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09/18/2018 - Work Study - Packet Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned Meeting materials are available on the City’s website: www.cityofportorchard.us or by contacting the City Clerk’s Office, 360.876.4407 The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. City of Port Orchard Council Work Study Session September 18, 2018 6:30 p.m. 1. Vision 2050-Update to the Regional Growth Strategy (Bond) Page 3 Estimated Time: 20 Minutes 2. Small Cell Ordinance Update (Bond/Cates) Page 19 Estimated Time: 20 Minutes 3. Zoning Code Updates (Bond) Page 51 Estimated Time: 15 Minutes Mayor: Rob Putaansuu Administrative Official Councilmembers: Bek Ashby Chair: ED/Tourism/LT Committee Staff: Development Director Finance Committee KRCC / PSRC TransPol / KRCC TransPol KRCC PlanPol-alt / PRTPO Shawn Cucciardi Finance Committee Land Use Committee PSRC EDD-alt Fred Chang Utilities Committee Sewer Advisory Committee (SAC) Staff: Development Director Jay Rosapepe ED/Tourism/LT Committee Utilities Committee Chair: Lodging Tax Committee Sewer Advisory Committee (SAC) KRCC-alt / KRCC TransPol-alt Kitsap Transit-alt John Clauson Chair: Finance Committee Staff: Finance Director Kitsap Public Health District-alt KEDA/KADA-alt Cindy Lucarelli Chair: Utilities and SAC Committee Staff: Public Works Director Chair: Chimes and Lights Committee Staff: City Clerk KEDA/KADA Scott Diener (Mayor Pro-Tempore) Chair: Land Use Committee Staff: Development Director ED/Tourism/LT Committee PSRC Growth Mgmt-alt Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Geoffrey Marti Police Chief Brandy Rinearson, MMC, CPRO City Clerk Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 City of Port Orchard Work Study Session Executive Summary Issue Title: Vision 2050 – Update to the Regional Growth Strategy Meeting Date: September 18, 2018 Time Required: 20 Minutes Attendees: Nick Bond, Community Development Director Background/Issue: The City completed its periodic update to the Port Orchard Comprehensive Plan in June 2016. In the 2016 Comprehensive Plan, the City adopted growth targets for the 2010-2036 planning horizon year to add 8,235 additional residents and 3,132 jobs to the City for a total planned 2036 population of 20,558 residents and 9,941 jobs. These planning targets (or growth allocations) came from the Countywide planning policies, which were developed to implement the PSRC multicounty planning policies and regional growth strategy (Vision 2040). The PSRC is currently developing Vision 2050, the next iteration of the regional growth strategy. Vision 2050 will ultimately result in the City’s next set of growth targets that we must plan for in our next periodic update to the Comprehensive Plan in 2024. The decisions being made today will have a large impact on how many jobs and people we must plan for beyond the 2036 planning horizon. On November 1, 2018, Mayor Putaansuu, as the City’s representative on the Growth Management Policy Board (GMPB) at PSRC, will be asked to vote to confirm three assumptions as the PRSC and its jurisdictions begins drafting the Environmental Impact Statement for Vision 2050. These three items are: • To select the four alternatives to be considered in the EIS process (page 8 of the attached presentation) • To adopt the outcomes which will be evaluated as part of the EIS process (see packet page 11-12 of the attached memo from Paul Ingram at PSRC) • To adopt changes to the regional geographies as part of the EIS process, which will be used in the Vision 2050 Regional Growth Strategy (page 6 of the attached presentation) The attached presentation was given to the KRCC Board, and is intended to provide an overview of the issues that will be decided at the November 1, 2018 PSRC GMPB meeting. The City Council should discuss how these decisions might affect Port Orchard. Alternatives: N/A Relationship to Comprehensive Plan: The issues being discussed will inform the City’s next periodic Comprehensive Plan update in 2024, by creating the framework for countywide planning policies including population and employment allocations. Action Requested at this Meeting: Discussion. 3 of 110 Recommendations: Staff recommends that the Council discuss the issues and consider providing the Mayor with direction. Attachments: Presentation on the Regional Growth Strategy; Memo from Paul Ingram to the PSRC Regional Staff Committee 4 of 110 REGIONAL GROWTH STRATEGY •Part of VISION 2050. •Outlines how various groupings of the region’s cities should plan for additional population and employment growth. •Provides guidance for how counties, cities and towns can work together to establish local growth targets. What is the Regional Growth Strategy (RGS)? 5 of 110 Countywide Planning Policies Multicounty Planning Policies Regional Growth Strategy Comprehensive Plans REGIONAL GROWTH STRATEGY Q: Why does the Regional Growth Strategy matter to Kitsap? A: Money! Eligibility for grant $ Growth Management Act 6 of 110 Countywide Planning Policies Regional Growth Strategy Comprehensive Plans REGIONAL GROWTH STRATEGY Q: Why does the RGS matter to Kitsap? A: Population allocation to each Kitsap jurisdiction! “What % of future population and employment growth should go to each regional geography? “How much future population and employment growth should go to each Kitsap jurisdiction within each regional geography (population allocations process in ~2021) ? “How does each Kitsap jurisdiction plan for their growth targets?”7 of 110 REGIONAL GROWTH STRATEGY Draft RGS Objectives •Maintain stable urban growth areas •Focus the great majority of new population and employment within urban growth areas •Maintain a variety of community types, densities, and sizes •Achieve a better balance of jobs and housing across the region, •Within urban growth areas, focus growth in cities •Within cities, create and support centers to serve as concentrations of jobs, housing, services, and other activities •Build transit-oriented development around planned infrastructure •Use existing infrastructure and new investments efficiently8 of 110 REGIONAL GROWTH STRATEGY Regional Geographies •Definition: Groupings of places within the Regional Growth Strategy. •Population and employment growth are assigned to each Regional Geography. 2040 Regional Geographies 9 of 110 REGIONAL GROWTH STRATEGY Draft Regional Geographies VISION 2040 VISION 2050 (proposed) •Metropolitan Cities •Core Cities •Larger Cities •Small Cities •Urban Unincorporated Areas •Rural and Resource Areas •Metropolitan Cities •Core Cities •High Capacity Transit Communities •Cities & Towns (without High Capacity Transit/HCT) •Urban Unincorporated Areas (without HCT) •Rural & Resource •Major Military Installations 10 of 110 REGIONAL GROWTH STRATEGY Potential outcomes of the draft VISION 2050 Regional Geographies… Metropolitan Cities = Core Cities = High Capacity Transit Communities = Cities & Towns (without High Capacity Transit) = Urban Unincorporated Areas (w/o High Capacity Transit) = Major Military Installations = Silverdale 11 of 110 REGIONAL GROWTH STRATEGY Draft Growth Scenarios •Definition: Concepts for how growth should be assigned. •Why it Matters: Some scenarios may become SEPA alternatives. 1.“Stay the Course” (no action alternative) 2.“VISION Updated Base and Extended” 3.“VISION + More Transit Oriented Development 4.Equal Distribution of Growth (for comparison’s sake) 12 of 110 REGIONAL GROWTH STRATEGY Key Growth Management Policy Board Meeting •Nov. 1: Identify growth strategy alternative(s) to formally analyze as par t of SEPA o Vote on Objectives o Vote on Regional Geographies o Vote on Growth Scenarios 13 of 110 REGIONAL GROWTH STRATEGY Questions for the KRCC Board: •Any feedback on the draft RGS objectives? •Any feedback on the Regional Geographies? •Any feedback on the Growth Scenarios? 14 of 110 July 19, 2018 DISCUSSION ITEM TO: Regional Staff Committee FROM: Ben Bakkenta, AICP, Senior Program Manager SUBJECT: VISION 2050 Outcomes and RGS Objectives In Brief Growth Management Policy Board discussion at the June 7, 2018 board meeting provided initial direction for refining and updating VISION 2050 outcomes and Regional Growth Strategy objectives, which staff will be transmitting for further GMPB review and discussion at their September meeting. Discussion At the heart of VISION 2040 is a shared vision of how and where the region should grow. Organized around the state Growth Management Act’s concepts of urban, rural, and natural resource areas, the Regional Growth Strategy provides a description of an overall development pattern that the central Puget Sound region should strive for over time. The Regional Growth Strategy provides guidance for how counties, cities and towns can work together to establish local growth targets achieve a desired growth pattern. The adopted Regional Growth Strategy’s pattern of development was analyzed through an environmental review process, and identified as most likely to achieve desired plan outcomes, including preserving and enhancing the natural environment, making efficient use of existing infrastructure and planned investments, while ensuring that growth and opportunity could be equitably accommodated throughout the region. In May 2018, the Regional Staff Committee discussed and expressed continued support for the core objectives underlying the VISION 2040 Regional Growth Strategy. The committee also recognized that the region has experienced significant growth since VISION 2040 was adopted in 2008, lessons have been learned, and some new issues and priorities have emerged. In their discussion, the committee suggested that VISION 2050 outcomes and Regional Growth Strategy objectives should also: •Acknowledge access to different types of jobs and housing throughout the region •Emphasize leveraging major transit and infrastructure investments •Support public health, and •Address social equity and displacement Committee members also noted that the objective for the rural area should be restated in a more positive frame, outcomes should discuss quality of life, and the strategy should direct 15 of 110 growth away from the edge of the urban growth boundary. Members also commented that the strategy should use more publicly accessible language and be more people-oriented. At their June meeting, the Growth Management Policy Board was provided background information on the Regional Growth Strategy, reviewed the original VISION 2040 Regional Growth Strategy objectives, as well as the comments from Regional Staff Committee. The board was asked to discuss whether they still support the growth strategy objectives adopted in VISION 2040, and if there are additional objectives the strategy should address. Board members confirmed continued general support for the original VISION 2040 objectives, but agreed that they are fairly high level and should be more specific about desired outcomes. Board members also noted that some of the current objectives more accurately described goals or outcomes for the VISION plan, while others were more descriptive of steps to take to achieve a physical growth pattern that will help to achieve those outcomes. Board members asked for objectives that are more measurable and that distinguish better between overall plan goals and the Regional Growth Strategy development pattern. A common emphasis in the Board discussion was housing, identifying it as an important issue to address regionally. Board comments addressed numerous topics related to affordable housing and regional and local jobs-housing balance, such as ensuring that as housing is developed, distribution of home types and price levels better match sub-regional housing needs, job types, and income levels. Board and committee input has informed a refined set of draft VISION 2050 plan outcomes for continued discussion, along with measurable objectives for the Regional Growth Strategy: VISION 2050 Outcomes. •Climate. Meaningful steps have been taken to reduce carbon emissions and minimize the region’s contribution to climate change. •Community. Livable communities are supported throughout the region, and displacement due to development pressure is mitigated. •Economy. Economic opportunities are open to everyone, the region competes globally, and has sustained a high quality of life. •Environment. The natural environment is restored, protected, and sustained. •Health. Communities promote physical, social, and mental well-being so that all people can live healthier and more active lives. •Housing. Healthy, safe, and affordable housing for all family sizes is available and accessible throughout the region. •Innovation. The region embraces and responds to disruption, innovation, and change. •Mobility and connectivity. A safe, clean, integrated, sustainable, and highly efficient multimodal transportation system promotes economic and environmental vitality and supports the regional growth strategy. •Natural Resources. Natural resources are permanently protected, supporting the continued viability of resource-based industries, such forestry, agriculture, and aquaculture. •Public Facilities and Services. Public facilities and services support local and regional growth plans in a coordinated, efficient, and cost-effective manner. •Resilience. The region’s communities plan for and are prepared to respond to potential impacts from natural hazards and other adverse events. 16 of 110 •Rural Areas. Rural communities and character are strengthened, enhanced, and sustained. •Social Equity. All people can attain the resources and opportunities to improve their quality of life and enable them to reach their full potential. Regional Growth Strategy Objectives: Under the state Growth Management Act, all communities have a responsibility to plan for and accommodate growth. It is also acknowledged that when looking at a regional growth pattern, understanding local context and providing flexibility is important when considering regional guidance for growth. Physical development patterns are associated with particular outcomes. For example, distance between a job location and housing that the employee working in that location can afford affects daily travel, related vehicle emissions, roadway congestion, and transit use. Compact development patterns use less land and can reduce pressure on environmental systems. Proximity of competing and complementary industries and businesses create wealth and support larger pools of talent, increasing regional competitiveness. When looking at the region’s pattern of physical development, what distribution of activity, mix and intensity of uses will help produce the desired VISION 2050 outcomes described in the previous section? Input from the GMPB and Regional Staff Committee identified the following objectives to guide the creation of the region’s land use and development pattern: •Maintain stable urban growth areas •Focus the great majority of new population and employment within urban growth areas •Maintain a variety of community types, densities, and sizes •Achieve a better balance of jobs and housing across the region, •Within urban growth areas, focus growth in cities •Within cities, create and support centers to serve as concentrations of jobs, housing, services, and other activities •Build transit-oriented development around planned infrastructure •Use existing infrastructure and new investments efficiently Next Steps The Regional Staff Committee will review and discuss the refined VISION 2050 outcomes and Regional Growth Strategy objectives at their July meeting. The Growth Management Policy Board will continue their discussion of these topics as alternatives are identified for analysis in the Supplemental Environmental Impact Statement in fall 2018. Lead Staff Ben Bakkenta at 206-971-3286, bbakkenta@psrc.org 17 of 110 18 of 110 City of Port Orchard Work Study Session Executive Summary Issue Title: Small Cell Ordinance Update Meeting Date: September 18, 2018 Time Required: 20 Minutes Attendees: Nick Bond, Community Development Director Background/Issue: The City has been discussion the adoption of a small cell ordinance for more than a year. The final sticking point between the City and industry representatives is on whether the City should use its proposed small cell permit model for an ordinance, or, amend its proposed ordinance to use a franchise agreement instead of requiring small cell permits. The City’s attorney has provided the attached memo to discuss the pros and cons of each approach. In addition, the most recent draft ordinance (including the small cell permit approach) is attached along with new images showing acceptable and unacceptable examples of small cell installations. Alternatives: See the discussions of small cell permits vs. franchise agreements in the attached memo. Relationship to Comprehensive Plan: N/A Recommendations: Staff recommends that the Council discuss the alternative approaches and provide direction to staff concerning next steps. Attachments: Memo from Sharon Cates, Draft Ordinance, Examples of Acceptable and Unacceptable Small Cell Installations. Action Requested at this Meeting: Discussion. 19 of 110 20 of 110 Date: September 10, 2018 To: City Council, City of Port Orchard Rob Putaansuu, Mayor Nick Bond, Director of Community Development From: Lighthouse Law Group PLLC Re: Small Cell Facilities – Permitting Process vs. Franchise Agreement Lighthouse was asked to provide information to the Port Orchard City Council regarding the siting of small cell facilities in the public right-of-way via either a permitting process (as the draft Small Cell Facility Ordinance is currently drafted) or a franchise agreement (as has been requested by a small cell facility representative). This memorandum provides information on both, as well as the pros and cons of each type of arrangement. Small Cell Facilities An increase in the use of wireless devices in recent years has triggered the need for small cell technology to increase coverage for (and the speed of) these devices. Typically, small cell facilities need to be between 25-45 feet in height, and small cell companies have determined that attaching this technology to existing utility poles or light/traffic poles within the right-of-way is the most efficient method of rolling out this technology. Small cell facilities also require either an aerial or underground line to access power and fiber to transmit cellular phone and data signals. As a result, there has been a dramatic increase in applications from small cell providers seeking to place small cell facilities in municipal rights-of-way. Washington cities have taken different approaches to regulating small cell facilities in their rights-of-way, and there is not yet a “best practice” for doing so. Each city will need to make policy choices in the course of updating its code to address small cell technology. Permitting Process The City’s draft Ordinance (proposed new Chapter 12.40 POMC – “Smart Deployment of Small Cell Facilities”) provides for a permitting process for placing small cell technology in the City’s rights-of-way. The Ordinance states that the siting of small cell facilities in the City right-of-way is a permitted use pursuant to the regulations set forth therein, and establishes a process for applying for, receiving, modifying, and renewing small cell facility permits. It also establishes conditions for permit approval, as well as design standards for the appearance and placement of all of the elements of a small cell 21 of 110 2 | Page September 10, 2018 facility. The Ordinance also provides for the bonding of work performed in the right-of- way, for insurance for reasonably foreseeable risks, for indemnification of the City against claims arising from the use of small cell facilities in the right-of-way, and includes regulations relating to the abandonment or removal of small cell facilities. Franchise Agreement A franchise agreement is a contract between a city or county and a public or private utility provider who needs the public rights-of-way to deliver its services. Cities have long allowed utilities to be located in the rights-of-way because those linear corridors are critical to the roll out of vital facilities that require pipes, electrical lines, fiber optic cables, etc. Cities enter into franchise agreements with private companies and with other public agencies to grant them the right to use the public rights-of-way for installation, maintenance, and repair of their facilities (typically underground pipes and conduits or above-ground cables and lights on poles). Water and sewer pipes, natural gas distribution systems, fiber optic cables, electrical lines, and wireless phone systems all rely on public rights-of-way for getting their services to businesses and residents. All of that infrastructure needs to be installed and maintained within the rights-of-way without interfering with the use of city streets and sidewalks for public travel. Adding to the complexity are federal regulations that preempt local government authority on some aspects of telecommunications and cable television services. These are just some of the many factors that need to be taken into consideration when negotiating and administering franchise agreements. When a road project will impact utilities in the right-of-way, or when a utility provider needs to replace underground pipes, a city will need to coordinate those projects to minimize costs and inconvenience to the public’s use of the rights-of-way for driving, bicycling, or walking. When a water or sewer main breaks or a driver knocks down a telephone pole, it will be important for the city and the franchisee to understand how to handle such emergencies. A good franchise agreement contains provisions covering such situations, so that all involved know their rights and responsibilities. A franchise agreement also usually covers who is responsible financially if one utility causes damage or disruption to another right-of-way user. No state statutes require cities to enter into contracts with utility providers who install their facilities within the rights-of-way, but a well-crafted franchise agreement can help avoid disagreements and litigation. When the facilities in the rights-of-way are wireless antennas or equipment cabinets that are part of a telecommunications network, a franchise agreement will typically cover a variety of subjects, including permitting procedures, notice requirements before digging in the rights-of-way, insurance and indemnification, length of the franchise, and any applicable costs, fees, or tax arrangements. 22 of 110 3 | Page September 10, 2018 Pros and Cons One of the primary reasons municipalities use franchise agreements is to regulate the use of their rights-of-way to ensure that these shared corridors remain available for everyone who needs to use them (public and private utilities as well as the driving, bicycling and walking public). Small cell facilities do not fall within the same type of utility as those that historically have used the city’s rights-of-way, as they do not require cabling along long stretches of city streets. Instead, small cell facilities’ use of the rights- of-way is mostly limited to placement at the top of electric/light poles, with only a limited amount of digging in the right-of-way required to underground some portions of the facilities. Because of this, typical franchise agreements and their provisions regarding how to share the use of the underground portions of the rights-of-way are not required. Instead, the provisions to protect both the right-of-way and the City (permit requirements, insurance and indemnification provisions, for example) can be set forth in the City’s code instead, as is contemplated by the City’s draft Ordinance. Small cell facility providers have sought a 10-year franchise agreement in lieu of the proposed permitting process, stating that it is an administrative burden on both the provider and the City to have to track and renew multiple permits within the City. With a franchise agreement, the provider would have the ability to place small cell facilities at any approved point within the right-of-way and the facility would be governed by the terms of the franchise agreement for its entire term, no matter when a specific facility was installed. Under the Ordinance’s proposed permitting process, small cell facilities are permitted for 10 years and must be renewed at that point; however, it allows for a Permittee to submit a consolidated application for the renewal of multiple small cell facility permits (effectively syncing up the renewal timeline for all permits in the City). Both methods of regulating the installation and use of small cell facilities provide the necessary protections to the City and the users of its rights-of-way. The main argument in favor of franchise agreements is that it would limit to some degree the administrative burden on Permittees and the City. The main argument against franchise agreements is that they do not offer any additional protections to the City than those provided by the proposed Ordinance, and they arguably allow Permittees more latitude in the placement of small cell facilities in the rights-of-way. Franchise agreements are generally drafted to allow franchisees to use any portion of the right-of-way, as long as they remain in compliance with the City’s regulations thereof. The use of a franchise agreement could lead franchisees to believe that their ability to use the right-of-way is more extensive than the City intended. Any small cell facility franchise agreement would have to be carefully drafted to make it clear that it does not provide the franchisee with any more control over its use of the right-of-way than what was intended by the City’s proposed Ordinance. 23 of 110 4 | Page September 10, 2018 Another argument in favor of a permitting process is its ability to quickly respond to changes in the industry. The City has received some comments from those with knowledge of the small cell industry indicating that small cell technology is changing rapidly, and that lengthy franchise agreements describing the technology as it currently exists may reasonably be expected to be obsolete long before their terms end. While franchise agreements can be amended, a permitting process, which can be updated with relative ease when required by the needs of changing technology, may be a better option at this point. Once the technology has proceeded to the point of being relatively stable, the City could revisit the issue of whether a franchise agreement is a more desirable option. 24 of 110 CITY OF PORT ORCHARD, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE SMART DEPLOYMENT OF SMALL CELL FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY BY ENCOURAGING RAPID DEPLOYMENT AND ESTABLISHING STANDARDS FOR PERMITTING, LOCATION, AESTHETICS, AND COMPATIBILITY FOR COMMUNICATION STRUCTURES, FACILITIES, AND USES; AND AMENDING THE Port Orchard FEE SCHEDULE BY ESTABLISHING A FEE FOR A SMALL CELL FACILITY PERMIT; AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is anticipated that Personal Wireless Service Providers and other telecommunications service providers will increasingly rely on accessing the Public Right-of-Way of Port Orchard to install Small Cell Facilities in order to provide improved service to their subscribers; and WHEREAS, it is anticipated that Personal Wireless Service Providers will heavily depend on obtaining use of public infrastructure in the Public Right-of-Way, such as light poles, due to a much greater number of antennas being required by the Personal Wireless Service Providers; and WHEREAS, it is anticipated that there will be residential and commercial consumer demand and economic benefits to the City with the improved Personal Wireless Services; and WHEREAS, the City desires through the passage of this Ordinance to develop a process that will allow Personal Wireless Service Providers to rapidly deploy Small Cell Facilities while maintaining reasonable standards for the Public Right-of-Way within the Port Orchard; and WHEREAS, it is necessary and beneficial for the health, safety, and welfare of the community to update the regulations for development of small cell facilities; and WHEREAS, it is important to accommodate the growing need and demand for telecommunications services while protecting the character of the Port Orchard and its neighborhoods; and WHEREAS, there is a need to establish standards for location, aesthetics, and compatibility for small cell facilities, and uses; and WHEREAS, it is necessary to encourage the location and collocation of small cell facilities on existing structures in order to reduce the need for new towers, thereby minimizing visual clutter, public safety impacts, and effects upon the natural environment, as well as to encourage concealed technologies; and WHEREAS, there is a need to encourage the availability of affordable, high-speed internet and cellular telephone access for businesses and residents, acknowledging that a growing number of businesses are conducted in whole or in part from homes and/or on-the-go, that increasingly education incorporates on-line learning necessitating good home internet connections for students and faculty, and that government participation and emergency service to the general public are enhanced by fast and reliable cellular and home internet connectivity; and 25 of 110 WHEREAS, there have been recent changes to the mandates of the Telecommunications Act of 1996, the Middle Class Tax Relief and Job Creation Act of 2012, and other applicable federal and state laws that require the Port Orchard to update its wireless regulations; and WHEREAS, a mechanism for permitting of small cell facilities is in the best interest of the citizens of the Port Orchard; WHEREAS, pursuant to RCW 36.70A.106, on [INSERT DATE] the City notified the State of Washington of its intent to adopt amendments to its development regulations [CITY ATTORNEY MUST DETERMINE WHETHER THIS ORDINANCE IS A DEVELOPMENT REGULATION SUBJECT TO RCW 36.70A.106]; NOW, THEREFORE, THE CITY COUNCIL OF THE Port Orchard, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Title 12 of the Port Orchard Municipal Code is amended by adding the following new Chapter: Chapter 12.40 Smart Deployment of Small Cell Facilities: 12.40.010 Purpose The purpose of this Chapter is to provide specific regulations for the placement, construction, and modification of Small Cell Facilities by commercial Personal Wireless Service providers in the Public Right-of-Way. The provisions of this Chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of Personal Wireless Services, nor shall the provisions of this Chapter be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent Personal Wireless Services. To the extent that any provision or provisions of this Chapter are inconsistent or in conflict with any other provision of the Municipal Code or any ordinance of the City, the provisions of this Chapter shall be deemed to control. This Chapter does not apply to any wireline facilities. Any Personal Wireless Service provider must obtain a Master Use Permit or Telecommunications Franchise pursuant to applicable law for the use of the Public Right-of-Way for any Wireline Backhaul Facility, or any other wired facilities, such as fiber optic cable. The granting of a permit pursuant to this Chapter is not a grant of a Master Use Permit or Telecommunications Franchise. 12.40.020 Definitions For the purpose of this Chapter, the following terms shall have the meaning ascribed to them below: A. “Applicable Law” shall mean all applicable federal, state, and local laws, codes, rules, regulations, orders, and ordinances, as the same be amended or adopted from time to time. B. “Applicant” shall mean any Person submitting an Application under this Chapter. C. “Application” shall mean a Small Cell Facility Permit Application or a Modification Permit Application. D. “City” shall mean the City of Port Orchard, Washington. 26 of 110 E. “Collocate” or “Collocation” shall mean the mounting or installation of equipment on an existing Pole for the purpose of either transmitting or receiving, or both, radio frequency signals for communications purposes. F. “Days” shall be counted in calendar days unless otherwise specified. When the day, or the last day, for taking any action or paying any fee falls on Saturday, Sunday, or a Federal holiday, the action may be taken, or the fee paid, on the next succeeding secular or business day. G. “Department” shall mean the Department of Public Works of the City. H. “Director” shall mean the director of the Department. I. “FCC” and “Commission” shall mean the Federal Communications Commission. J. “Location” shall mean a geographic area no less than one-half square miles. K. “Microcell” shall mean a wireless communication facility consisting of an antenna that is either: 1. four feet in height and with an area of not more than five hundred eighty square inches; or 2. if a tubular antenna, no more than four inches in diameter and no more than six feet in length. L. “Minor Facility” shall mean a wireless communication facility consisting of up to three antennas, each of which is either: 1. four feet in height and with an area of not more than five hundred eighty square inches; or 2. if a tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than forty- eight square feet in floor area. M. “Permittee” shall mean a Person that has been granted a Small Cell Facility Permit or a Modification Permit by the Department. N. “Person” shall mean any individual, group, company, partnership, association, joint stock company, trust, corporation, society, syndicate, club, business, or governmental entity. “Person” shall not include the City. O. “Personal Wireless Services” shall mean commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. P. “Pole” shall mean a utility pole that is used in whole or in part to facilitate telecommunications or electric service, or a street light pole and capable of support Wireless Service Facilities. Q. “Public Right-of-Way” shall mean 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. R. “Small Cell Facility” shall mean a Wireless Facility that meets both of the following qualifications: 27 of 110 1. each antenna is located inside an antenna enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and 2. primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume: Electric meter, concealment, telecomm demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch. Unless the context clearly provides otherwise, the term Small Cell Facility shall include a Small Cell Facility, Microcell, Minor Facility, Small Cell Network, and Distributed Antenna System. S. "Small Cell Network" shall mean a collection of interrelated small cell facilities designed to deliver personal wireless services. T. “Wireless Service Facility” shall mean facilities for the provision of wireless data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. U. “Wireline Backhaul Facility” shall mean a facility used to transport communications data by wire from wireless facility to a communications network. 12.40.030 Permitted Use The siting of Small Cell Facilities on property within the Public Right-of-Way of the City shall be a permitted use and permission to install such Small Cell Facilities shall be granted by permit subject to the provisions of this Chapter. All other siting of Small Cell Facilities, including, but not limited to, the installation of new Poles or wireline backhaul facilities, shall be subject to the applicable provisions of the Port Orchard Municipal Code. Any Person seeking to install new Poles or wireline backhaul facilities in any Public Right-of-Way must obtain a franchise from the City prior to any installations. 12.40.040 Small Cell Facilities Permit Process A. Administration and Procedure: The director is authorized and directed to administer the provisions of this chapter relating to Small Cell Facilities Permits. B. Review Process: An Application submitted pursuant to this Chapter shall be reviewed as follows: 1. Submission of Application: Applicant will submit a complete application to the Department along with the Application Fee; 2. Contents of a Counter Complete Application: Consistent with POMC 20.24.040, the following materials shall be submitted to the City for a Small Cell Facilities Permit Application to be deemed counter complete. The Director shall determine number of copies required: a) A completed application form (including all supporting documents) signed by the Applicant; b) date, name, address, telephone number and email of the Applicant identified in the application; 28 of 110 c) contact information, including the name, address, and phone number of an agent or engineer affiliated with the Applicant and who will be acting in a supervisory capacity on behalf of the Applicant, d) a statement that the Applicant attests by written oath to the accuracy and completeness of all information submitted in the application; e) site plans, including a vicinity map, and showing public streets, boundaries, locations, heights, and other physical dimensions of all Poles on which Applicant is proposing to attach Small Cell Facilities. If all Poles are sufficiently near one another, a single site plan or multiple sheets showing individual Poles may be submitted; f) Traffic Control Plan, if the installation of the small cell facility will require work within the traveled way; g) Structural Engineering Analysis of existing poles to which a proposed Small Cell Facility would be attached. See POMC 12.40.060(D); h) permission statement from the pole owner to install facilities on such structure. See POMC 12.40.050(D); i) a copy of a Certificate of Liability Insurance along with the Endorsement which names the City of Port Orchard as an Additional Insured. See POMC 12.40.060(A-D) Insurance; and j) in addition to the required number of paper copies, all materials to be submitted via an approved method for electronic submission of files. 3. Counter-completeness: Applications may either be brought in person to the City, or Applications may be mailed to the City for counter-complete review. a) An Application is counter-complete if the Director finds that the Application purports and appears to include the information required of permit application(s); provided, no effort shall be made to evaluate the substantive adequacy of the information in the Application(s) in the counter-complete review process. No effort shall be made to determine ownership of land as part of the counter-complete review process. b) The director shall make a counter-complete determination regarding an Application brought in person to the City while the applicant is present. For Applications mailed to the City, the counter-complete determination shall be made within two business days from the date of receipt. If the City does not provide a counter-complete determination for a mailed Application, the Application shall be deemed counter-complete as of the third day from receipt. c) If the Director decides the Application is counter-complete, then the Application may be submitted and the appropriate fee shall be paid by the Applicant. 29 of 110 4. If the Director decides the Application is not counter-complete, then the City shall reject and return the Application and identify in writing what is needed to make the Application counter-complete. 5. Technical completeness. a) Within thirty (30) calendar days of receiving an Application, the Director shall determine whether an Application is technically complete. An Application is technically complete for purposes of this section when it meets the submission requirements of this chapter as well as the submission requirements contained in other applicable sections of the code. This determination of technical completeness shall be made when the Application is sufficient for continued processing even though additional information may be required or project modifications may be subsequently undertaken. b) A determination of technical completeness shall not preclude the City from requesting additional information or studies either at the time of the notice of completeness or at some later time. Such new information may be required to establish whether the proposal meets applicable Municipal Codes and regulations, whether additional environmental study is required, or, more generally, when there are substantial changes in the proposed action. c) The city may determine that a counter-complete Application is not technically complete because the information submitted is not sufficient for further processing, is incomplete, or is factually incorrect. If the Applicant receives a written determination from the City that an Application is not technically complete, the Applicant shall have up to ninety (90) calendar days to submit the necessary information to the city. Within ten (10) calendar days after an applicant has submitted the requested additional information, the city shall determine whether the application is technically complete. d) If an Applicant either refuses in writing to submit additional information or does not submit the required information within ninety (90) calendar days, the Application shall be terminated. e) If the Director does not provide written notification that an Application is technically incomplete within the thirty (30) day period, the Application shall be deemed technically complete for processing as of the thirty-first (31) calendar day following receipt of the Application. 6. Review Period: The Department has ninety (90) days after the date a Small Cell Facility Permit Application is filed to issue or deny a Small Cell Facility Permit pursuant to the Small Cell Facility Permit Application. An application will be deemed counter complete if the Director finds that the application purports and appears to include the information required pursuant to subsection 12.40.040(B)(2) above; provided, no effort shall be made to evaluate the substantive adequacy of the information in the application(s) in the counter complete review process. C. Tolling of Review Period: In the event that the Application is not deemed technically complete, and the Department has provided a written notice of incompleteness, then the ninety (90) day review period shall be tolled pending the time between the notice and the submittal of information in compliance with the notice(s). Applications shall also be tolled in the event that additional 30 of 110 information is requested for an application previously determined to be technically complete. An Applicant and the Department can mutually agree in writing to toll the ninety (90) day review period at any time. D. Extension Based on Number of Applications Received: If the Department receives applications within a single seven-day period from one or more Applicants seeking approval of permits for more than thirty (30) Small Cell Facilities, the Department may extend the 90-day review period of this Chapter by an additional 30 days. If the Department elects to invoke this extension, it must inform in writing any Applicant to whom the extension will be applied. E. Moratoria Prohibited: The Department shall not establish any moratorium or any prohibition thereof regarding the receiving and processing of any Applications. F. Nondiscrimination: The Department must ensure that any Application processed under this Chapter is performed on a nondiscriminatory basis. 12.40.050 Standards for Small Cell Facilities The following are the Standards for Small Cell Facilities in the City. A. Pole Design: An existing Pole may be replaced or added on to accommodate small cell antennas and related equipment subject to the following requirements: 1. Replacement Pole: Replacement Poles shall match height, width, color, and material of the original or adjacent poles. The height of any Replacement Pole may be altered only when minor deviations up to the minimum additional height are needed to allow sufficient space for the required clearance from electrical utility wires when required to accommodate antennae at the top of a Pole or a pole extender, which shall be no greater than six fifteen (615) feet tall and shall be the minimum required to achieve required safety clearances and to satisfy pole owner requirements. To accommodate concealed equipment and cabling, the pole base may deviate up to fifty percent (50%) of the original pole width or thirty inches (30”), whichever is greater. Replacement Poles shall be located as close as possible to the existing Pole, and the replaced Pole shall be removed. 2. Existing Pole: The height of any existing Pole shall not be altered, except when minor deviations up to the minimum additional height are needed to allow sufficient space for the required clearance from electrical utility wires when required to accommodate antennae at the top of a pole or a pole extender, which shall be no greater than six fifteen (615) feet tall and shall be the minimum necessary to achieve required safety clearances and to satisfy pole owner requirements. 3. Internal Cabling: Where technically feasible, all equipment and cabling shall be internal to the replacement Pole. 4. Equipment Concealed: Where technically feasible, all antennas and equipment shall be fully concealed within a Pole. If such concealment is not technically feasible, an antennas shall be configured to reduce the visual impact to the greatest extent feasible. .camouflaged to appear to be an integrated component of a Pole. Any equipment that cannot be concealed within a Pole or undergrounded consistent with Port Orchard Municipal Code Ch. 12.16 due to technical Commented [KA1]: 6 feet will not accommodate the pole owner's requirements for NESC clearances and expansion of supply space, plus antenna height. Suggest a maximum of 15 feet, which is consistent with other jurisdictions in WA, with a requirement that the height increase be no greater than needed to achieve required safety clearances and pole owner requirements. Commented [KA2]: See previous comment. Commented [KA3]: This is a vague standard, which would not accommodate all of the carriers' different designs for small cell., especially on wood utility poles Often, attaching antennas directly to the pole is less visually intrusive than putting them into a canister. Verizon's antenna design for PSE wood poles is to attach to the sides of the pole top with 2-3 small panel antennas to allow for antenna tilt needed in places with challenging topography, like Port Orchard. Commented [NB4]: This is still vague. Perhaps 2-3 photos can be inserted showing good and bad examples. 31 of 110 infeasibility shall be camouflaged to appear to be an integrated component of a Pole. Any equipment attached to a Pole pursuant to this subsection shall be contained within the smallest possible enclosure and attached to the Pole in a manner consistent with this Chapter. Examples of equipment that has been successfully concealed are shown as follows: [insert photos] Examples of equipment that has not been successfully concealed are shown as follows: [Insert Photos] 4.5. Flush Mounting and Pole-Top Antennas: When permitted, a Small Cell Facility shall, to the full extent permitted under the state electrical code, other applicable safety codes, and the Pole owner’s requirements, be as close to flush-mounted on a Pole as possibleermitted by applicable safety codes, which means mounting directly to the Pole with no gap other than that which may be required for screws, bolts, or other fasteners. Cannisters containing an antenna attached to the top of a Pole shall not exceed the diameter of the Pole. If, due to technical feasibility, a cannister must exceed the diameter of a Pole, the cannister shall not have a diameter that is more than fifty percent (50%) greater than the diameter of the Pole. 5.6. Material and Color: Where internal cabling or equipment concealing is demonstrated not to be technically feasible, a Small Cell Facility shall be made to match the color of the Pole to the maximum extent possible and shall be non-reflective. 6.7. Antenna Design: Where an enclosure, such as a cannister, is proposed to house an antenna, the antenna shall be located in an enclosure of no more than three (3) cubic feet in volume, or in case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of no more than three (3) cubic feet. No more than eightfour (84) antennas are permitted on a single pole and with a total volume not to exceed twelve (12) cubic feet. 7.8. No Illumination: Small Cell Facilities shall not be illuminated. 8.9. Generators and Backup Battery: Generators are not permitted for Small Cell Facilities. A battery backup may be permitted provided it is concealed or camouflaged, as applicable, in a manner consistent with this Chapter. B. Ground-Mounted Small Cell Facilities: To allow full use of the Public Right-of-Way by pedestrians, bicycles and other users, all ground-mounted equipment shall be undergrounded consistent with Municipal Code, including, but not limited to, Port Orchard Municipal Code Ch. 12.16, and in a vault meeting the City’s construction standards or, concealed in the base of a Pole, or concealed in street furniture and comply with the Americans with Disabilities Act (ADA), City construction standards, and State and federal regulations in order to provide clear and safe passage within the Public Right- of-Way. Example of ground-mounted small cell facilities in the base of a pole: [insert photos] Commented [KA5]: The safety codes and the pole owners do not allow anything to be bolted flush with the pole. Suggest deleting this description and leaving the preceding sentence to define the mounting standard. Commented [KA6]: The volumetric limit of 12 CF is a more workable standard and can offer better protection for aesthetics than a cap on the number of antennas. Verizon has a design that uses 8 very small radio/antenna combo units that provide much more visual mitigation than a cap of 4 larger antennas. Suggest deleting the 4 antenna cap. Commented [KA7]: While Verizon's small cell design does not include ground mounted equipment, vaulting radios is not technically feasible in the PNW due to the amount of rainfall and vault moisture that corrodes the radios. Consider allowing if integrated into street furniture. 32 of 110 Example of ground-mounted small cell facilities in street furniture: [insert photos] B.C. Replacement Poles: Replacement poles shall match the height, width, color (to the extent possible), and material of the original or adjacent poles. The City may approve minor deviations up to the minimum additional height needed to allow sufficient space for the required clearance from electrical wires when required to accommodate antennae, or the pole owner's requirements, and may also approve minor deviations up to fifty percent (50%) of the pole width or thirty inches (30”), whichever is greater, when housing equipment within the pole base. Preferred Replacement poles shall be located as close as possible to the existing pole, and the replaced pole shall be removed. C.D. Permission: All installations of Small Cell Facilities shall have permission from the Pole owner to install facilities on such structure. Nothing in this Section affects the need for an entity seeking to place a Small Cell Facility on a Pole that is not owned by the City to obtain from the owner of the Pole any necessary authority to place the Small Cell Facility, nor shall any Section of this Chapter be deemed to affect the rates, terms, and conditions for access to or placement of a Small Cell Facility on a Pole not owned by the City. This Section does not affect any existing agreement between the Department and an entity concerning the placement of Small Cell Facilities on City-owned Poles. 12.40.060 Small Cell Facility Permit Applications A. Application Form: The Director shall develop an Application Form for a Small Cell Facility Permit and a Modification Permit. To the extent possible, the Director shall allow for Applications to be consolidated pursuant to RCW 80.36.375(1)(c). Each Applicant must submit a complete Application for each respective permit. B. Consolidated Applications: A Personal Wireless Services provider may apply for up to [30 INSERT NUMBER] Small Cell Facility Permits for a Small Cell Network in a common geographical area of the City in a single Consolidated Application. The Department will review the Consolidated Application as allowed by this Chapter. A Consolidated Application may be bifurcated, if necessary, to allow a portion of the Small Cell Facility Permits to be approved or denied. The Small Cell Facility Permits denied in a Consolidated Application shall be subject to a single Appeal. C. Information Not Required: The Department shall not require an Applicant to provide any information that: 1. has previously been provided to the Department by the Applicant in an Application, if the Applicant provides specific reference to the previous Application containing the information sought by the Department; and 2. is not reasonably necessary to review an Application for compliance with generally applicable and reasonable health, safety, and welfare regulations, and to demonstrate compliance with applicable Federal Communications Commission regulations governing audio frequency exposure, or other information required by this Section. D. Pole Inspection: Prior to submitting an Application to the Department, aAn Applicant shall coordinate with the pole owner to arrange for the necessary inspections of any Pole to which a proposed Small Cell Facility would is proposed to be attached and determineto ensure, based on a Commented [KA8]: Suggest 30, to be consistent with the 040(d) above. 33 of 110 structural engineering analysis by a Washington registered professional engineer, the suitability of the Pole for the Applicant’s purposes.; i.e., Tthe structural engineering analysis shall be submitted to the Department and shall certify that a Pole can reasonably support a proposed Small Cell Facility considering the conditions of the street, the anticipated hazards from traffic to be encountered at the proposed Location, and any wind, snow, ice, or other conditions that may be reasonably anticipated at the proposed Location. A preliminary structural integrity evaluation is required prior to submitting an Application to the Department, and a more detailed inspection and analysis of the Pole is required prior to installation of the Small Cell Facility. 12.40.070 Conditions and Authorizations A. General Conditions of Approval: In processing and approving a Small Cell Facility Permit or Modification Permit, the Department shall condition its approval on compliance with: 1. generally applicable and reasonable health, safety, and welfare regulations consistent with the City’s Public Right-of-Way management; 2. compliance with all applicable Municipal Codes, Standards, and Ordinances, including, but not limited to, compliance with regulations regarding wetlands, critical areas, and any associated buffer areas not in the Public Right-of-Way; 3. prior to commencing any construction, operation, or maintenance of a Small Cell Facility pursuant to the Small Cell Facility Permit or Modification Permit, obtaining any necessary authorization, including, but not limited to, a Determination of Nonsignificance by an appropriate authority, pursuant to Applicable Law, including, but not limited to, the State Environmental Policy Act (SEPA), RCW Ch. 43.21C, WAC Ch. 197-11, and POMC Ch. 20.160. 4. compliance with Permittee’s Application. Any modification to the Small Cell Facilities following the approval of a Small Facilities Permit requires the submission of a new Application; 5. reasonable accommodations for decorative Poles; 6. any reasonable restocking, replacement, or relocation requirements, within six (6) months of receiving a notice to relocate, when a Replacement Pole is placed in the Public Right-of-Way; 7. construction of the proposed Small Cell Facility within onesix (16) yearmonths from the date the Small Cell Facility Permit was issued; 8. obtaining a Master Permit, Telecommunications Franchise, or any other applicable authorization for the use of the Public Right-of-Way for the construction of Wireline Backhaul Facilities, new Poles, or any other wired facilities; and 9. compliance with all Applicable Law. B. Examples of Generally Applicable and Reasonable Health, Safety, and Welfare Regulations: Generally applicable and reasonable health, safety, and welfare regulations for purposes of this Section include, without limitation, the following: 1. a structural engineering analysis by a Washington registered professional engineer certifying that a Pole can reasonably support the proposed Small Cell Facility considering the conditions of Commented [KA9]: While preliminary structural integrity is evaluated when a carrier asks permission to use a particular pole, this more detailed inspection and analysis is part of the make ready work that the pole owners will only perform after land use approval. If the pole is found to be unsound, due to top rot, for example, the owner will require replacement based on the make ready inspection. The engineering report is not shared by PSE. It is the pole owner's responsibility to insure the pole integrity. Commented [KA10]: This is inconsistent with the usual 1-2 year period afforded other development. Suggest 1 year be substituted, with a provision to extend if fiber or power delays the build. 34 of 110 the street, the anticipated hazards from traffic to be encountered at the proposed Location, and any wind, snow, ice, or other conditions that may be reasonably anticipated at the proposed Location; 2. a determination by the Department that, based upon reasonable engineering judgment, a proposed Small Cell Facility is of excessive size or weight or would otherwise subject a Pole to an unacceptable level of stress; 3. a determination by the Department that, based upon reasonable engineering judgment, a proposed Small Cell Facility would cause undue harm to the reliability or integrity of the City’s electric infrastructure or would likely violate generally applicable electrical or engineering principles; 4. a determination by the Department that a proposed Small Cell Facility presents an unreasonable safety hazard as specifically and reasonably identified by the Department; 5. a determination by the Department that a proposed Small Cell Facility impairs the City’s ability to operate or maintain the Public Right-of-Way; or 6. a determination by the Department that a proposed Small Cell Facility cannot be placed due to insufficient capacity or if such placement is in violation of the National Electric Safety Code or other Applicable Law, and the City infrastructure cannot be reasonably modified or enlarged at the expense of the Applicant. C. Authorized Use: An approval of a Small Cell Facility Permit under this Section authorizes the attachment and operation of a Small Cell Facility to provide Personal Wireless Services and shall not be construed to confer authorization to: 1. provide any service other than Personal Wireless Services; or 2. install, place, maintain, or operate a Wireline Backhaul Facility in the Public Right-of-Way. D. Unauthorized Use Prohibited: No Person shall construct, install, or maintain a Small Cell Facility in the Public Right-of-Way without obtaining a Small Cell Facility Permit from the Department prior to commencing construction, installation, or maintenance of the Small Cell Facility. 1. If an unauthorized Small Cell Facility is discovered in the Public Right-of-Way, the Department shall provide written notice to the owner of the unauthorized Small Cell Facility within three (3) days of discovery of the unauthorized Small Cell Facility. If an owner of an unauthorized Small Cell Facility cannot be reasonably identified, the Department need not provide any written notice. 2. The Department may remove the unauthorized Small Cell Facility without incurring liability to the owner of the Small Cell Facility and at the owner’s sole expense provided, however, that if written notice must be provided to the owner of the Small Cell Facility pursuant to 12.40.070(D)(1), an unauthorized Small Cell Facility may be removed no sooner than three (3) days after providing written notice of the Department’s discovery of the unauthorized Small Cell Facility to the owner. 35 of 110 E. Placement: In approving a Small Cell Facility Permit, the Department shall not require the placement of a Small Cell Facility on any Pole other than the Pole proposed in the Small Cell Facility Permit Application. 1. The Department shall not limit the placement of Small Cell Facilities, either by minimum separation distances between Small Cell Facilities or maximum height limitations, except that each Pole installed in the Public Right-of-Way shall comply with any height requirements of this Chapter for new or replacement Poles in the Public Right-of-Way, subject to local zoning regulations, and may be subject to separation requirements in relation to other Poles. 2. Notwithstanding the preceding paragraph, a Replacement Pole that replaces an existing Pole that is higher than fifty (50) feet above ground level may be placed at the height of the existing Pole, unless the Department agrees to a greater height, subject to local zoning regulations. F. BondDeposit Required: Each ApplicantPermittee, prior to the issuance of the Small Cell Facility Permit, shall submit and maintain with the Department a performance and maintenance bond, cash deposit or other security in favor of the “Department of Public Works, City of Port Orchard” in a form acceptable to the Department to secureing the faithful performance of the obligations of the Permittee and its agents under any and all Small Cell Facility Permits issued to the Permittee under this Chapter. Applicants may provide a bond using one of two methods: (i) submit a one-time performance and maintenance bond in the amount of fifty thousand dollars ($50,000), which will serve as a one hundred percent (100%) performance and payment bond until the completion of the work to be performed pursuant to a single Small Cell Facility Permit, and which will then serve as a twenty percent (20%) two (2) year maintenance bond after the completion of the workThis deposit shall be in the sum of [INSERT AMOUNT] in favor of the “Department of Public Works, City of Port Orchard.”; or (ii) submit a revolving performance and maintenance bond in the amount of one hundred thousand dollars ($100,000) to cover the work to be performed pursuant to multiple Small Cell Facility Permits. The revolving bond will cover all work projects being performed by the Permittee in the City at any given time, and will serve as a one hundred percent (100%) performance and payment bond until the completion of the work for each Small Cell Facility Permit project, and which will then serve as a twenty percent (20%) two (2) year maintenance bond after the completion of the work for each Small Cell Facility Permit project. If, in accordance with this Chapter, the Department deducts any amounts from such a one-time performance and maintenance bonddeposit, the Permittee must restore the full amount of the bonddeposit prior to the Department’s issuance of a subsequent Small Cell Facility Permit. For a revolving bond, at the start of each Small Cell Facility Permit project, the city will inform the Permittee in writing of the status of its bond, to include the amount of the outstanding bonding capacity, the amount of the bond needed for the new project, and the following information for the new project and each currently ongoing project: (a) the issuance date of the Small Cell Facility Permit for the project; (b) the amount of the performance and payment bond; (c) the date of the release of the performance and payment bond; (d) the amount of the maintenance bond; and (e) the date of the release of the maintenance bond. In the event the value of the Permittee’s Small Cell Facility Permit projects exceeds the amount of one hundred thousand dollars ($100,000), the Permittee shall obtain additional bonding capacity to cover any such excess amounts in their entirety. The Permittee may be required to obtain additional bonds, such as generally applicable construction bonds, in 36 of 110 accordance with the city’s ordinary practices.The Department shall return the deposit to the Permittee should the Permittee cease to operate any Small Cell Facilities in the Public Right-of-Way. G. Attachment Agreement: The Department shall, as condition of issuance of a Small Cell Facility Permit, require a Permittee to enter into an agreement between the Permittee and the City to attach a Small Cell Facility on any public property. H. Written Notice Required: In approving a Small Cell Facility Permit Application, the Department shall provide written notice to the Applicant of its approval and any conditions thereof. A Small Cell Facility Permit shall not be issued prior to the complete payment of all permit fees. Once a written notice of approval is provided, the applicant shall have 180 days to pick up and sign the approved permit. Permits not picked up and signed for within 180 days shall be deemed abandoned and no longer valid. 12.40.080 Denial or Revocation of a Small Cell Facility Permit: A. Permit Denial: The Department may deny any Small Cell Facility Permit or Modification Permit if the Applicant does not comply with all provisions of this Chapter to the extent consistent with law, or if the Department determines that the denial is necessary to protect the health, safety, and welfare, or when necessary to protect the Public Right-of-Way and its current use. B. Permit Revocation: The Department may revoke a Small Cell Facility Permit or Modification Permit, with or without refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule, or regulation, or any material condition of the Small Cell Facility Permit or Modification Permit. A substantial breach includes, but is not limited to, the following: 1. a material violation of a provision of a Small Cell Facility Permit or a Modification Permit, including, but not limited to, any conditions upon which the Small Cell Facility Permit or Modification Permit was issued; 2. an evasion or attempt to evade any material provision of a Small Cell Facility Permit, or a Modification Permit; or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; 3. a material misrepresentation of fact in a Small Cell Facility Permit Application or Modification Permit Application; 4. a failure to complete installation, construction, or maintenance of a Small Cell Facility or Pole in a timely manner, unless the failure is due to reasons beyond the Permittee’s control; or 5. a failure to correct, in a timely manner, installation, construction, or maintenance of a Small Cell Facility that does not conform to applicable standards, conditions, or codes, upon inspection and notification by the Department of the faulty condition. B. Prohibited Revocation: The Department shall not unreasonably withhold approval of or unreasonably revoke a Small Cell Facility Permit or Modification Permit. 37 of 110 C. Written Notice Required: Any denial or revocation of a Small Cell Facility Permit or a Modification Permit shall be made in writing and shall document the basis for the denial. The Department shall notify the Applicant or Permittee in writing within three (3) days of a decision to deny or revoke a Small Cell Facility Permit or a Modification Permit. If a Small Cell Facility Permit is denied, the Applicant may cure any deficiencies identified by the Department and resubmit the Small Cell Facility Permit Application. If the Applicant resubmits the application within thirty (30) days of receiving written notice of the denial, it shall not be charged an additional filing or processing fee. 12.40.090 Term and Renewal of a Small Cell Facility Permit A. Term: A Small Cell Facility Permit shall have a term of ten (10) years commencing on the date a Small Cell Facility Permit is issued. B. Renewal Permitted: A Permittee seeking to renew a Small Cell Facility Permit may, not later than six (6) months prior to the expiration of the Small Cell Facility Permit, file an application for renewal with the Department. To be eligible for renewal, Permittee must be in compliance with its Permit and this Chapter. A Permittee may submit a Consolidated Application for the renewal of multiple Small Cell Facility Permits. 12.40.100 Small Cell Facility Modification Permit A. Modification Permit Required: A Permittee seeking to modify or replace a Small Cell Facility such that the resulting Small Cell Facility will not be substantially similar to or will be larger in size, weight, height, or wind or structural loading than the existing Small Cell Facility must obtain a Modification Permit prior to the commencement of any construction or installation causing an existing Small Cell Facility to be modified or replaced as such. B. Authorized Uses: An approval of a Modification Permit Application under this Section authorizes the modification or replacement of a Small Cell Facility consistent with the requirements in this Section. C. Department Rules: The Department shall review the Modification Permit Application consistent with the review process described by this Chapter except that the Department shall issue or deny a Modification Permit pursuant to a Modification Permit Application within sixty (60) days after receiving the Modification Permit Application. The Department may establish written rules or standards that establish a shorter review period of a Modification Permit Application that is consistent with the requirements of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. § 1455(a), as may be amended from time to time, and with any FCC decision addressing that section or any FCC regulation implementing that section. 12.40.110 Construction, Installation, and Maintenance a Small Cell Facility A. Compliance with Applicable Law: To the extent this requirement is not preempted or otherwise legally unenforceable, a Permittee shall comply with all Applicable Law and applicable industry standards. B. Prevent Interference: A Permittee shall construct, install, maintain, and continuously operate an approved Small Cell Facility to prevent interference with the other facilities in the Public Right-of- Way and the operation thereof. With appropriate permissions from the Department, a Permittee Commented [KA11]: Other cities in the region are using citywide franchise/ROW use agreements, approved by Council, to manage the ROW, pursuant to RCW 35.99. Administering renewal processes individual permits for multiple small cell facilities, all expiring at different times creates an administrative burden on the city and the carrier. Suggest replacing with a 10 year franchise agreement. 38 of 110 shall, as is necessary for the safe and reliable operation, use, and maintenance of the Permittee’s Small Cell Facility, maintain trees as prescribed by the standards promulgated by the Department. C. Other Rights Not Affected: A Permittee shall not construe a contract, permit, correspondence, or other communication as affecting a right, privilege, or duty previously conferred or imposed by the Department to or on another Person. D. Restoration: A Permittee, after any excavation of the Public Right-of-Way, shall provide for restoration of the affected Public Right-of-Way and surrounding areas, including the pavement and its foundation, to the same condition that existed before the excavation. If a Permittee fails to adequately restore the Public Right-of-Way within a specified date, the Department may: 1. itself restore the Public Right-of-Way and recover from the Permittee the reasonable costs of the surface restoration; or 2. recover from the Permittee a degradation fee associated with a decrease in the useful life of the Public Right-of-Way caused by the excavation. A Permittee that disturbs uncultivated sod in the excavation or obstruction of the Public Right-of- Way shall plant grasses that are native to Washington and, wherever practicable, that are of the local eco-type, as part of the restoration required under this Section, unless the owner of the real property over which the Public Right-of-Way traverses objects. In restoring the Public Right-of-Way, the Permittee shall consult with the Department of Natural Resources regarding the species of native grasses that conform to the requirements of this paragraph. E. Permittee’s Liability: A Permittee is solely responsible for the risk and expense of construction, installation, and maintenance of the Permittee’s Small Cell Facility. The City neither warrants nor represents that any area within the City’s Public Right-of-Way is suitable placement of any Wireless Facilities. A Permittee shall accept the City’s Public Right-of-Way “as is” and “where is” and assumes all risks related to any use. The City is not liable for damage to Wireless Facilities due to an event of damage to a Pole or Public Right-of-Way. F. Notice Required: A Permittee upon or within fourteen (14) calendar days after transfer, assignment, conveyance, or sublet of an attachment that changes the permit and/or billing entity or ownership responsibilities shall provide written notification to the Department. 12.40.120 Inspection of a Small Cell Facility A. Inspection Permitted: The Department may inspect, at any time, the construction or installation of a Permittee’s Small Cell Facilities. The Department shall determine during an inspection whether: 1. all construction or inspection activities are in accordance with the requirements of the Permittee’s Small Cell Facility Permit and other Applicable Law; and 2. the permitted Small Cell Facility is in accordance with the requirements of the Permittee’s Small Cell Facility Permit and other Applicable Law. B. Suspension of Activities: During an inspection, if the Department determines that a Permittee has violated this Section, the Department may suspend the Permittee’s construction or installation activities. The Department shall provide written notice of any suspension to a Permittee within 39 of 110 three (3) days of discovering the Permittee’s alleged violation. A suspension under this Paragraph is effective until a Permittee corrects the alleged violation, at the Permittee’s sole expense. A Permittee may appeal any suspension under this paragraph to the Department. 12.40.130 Abandonment of an Authorized Small Cell Facility A. Maintenance Required: Any Small Cell Facility constructed or installed in the Public Right-of-Way pursuant to a Small Cell Facility Permit issued under this Chapter must be properly maintained and used to provide Personal Wireless Services. B. Abandoned Small Cell Facilities: Where either a Small Cell Facility is not properly maintained or is no longer being used to provide Personal Wireless Services, the Department may designate the Small Cell Facility as abandoned. The Department shall provide written notice to a Permittee within ten (10) days of the Permittee’s Small Cell Facility being designated as abandoned. 12.40.140 Removal of an Authorized Small Cell Facility A. Removal Permitted: The Department may remove or require a Permittee to remove any authorized Small Cell Facilities if: 1. the term of a Small Cell Facility Permit expires; 2. the Small Cell Facility is designated as abandoned; or 3. a Small Cell Facility Permit or Modification Permit is revoked under this Chapter. B. Permittee Notice: The Department shall provide written notice to the Permittee at least thirty (30)ninety (90) days prior to removing or requiring a Permittee to remove an authorized Small Cell Facility. 12.40.150 Appeals An Applicant may appeal a Department decision to deny or suspend a Small Cell Facility Permit Application, a Consolidated Application, a Modification Permit Application, the revocation of a Small Cell Facility Permit or Modification Permit, or impose fees the Applicant does not believe are in conformance with this Chapter, to the Director, who shall submit the Appeal to The Hearing Examiner. Upon such appeal, the Hearing Examiner shall determine the hearing process and whether the denial was correct under the provisions of this Chapter. 12.40.160 Insurance A. Minimum Coverage: The Department shall require that each Permittee maintain in full force and effect, throughout the term of a Small Cell Facility Permit, an insurance policy or policies issued by an insurance company or companies satisfactory to the City's Risk Manager. Such policy or policies shall, at a minimum, afford insurance covering all of the Permittee's operations, vehicles, and employees, as follows: 40 of 110 1. workers' compensation, in statutory amounts, with employers' liability limits not less than one million dollars ($1,000,000) each accident, injury, or illness; 2. commercial general liability insurance with limits not less than onefive million dollars ($51,000,000) each occurrence combined single limit for bodily injury and property damage, including contractual liability, personal injury, products and completed operations; 3. commercial automobile liability insurance with limits not less than one million dollars ($1,000,000) each occurrence combined single limit for bodily injury and property damage, including owned, non-owned and hired auto coverage, as applicable; and 4. contractors' pollution or environmental liability insurance, on an occurrence form, with limits not less than one million dollars ($1,000,000) each occurrence combined single limit for bodily injury and property damage and any deductible not to exceed twenty-five thousand dollars ($25,000) each occurrence. B. Other Insurance Requirements: 1. Said policy or policies shall include the City and its officers and employees jointly and severally as additional insureds, shall apply as primary insurance, shall stipulate that no other insurance effected by the City will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests. 2. Said policy or policies shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period. 3. Said policy or policies shall be endorsed to provide thirty (30) calendar days advance written notice of cancellation or any material change to the Department. 4. Should any of the required insurance be provided under a claims-made form, a Permittee shall maintain such coverage continuously throughout the term of a Small Cell Facility Permit, and, without lapse, for a period of three (3) years beyond the expiration or termination of the Small Cell Facility Permit, to the effect that, should occurrences during the term of the Small Cell Facility Permit give rise to claims made after expiration or termination of the Small Cell Facility Permit, such claims shall be covered by such claims-made policies. 5. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified herein. C. Indemnity Obligation: Such insurance shall in no way relieve or decrease a Permittee’s or its agent’s obligation to indemnify the City pursuant to this Chapter. D. Proof of Insurance: Before the Department will issue a Small Cell Facility Permit, an Applicant shall furnish to the Department certificates of insurance and additional insured policy endorsements with Commented [SC12]: This requirement is being retained to address the potential damage that may be caused by radio frequency radiation (RFR) and electromagnetic field (EMF) emissions. The City may still consider removing this insurance requirement, and in case it does so, additional revisions have been made to Section 12.40.170, below, to clarify the protections to the City with regard to potential pollution/environmental issues. Commented [KA13]: There are no pollutants emitted from a small cell facility and there is no water use. Request that this be deleted. 41 of 110 insurers that are authorized to do business in the State of Washington and that are satisfactory to the Department evidencing all coverages set forth herein. Upon approval by the Director and based on conditions set by the City, the Permittee may self-insure under the same terms as required by this section. 12.40.170 Indemnification and Defense of City A. Indemnification of City: As a condition of a Small Cell Facility Permit or Modification Permit, each Permittee agrees on its behalf and on behalf of its agents, successors, or assigns, to indemnify, defend, protect, and hold harmless the City from and against any and all claims of any kind arising against the City as a result of the issuance of a Small Cell Facility Permit or Modification Permit including, but not limited to, a claim allegedly arising directly or indirectly from the following: 1. any act, omission, or negligence of a Permittee or its any agents, successors, or assigns while engaged in the permitting, construction, installation, or maintenance of any Small Cell Facility authorized by a Small Cell Facility Permit or Modification Permit, or while in or about the Public Right-of-Way that are subject to the Small Cell Facility Permit or Modification Permit for any reason connected in any way whatsoever with the performance of the work authorized by the Small Cell Facility Permit or Modification Permit, or allegedly resulting directly or indirectly from the permitting, construction, installation, or maintenance of any Small Cell Facility authorized under the Small Cell Facility Permit or Modification Permit; 2. any accident, damage, death, or injury to any of a Permittee's contractors or subcontractors, or any officers, agents, or employees of either of them, while engaged in the performance of the construction, installation, or maintenance of any Small Cell Facility authorized by a Small Cell Facility Permit or Modification Permit, or while in or about the Public Right-of-Way that are subject to the Small Cell Facility Permit or Modification Permit, for any reason connected with the performance of the work authorized by the Small Cell Facility Permit or Modification Permit, including from exposure to radio frequency radiation and/or electromagnetic field emissions or other pollutant or other environmental impact of the Small Cell Facility; 3. any accident, damage, death, or injury to any Person or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the construction, installation, or maintenance of any Small Cell Facility authorized by a Small Cell Facility Permit or Modification Permit, or while in or about the Public Right-of-Way that are subject to the Small Cell Facility Permit or Modification Permit, from any causes or claims arising at any time, including any causes or claims arising from exposure to radio frequency radiation and/or electromagnetic field emissions or other pollutant or environmental impact of the Small Cell Facility; and 4. any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by a Permittee or its agents about, in, on, or under the Public Right-of-Way. B. Defense of City: Each Permittee agrees that, upon the request of the Department, the Permittee, at no cost or expense to the City, shall indemnify, defend, and hold harmless the City against any claims as set forth in Subsection 12.40.180(A) (Indemnification of City) above, regardless of the 42 of 110 alleged negligence of the City or any other party, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to the Permittee or its agent by the City and continues at all times thereafter. Each Permittee further agrees that the City shall have a cause of action for indemnity against the Permittee for any costs the City may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a Small Cell Facility Permit, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee further agrees that the indemnification obligations assumed under a Small Cell Facility Permit shall survive its expiration or completion of installation of any Small Cell Facility authorized by the Small Cell Facility Permit. C. Additional Requirements: The Department may specify in a Small Cell Facility Permit such additional indemnification requirements as are necessary to protect the City from risks of liability associated with the Permittee's construction, installation, and maintenance of a Small Cell Facility. 12.40.180 Fees and Costs A. Application Fees: The Department shall charge an Application Fee for the review of a Small Cell Facility Permit Application, an application for renewal of a Small Cell Facility Permit, a Consolidated Application, and a Modification Permit Application. The purpose of these fees is to enable the Department to recover its costs related to reviewing the application. These Application Fees shall be listed in the City’s Fee Schedule. B. Inspection Fees: The Department shall charge fees for the inspection of a permitted Small Cell Facility. The purpose of these fees is to enable the Department to recover their costs related to inspecting a permitted Small Cell Facility or Pole. The Inspection Fee shall be listed in the City’s Fee Schedule. C. Discretion to Require Additional Fees: In instances where the review of an Application is or will be unusually costly to the Department, the Director, in his or her discretion, may, after consulting with other applicable City departments, agencies, boards, or commissions, require an Applicant to pay a sum in excess of the other fee amounts charged pursuant to this Section. This additional sum shall be sufficient to recover actual costs incurred by the Department and/or other City departments, agencies, boards, or commissions, in connection with an Application and shall be charged on a time and materials basis. Whenever additional fees are charged, the Director, upon request, shall provide in writing the basis for the additional fees and an estimate of the additional fees. D. Reimbursement of City Costs: The Department may determine that it requires the services of an expert in order to evaluate an Application. In such case, the Department shall not approve any Application unless the Applicant agrees to reimburse the Department for the reasonable costs incurred for the services of a technical expert. 12.40.190 Severability If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent 43 of 110 jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof. 12.40.200 Federal Regulatory Requirements: A. These provisions shall be interpreted and applied in order to comply with the provisions of federal law. By way of illustration and not limitation, any Small Cell Facility which has been certified as compliant with all FCC and other government regulations regarding the human exposure to radio frequency emissions will not be denied on the basis of radio frequency (RF) radiation concerns. B. Small Cell Facilities shall be subject to the requirements of this code to the extent that such requirements: 1. do not unreasonably discriminate among providers of functionally equivalent services; and 2. do not have the effect of prohibiting Personal Wireless Services within the City. C. Small Cell Facilities installed pursuant to a Small Cell Facilities Permit or Modification Permit may not be expanded pursuant to an “eligible facilities request,” as that term is defined in federal law. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force on July 2, 2018. PASSED by the City Council of the City of Port Orchard this 22nd day of May, 2018. Robert Putaansuu, Mayor AUTHENTICATED: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: 44 of 110 ____________________________________ City Attorney, Sharon Cates PUBLISHED: EFFECTIVE DATE: 45 of 110 46 of 110 Examples of acceptable installations 47 of 110 Examples of acceptable installations 48 of 110 Examples of unacceptable installations 49 of 110 Examples of unacceptable installations Examples of unacceptable installations 50 of 110 City of Port Orchard Work Study Session Executive Summary Issue Title: Zoning Code Update Meeting Date: September 18, 2018 Time Required: 15 Minutes Attendees: Nick Bond, Community Development Director Background/Issue: The Community Development Department is currently preparing a major update to the City’s Zoning Code to correspond with the City’s current Comprehensive Plan and Unified Development Code including recently-adopted architectural and site design standards. The public participation program, which was approved by City Council in May 2018, anticipates that the Zoning Code update will be completed in fall 2018. The following draft chapters were provided to the City Council at the June and July work-study meetings: 20.30 Introduction 20.31 Zoning Map 20.32 Building Types 20.33 Greenbelt Districts 20.34 Residential Districts 20.35 Commercial Districts 20.36 Industrial Districts 20.37 Civic and Open Space Districts 20.38 Overlay Districts 20.39 Article 1 – Use Provisions and Article 2 – Use Table 20.128 Landscaping 20.129 Significant Trees The Planning Commission reviewed the following draft items at their September 4 meeting: 20.54 Nonconformities 20.31 Zoning Map (updated) The draft Parking chapter (20.124) has been sent to the Planning Commission for early review and will be discussed at their September meeting. The draft Transfer of Development Rights Program (TDR) Action Requested at this Meeting: No action requested. Staff has provided this update to keep the Council informed about progress on the Zoning Code revisions and the status of Planning Commission review. 51 of 110 chapter (20.41) and the revised, complete draft Use Provisions chapter (20.39) will be also discussed at the September meeting. Alternatives: N/A Relationship to Comprehensive Plan: Per RCW 36.70A.040(3), the City is required to adopt development regulations, including zoning requirements, that are consistent with and implement the City’s Comprehensive Plan. Recommendations: Staff recommends that the Zoning Code update proceed according to the work plan and timeline established in the approved public participation program. Attachments: Zoning Code Update Draft Chapters (20.39, 20.41, 20.54, 20.124), updated draft Zoning Map 52 of 110 Chapter 20.39 USE PROVISIONS Sections: 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 Residential Uses. 20.39.100 Household Living 20.39.110 Group Living 20.39.120 Social Services Public and Civic Uses. 20.39.200 Civic Uses 20.39.210 Parks and Open Space 20.39.220 Utilities 20.39.230 Wireless Telecommunication Facilities Commercial Uses. 20.39.300 Child Care Facilities 20.39.305 Indoor Recreation 20.39.310 Commercial Entertainment 20.39.315 Medical Uses 20.39.320 Home Occupations 20.39.325 Office Uses 20.39.330 Outdoor Recreation 20.39.335 Overnight Lodging 20.39.340 Parking 20.39.345 Personal Services 20.39.350 Animal Care (Indoor) 20.39.355 Animal Care (Outdoor) 20.39.360 Restaurant 20.39.365 Retail Sales 20.39.370 Business Services 20.39.375 Marina 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 53 of 110 20.39.460 Waste-Related Services Agricultural Uses. 20.39.500 Agriculture Accessory Uses. 20.39.600 Accessory Dwelling Unit 20.39.605 Drive-Thru 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 Cooperative 20.39.655 Temporary Portable Storage Containers 20.39.660 Temporary On-Site Rock Crushing 20.39.665 Temporary Structures as Living Quarters Use Classifications and Table. 20.39.010 Use Classification (a) Classification of Uses (1) Organization of Use Tables. The use table in Article II of Chapter 20.39 is organized into principal uses, accessory uses, and temporary uses. (2) Principal Uses. i. In order to regulate a variety of similar uses, use categories have been established for principal uses. Use categories provide a systematic basis for assigning uses to appropriate categories with other, similar uses. Use categories classify principal uses and activities based on common functional, product, or physical characteristics. ii. Where a use category contains a list of included uses, the list is to be considered example uses, and not all-inclusive. The Director has the responsibility for categorizing all uses. iii. The allowed use tables in POMC 20.39 Article II establishes permitted uses by district. No building or lot may be used except for a purpose permitted in the district in which it is located. iv. Use Definitions and standards for permitted principal uses are specified in POMC 20.39 Articles III through VII. (3) Accessory Uses. i. An accessory use is any use that is subordinate in both purpose and size, incidental to and customarily associated with a permitted principal use located on the same lot. ii. The allowed use tables in POMC 20.39 Article II establishes permitted accessory uses by district. Standards for allowed accessory uses are specified in POMC 20.39 Article VIII. (4) Temporary Uses. i. A temporary use is a use that is in place for a limited period of time only. Temporary uses are specified in POMC 20.39 Article IX. (5) Principal Uses Not Listed. 54 of 110 i. A principal use not specifically listed is prohibited unless the director determines the use to be part of the use category as described below. ii. The Director is responsible for categorizing all principal uses. If a proposed use is not listed in a use category, but is similar to a listed use, the Director may consider the proposed use as part of that category. When determining whether a proposed use is similar to a listed use, the Director must consider the criteria in POMC 20.39.010 (a) (6). Determinations whether a proposed principal use is a similar use may be made using the process found in POMC 20.10. The Director shall determine whether a code interpretation for a proposed principal use shall require a code interpretation pursuant to POMC 20.10. iii. Where a principal use not listed is found by the Director not to be similar to any other use category, the use is only permitted following a code amendment (see POMC 20.06). (6) Criteria for determining whether a proposed use is a similar use: i. The actual or projected characteristics of the proposed use; ii. The relative amount of site area or floor area and equipment devoted to the proposed use; iii. Relative amounts of sales; iv. Relative number of employees; v. Hours of operation; vi. Building and site arrangement; vii. Types of vehicles used and their parking requirements; viii. The number of vehicle trips generated; ix. How the proposed use is advertised; x. The likely impact on surrounding properties; and xi. Whether the activity is likely to be found independent of the other activities on the site; (7) Accessory Uses Not Listed. i. An accessory use not listed is prohibited unless the Director determines that the accessory use meets the criteria listed in POMC 20.39.010 (a) (8). ii. Determinations whether a proposed accessory use is a similar use may be made using the process found in POMC 20.10. The Director shall determine whether a code interpretation for a proposed accessory use shall require a code interpretation pursuant to POMC 20.10. iii. Where a principal use not listed is found by the Director not to be similar to any other use category, the use is only permitted following a code amendment (see POMC 20.06). (8) Criteria for determining whether a proposed accessory use may be permitted. The Accessory use may be permitted when the Director determines the proposed accessory use: i. Is clearly incidental to and customarily found in connection with an allowed principal use; ii. Is subordinate to an serving an allowed principal use; iii. Is subordinate in area, extent, and purpose to the principal use served; iv. Contributes to the comfort, convenience or needs of the occupants, business or industry in the principal use served; and v. Is located on the same lot as the principal use served. (b) Use Table Key. (1) Permitted Use (P). Indicates a use is permitted in the respective district. The use is also subject to all other requirements of this code. (2) Conditional Use (C). Indicates that the use may be permitted in the respective district only after issuance of a Conditional Use Permit in accordance with POMC 20.50. Conditional uses are subject to all other applicable requirements of the code, including applicable use standards, except whether the use standards are specifically modified are part of the approval process. (3) Use Not Permitted (--). Indicates that a use is not permitted in the respective district. 55 of 110 20.39.020 Establishment of uses. The use of a property is defined by the activity for which the building or lot is intended, designed, occupied, or maintained. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a temporary use, and subject to the requirements of this title. All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area. 20.39.030 Use table key. Permitted Use (P) Indicates a use is permitted in the respective zoning district. The use is also subject to all other applicable requirements of this code. Conditional Use (C) Indicates a use may be permitted in the respective zoning district only after a conditional use permit has been issued per Chapter 20.50. Conditional uses are subject to all other applicable requirements of this Title, including any applicable use standards, except where the use standards are expressly modified in the conditional use permit. Use Not Permitted (--) Indicates that a use is not permitted in the respective zoning district. 56 of 110 20.39.040 Use table. (Gray shading separates categories into Residential, Commercial & Industrial, & Civic/Parks) Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/ Standards Residential Uses All household living, as listed below: Single-family detached (including new manufactured homes) P P P -- -- P P P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.600-615 Designated Manufactured Home, Manufactured or Mobile Home (except for new designated manufactured homes) -- - P -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 20.39.600-615 New Designated Manufactured Home P P P -- -- P P P P -- -- -- P -- -- -- -- -- -- -- -- Two-family -- P P -- -- P -- P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.600-615 Single-family attached (2 units) -- P P -- -- P -- P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.600-615 Single-family attached (3 or 4 units) -- P P P P P -- P P P P P P P -- P -- -- -- -- -- 20.39.600-615 Single-family attached (5 or 6 units) -- -- P P P P -- P P P P P P P -- P -- -- -- -- -- 20.39.600-615 Multi-family (3 or 4 units) -- -- P P P -- -- P P P P P P P -- P -- -- -- -- -- 20.39.600-615 Multi-family (5 or more units) -- -- P P P -- -- P P P P P P P -- P -- -- -- -- -- 20.39.600-615 Manufactured or Mobile Home Park -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 20.39.600-615 Boarding House -- -- -- C C -- -- -- C -- -- P C -- -- -- -- -- Congregate Living Facilities -- -- C C C -- -- -- C -- -- P C -- -- -- -- -- Lodging House -- -- C C C -- -- -- C -- -- P C -- -- -- -- -- Group home (up to 8 residents), except as follows: P P P P P P P P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.600-615 Adult Family Home P P P -- -- P P P P -- -- -- P -- -- -- -- -- All group living (9 or more residents) -- -- -- C C -- -- P C P C -- P P -- -- -- -- -- -- -- 20.39.610 All social service -- -- -- -- -- -- -- -- -- -- -- -- P P P P P -- -- -- 20.39.615 Public Uses All civic uses, as listed below: 57 of 110 Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/ Standards Community college, university, trade or technical school (8,000 square feet or less). -- -- -- -- -- -- -- -- -- -- -- -- P P P P P -- -- -- -- 20.39.405 Community college, university, trade or technical school (more than 8,000 square feet). -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C C -- C -- C 20.39.405 Club or lodge -- -- -- -- -- -- -- -- -- P -- P P P -- -- -- -- P -- -- 20.39.405 Public use -- -- -- -- -- -- -- -- P P P P P P P P P P P P P 20.39.405 Museum, library -- -- -- -- -- -- -- -- -- P P P P P -- -- -- -- -- -- P 20.39.405 Place of worship C C C C C -- -- -- -- P -- P P P -- -- -- -- P -- -- 20.39.405 School (K-12) -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C -- -- 20.39.405 Jail or Detention Center -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C C -- C 20.39.405 All open space and park uses, as listed below: Cemetery C -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P -- -- 20.39.410 Golf course C C C -- -- C -- -- -- -- -- -- -- C -- -- -- -- -- P P 20.39.410 Park, recreation field -- -- -- -- -- -- -- -- -- -- -- -- -- --- -- -- -- -- -- P P 20.39.410 All utilities, as listed below: Minor utilities P P P P P P P P P P P P P P P P P P P P P 20.39.415 Major utilities -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P P -- P 20.39.415 Wireless telecommunication facility, as listed below Amateur radio operator Tower P P P -- -- -- P -- -- -- -- -- -- -- -- -- -- -- -- -- -- 20.39.420 Wireless telecommunication tower C C C C C C -- C C C C C C P P P P P P -- -- 20.39.420 Building- mounted wireless telecommunication facility -- -- -- -- -- -- -- -- -- P P P P P P P P P P -- -- 20.39.420 Small cell wireless facility C C C C C C -- C C C C C C C P P P P P C P 20.39.420 Commercial Uses All day care, as listed below: 58 of 110 Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/ Standards Family day care (6 children or fewer) P P P -- -- P P -- -- -- -- -- P -- -- -- -- -- -- -- -- 20.39.505 Group day care (7 to 12) C C C -- -- C C C P P -- P P P -- -- -- -- -- -- -- 20.39.505 Day care center (13 or more) -- -- -- -- -- -- -- C C C -- P C P P -- -- -- -- -- -- 20.39.505 All indoor recreation, except as listed below: -- -- -- -- -- -- -- -- C P C P -- P P -- -- -- -- C -- Shooting range -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C -- -- C 20.39.510 Special event facility -- -- -- -- -- -- -- -- -- C C C C C C C C -- C C C 20.39.510 Commercial Entertainment, except as follows: -- -- -- -- -- -- -- -- -- P P P P P P P -- -- -- -- -- Adult Entertainment -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C -- -- -- 20.39.515 All outdoor recreation, except as listed below: -- -- -- -- -- -- -- -- C C- C P -- P P -- -- -- -- C C Campground, travel trailer park, RV park (does not include mobile home park) -- -- -- -- -- -- -- -- -- -- -- -- -- C C -- -- -- -- C C 20.39.530 Horse stable, riding academy, equestrian center -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C 20.39.530 Shooting range -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C 20.39.530 Marina (upland areas) -- -- -- -- -- -- -- -- -- -- C C -- C C C C C C C C 20.39.575 All overnight lodging, as listed below: Level 1: Vacation rentals or similar short- term house/room rentals P P P P P P P P P P P P P -- -- -- --- -- -- -- -- 20.39.535 Level 2: Bed and breakfast (up to 6 rooms) C C C -- -- C C -- P -- -- -- P -- -- -- -- -- -- -- -- 20.39.535 Level 3: Hostel -- -- -- -- -- -- -- -- -- -- P P -- -- -- -- -- -- -- -- -- 20.39.535 Level 4: Motel -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- -- -- -- -- -- 20.39.535 Level 5: Hotel P P P -- P P 20.39.535 All medical, except as listed below: -- -- -- -- -- -- -- -- C C P P P P P -- -- -- -- P Hospital -- -- -- -- -- -- -- -- -- -- -- -- C C C C -- -- -- -- C 20.39.520 All office, except as listed below: -- -- -- -- -- -- -- C C P P P P P P P -- -- -- -- -- 59 of 110 Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/ Standards Bail bonds -- -- -- -- -- -- -- -- -- C C C C P P -- -- -- -- -- -- 20.39.525 Surface parking: commercial parking, commuter lease parking or park and ride, remote parking -- -- -- -- -- -- -- -- -- C C P P P P P P -- P -- C 20.39.540 Commercial parking garage – standalone -- -- -- -- -- -- -- -- -- C C C C P P P -- -- -- -- C 20.39.540 All personal service, except as listed below: -- -- -- -- -- -- -- C C P C P P P P C -- -- -- -- -- Funeral home -- -- -- -- -- -- -- -- -- P -- P P P P -- -- -- -- -- -- 20.39.545 Crematorium -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P P P -- -- 20.39.545 Indoor animal care -- -- -- -- -- -- -- -- C P -- P -- P P P -- -- -- -- -- 20.39.550 Outdoor animal care -- -- -- -- -- -- -- -- -- -- -- -- -- C C C C -- -- -- -- 20.39.555 Animal shelter or adoption center -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C C C C -- -- 20.39.550-555 Business services -- -- -- -- -- -- -- C P P P P P P P P -- -- C -- -- 20.39.570 All restaurants except as listed below: -- -- -- -- -- -- -- P P P P P P P P -- -- -- -- -- -- Food truck -- -- -- -- -- -- -- P P P P P P P P P -- -- P -- -- 20.39.562 All retail sales, as listed below: Retail establishment (up to 5,000 gross floor area) -- -- -- -- -- -- -- P P P P P P P P P -- -- P -- -- 20.39.565 Retail establishment (5,001 - 15,000 gross floor area) -- -- -- -- -- -- -- -- -- P P P -- P P P -- -- -- -- -- 20.39.565 Retail establishment (15,001 - 50,000 gross floor area) -- -- -- -- -- -- -- -- -- -- -- P -- P P P -- -- -- -- -- 20.39.565 Retail establishment over (50,000 gross floor area) -- -- -- -- -- -- -- -- -- -- -- -- -- C P P -- -- -- -- -- 20.39.565 Fireworks sales in accordance with POMC 5.60. -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- -- -- -- -- Recreational marijuana sales -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- P -- 20.64 Convenience store with fuel pumps -- -- -- -- -- -- -- -- -- -- -- -- -- -- P -- -- -- -- -- -- 20.39.565 Convenience store without fuel pumps -- -- -- -- -- -- -- -- C C C -- -- P P P -- -- -- -- -- 20.39.565 60 of 110 Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/ Standards Fuel pumps and sales without convenience store -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P -- -- -- -- All vehicle and tool/construction equipment sales and rental, as listed below: -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- -- -- Light vehicle and light tool or construction equipment sales and rental -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- -- -- 20.39.565 Heavy vehicle and heavy tool or construction equipment sales and rental -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P -- -- -- 20.39.565 All vehicle service and repair, as listed below: Car wash -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- -- -- -- 20.39.625 Vehicle service and repair, minor -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P -- -- -- -- 20.39.640 Vehicle service and repair, major -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P -- -- -- 20.39.645 Vehicle service and repair, commercial vehicle -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- -- 20.39.650 Industrial Uses All heavy industrial -- ` -- -- -- -- -- -- --- -- -- -- -- -- -- -- -- -- P -- -- -- 20.39.605 All light manufacturing, except as listed below: -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- -- Commercial laundry, dry cleaning or carpet cleaning facility -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- -- 20.39.610 Brewery, Distillery under 5,000 square feet P P P P Brewery, Distillery 5,001- 15,000 square feet C C C P P Brewery, Distillery over 15,000 square feet P P Craft shop -- -- -- -- -- -- -- P P P P P -- P P P P P -- -- -- 20.39.610 Food and beverage processing, boutique (area used for processing less than 3,000 SF) -- -- -- -- -- -- -- P P P P P -- P P P P P -- -- -- 20.39.610 61 of 110 Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/ Standards Food and beverage processing, industrial -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P -- -- -- 20.39.610 Recreational marijuana production -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- -- -- 20.64 All research and development -- -- -- -- -- -- -- -- -- -- -- -- P P P P P P -- -- -- 20.39.615 Resource extraction – mining, dredging, raw mineral processing, except: -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C -- -- -- 20.39.620 Timber harvesting in the absence of concurrent development -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Sand and Gravel Mining -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C -- -- -- Stockpiling of sand, gravel or other aggregate materials -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C P -- -- P 20.39.620 Sheet metal, welding, machine shop, tool and equipment manufacturing, vehicle painting facility -- -- -- -- -- -- -- -- -- -- -- -- -- -- C P P P -- -- P 20.39.610 All warehouse, storage and distribution, as listed below: -- -- -- -- -- -- -- -- -- -- -- -- -- -- C C P P -- -- -- Enclosed storage -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P P -- -- 20.39.655 Self-service storage, mini-warehouse -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- -- -- -- 20.39.655 All waste-related service, including sewage treatment facilities, decant facilities and recycling centers -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C -- -- P 20.39.660 Recreational marijuana processing -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P -- -- -- 20.64 Agricultural Uses All agriculture, as listed below: Agricultural processing, excluding marijuana processing -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- C P P -- -- -- 20.39.705 Community garden P P P P P P -- P P P -- -- -- -- -- -- -- -- -- P P 20.39.705 Nursery -- -- -- -- -- -- P -- -- -- -- -- -- P P P P -- -- -- -- 20.39.705 Winery -- -- -- -- -- -- C -- -- C C C -- P P P P -- -- -- -- 20.39.705 62 of 110 Use Category Specific Use R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU CC CH IF LI HI CI PR PF Definition/ Standards Accessory uses not otherwise listed below, as determined by the [Administrator]: Accessory apartment, attached dwelling P P P -- -- P P -- -- -- -- -- P -- -- -- -- -- -- -- -- 20.39.805 Backyard cottage dwelling P P P -- -- P P -- -- -- -- -- P -- -- -- -- -- -- -- -- 20.39.805 Drive-thru facility -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P -- -- -- -- 20.39.870 Home occupation P P P P P P P P P -- -- -- P -- -- -- -- -- -- -- -- 20.39.830 Home business P P P -- -- P P -- -- -- -- -- P -- -- -- -- -- -- -- -- 20.39.835 Livestock keeping P P P -- -- -- P -- -- -- -- -- -- -- -- -- -- -- -- -- -- 20.39.845 Outdoor display -- -- -- -- -- -- -- -- -- P P P P P P P P P -- -- -- 20.39.850 Outdoor storage as listed below: Low-impact -- -- -- -- -- -- -- -- -- -- -- -- -- P P P P P -- -- -- 20.39.855 High-impact -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- P P P -- -- -- 20.39.855 Self-Storage as accessory use to Apartment Building -- -- -- P P -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 20.39.860 Vehicle service and repair, accessory to a residential use P P -- -- -- P P -- -- -- -- -- -- P P -- -- -- -- -- -- 20.39.900 Park as accessory use to residential development P P P P P P -- P P P P P P -- -- -- -- -- -- -- -- Medical marijuana cooperative P P P P P P P P P P P P P P P P P -- -- -- -- Ch. 20.64 Key: P = Permitted Use C = Conditional Use -- = Use Not Permitted 63 of 110 Residential Uses. 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), two-family, single- family attached, multi-family. b. Designated Manufactured home, Manufactured Homes or Mobile Homes (excluding a new designated manufactured home). c. New Designated Manufactured Home. d. Manufactured or Mobile Home Park. e. Group home. 2. Single-Family Detached. One dwelling unit in a single principal structure; may also contain an accessory unit 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 vertically by a common side wall. Units cannot be vertically mixed. 5. Multi-Family: Three or more dwelling units in a single principal structure that do not meet the definition of single-family attached above. Where multi-family is allowed as a limited use, it is allowed only in the upper stories of a mixed-use building. 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. 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 un-subdivided 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. 8. Medical Marijuana Cooperative. 9. Group Home a. Defined: i. A dwelling unit containing up to 8 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. ii. 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. iii. Current users of illegal controlled substances, persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and 64 of 110 juvenile offenders, are not considered mental or physically impaired under the Fair Housing Act. iv. 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. Defined: i. 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 6 adults who are not related by blood or marriage to the person or persons providing the service. 20.39.110 Group Living 1. Defined: Residential occupancy of a structure by 9 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, lodging house. c. Congregate care facility. d. Dormitory. e. Hospice. f. Monastery, convent. g. Nursing or care home. h. Independent living facility. i. Skilled nursing care facility. 20.39.120 Social Services 1. Defined: A facility that provides treatment for persons not protected under the Fair Housing Act or who present a direct threat to the persons or property of others. Includes persons convicted for illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders. Also includes facilities that provide transient housing related to post- incarceration and social service programs. Public and Civic Uses 20.39.200 Civic Uses. 1. Defined: Places of public assembly that provide ongoing governmental, life safety, educational, and cultural services to the general public, as well as meeting areas for religious practice. Civic includes the following: a. Community College, University, Trade or Technical School. b. Club or Lodge. c. Museum, Library. d. Place of Worship e. Public Use. f. Schools (K-12) 65 of 110 2. Community College, University: A facility of higher education having authority to award associate and higher degrees. 3. Club or Lodge: A Facility used for associations or organizations of an educational, fraternal, or social character, not operated or maintained for profit. a. Representative organizations include but are not limited to Elks, VFW, Lions, and Rotary. 4. Museum or Library: A facility having public significance by reason of its architecture or former use or occupancy, or a building serving as a repository for a collection of books, natural, scientific, literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be viewed by members of the public, with or without an admission fee. 5. Place of Worship: A facility that by design and construction is primarily intended for conducting organized religious services. 6. Public Use: Any building, structure, or use owned and operated by the federal government, state, county, the city, port, utility district, or other municipality, or any authority, agency, board, or commission of the above governments that is necessary to serve a public purpose, including but not limited to government administrative buildings, post offices, police, fire and EMS stations, public health facilities, public works facilities, community centers, and jails and correctional facilities. 7. Trade or Technical School: A facility having a curriculum devoted primarily to industry, trade, or other vocational-technical instruction. 8. Schools (K-12): A facility for students in grades pre-kindergarten through 12. 9. Jail or Detention Center: A facility operated by a governmental agency designed, staffed, and used for the incarceration of persons for the purpose of punishment, correction, and rehabilitation following conviction of an offense. 20.39.210 Parks and Open Space. 1. Defined: Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, and having few structures. Parks and open space includes the following. a. Golf course. b. Park, recreation field. 2. Cemetery. The Use of property as a burial place. 3. Park, Recreation Field. An area used for outdoor play or recreation, often containing recreational equipment such as slides, swings, climbing frames, ballfields, soccer fields, basketball courts, swimming pools, and tennis courts. May include passive and active recreation. 20.39.220 Utilities. 1. Defined. Public or private infrastructure serving a limited area with no on-site personnel (minor utility) or serving the general community with on-site personnel (major utility). Utilities includes the following. 2. Minor utilities, including on-site stormwater retention or detention facility, neighborhood serving telephone exchange/switching center, gas/electric/telephone/cable transmission lines, water and wastewater pump station or lift station, gas gates, reservoir, control structure, drainage well, water supply water well. 66 of 110 3. Major utilities, including aeration facility, electrical substation, electric or gas generation plant, filter bed, transmission towers, waste treatment plant, water pumping facility, water tower or tank. 20.39.230 Wireless Telecommunication Facilities. 1. Small Cell Wireless Facility. Defined: “Small Cell Facility” shall mean a Wireless Facility that meets both of the following qualifications: a. each antenna is located inside an antenna enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and b. primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside the primary equipment enclosure and if so located, are not included in the calculation of equipment volume: Electric meter, concealment, telecomm demarcation box, ground-based enclosures, battery back-up power systems, grounding equipment, power transfer switch, and cut-off switch. Unless the context clearly provides otherwise, the term Small Cell Facility shall include a Small Cell Facility, Microcell, Minor Facility, Small Cell Network, and Distributed Antenna System. 2. Small Cell Facility Standards. Small Cell facilities shall comply with POMC 20.63. 3. Amateur Radio Operator Tower: A facility used for personal, non-commercial radio licensed by the Federal Communications Commission. 4. Wireless Communication Tower: Any mast, pole, monopole, lattice tower, or other structure designed and primarily used to support antennas. 5. Building Mounted Wireless Telecommunication Facility: Any antenna attached or affixed to a building or roof or other type of structure not originally intended to house such a facility. Commercial Uses. 20.39.300 Child Care Facilities. 1. Defined: A facility providing care and supervision for compensation during part of a 24 hours day, for a child/adult or children/adults not related by blood, marriage, or legal guardianship to the person or persons providing the care, in a place other than the child’s or children’s own home or homes. Day care includes the following: a. Family day care home (6 or fewer children) b. Mini-day care center (7-12 children) c. Day Care Center (13 or more children) 2. Family day care home" means a person regularly providing care during part of the twenty-four-hour day to six or fewer children in the family abode of the person or persons under whose direct care the children are placed. 3. “Group day care” means a person or agency providing care during part of the twenty- four-hour day to twelve or fewer children in a facility other than the family abode of the person or persons under whose direct care the children are placed, or for the care of seven through twelve children in the family abode of such person or persons. 4. "Day care center" means a person or agency that provides care for thirteen or more children during part of the twenty-four-hour day. 20.39.305 Indoor Recreation. 1. Defined: A commercial facility providing daily or regularly scheduled recreation-oriented activities in an indoor setting. Indoor recreation includes the following. 67 of 110 a. Amusement center, game/video arcade. b. Assembly hall, auditorium, meeting hall. c. Billiard hall, pool hall. d. Bowling alley. e. Dance, martial arts, music studio or classroom f. Extreme sports facility such as BMX, skateboarding or roller blading. g. Gym, health spa or yoga studio. h. Ice or roller skating rink. i. Indoor sports facility. j. Inflatable playground, indoor trampolines k. Miniature golf facility. l. Motor track. m. Movie theater or other indoor theater. n. Shooting range. o. Special event facility 2. Dance, Martial Arts, Music Studio or Classroom: A facility that offers or provides instruction to more than 2 students at a time in dance, singing, music, painting, sculpting, fine arts or martial arts. 3. Gym, Health Spa, Yoga Studio: A facility which for profit or gain provides as one of its primary purposes, services or facilities which assist patrons improve their physical condition or appearance. Not included within this definition are facilities operated by nonprofit organizations, facilities wholly owned and operated by a licensed physician at which such physician is engaged in the practice of medicine, or any establishment operated by a health care facility. 4. Shooting Range: A facility with an enclosed firing range with targets for archery, rifle or handgun practice. 5. Special Event Facility: A facility or assembly hall available for lease by private parties or special events, such as weddings. 6. Use Provisions: Where indoor recreation is listed as a Limited use in the land use tables, the use is limited to an accessory use along with other approved uses in a development or building, or is and may be subject to maximum size limits to minimize potential impacts to surrounding properties. 20.39.310 Commercial Entertainment. 1. Adult Entertainment. a. Defined: An enterprise whose predominant emphasis is involved in the selling, renting or presenting for commercial purposes of adult entertainment merchandise including books, magazines, motion pictures, films, video cassettes, or cable television for observation by patrons therein. Examples of such establishments include, but are not limited to, adult book or video stores and establishments offering panoramas, or peep shows. “Predominant emphasis” means 50 percent or more of gross revenue generated or total volume of shelf space and display area, whichever is more restrictive. 20.39.315 Medical Uses. 1. Defined: A facility providing medical or surgical care to patients. Some facilities may offer overnight care. Medical includes the following. a. Ambulatory surgical center. b. Blood plasma donation center, medical or dental laboratory. c. Hospital. 68 of 110 d. Medical, dental office or chiropractor, osteopath, physician, medical practitioner. e. Medical clinic. f. Urgent care, emergency medical office. 2. Hospital: a. Defined: A facility providing health services primarily for the sick or injured and offering inpatient medical and/or surgical care. 20.39.320 Home Occupations. 1. Defined: A limited-scale activity with some on-site fabrication, sales and/or service which occurs in a dwelling unit or accessory building and is subordinate to the primary use of the premises as a residence, and which does not impact the character of the surrounding residential neighborhood. Home occupations shall be consistent with the requirements of Chapter 20.60 POMC. 20.39.325 Office Uses. 1. Defined: A facility used for activities conducted in an office setting and generally focusing on business, professional or financial services. Office includes the following. a. Services including, but not limited to, advertising, business management consulting, computer or data processing, graphic design, commercial art or employment agency. b. Professional services including, but not limited to, lawyer, accountant, auditor, bookkeeper, engineer, architect, sales office, travel agency, interior decorator or security system services. c. Financial services including but not limited to, lender, investment or brokerage house, bank, call center, bail bonds, insurance adjuster, real estate or insurance agent, mortgage agent or collection agency. d. Counseling in an office setting. e. Radio, TV station, recording studio. 2. Bail Bonds: A facility with a bail bond agent, or bondsman, that provides surety and pledges money or property as bail for the appearance of persons accused in court. 3. Call Center: A facility used for the purpose of receiving or transmitting a large volume of telephone calls. 20.39.330 Outdoor Recreation. 1. Defined: A commercial facility, varying in size, providing daily or regularly scheduled recreation-oriented activities. Activities take place predominately outdoors or within outdoor structures. Outdoor recreation includes the following. a. Drive-in theater. b. Campground, travel trailer park, RV park. c. Extreme sports facility such as BMX, skateboarding or roller blading. d. Horse stable, riding academy, equestrian center. e. Outdoor amusements such as batting cage, golf driving range, amusement park, miniature golf facility or water park. f. Outdoor theater. g. Shooting range. 2. Campground, Travel Trailer Park, RV Park: A facility used for 2 or more tent or recreational vehicle campsites. Does not include sites for manufactured homes. 3. Horse Stable, Riding Academy, Equestrian Center. 69 of 110 a. A facility used primarily for the care, breeding, boarding, rental, riding or training of horses or for the teaching of equestrian skills. b. Where a horse stable, riding academy or equestrian center is allowed as a limited use, no part of any building, structure or run in which animals are housed may be closer than 50 feet from any property line, except property owned or occupied by an owner or operator of the facility. 4. Shooting Range: A facility with an outdoor firing range with targets for archery, rifle or handgun practice. 20.39.335 Overnight Lodging. 1. Defined: Accommodations arranged for short term stays. Overnight lodging includes the following. a. Level 1 Lodging (Air BNB and similar) b. Level 2 Lodging (Bed and breakfast) (up to 6 rooms). c. Level 3 Lodging (Hostel) d. Level 4 Lodging (Motel) e. Level 5 Lodging (Hotel) 20.39.340 Parking. 1. Defined: A facility that provides parking as a principal use. Parking includes the following. a. Commercial parking. b. Remote parking. 2. Commercial Parking: a. A facility that provides parking as a principal use where fee is charged. Where commercial parking is allowed as a special use, it may be permitted subject to Div. 14.4 and the standards below: b. A Type A or B buffer (see Sec. 11.2.2) must be established along all lot lines abutting a ground floor residential use; c. All surface parking areas must be landscaped in accordance with Sec. 11.2.3. 3. Remote Parking a. A facility that provides parking as a principal use where a fee is not charged. b. Where remote parking is allowed as a limited use, it is subject to the following: i. The remote parking facility must be located within the same or more intense zoning district as the principal use served; ii. A Type A or B buffer (see Sec. 11.2.2) must be established along all lot lines abutting a ground floor residential use; iii. All surface parking areas must be landscaped in accordance with Sec. 11.2.3. 20.39.345 Personal Services. 1. Defined: A facility involved in providing personal or repair services to the general public. Personal service includes but is not limited to the following. a. Beauty, hair or nail salon. b. Catering establishment. c. Cleaning establishment, dry-cleaning or laundry drop-off facility, laundromat, washeteria. d. Copy center, printing, binding, photocopying, blueprinting, mailing service. 70 of 110 e. Funeral home, funeral parlor, mortuary, undertaking establishment, crematorium. f. Locksmith. g. Optometrist. h. Palmist, psychic, medium, fortune telling. i. Repair of appliances, bicycles, canvas product, clocks, computers, jewelry, musical instruments, office equipment, radios, shoes, televisions, watch or similar items. j. Tailor, milliner or upholsterer. k. Tattoo parlor or body piercing. l. Taxidermist. m. Tutoring. n. Wedding chapel. o. Landscaping services. 20.39.350 Animal Care (Indoor): A facility designed or arranged for the care of animals without any outdoor activity. No outdoor activity associated with care of animals is allowed. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, commercial kennel and doggy day care. 20.39.355 Animal Care (Outdoor) 1. Defined: A facility designed or arranged for the care of animals that includes outdoor activity. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, cattery, commercial kennel and doggy day care. 2. Where outdoor animal care is allowed as a limited use, it is subject to the following: a. All outdoor exercise areas and runs must be fenced for the safe confinement of animals; b. A Type A or B buffer (see Sec. 11.2.2) must be established along any outside areas used to exercise, walk, or keep animals that abuts a ground floor residential use; and c. No animal may be outdoors between 11 PM and 6 AM. 20.39.360 Restaurant: 1 Defined: A facility that prepares and sells food and drink for on- or off-premise consumption. Restaurant includes the following. a. Restaurant Level 1 b. Restaurant Level 2 c. Restaurant Level 3 d. Food Truck e. Bar, tavern, pub. f. Brewpub. g. Cafe. h. Restaurant, take out or pizza delivery facility. i. Restaurant, fast-food. j. Restaurant, sit down k. Yogurt or ice cream shop. 20.39.365 Retail Sales. 1. Defined: A facility involved in the sale, lease or rental of new or used products. Retail sales includes the following: 71 of 110 a. Business Services b. Level 1 c. Level 2 d. Level 3 e. Level 4 f. Level 5 g. Level 6 h. Level 7 i. Recreational Marijuana Sales j. Antiques, appliances, art supplies, baked goods, bicycles, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronics, fabric, flowers, furniture, garden supplies, gifts or novelties, groceries, hardware, home improvement, household products, jewelry, medical supplies, music, musical instruments, office supplies, package shipping, pets, pet supplies, pharmaceuticals, phones, photo finishing, picture frames, plants, pottery, printed materials, produce, seafood, shoes, souvenirs, sporting goods, stationery, tobacco, toys, vehicle parts and accessories, videos, video games and related products. k. Convenience store with fuel pumps or gas station. l. Convenience store without fuel pumps. m. Convenience Store with Fuel Pumps 1. A facility with a floor area less than 5,000 square feet that sells convenience goods, such as prepackaged food items and a limited line of groceries. A convenience store with fuel pumps may sell vehicle fuel but cannot have any type of vehicle repair or service. 2. Where a convenience store with fuel pumps is allowed as a limited use, it is subject to the following: a. All fuel pumps must be located at least 25 feet from any public right-of- way or lot line, and all buildings and appurtenances must be located at least 100 feet from all lot lines abutting a residential use; b. A Type A or B buffer (see Sec. 11.2.2) must be established along all lot lines abutting a residential use; and c. All fuel must be stored underground outside of any public right-of-way. n. Convenience Store without Fuel Pumps 1. A facility with a floor area less than 5,000 square feet that sells convenience goods, such as prepackaged food items and a limited line of groceries. A convenience store without fuel pumps cannot sell vehicle fuel or have any type of automotive service. 2. Where a convenience store without fuel pumps is allowed as a limited use, the use must be within or attached to a multi-tenant building, cannot be located in a standalone building. o. Vehicle Sales/Rental 1. Defined: A facility that sells, rents or leases passenger vehicles, light and medium trucks, and other consumer vehicles such as motorcycles, boats and recreational vehicles. a. Light Vehicle/Equipment Sales, rental or leasing of passenger vehicles, motorcycles, boats. p. Heavy Vehicle/Equipment: 1. Sales, rental or leasing of commercial vehicles, heavy equipment and manufactured homes. Includes Recreational vehicles, 18-wheelers, commercial box trucks, high- lifts, construction, heavy earthmoving equipment and manufactured homes. 72 of 110 2. Use Standards. Where vehicle sales/rental is allowed as a limited use, it is subject to the following: a. A Type A or B buffer (see Sec. 11.2.2) must be established along all lot lines abutting a ground floor residential use; b. All surface parking areas must be landscaped in accordance with Sec. 11.2.3; c. Vehicle display areas may not be artificially elevated above the general topography of the site; and d. Parked or stored vehicles may not encroach upon any public right-of- way or sidewalk. 20.39.370 Business Services: A facility providing other businesses with services including maintenance, repair and service, testing, rental, includes: business equipment repair services, document storage, document destruction, soils and materials testing laboratories. 20.39.375 Marina: A facility that provides launching, storage, supplies, moorage, and other accessory services for six or more pleasure and/or commercial water craft. Industrial Uses. 20.39.400 Heavy Industrial Uses. 1. Defined: A facility that involves dangerous, noxious or offensive uses or a facility that has smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio, television reception, radiation or any other likely cause. Heavy industrial includes the following. a. Animal processing, packing, treating, and storage. b. Bottling plant. c. Bulk fuel sales. d. Bulk storage of flammable liquids, chemical, cosmetics, drug, soap, paints, fertilizers and abrasive products. e. Concrete batch plant. f. Prison (public or private). g. Primary metal manufacturing. h. Sawmill, log production facility, lumberyard. 20.39.410 Light Manufacturing. 1. Defined: A facility conducting light manufacturing operations within a fully-enclosed building. Light manufacturing includes the following. a. Laundry, dry-cleaning, and carpet cleaning plant. b. Brewery, distillery. c. Clothing, textile or apparel manufacturing. d. Craft shop. e. Food and beverage processing, boutique. f. Food and beverage processing, industrial. g. Facilities engaged in the assembly or manufacturing of scientific measuring instruments; semiconductor and related devices, including but not limited to clocks, integrated circuits, jewelry, medical, musical instruments, photographic or optical instruments or timing instruments. 73 of 110 h. Pharmaceutical or medical supply manufacturing. i. Recreational equipment manufacturing. j. Sheet metal, welding, machine shop, tool repair. k. Stone, clay, glass or concrete products. l. Woodworking, cabinet makers or furniture manufacturing. m. Marijuana production. n. Marijuana processing. 2. Craft Shop: A facility devoted solely to the arts and crafts that produces or makes items that by their nature, are designed or made by an artist or craftsman by using hand skills. a. Where a craft shop is allowed as a limited use, it is subject to the following: i. May have no more than 5 employees. ii. No more dust, fumes, gases, odors, smoke, or vapors escape from the premises than that which is usual in the neighborhood is allowed. iii. All by-products, including waste, are effectively confined to the premises or disposed of off the premises so as to avoid air pollution other than that which is usual in the neighborhood. iv. No noise or disturbance of adjoining premises takes place other than that which is usual in the neighborhood. v. All equipment and material storage is kept in an enclosed structure. 3. Food and Beverage Processing, Boutique a. A facility in which food, beverages and alcohol are processed or otherwise prepared and distributed for eventual human consumption. The facility may, in addition to its processing operation and exclusive of the processing, bottling, storage floor area limitation, have a restaurant, offer related and unrelated retail sales, and on-site consumption of free samples when permitted by the State. Where food and beverage processing, boutique is allowed as a limited use, it is subject to the following. i. Ground floor area used for processing/bottling/storage does not exceed 3,000 square feet, unless otherwise permitted through a Special Use Permit. ii. The use is conducted in a fashion that does not generate continuous, frequent, or repetitive noises or vibrations than that which is usual in the neighborhood. 4. Food and Beverage Processing, Industrial: a. A facility in which food, beverage and alcohol are processed, or otherwise prepared and distributed for eventual human consumption. The establishment may, as a subordinate use, offer retail sales and on-site consumption of free samples with no associated seating area, when permitted by the State, of only products produced or processed by the principal use on site. b. Where food and beverage processing, industrial is allowed as a limited use, it requires a Special Use Permit if located within 300 feet from an existing residence or residentially- zoned property (measured from the residential lot line to the lot line of the food and beverage facility). 20.39.420 Research and Development 1. Defined: A facility focused primarily on the research and development of new products. Research and development includes the following. a. Laboratories, offices and other facilities used for research and development by or for any individual, organization or concern, whether public or private. b. Prototype production facilities that manufacture a limited amount of a product in order to fully investigate the merits of such a product. 74 of 110 c. Pilot plants used to test manufacturing processes planned for use in production elsewhere. 20.39.430 Resource Extraction 1. Defined: A facility that extracts minerals and other solids and liquids from land. Resource extraction includes the following. a. Extraction of phosphate or minerals. b. Extraction of sand or gravel, borrow pit. c. Metal, sand stone, gravel clay, mining and other related processing d. Stockpiling of sand, gravel, or other aggregate materials. 20.39.440 Vehicle Service and Repair 1. Defined. Repair and service to passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Vehicle service includes the following. a. Car wash. b. Vehicle repair (minor). c. Vehicle repair (major). d. Vehicle repair (commercial vehicle). 2. Car Wash a. A facility with mechanical or hand-operated equipment used for cleaning, washing, polishing or waxing of motor vehicles. Where a car wash is allowed as a limited use, it is subject to the following. i. No hand-operated car wash is permitted within 50 feet of a residential use (measured from the residential lot line to the lot line of the car wash facility). ii. No mechanical car wash is permitted within 150 feet of a residential use (measured from the residential lot line to the lot line of the car wash facility). iii. A Type A or B buffer (see Sec. 11.2.2) must be established along all lot lines abutting a ground floor residential use. iv. When abutting a ground floor residential use, the car wash facility cannot operate before 6 AM or after 11 PM. 3. Vehicle Repair (Minor) a. A facility where minor vehicle repair and service is conducted. Includes audio and alarm installation, custom accessories, quick lubrication facilities, minor scratch and dent repair, emissions testing, bed-liner installation, and glass repair or replacement. Where minor vehicle repair is allowed as a limited use, it is subject to the following. i. A Type A or B buffer (see Sec. 11.2.2) must be established along all lot lines abutting a ground floor residential use. ii. The dismantling of vehicles for salvage and the storage of impounded vehicles is not allowed. 4. Vehicle Repair (Major) a. A facility where general vehicle repair is conducted, including transmission, brake, muffler and tire shops, along with body and paint shops. b. Where major vehicle repair is allowed as a limited use, it is subject to the following. i. A Type A or B buffer (see Sec. 11.2.2) must be established along all lot lines abutting a ground floor residential use. ii. The dismantling of vehicles for salvage and the storage of impounded vehicles is not allowed. 75 of 110 5. Vehicle Repair (Commercial Vehicle) a. A facility conducting repair, service, washing or accessory installation for commercial vehicles, including box trucks, 18-wheelers and construction or other heavy equipment. b. A Type A or B buffer (see Sec. 11.2.2) must be established along all lot lines abutting a ground floor residential use. c. The dismantling of vehicles for salvage and the storage of impounded vehicles is not allowed. 20.39.450 Warehouse, Storage and Distribution 1. Defined: A facility involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers. Warehouse, storage and distribution includes the following. a. Enclosed storage (includes bulk storage, cold storage plants, frozen food lockers, household moving and general freight storage). b. Self-service storage, mini-warehouse. 2. Use Standards. Where warehouse, storage and distribution is allowed as a limited use, outdoor storage areas are allowed in accordance with in Sec. 10.8.12. 20.39.460 Waste-Related Services 1. Defined: A facility that processes and stores waste material. Waste-related service includes the following. a. Automobile dismantlers and recyclers, junk yard, wrecking yard, salvage yard. b. Landfill. c. Recycling and recovery facility, including recyclable material storage, including construction material. d. Scrap metal processors, secondary materials dealer. Agricultural Uses 20.39.500 Agriculture 1. Defined: The production of crops, livestock or poultry. Agriculture includes the following. a. Agricultural processing, excluding marijuana processing. b. Community garden. c. Nursery. d. Winery. 2. Agricultural Processing. Any operation that transforms, packages, sorts, or grades farm products into goods that are used for intermediate or final consumption, including goods for non-food use, such as the products of forestry. Agricultural processing includes milk plant, grain elevator, and mulch or compost production and manufacturing, but does not include animal processing, packing, treating, and storage. Agricultural processing also does not include marijuana processing pursuant to POMC 20.64. 3. Community Garden. An area of land managed and maintained by a group of individuals to grow and harvest food crops and non-food ornamental crops, for personal or group use, consumption or donation. May be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group, and may include common areas maintained and used by the group. Where a community garden is allowed as a limited use, it is subject to the following: 76 of 110 a. A community garden must be primarily used for growing and harvesting food and ornamental crops for consumption or donation or for sale off-site; b. Only mechanical equipment designed for household use may be used. 4. Nursery. The sale of plants and plant materials grown on- or off-site, as well as garden supplies, equipment and related items. 5. Winery: A facility for processing grapes or other fruit into wine for sale on-site or through wholesale or retail outlets. Accessory Uses 20.39.600 Accessory Dwelling Unit Defined: A separate, complete dwelling unit attached to or contained within the structure of the primary use or dwelling unit, or contained within a separate structure that is accessory to the primary use or dwelling unit on the premises. Intent: Accessory dwelling units (“ADUs”) are intended to: 1. Provide homeowners with a means of providing for companionship and security. 2. Add affordable units to the existing housing supply. 3. Make housing units within the City available to moderate income people. 4. Provide an increased choice of housing that responds to changing needs, lifestyles (e.g., young families, retired), and modern development technology. 5. Protect neighborhood stability, property values, and the single-family residential appearance by ensuring that accessory apartments are installed in a compatible manner under the conditions of this section. 6. Increase density in order to better utilize existing infrastructure and community resources and to support public transit and neighborhood retail and commercial services. 7. Provide a means for commercial and industrial sites to have a resident caretaker or security officer. Use Standards: 1. ADU permits shall not be issued on lots containing more than one dwelling. Occupancy. The maximum number of occupants in any ADU shall be 4 persons. Maximum occupancy may be further limited by Section 1004 (Occupant Load) of the International Building Code. 2. Composition. The ADU shall include facilities for cooking, living, sanitation, and sleeping. 3. Ownership and occupancy. The property owner must maintain his or her occupancy in the main residence or the ADU. For the purposes of this Chapter, “occupancy” means that the property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by property tax, voter registration, vehicle registration, or similar means, and actually resides at the site more than six months out of any given year, and at no time receives rent for the owner- occupied unit. Owners shall record a notice on title, as approved by the City, which attests to their occupancy and attests that, at no time, shall they receive rent for the owner-occupied unit. Falsely 77 of 110 attesting owner-residency shall be a gross misdemeanor subject to a fine not to exceed $5,000, including all statutory costs, assessments, and fees. In addition, ADUs shall not be subdivided or otherwise segregated in ownership from the main building. 4. Parking. For ADUs accessory to single family residences, no off-street parking is required for the ADU provided that the minimum required off-street parking per Chapter 20.124 for the primary use (single-family residence, commercial or industrial development) is met on the lot or if on- street parking is provided on both sides of the street(s) abutting the lot. One (1) parking stall shall be provided per ADU if either of the preceding conditions is not satisfied. If additional ADU parking is provided, such parking shall be located in the rear portion of the lot and shall not be accessed from the front if suitable access to the rear is available, such as an abutting right-of-way that is or can practicably be developed. Driveways shall comply with the vehicular access and driveway standards in Chapter 20.139.020(2) and the City’s development guidelines. For commercial/industrial ADUs, one (1) additional parking stall, above that which is required for the underlying use, shall be provided. 5. Home occupations. Home occupations shall be allowed, subject to existing regulations. However, if both the main residence and the ADU contain home occupations, only one of the two is permitted to receive customers on the premises. 6. Short-term rental. The use of an ADU as a short-term rental shall be allowed, subject to compliance with the bed and breakfast regulations in Chapter 20.46. 7. Legalization of Nonconforming ADUs. Existing ADUs that are made nonconforming by this ordinance, or ADUs legally existing prior to the enactment of these requirements, may be maintained as a legal non-conforming use in accordance with Chapter 20.54. 8. Utilities. An ADU must be connected to the utilities of the main residence, or the associated commercial or industrial development, and may not have separately billed services, with the exception of telephone and cable television or internet. 9. In commercial or industrial developments, detached ADUs are not allowed, and the ADU shall be located on or above the second floor of the building in which it is located. 10. For attached ADUs, the lot must meet the minimum lot dimensional and size requirements of the applicable zoning designation per Chapter 20.24. Attached ADUs that do not increase the building envelope of an existing residential structure are exempt from this requirement. 11. Size – Percentage of primary residence. The ADU, excluding any garage area and other non-living areas, such as workshops or greenhouses, shall not exceed 40 percent of the total square footage of the main building and the ADU combined, after modification or construction. In addition, detached ADUs shall meet the standards of Chapter 20.139. 12. Size – Total square footage. An ADU shall not contain more than 1,000 square feet. 13. Height. The maximum height for detached ADUs shall be 18 feet, measured per Chapter 20.12 (see “Building Height”) unless a more restrictive zoning height limit exists. Detached ADUs shall be no taller than the main residence. The conversion of an existing accessory structure taller than 18 feet may be authorized through issuance of an administrative variance. In lieu of the administrative variance criteria found in Chapter 20.28, the following criteria shall apply: In such cases, the structure shall not intercept a 45-degree daylight plane inclined into the ADU site from a height of 15 feet above existing grade, measured from the required zoning setback line; and, second story windows facing abutting properties, and within 10 feet of the property line, shall be 78 of 110 constructed in a manner to prevent direct views into the neighboring property, through such methods as clerestory windows, or semi-translucent glass. 14. Location. An ADU may be permitted as a second dwelling unit added to or created within the main building or, when allowed, permitted as a detached structure located in the rear yard. 15. Setbacks and lot coverage. ADUs shall comply with the applicable lot coverage and zoning setbacks. 16. Design. • An attached ADU shall be designed to maintain the architectural design, style, appearance, and character of the main building as a single-family residence. If an attached ADU extends beyond the current footprint or existing height of the main building, such an addition must be consistent with the existing façade, roof pitch, siding, and windows. Any exterior modification or addition to a single-family residence shall comply with the design standards in Chapter 20.139. Additionally, only one entrance is permitted to be located in the front façade of the dwelling. If a separate outside entrance is necessary for an attached ADU, it must be located either off the rear or side of the main building. Such entrance must not be visible from the same view of the building which encompasses the main entrance to the building and must provide a measure of visual privacy. For an attached ADU associated with a commercial or industrial development, the ADU shall be part of an overall site and building design that complies with the requirements), and shall be reviewed in conjunction with the underlying land use or building permit. • A detached ADU shall be designed to complement the architectural design, style, appearance, and character of the main building by utilizing complementary colors and finish materials, window styles, and roof design to the main building. The entrance door to a detached ADU shall not face the same property line as the entrance door to the main building except when the entrance door to the ADU is located behind the rear wall of the main building. 17. Other accessory buildings. The detached ADU structure shall be the only accessory building allowed on the parcel, although it can be integrated into a structure that includes a garage or other non-habitable space. Accessory buildings under 200 square feet in size may be exempted from this restriction, provided that such buildings meet the relevant zoning requirements for height, setbacks and maximum lot coverage. 20.39.605 Drive-Thru Facility 1. Defined: A facility at which the customer is served while sitting in a vehicle, typically associated with drive-thru restaurants, banks and pharmacies. 2. Use Standards: Where a drive-thru is allowed as a limited use, it is subject to the following: a. No drive-thru window, lane or order box is permitted within 50 feet of a ground floor residential use (measured from the residential lot line to the closest point of the drive- thru lane); b. In all drive-thru areas, including but not limited to menu boards, stacking lanes, trash receptacles, ordering box, drive up windows, and other objects associated with the drive-thru, must be located to the side or rear of the building. Drive-thru windows and lanes may not be placed between a public street (not including an alley) and the associated building; and c. Queuing and screening requirements are specified in Sec. 11.1.6. 20.39.615 Home Occupation 79 of 110 1. Defined: A home occupation provides a service or product that is conducted wholly within a dwelling unit. Customers and employees coming to the dwelling to conduct business are not allowed. A home occupation does not include Bed and Breakfast (see Sec. 10.5.6.B), Home industry (see Sec. 10.8.3) or Day Care (see Sec. 10.5.1). 2. Use Standards: Where a home occupation is allowed as a permitted use, it is subject to the following: a. The use of the dwelling unit for a home occupation must be clearly incidental and subordinate to its use for residential purposes, and under no circumstances change the residential character of the building. b. No business, storage or warehousing of material, supplies or equipment is allowed outside. c. No equipment or process may be used that creates excessive noise, vibration, glare, fumes, odors, or electrical interference. d. No display of products may be visible from the street. e. No persons other than members of the family residing on the premises may be engaged in the home occupation. f. No more than one vehicle may be used in the conduct of the home occupation, and it must be parked on-site. g. Storage space and the operation of the business cannot exceed 25% of the total floor area of the dwelling (including any accessory structures on the lot). h. Customers and employees are not allowed. i. The delivery of materials may not exceed more than 2 deliveries of per day. No delivery may be by a vehicle larger than typical delivery van. j. No signs advertising the home occupation are allowed. 20.39.620 Home Business 1. Defined: A home business provides a service or product that is conducted wholly within a dwelling that requires employees, customers, clients or patrons to visit the dwelling. A home business does not include Bed and Breakfast (see Sec. 10.5.6.B), Home industry (see Sec. 10.8.3) or Day Care (see Sec. 10.5.1). 2. Use Standards Where a home business is allowed as a permitted use, it is subject to the following: a. The use of the dwelling unit for a home business must be clearly incidental and subordinate to its use for residential purposes, and under no circumstances change the residential character of the building. b. No business, storage or warehousing of material, supplies or equipment is allowed outside. c. No equipment or process may be used that creates excessive noise, vibration, glare, fumes, odors, or electrical interference. d. No display of products may be visible from the street. e. The home business must be conducted by a person residing on the premises f. No employees of the business shall work on the premises. g. No more than one vehicle may be used in the conduct of the home business, and the vehicles must be parked on-site. h. Storage space and the operation of the business inside the dwelling cannot exceed 25% of the total floor area of the building (including any accessory structures on the lot). i. Not more than 6 clients a day are permitted to visit the home business. 80 of 110 j. The delivery of materials may not exceed more than 2 deliveries of per day. No delivery may be by a vehicle larger than typical delivery van. k. Retail sales of goods must be entirely accessory to any service provided on the site (such as hair care products sold as an accessory to hair cutting). l. No mechanical equipment is installed or used except such that is normally used for domestic or professional purposes. 20.39.625 Livestock Keeping 1. Defined: Livestock includes any animals of the equine, swine or bovine class, including goats, sheep, mules, cattle, hogs, pigs and other grazing animals, and all ratites, including, but not limited to, ostriches, emus and rheas. 2. Use Standards: Where livestock keeping on residential property is allowed as a limited use, it is subject to the following: a. Prohibited: i. The keeping of any animal other than dogs, cats and other household domestic animals and those specifically allowed below is prohibited. ii. Roosters are not allowed. b. Rabbits, Turkeys, Ducks and Chickens i. One rabbit, turkey, duck or chicken is allowed per 1,500 square feet of lot area, provided that no more than 5 rabbits, ducks or chickens, and no more than 3 turkeys are located on a single parcel. ii. An area of at least 20 square feet or at least 4 square feet for each rabbit, turkey, duck or chicken, whichever is larger, must be provided. The area must be adequately fenced, cannot be located in a front yard, be at least 25 feet from any dwelling on an abutting lot and be at least 15 feet from any side or rear lot line. iii. Coops or cages may not exceed 8 feet in height. c. Alpacas, Llamas, Goats and Sheep i. A lot least 1/2 acre in size is allowed 1 alpaca, llama, goat or sheep per 10,000 square feet of lot area. ii. An area of at least 500 square feet or at least 250 square feet for each alpaca, llama, goat or sheep, whichever is larger, must be provided. iii. The containment area must be adequately fenced, cannot be located in a front yard and must be at least 15 feet from any side or rear lot line. 20.39.630 Outdoor Display 1. Defined: The outdoor display of products actively available for sale. The outdoor placement of propane gas storage racks, ice storage bins, soft drink or similar vending machines is considered outdoor display. 2. Outdoor display does not include merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers (see limited outdoor storage). 3. Where allowed, the outdoor sale or rental of vehicles equipment as part of a properly permitted use is not considered outdoor display (see Sec. 10.5.11). 4. Use Standards: Where outdoor display is allowed as a limited use, it is subject to the following: a. Outdoor display is only allowed with a permitted nonresidential use; b. Outdoor display must abut the primary façade with the principal customer entrance, and may not extend more than 6 feet from the facade or occupy more than 25% of the horizontal length of the facade; 81 of 110 c. Outdoor display may not exceed 6 feet in height; d. Outdoor display must be removed and placed inside a fully-enclosed building at the end of each business day, except propane gas storage racks, ice storage bins, soft drink or similar vending machines may remain outside overnight; and e. Outdoor display may not encroach upon any public right-of-way or sidewalk. Outdoor display may not impair the ability of pedestrians to use the sidewalk. There must be a minimum of 6 feet of clear distance of sidewalk at all times. 20.39.635 Outdoor Storage 1. Low-Impact: a. Defined: Low-impact outdoor storage includes, but is not limited to: i. The overnight outdoor storage of vehicles awaiting repair; ii. The outdoor storage of merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers; iii. Outdoor sale areas for sheds, building supplies, garden supplies, plants, lawn movers, barbecue's and other similar items; and iv. The outdoor storage of vehicles, boats, recreational vehicles or other similar vehicles at a self-service storage, mini warehouse facility. b. Use Standards: Where low-impact outdoor storage is allowed as limited use, it is subject to the following: i. All material stored outdoors cannot be located in a required setback; ii. All material stored outdoors may not be more than 12 feet in height; iii. All material stored outdoors must be fully screened from view from the public right-of-way and abutting properties using a Type A or B buffer (see Sec. 11.2.2); and iv. Vehicles awaiting repair may only be stored up to 14 days within the screened storage area. 2. High-Impact: d. Defined: High-impact outdoor storage includes, but is not limited to: i. The outdoor storage of contractors equipment; lumber, pipe, steel or wood; ii. The outdoor storage of salvage, recycled materials or scrap metal; iii. The outdoor storage of impounded or inoperable vehicles; iv. The outdoor storage or loading yard for v. vehicles, trailers or equipment. vi. The outdoor storage of construction material; and vii. The outdoor storage of domestic or construction waste or debris. e. Use Standards: Where high-impact outdoor storage is allowed as a limited or special use (see Div. 14.4), it is subject to the following: i. All material stored outdoors cannot be located in a required setback and must be located at least 15 feet from the public right-of- way; and ii. All material stored outdoors must be fully screened from view from the public right-of way and abutting properties using a Type C or D buffer (see Sec. 11.2.2). 20.39.640 Indoor Self-Storage as Accessory Use to Apartment Buildings. Indoor self-storage may be permitted as an accessory use to a site containing one or more apartment buildings as defined in POMC 20.32, provided that the gross floor area of self-storage does not exceed 20% of the gross floor area of the residential living space located within apartment buildings on the site. 82 of 110 20.39.645 Vehicle Service and Repair Accessory to Residential Uses Vehicle service and repair, as an accessory use to an existing residential use, is allowed pursuant to the requirements of Chapter 20.66 and the land use table in Chapter 20.39. 20.39.650 Medical Marijuana Cooperatives Medical marijuana cooperatives, as an accessory use to an existing residential use, is allowed pursuant to the requirements of Chapter 20.64 and the land use table in Chapter 20.39. 20.39.655 Temporary Portable Storage Containers 1. Defined: A container designed and rented or leased for the temporary storage of commercial, industrial or residential household goods that does not contain a foundation or wheels for movement. 2. Use Standards: a. In an AG-43, RS- and R- districts, one container is permitted for a maximum of 30 consecutive days twice per calendar year. b. No container may be more than 8 feet in height, or more than 16 feet in length in a residential district. c. In all other districts, no more than 3 containers are permitted at any one time. No single container may be on-site for more than 30 consecutive days. d. Any person wishing to utilize a container longer than 30 calendar days may apply for a 30- day extension subject to the [Administrator's] approval. e. Containers cannot be stacked on top of each other. f. Containers cannot be located in any required setback and must be located completely on the owner’s lot and no part of any container may be located in the public right-of- way. 20.39.660 Temporary On-Site Rock Crushing 1. The [Planning & Zoning Commission] must find that the following standards will be met prior to issuing a Special Use Permit for temporary on-site rock crushing for on-site construction and maintenance: a. The development has received site plan or final plat approval for the associated construction or maintenance activity or is an approved public facility project. b. A final grading plan for the development has been approved by the [Jurisdiction], or the [Jurisdiction] if located in the Area of City Impact. c. No excavation of native material will occur outside of approved roadways or building foundations, unless: i. A reclamation plan detailing how those areas will be revegetated is approved by the [Planning & Zoning Commission], ii. A balance sheet is submitted showing that the excavated material will be used within the development, and iii. The estimated reclamation/revegetation costs are included in the development’s surety bond. d. No off-site materials are brought on site for crushing. e. Rock crushing equipment is removed from the site within 15 days of completing the crushing activity. f. Excavated crushed material not used for on-site construction or landscaping is removed from the site within 30 days of completing the crushing activity. 83 of 110 g. The rock crushing equipment is setback as far away as practicable from all occupied structures and residential property lines, but in no case may the setback be less than 800 feet without a sound barrier shown to be capable of reducing sound levels at the nearest residential property line or occupied structure to below 65 dBA. With such sound barrier in place the setback from occupied structures and residential property lines cannot be less than 400 feet. h. The duration of the temporary rock crushing activity is for no more than 60 consecutive days from the date the activity commenced, unless extended by the [Governing Body] within an executed development agreement. i. Rock crushing will occur only during Monday through Friday, between 8:00 AM and 6:00 PM, and not on Federal holidays. j. Water is available and utilized for dust control. k. Any Federal, State or County permits required for the proposed operation are obtained. 30.39.665 Temporary Structures as Living Quarters 1. Temporary (non-winterized) structures such as yurts and seasonal cabins that do not meet the building code requirements for habitable space are not considered to be residential structures, and therefore are not allowed as living quarters. 84 of 110 Chapter 20.41 Transfer of Development Rights Program Sections: 20.41.010 Purpose 20.41.020 Authority 20.41.030 Applicability 20.41.040 General Requirements 20.41.050 Sending Areas 20.41.060 Sending Site Calculations 20.41.070 Receiving Areas 20.41.080 Use of Development Rights 20.41.010 Purpose. The purpose of this chapter is to create a process for certification and transfer of transferable development rights (TDR) from designated sending areas within Kitsap County to designated receiving areas within Port Orchard. The transfer of development rights from one property within Kitsap County to another within Port Orchard is allowed in order to provide the following: 1. Flexibility and efficient use of land and building techniques; 2. Preservation of rural character, promotion of farming areas, and provision of long-term open space opportunities; 3. A mechanism to work toward achieving policies outlined in the Kitsap County Countywide Planning Policies, Kitsap County Comprehensive Plan, the Port Orchard Comprehensive Plan and Port Orchard development regulations. 20.41.020 Authority. The transfer of residential development rights (“TDR”) system for Port Orchard is established. The base residential density of a sending site within Kitsap County may be transferred and credited to a receiving site within the City of Port Orchard in accordance with this chapter only when a TDR certificate is issued in accordance with the rules and procedures in this chapter and in Kitsap County Code Chapter 17.580. 20.41.030 Applicability. This chapter supplements City and County land use regulations and other land protection efforts by establishing a TDR process, which may be employed at a landowner’s option to certify and transfer development rights from an eligible sending site in Kitsap County to an eligible receiving site in Port 85 of 110 Orchard, and which may include transfer through an open market or TDR bank. This chapter regulates the following with respect to the transfer of development rights: 1. Provides a conversion formula to convert County development rights into City building height bonuses. 2. Provides a market-based TDR implementation system based on the issuance of TDR certificates by Kitsap County that may be freely sold or otherwise transferred for use in the City of Port Orchard; 3. Requires the recording of conservation easements that restrict development on sending sites within Kitsap County. 20.41.040 General Requirements. 1. Development Rights. Residential development rights are considered as interests in real property. 2. Transfer of Development Rights Permitted. The number of dwelling units allowed to be constructed on a sending parcel within Kitsap County under Kitsap County Code Section 17.580.050 may be transferred to a receiving parcel within the City pursuant to the conversion provided in subsection 3 of this section. In approving a transfer of development rights to a receiving area within Port Orchard, the decision-maker (depending on permit type) must find that such a transfer is permitted under and consistent with the zoning applicable to the receiving property. A transfer of development rights is allowed only under the provisions in this chapter. 3. Transfer of Development Rights Conversion formula. Each development right (i.e., allowed dwelling unit) sent from a sending area in Kitsap County shall be worth a 1-story (10 foot) height bonus measuring 5,000 square feet on the receiving property within Port Orchard. To illustrate this conversion, if a mixed use storefront building (e.g., with retail on the ground floor and apartments on higher floors) in Port Orchard is proposed with a building footprint of 20,000 square feet at 4 stories, but the zone allows for a height bonus pursuant to the TDR program to increase that height to 5 stories, the purchase of 4 development rights from Kitsap County would allow 1 additional 10-foot story measuring 20,000 square feet, thus increasing the allowed height of proposed building from 4 to 5 stories. 20.41.050 Sending Areas. 1. The City of Port Orchard will rely on Kitsap County sending area designations in place as of [insert date] and additionally shall only accept development rights transferred from properties in zip codes 98366, 98367, 98312, and 98359 in accordance with Kitsap County Code Chapter 17.580. 2. Land already encumbered by a conservation easement shall not be eligible as a TDR sending site. 3. Any land below ordinary high water of any fresh or saltwater body shall not be eligible as a TDR sending site. 4. Development rights allocated to eligible sending sites may be converted to TDR certificates which may be transferred to eligible receiving sites through the TDR transfer process. After completion of the conveyance of a sending site’s development rights, the property shall be maintained in a condition that is consistent with the TDR conservation easement imposed under Kitsap County Code Section 17.580.100. 86 of 110 20.41.060 Sending Site Calculations. The City shall rely on Kitsap County calculations of development rights eligible for transfer from a sending site pursuant to Kitsap County Code Chapter 17.580. 20.41.070 Receiving Areas. Receiving areas within Port Orchard are those properties with a zoning designation that explicitly provides for height bonuses pursuant to this chapter and the development rights conversion formula provided herein. 20.41.080 Use of Transferred Development Rights. Once development rights have been obtained in accordance with Kitsap County Code Chapter 17.580, the County will issue (a) certificate(s) certifying the number of rights purchased and the location from which the rights are being sent. Applicants seeking to use the issued Kitsap County certificate(s) shall submit the certificate(s) with their development permit application for a project to be constructed on an eligible suitably zoned property within Port Orchard. Prior to permit issuance for a project that has been approved pursuant to a TDR height bonus, the certificate shall be conveyed to the City of Port Orchard and extinguished in exchange for the approved height bonus. 87 of 110 Chapter 20.54 NONCONFORMITIESING USES AND STRUCTURES Sections: 20.54.010 Nonconforming uses and structures – Purpose. 20.54.020 Definitions. 20.54.030 Establishing a legal nonconforming building type, lot, use or structure for the record. 20.54.040 Establishing a legal nonconforming lot for the record. 20.54.050 Restrictions on legal nonconforming uses. 20.54.0650 Restrictions on legal nonconforming building types and structures. 20.54.070 Restrictions on legal nonconforming lots. 20.54.0860 Permit required. 20.54.0970 Administration of nonconforming permits. 20.54.10080 Requirements for a complete application. 20.54.110090 Criteria for approval – Permit to establish legal nonconforming building type, use or structure for the record. 20.54.120 Criteria for approval – Permit to establish legal nonconforming lot for the record. 20.54.1300 Final decision on nonconforming permit. 20.54.1410 Appeal of nonconforming permits. 20.54.150 Nonconformities and Build-To-Zone Requirements 20.54.010 Nonconforming uses and structures – Purpose. This chapter provides standards and procedures for identifying nonconforming situations, establishing restrictions on the alteration or expansion of a nonconforming situation, and it also specifies when a nonconforming situation must be brought into compliance with the code. In addition, this chapter also establishes an optional process for a property owner to obtain a determination that a building, use or lotstructure is legally nonconforming so that the property owner may use such determination for purposes of property sale/transfer, or to defend in a code enforcement action. For properties within the city’s shoreline zone, the standards of the city’s shoreline master program also apply, including regulations for nonconforming uses and structures within the shoreline zone. For nonconforming signs, please also see Chapter 20.132 POMC. 20.54.020 Definitions. (1) Nonconforming Building Type. A nonconforming building type is a building type which lawfully existed in a zoning district prior to the adoption of this zoning code, but which is not one of the building types allowed in the current zoning district pursuant toer Chapter 20.32. (2) Nonconforming Lot. A nonconforming lot is a lot which lawfully existed prior to the adoption of this zoning code, but which does not comply with one or more of the lot standards for the applicable zoning district in the current code, such as minimum lot size, minimum lot width or required access. (3) Nonconforming Use. A nonconforming use is a use which lawfully existed in a zoning district prior to the adoption of this zoning code, but which is not one of the uses that is permitted or conditionally permitted in the current zoning district per Chapter 20.39. 88 of 110 (4) Nonconforming Structure. A nonconforming structure is a structure which lawfully existed in a zoning district prior to the adoption of this zoning code, but which does not comply with one or more requirements for the applicable zoning district in the current code for maximum height, minimum setbacks, maximum lot coverage or impervious surface coverage, or design standards. 20.54.030 Establishing a legal nonconforming building type, lot, use or structure for the record. (1) Permit Required. A landowner may establish that he/she has a legalvalid nonconforming building type, use or structure for the record by obtaining the permit described in POMC 20.54.060 through 20.54.090. This process is optional in situations other than code enforcement actions (in which the landowner may choose to utilize the process in order to establish the legality validity of the nonconforming building type, use or structure). (2) Abandonment or Discontinuance. In order to establish a legal nonconforming building type, use or structure, the use or structure must not have been abandoned or discontinued, under the criteria in POMC 20.54.040(3). (3) Destruction. Should a nonconforming building type, use, structure or nonconforming portion of a structure be destroyed by any means to an extent more than 50 percent of its replacement cost at the time of its destruction, as determined by the city building official, it shall be reconstructed only in conformity with this code, and only under the following conditions: (a) a complete application for a building permit (or other applicable permit) is filed with the city within 12 months after the damage occurred, and the permit issues, with not more than one 180-day extension; (b) the cause of the damage or destruction was not the willful act of the owner or the owner’s agent; (c) the cause of the damage or destruction was not due to the ongoing neglect of the owner or the owner’s agent. (4) Enforcement. If a landowner is not able to establish a legally nonconforming building type, use or structure, or, if the city proves that a legal nonconforming building type, use or structure was abandoned or discontinued, then the building type, use or structure may be subject to an enforcement action. In this enforcement action, the landowner will either be required to terminate the use, demolish the building or other structure or conform the building or other structure to the requirements of this code, including the provisions of Chapter 20.02 POMC, Administration and Enforcement. (5) Applicability of New Regulations to Legal Nonconforming Building Types, Uses and Structures. Legal nonconforming building types, uses and structures have only a vested right not to have the building type, use or, structure or other development immediately terminated when a new code provision is adopted that prohibitsprohibiting the building type, use or structure. The building type, use or structure may still be subject to newly adopted reasonable police power regulations. A legal use of land does not become nonconforming because the zone in which it is located is changed to a zoning district which requires a conditional use permit for the use. However, any alteration, expansion or intensification of a use or structure previously approved as a conditional use must follow the process in Chapter 20.50 POMC for approval of a new conditional use permit unless that the zoning change such that the use is now permitted outright. 20.54.040 Establishing a legal nonconforming lot for the record. 89 of 110 (1) Permit Required. A landowner may establish that he/she has a legal nonconforming lot for the record by obtaining the permit described in POMC 20.54.060 through 20.54.090. This process is optional in situations other than code enforcement actions (in which the landowner may choose to utilize the process in order to establish the legality of the nonconforming lot). (42) Enforcement. If a landowner is not able to establish a legally nonconforming lot, then the lot may be subject to an enforcement action. In this enforcement action, the landowner will either be required to establish a legally conforming lot through subdivision, boundary line adjustment, legal adjudication or other legally-accepted method of lot creation, or else abandon the claim to ownership of a legal lot of record, subject to the requirements of this code. (53) Applicability of New Regulations to Legal Nonconforming Lots. Legal nonconforming lots have only a vested right not to have any use, structure or other development immediately terminated when a new code provision is adopted which creates or increases the nonconformity of a lot. The lot may still be subject to newly adopted reasonable police power regulations. 20.54.0540 Restrictions on legal nonconforming uses. (1) Enlargement, Increase, Intensification and Extension Prohibited. A legal nonconforming use may not be enlarged, increased, intensified or extended to occupy a greater area of land or space, including air space, than was occupied at the effective date of adoption or amendment of this code. No additional structure, building or sign shall be constructed on the lot in connection with such nonconforming use of land. (2) Use Cannot Be Moved to New Location. No legal nonconforming use shall be moved in whole or in part to any portion of the building or any lot other than that occupied by such use except where that use is permitted outright at the effective date of adoption or amendment of this code. (3) Change in Use. A nonconforming use cannot be changed to another nonconforming use. A change in tenancy or ownership is not considered a change to another nonconforming use, provided that the use itself remains unchanged. (34) No Discontinuation or Abandonment. In order to retain its legally nonconforming status, the legal nonconforming use of land cannot be discontinued or abandoned for any reason for a period of more than 180 days, or for 18 months in a three-year period. For purposes of calculating the 180-day or 18- month period, a use is discontinued or abandoned upon the occurrence of the first of any of the following events: (a) On the date when the use of land is physically vacated; (b) On the date the use ceases to be actively involved in the sale of merchandise or the provision of services; (c) On the date of termination of any lease or contract under which the nonconforming use has occupied the land; or (d) On the date a request for final reading of water and power meters is made to the applicable utility districts. 90 of 110 (45) Uses which vary seasonally (such as agricultural uses) shall be deemed abandoned if the seasonal use is not utilized during one full season, consistent with the traditional use. (56) Application of Code Criteria and Standards. If the use is discontinued or abandoned for any reason (other than seasonal use as allowed by subsection (4) of this section) for a period of more than 180 days or for 18 months in a three-year period, any subsequent use of land shall conform to the applicable standards and criteria specified by this code for the land use zone district in which such land is located. 20.54.0650 Restrictions on legal nonconforming building types and structures. (1) Alterations and Maintenance. A nonconforming building type or structure may not be enlarged or altered in a way that increases its nonconformity, but any structure or portion thereof may be enlarged or altered in a way that satisfies the current requirements of this code or in a way that will not increase its nonconformity. Ordinary maintenance and repair shall be permitted. (2) Roadway Access. The owner of a nonconforming access connection (i.e., street or highway access) may be required to bring the nonconforming access into conformance with this code and other applicable standards as a condition of the city or other roadway authority approving a new access connection permit, or a landowner’s requested change in land use. (3) Relocation or Removal. Should the nonconforming building type or structure be moved for any reason and by any distance, it shall thereafter conform to the regulations of this code. However, a structure may be moved on the same site without full compliance if the movement reduces the building type or structure’s degree of nonconformity with the code, and if it does not create additional nonconformities. (4) Historic Buildings and Structures. Nothing in this chapter shall prevent the full restoration by reconstruction of a building or structure which is either listed on the National Register of Historic Places, the Washington State Register of Historic Places, or the Washington State Cultural Resource Inventory, as shown in a historical survey meeting the standards of the State Department of Archaeology and Historic Preservation. “Restoration” means reconstruction of the historic building or structure with as nearly the same visual design appearance and materials as is consistent with full compliance with the State Building Code and any code provisions adopted by the city on the subject of historic preservation. The reconstruction of all such historic buildings and structures shall comply with the life safety provisions of the State Building Code. (5) Mobile Homes or Manufactured Homes. Any mobile home or manufactured home located in a residential district which is a legal nonconforming use may be replaced with an approved manufactured home that conforms to the applicable requirements of POMC Title 17 and this title. 20.54.070 Restrictions on legal nonconforming lots. (1) A nonconforming lot may not be altered in size or shape in any way that increases its nonconformity, but it may be altered in a way that satisfies the current requirements of this code or in a way that will not increase its nonconformity. (2) Use of Legal Nonconforming Lot as a Building Site. A legal nonconforming lot may be used as a building site, provided that all other requirements of the applicable zoning district are met or a variance is obtained. 91 of 110 20.54.0860 Permit required. A property owner may obtain a nonconforming permit to establish a legal nonconforming building type, lot, use or structure for the record. This permit is not required, unless the city has brought a code enforcement action relating to the property, or if the property owner desires the permit for another purpose, such as to obtain a building permit consistent with the desired legal nonconforming building type, lot, use/ or structure. In such event, the property owner has the burden to follow the procedures set forth herein to establish that the condition of the property is legally nonconforming. In the case of a code enforcement action, the director may place the code enforcement action in abeyance for a reasonable time in order to allow a property owner to gather the necessary information to demonstrate that the property is legally nonconforming. 20.54.0970 Administration of nonconforming permits. (1) The following steps shall be followed in the processing of nonconforming permits: (a) Determination of complete application (POMC 20.24.050). (b) Determination of consistency (POMC 20.24.090). (c) Notice of decision by director (POMC 20.24.100). (d) Administrative appeal, if any (open record hearing, POMC 20.24.072). (2) Because the processing of these permit applications requires the submission of different information for approval, imposes different burdens on the applicant and the city, and varies in other material respects from the processing of a project permit application, these permits are exempt under RCW 36.70B.140 from all project permit processing requirements (identified in Chapter 20.22 POMC), other than those set forth in this chapter. 20.54.100080 Requirements for a complete application. A complete application for a nonconforming permit application shall include the following items as applicable to each classification of nonconformity (building type, lot, use, structure). Refer to the relevant city application form for numbers of copies of each item that must be included and the type of accompanying electronic submittal that is required (if relevant): (1) Completed application form; (2) Date, name, address, telephone number and email of the applicant; (3) Name, address, telephone number and email of the owner of the property identified in the application; (4) Legal description, street address and assessor’s parcel number of the subject property; (5) The use of the subject property or structure on the subject property that is allegedly legally nonconforming. A dDescription and photographs of existing site conditions, any plans or permit approvals, and/or information relevant to the proposed applicant’s demonstration of a legal nonconforming building type, lot, use/ or structure; 92 of 110 (6) Information demonstrating that (a) the building type, structure or use is not permitted outright under the city’s code, including, but not limited to, the use standards of the current zoning or applicable district; (b) the current zoning code or building code standards for the building type, lot, use or structure are not met; and (c) the use has not been abandoned or discontinued for the period identified in this chapter; (7) Proof of legal nonconforming status, including, but not limited to, planning permits/approvals, building permits, leases, aerial maps showing the structure and footprint, listings in business or phone directories (or directory with a list of businesses and residents referenced by address), etc.; (8) If the application is for a remodel, a complete description of the proposed remodeling relating to such section(s) of the structure or the entire structure; (9) The applicant’s narrative statement describing the manner in which the application satisfies the criteria for approval in the applicable section of this chapter; (10) A SEPA checklist (unless categorically exempt); (11) The application fee established by the city; (12) Any other required information as indicated by city staff in a preapplication meeting. 20.54.11090 Criteria for approval – Permit to establish legal nonconforming building type, use or structure for the record. (1) Criteria. A permit will be approved establishing the legal nonconforming status of the building type, use or structure if the applicant provides sufficient evidence and demonstrates to the director’s satisfaction: (a) That the building type, use or structure satisfies the definition for a legal nonconforming building type, use or structure in this chapter; and (b) That the building type, use or structure has been in existence and maintained continuously, with no interruption that would constitute abandonment or discontinuance under either former or current city codes. (2) Acceptable Documentation. The evidence presented by the applicant may include, but is not limited to, the following as documentation of the existence of a building type, use or structure from a time when it would have been permitted outright and as documentation of its uninterrupted continuation: (a) Signed written statements from persons having no financial interest in the property and who are not relatives of the applicant or property owner. Notarization is not required. (b) Occupancy listing from the Polk directory or reverse telephone directories. (c) Business and/or licensing records. (d) County records showing the previous permitted use if the property was formerly not part of the city. (e) Assessment records. (f) Evidence of more than one electric or gas meter or sewer hookup. 93 of 110 (g) Other evidence that the director deems useful and reliable, based on the circumstances of the individual case. Examples include, but are not limited to, photographs, U.S. Census reports, and signed written statements of experts. (3) It is the responsibility of the applicant to furnish at least two different types of documentation from the sources listed above. The city may, in its discretion, require further documentation if the documentation submitted by the applicant does not demonstrate the existence of the building type, use or structure from a time when it was permitted outright, or fails to show continuous, uninterrupted maintenance of the use. The city may also accept only one type of documentation from the sources listed above, if that documentation is particularly persuasive. Any number of written, signed statements, however, are not sufficient by themselves to document the existence of a building type, use or structure. 20.54.120 Criteria for approval – Permit to establish legal nonconforming lot for the record (1) Criteria. A permit will be approved establishing the legal nonconforming status of a lot if the applicant provides sufficient evidence and demonstrates to the director’s satisfaction that the lot was lawfully created and recorded with the county auditor’s office. (2) Acceptable Documentation. The evidence presented by the applicant may include, but is not limited to, a recorded subdivision, large lot subdivision, testamentary subdivision, short plat or binding site plan; a recorded boundary line adjustment approved by the City if such approval was required at the time of recording; or a legal adjudication requiring the creation of the lot with subsequent recording with the county auditor’s office. 20.54.1300 Final decision on nonconforming permit. Because this procedure is exempt under RCW 36.70B.140, there is no deadline for the city’s issuance of a final decision. 20.54.1410 Appeals of nonconforming permit. If an appeal is filed of the director’s decision, the procedures in POMC 20.24.072 shall be followed. 20.54.150 Nonconformities and Build To Zone Requirements. “Build to zone” requirements may apply to certain development proposals in residential, commercial and mixed-use zoning designations. For information on build to zone requirements and their applicability to a proposal, refer to Chapters 20.34 and 20.35. (1) Building Additions. When an existing building is being expanded and the building doesn’t meet the build-to requirement, the following provisions apply. a. Front. Any addition to the front of the building must be placed in the build-to zone. The addition does not have to meet the build-to percentage for the lot. b. Rear. Rear additions are allowed because the addition does not increase the degree of the nonconformity. (c) Side. Side additions are not allowed because the extension increases the width that is not located in the build-to zone. 94 of 110 (2) New Buildings. When a new building is proposed on a site with an existing building that doesn’t meet the build-to requirement, the following provisions apply: a. Front: All new buildings must be placed in the build-to zone until the build-to percentage for the lot has been met. b. Rear. New buildings located outside of the build-to zone are not allowed until the build-to percentage for the lot has been met. c. Side. New buildings located outside of the build-to zone are not allowed until the build-to percentage for the lot has been met. 95 of 110 Chapter 20.124 DEVELOPMENT STANDARDS – PARKING AND CIRCULATION Sections: 20.124.010 Purpose. 20.124.020 Authority and applicationpplicability and Administration. 20.124.030 Off-street parking spaces requirement. 20.124.040 Shared parking requirements.Bicycle parking required. 20.124.050 Exceptions for community residential facilities (CRF).Accessible parking requirements. 20.124.060 Stacking spaces for drive-through facilities. Handicapped parking requirements. 20.124.070 Transit and rideshare provisions. Stacking spaces for drive-through facilities. 20.124.080 Pedestrian circulation and access. Transit and rideshare provisions. 20.124.090 Off-street parking design standards.Pedestrian circulation and access. 20.124.100 Compact car allowance requirements.Off-street parking design standards. 20.124.120 110 Internal circulation road standards.Compact car allowance requirements. 20.124.130 Internal circulation road standards. 20.124.150 120 DOD Downtown Mixed-Use parking standards. 20.124.240 Repealed. 20.124.250 130 Minimum parking standards. 20.124.260 140 Minimum parking stall dimensions. 20.124.010 Purpose. The (1) Purpose. The purpose of this chapter is to: (1) Ensure that the city’s supply of available parking matches parking demand most of the time; and (2) Encourage the continued development of Port Orchard as a walkable community; and (3) Support the efficient provision of transit services including buses and passenger ferries; and (4) Support transit-oriented development in local centers; (5) Limit the creation of unnecessary new impervious surfaces; and (6) Ensure the efficient use of available and existing parking; and (7) Provide alternatives to single occupant vehicle trips; and (8) Encourage the creation of housing that is affordable to all segments of the population; (9) Provide housing, employment, and commerce opportunities to residents who by choice or other limitation, do not own a car; and (10) Recognize innovations in transportation including car sharing, ride sharing, bike sharing, and other emerging technologies that are likely to change transportation patterns in the future; (11) Recognize that the city’s goals related to the development of walkable local centers is hindered by restrictive parking minimums and that expansion of transit service as an alternative to single occupant vehicle ownership is hindered by the lack of development in local centers. set standards that provide adequate parking for all uses allowed in this section; to reduce demand for parking by encouraging alternative means of transportation including public transit, rideshare, and bicycles; and to increase pedestrian mobility in urban areas by: 96 of 110 (a) Setting minimum off-street parking standards for different land uses that assure safe, convenient, and adequately sized parking facilities within activity centers. (b) Providing incentives to rideshare through preferred parking arrangements. (c) Providing for parking and storage of bicycles. (d) Providing safe direct pedestrian access from public rights-of-way to structures and between developments. (e) Requiring uses which attract large numbers of employees or customers to utilize transit and provide transit stops. 20.124.020 Authority and applicationApplicability and Administration. (1) The City shall not issue any land use approval (including building permits, subdivisions, conditional use permits, binding site plans, short subdivisions, or other similar approvals which have the effect of creating a parking demand) or issue an occupancy permit for any new building or a change in use unless the use complies with the parking requirements found in this chapter. (2) Parking studies prepared by individuals with expertise in traffic and parking analysis may be required at the discretion of the director for unique projects which don’t fit squarely in the land use categories contained herein. The director may require that such studies be evaluated and reviewed by outside experts hired by the city at the developer’s expense prior to city acceptance. (3) Required parking may be provided off-site if contracts and/or deed restrictions are provided to ensure the satisfaction of the minimum parking quantity requirements found in this chapter in perpetuity. Should the parking quantity requirements found in this chapter change, a contract and/or deed restriction may be amended by agreement with the city so long as minimum parking quantity requirements continue to be met under the new standard. (1) Before an occupancy permit may be granted for any new or enlarged building or to a change to a different use in any existing building that involves additional parking, the use shall be required to meet the provisions of this chapter. (2) Parking studies by individuals with expertise in traffic and parking analysis may be required by the planning director. If this chapter does not specify a parking requirement for a land use, the planning director shall establish the minimum requirement based on a study of anticipated parking demand. In the study, the applicant shall provide sufficient information to demonstrate that the parking demand for a specific land use will be satisfied. (3) If the required amount of off-street parking has been proposed to be provided off site, the applicant shall provide written contracts with affected landowners showing that required off-street parking shall be provided in a manner consistent with the provisions of this chapter. The contracts shall be reviewed by the planning director for compliance with this chapter, and if approved, the contracts shall be recorded with the Kitsap County auditor as a deed restriction on the title to all applicable properties. These deed restrictions may not be revoked or modified without authorization by the planning director or planning commission. (4) Development along both sides of Bay Street from the crosswalk at Harrison Avenue to Orchard Avenue is exempt from the parking requirements of this chapter. (5) In lieu of on-site parking, bed and breakfast facilities may obtain an on-street parking permit to satisfy the facility’s minimum parking requirements as follows: (a) Applicant for any on-street parking permit complies with the provisions of Chapter 10.14 POMC. (b) No more than three on-street parking permits are issued per facility. (c) For each on-street parking permit requested, applicant establishes to the satisfaction of the city planning director that on-site parking is not feasible. 97 of 110 (d) Applicant satisfies all other requirements for bed and breakfast facilities as required by city code or ordinance. 20.124.030 Off-street parking spaces requirement. (1) Off-street parking areas shall contain at a minimum the number of vehicle and bicycle parking spaces set forth in Table Section 20.124.250130. Off-street parking ratios expressed as number of spaces per square feet means the gross square footage of floor area. If the formula for determining the number of off-street parking spaces results in a fraction, the number of off-street parking spaces shall be rounded to the nearest whole number with fractions of 0.50 or greater rounding up and fractions below 0.50 rounding down. (2) An applicant may request a modification of the minimum required number of parking spaces by substantiating that parking demand can be met with a reduced parking requirement. In such cases, the planning director may approve a reduction of up to 50 percent of the minimum required number of spaces.submitting an application for an administrative variance type 2 pursuant to POMC 20.28. amount of required off-street parking may be reduced by an amount determined by the director when shared parking facilities for two or more uses are proposed, provided: (1) The total parking area exceeds 5,000 square feet. (2) The parking facilities are designed and developed as a single on-site common parking facility, or as a system of on-site and off-site facilities, if all facilities are connected with improved pedestrian paths. (3) No building or use involved is more than 1,000 feet from the most remote shared facility. (4) The amount of the reduction shall not exceed 10 percent for each use, unless: (a) The normal hours of operation for each use are separated by at least one hour; or (b) A parking demand study is prepared by a qualified individual and submitted by the applicant documenting that the hours of actual parking demand for the proposed uses will not conflict and that uses will be served by adequate parking if shared parking reductions are authorized. (5) The total number of parking spaces in the common parking facility is not less than the minimum required spaces for either use. (6) A covenant or other contract for shared parking between the cooperating property owners shall be approved by the planning director. This covenant or contract must be recorded with the Kitsap County auditor as a deed restriction on both properties and cannot be modified or revoked without the consent of the planning director. (7) If any requirements for shared parking are violated, the affected property owners shall provide a remedy satisfactory to the planning director or provide the full amount of required off-street parking for each use, in accordance with the requirements of this chapter. (33) When the city has received a shell-and-core building permit application, off-street parking requirements shall be based on the possible tenant improvements or uses authorized by the zone designation and compatible with the limitations of the shell-and-core permit. When the range of possible uses result in different parking requirements, the planning director will establish the amount of required parking based on a likely range of uses. 20.124.040 Bicycle parking required. (461) Bicycle parking facilities shall be provided for new buildings or facilities, additions to or enlargements of existing buildings, or for changes in the use of buildings or facilities that result in the 98 of 110 need for additional auto parking facilities in accordance with the parking requirements in 20.124.020 and where required in table, Section 20.124.1230. The director is authorized to approve modifications to these standards when the applicant successfully demonstrates that the proposed alternative layout, location, design or type of racking meets the intent of these standards. (2) The number of required bicycle parking spaces shall be calculated as shown in table, Section 20.124.1230. Where the calculation of the required bicycle parking results in fractions of spaces, the number of spaces shall be rounded to the next highest whole number for fractions of 0.5 or greater. (3) A. Individual bicycle parking spaces shall be a minimum of seventy-five inches long by twenty-four inches wide for each space. Where double-sided multi-racks are utilized resulting in overlapping of bicycle parking spaces, the minimum bicycle parking space for two bicycles shall be one hundred inches long by thirty-six inches wide. (4) Bicycle parking racks shall be located in areas visible from public right-of-way and, shall be provided with adequate lighting if intended for use after dark A minimum of fifty percent of the required number of bicycle parking spaces shall be located within fifty feet of a public entrance to the building requiring bicycle parking spaces. (5) Bicycle parking racks shall support the bikes in a stable, upright position, without damage to wheels, frame or other components. (6) Bicycle parking racks shall support the frame of the bicycle at two points of contact and at least one wheel. Racks shall allow the frame and one wheel to be locked to the rack, regardless of whether the front wheel is removed or not. Racks shall be securely anchored. Racks shall accommodate a wide variety of sizes and types of bicycles, including those with water bottles or without kick stands. (7) Bicycle parking racks shall be permanently mounted/installed within private property on solid surfaces. Racks placed adjacent to sidewalks shall not encroach upon required pedestrian access ways, accessible routes or accessible passing space areas. (8) Access shall be provided to each required bicycle parking space. Aisles shall have a width of at least three feet to the front, rear or side of the bicycle parking spaces. (9) Racks shall be placed a minimum of twenty-four inches away from walls and other elements that may create an obstacle to accessing the bike parking spaces. (10) Where the required bicycle parking spaces cannot be properly located upon the property generating the need for bicycle parking, the owner or applicant of the property generating the need for bicycle parking may apply for shared parking per 20.124.030apply for or a street use from the city for permission to locate the bicycle parking on city right-of-way. (11) New and existing building and facilities may substitute up to ten percent of the required vehicular spaces for additional bike parking. Substitutions shall be made based on one vehicular parking space for at least six bicycle parking spaces. Bicycle parking may shall be required in accordance with the following provisions: (a) Off-street parking areas shall contain at least one bicycle parking space except as follows: (i) The director may reduce or eliminate bike rack parking facilities for patrons when it is demonstrated that bicycle activity will not occur at that location or is not safely accessible. (ii) The director may require additional spaces when it is determined that the use or its location will generate a high volume of bicycle activity. Such a determination will include but not be limited to the following uses: (A) Park and playfield; (B) Marina; (C) Library, museum, or arboretum; (D) Elementary or secondary school; (E) Sports club; or 99 of 110 (F) Retail business, when located along a developed bicycle trail or designated bicycle route. (b) Bicycle facilities for patrons shall be located on site and shall be designed to allow either a bicycle frame or wheels to be locked. (c) All bicycle parking and storage shall be located in safe, visible areas that do not impede pedestrian or vehicle traffic flow, and shall be well lighted for nighttime use. 20.124.040 Shared parking requirements. The amount of required off-street parking may be reduced by an amount determined by the director when shared parking facilities for two or more uses are proposed, provided: (1) The total parking area exceeds 5,000 square feet. (2) The parking facilities are designed and developed as a single on-site common parking facility, or as a system of on-site and off-site facilities, if all facilities are connected with improved pedestrian paths. (3) No building or use involved is more than 1,000 feet from the most remote shared facility. (4) The amount of the reduction shall not exceed 10 percent for each use, unless: (a) The normal hours of operation for each use are separated by at least one hour; or (b) A parking demand study is prepared by a qualified individual and submitted by the applicant documenting that the hours of actual parking demand for the proposed uses will not conflict and that uses will be served by adequate parking if shared parking reductions are authorized. (5) The total number of parking spaces in the common parking facility is not less than the minimum required spaces for either use. (6) A covenant or other contract for shared parking between the cooperating property owners shall be approved by the planning director. This covenant or contract must be recorded with the Kitsap County auditor as a deed restriction on both properties and cannot be modified or revoked without the consent of the planning director. (7) If any requirements for shared parking are violated, the affected property owners shall provide a remedy satisfactory to the planning director or provide the full amount of required off-street parking for each use, in accordance with the requirements of this chapter. 20.124.050 Exceptions for community residential facilities (CRF). (1) The requirement for off-street parking space per bedroom may be reduced to no less than 50 percent of the requirement per bedroom, as determined by the planning director based on one or more of the following considerations: (a) Availability of private, convenient transportation services to meet the needs of the CRF residents. (b) Accessibility to and frequency of public transportation. (c) Pedestrian access to health, medical, and shopping facilities. (2) If a CRF facility is no longer used for such purposes, additional off-street parking spaces shall be required in compliance with this chapter prior to the issuance of a new certificate of occupancy. 20.124.060 050 Handicapped Accessible parking requirements. Off-street parking and access for accessible physically handicapped personsparking shall be provided in accordance with the current Revised Code of Washingtonthe Americans with Disabilities Act of 1990, or as subsequently amended, and all sState and fFederal standards including but not limited to the minimum number of standard and van accessible spaces based on the total off-street parking facility size. 20.124.070 060 Stacking spaces for drive-through facilities. 100 of 110 (1) A stacking space shall be an area measuring eight feet by 20 feet with direct forward access to a service window of a drive-through facility. A stacking space shall be located to prevent any vehicle from extending onto the public right-of-way or interfering with any pedestrian circulation, traffic maneuvering, or other parking space areas. Stacking spaces for drive-through or drive-in uses may not be counted as required parking spaces, except as defined in POMC 20.124.030. (2) Uses providing drive-up or drive-through services shall provide vehicle stacking spaces in the following serial or combined sequence per lane of drive-up window; such required spaces shall include the drive-up window space itself: (a) For each service window of a drive-through restaurant, a minimum of five stacking spaces shall be provided. (b) For all other uses, each drive-up window requires a minimum of three stacking spaces. (c) The director may require a vehicle stacking study for proposals if evidence exists to indicate that more than the minimum stacking spaces under sections a and b above are required to serve a particular use or development. (3) Stacking spaces shall be screened from the right of way and adjacent properties using a 5 foot type A or B landscape buffer as described in POMC 20.128.060. 20.124.080 070 Transit and rideshare provisions. To support the use of ridesharing as an alternative mode of transportation that will aid the city in its efforts to reduce air pollution, traffic congestion, and fossil fuel consumption, the following shall apply: (1) All land uses with 25 employees working at any given work site during a single work shift listed under the government/business services and manufacturing tables shall be required to reserve parking spaces for registered rideshare vehicle parking as follows: (a) There shall be a minimum of one open parking space reserved for an employee rideshare vehicle, and all registered rideshare vehicles shall have a reserved parking space. (b) A vehicle parked in a rideshare vehicle only parking space must be registered in Kitsap Transit’s countywide public rideshare vehicle registration program, qualify as a rideshare vehicle as defined by Kitsap Transit, and display a valid car/vanpool pass. (c) Each rideshare vehicle parking space shall be clearly labeled with a Kitsap Transit carpool or vanpool parking sign. (d) Except for disabled parking spaces, rideshare vehicle parking spaces shall be located closer to the primary employee entrance than any other employee parking spaces. (2) When one or more scheduled transit routes provide service within 660 feet of the employment site and there is designated pedestrian access, the planning director may reduce the number of required off- street parking spaces. (3) All uses which are located on an existing transit route and are required under the computation for required off-street parking to provide more than 200 parking spaces may be required to provide transit shelters, bus turnout lanes or other transit improvements as a condition of permit approval. Uses that reduce required parking pursuant to subsection (2) of this section may provide transit shelters if transit routes adjoin the site. 20.124.090 080 Pedestrian circulation and access. The following general pedestrian design standards shall apply to all developments throughout the city in addition to those outlined elsewhere within the special design districts: (1) All uses, except single-family detached buildings, shall provide pedestrian access onto the site. Pedestrian access shall be located as follows: (a) Access points at property edges and to adjacent lots shall be coordinated with the existing development to provide circulation patterns between development sites. Pedestrian access to 101 of 110 adjacent lots shall not be required if the topography is greater than three percent between the lots. (b) Residential developments shall provide links between cul-de-sacs or groups of buildings to allow pedestrian access from within the development and from adjacent developments to activity centers, parks, common tracts, open spaces, schools or other public facilities, transit stops, and public streets. (2) Pedestrian walkways shall minimize the conflict between pedestrians and traffic at all points of pedestrian access to on-site parking and building entrances as follows: (a) All developments which contain more than one building shall provide walkways between the principal entrances of the buildings. (b) Pedestrian walkways across parking areas shall be located as either one of the following: (i) Walkways running parallel to the parking rows shall be provided at a minimum of every two parking lot aisles. (ii) Walkways running perpendicular to the parking rows shall be no further apart than 25 parking spaces. (3) Pedestrian access and walkways shall meet the following minimum design standards: (a) Access and walkways shall be physically separated from driveways and parking spaces by landscaping, berms, barriers, grade separation or other means to protect pedestrians from vehicular traffic. Lighting may be required. (b) Access and walkways shall be a minimum of 60 inches of unobstructed width and meet the surfacing standards of the Port Orchard road standards for walkways or sidewalks. (c) Access shall be usable by mobility-impaired persons and shall be designed and constructed to be easily located by the sight-impaired pedestrian by grade change, texture or other equivalent means. (d) A crosswalk shall be required when a walkway crosses a driveway or a paved area accessible to vehicles. (e) Wherever walkways are provided, raised crosswalks or speed bumps may be located at all points where a walkway crosses the lane of vehicle travel. 20.124.100 090 Off-street parking design standards. (1) The most distant parking space shall not be located more than 500 1000 feet away from the nearest building entrance it is required to serve. Where the off-street parking areas do not abut the buildings they serve, the required maximum distance shall be measured from the nearest building entrance that the parking area serves: (a) For all nonresidential uses permitted in residential zones, the parking spaces shall be located on the same lot they are required to serve and at least a portion of parking areas shall be located within 150 feet from the nearest building entrance they are required to serve. (b) For all uses permitted within downtown mixed use district (Mxd)In designated local centers, the required parking spaces may be located on consolidated off-site parking lots distributed at accessible locations about the downtown districtwithin the center. (2) Minimum parking space and aisle dimensions shall be determined by the planning director. Regardless of the parking angle, one-way aisles shall be at least 10 feet wide, and two-way aisles shall be at least 20 feet wide. Parking plans for angle parking shall use space widths no less than eight feet, six inches for a standard parking space design and eight feet for a compact car parking space design. (3) Any parking spaces abutting a landscaped area on the driver or passenger side of the vehicle shall provide an additional 18 inches above the minimum space width requirement to provide a place to step other than in the landscaped area. The additional width shall be separated from the adjacent parking 102 of 110 space by a parking space division stripe. The parking space depth may be reduced when vehicles overhang a walkway under the following conditions: (a) Wheelstops or curbs are installed. (b) The remaining walkway provides a minimum of 60 inches of unimpeded passageway for pedestrians. (4) The amount of space depth reduction is limited to a maximum of 18 inches. (5) Ingress and egress between off-street parking areas and abutting streets shall be designed, located, and constructed in accordance with Port Orchard street standards. (65) Lighting of off-street parking areas shall be provided for safety of traffic and pedestrian circulation on the site, as specified in the International Building Code. Lighting shall be designed to minimize direct illumination of abutting properties and adjacent streets. The planning director shall have the authority to waive the requirement to providedetermine lighting requirements including requiring the preparation of lighting plans to determine the adequacy of onsite lighting as wells as the off-site lighting impacts. (76) Tandem or end-to-end parking is allowed in single-family detached residential developments. Driveways crossing required setback areas may be used for parking when serving single-family detached dwellings but shall not be considered for purposes of calculating required parking. Attached single- family and multifamily developments may have tandem parking areas for each dwelling unit but shall not combine parking for separate dwelling units in tandem parking areas. (87) All required vehicle parking and maneuvering areas serving a development activity must be on a paved surfaceshall be an asphalt or concrete surface, except in industrial zones where only required vehicle parking and related maneuvering areas must be paved. (98) Low Impact Development (LID) best management practices (BMPs) shall be used for all parking lot design and construction, unless site and soil conditions make LID infeasible as determined by the city. LID BMPs for parking lot design and construction include, but are not limited to: (a) Pervious surfacing; (b) Integrating stormwater management facilities, such as bioretention swales, with required parking lot landscaping; and (c) Using native species in the landscape design. (d) LID BMPs shall be designed and constructed in accordance with the LID Technical Guidance Manual for Puget Sound (current edition). 20.124.120 100 Compact car allowance requirements. Subject to planning director review and approval, up to 40 percent of the total number of spaces to be provided in any development may be sized to accommodate compact cars. Aisle widths shall conform to the standards set for standard size cars. 20.124.130 110 Internal circulation road standards. Internal access roads to off-street parking areas shall conform with or exceed the surfacing and design requirements for private roads set in theof the most recent adopted edition of the Port Orchard road standardsPublic Works Design Standards manual. 20.124.150 120 DOD parking standardsDowntown Mixed-Use Parking Standards. Except as otherwise provided in this section, development within the central DODDowntown Mixed-Use Zone (DMU) shall provide parking in accordance with the off-street parking requirements set forth in this chapter. If the formula for determining the number of parking spaces results in a fraction, the number of parking spaces shall be rounded to the nearest whole number with fractions of 0.50 or greater rounding up and fractions below 0.50 rounding down. 103 of 110 (1) Parking shall not be required for ground floor uses abutting Bay Street between Orchard Avenue and Harrison Avenue. (2) For multifamily residential uses in the DMU zone, the off-street parking standard shall be a minimum of one and one-half parking spaces for each dwelling unit, regardless of the number of bedrooms. (2) For nonresidential uses, the off-street parking standard shall be a minimum of one parking space per 300 gross square feet of floor area, except as otherwise provided in Table 20.124.250, as now or hereafter amended. (3) No new street level parking lot or parking garage that fronts directly on Bay Street shall be allowed between Bank Robert Geiger Street and Seattle Avenue. (4) In the event that a building is located on a waterfront lot, parking shall be located to the side of the building and not between the building and the water. (54) Exemptions. The following uses and buildings within the central DODDMU Zone shall be exempt from the parking standards set forth in these regulations and the land use and development regulatory codethis chapter:. (a) Existing uses buildings and uses along both sides of Bay Street from the crosswalk at Bank StreetOrchard Avenue to Seattle Avenue shall be exempt from the parking requirements set forth in these regulations and the land use and development regulatory codethis chapter. (b) New ground floor uses shall be exempt from the parking requirements set forth in these regulations. (c) New development above the ground floor shall be exempt from the parking requirements set forth in these regulations only if (i) the floor area of the new or remodeled building is equal to or less than the floor area of the building that is present when these regulations become effective, and (ii) the use(s) remains the same. (6) In Lieu Payment. (a) In lieu of furnishing the parking spaces required in subsections (1) and (2) of this section, the requirements thereof may be satisfied by paying the city treasurer, prior to the issuance of a building permit, a sum of money for each parking space required. The amount of the fee to be paid in lieu shall be set by the city council in its sole discretion and shall incorporate current values for the purchase of land, construction, and ongoing maintenance of off-street parking spaces, or on a rental fee for each required space. (b) Sums so paid shall be deposited by the city treasurer in a special fund to be designated “city of Port Orchard off-street parking cumulative fund.” The city council may from time to time direct that other moneys be transferred into the fund to be used for the purposes of the fund. The fund shall be used exclusively for acquiring, planning, designing, developing, financing, and maintaining off-street parking facilities by purchase or lease for use by the central DOD area, all consistent with the transportation improvement plan adopted or thereafter amended by the city council. (7) Screening of Parking. The street-facing, ground level facades of parking lots or garages shall be designed to obstruct the view of parked cars from public rights-of-way. Where commercial or residential space is not available to accomplish this, features such as planters, decorative grilles, or works of art shall be used. 20.124.250 130 Minimum parking standards. (1) Vehicle parking minimum quantities shall be provided in accordance with table 20.124.130 (1) below. 104 of 110 Land Use Unit of Measure Minimum Off-Street Parking Requirement Supplemental Parking Requirement Additional 0ff-street Parking required when lot does not have adjacent public on-street parking Residential Uses Single-family detached (including manufactured homes, mobile homes) Per Dwelling 2.0 1.0 Two-family Per Dwelling 2.0 1.0 Single-family attached (2 units) Per Dwelling 2.0 1.0 Single-family attached, multifamily: Studio Per Studio Dwelling 1.25 .25 One Bedroom Per One Bedroom Dwelling 1.5 .25 Two Bedroom Per Two Bedroom Dwelling 1.75 .25 Three Plus Bedroom Per Three Plus Bedroom Dwelling 2 .25 Boarding House Per Bedroom .5 .25 Congregate Living Facilities Per Bedroom Lodging House Group home (up to 8 residents), except as follows: Per Bedroom .5 Adult Family Home Per Adult Family Home 2 Plus .5 spaces per bed. 1.0 All group living (9 or more residents) Per Bed .5 .25 per bed 105 of 110 All social service Per Bed/Per 300 square feet office .5 per bed and 1 per 300 square feet office Public Uses All civic uses, except as listed below: Per 300 square feet office 1.0 Community college, high school, university, trade or technical school Per Class Room 1.0 Plus 1 per 5 students Elementary, Middle, or Junior High School Per Class Room 1.0 Plus 1 per 50 students Club or lodge Per 3 Fixed Seats 1.0 Place of worship Per 3 Fixed Seats 1.0 All open space and park uses, except as listed below: Golf course Per hole 1.0 All utilities No Min Commercial Uses All day care Per 1,000 square feet 2.0 All indoor recreation, except as listed below: Per 1,000 square feet 1.0 Shooting range Per Target 1.0 Bowling Alley Per Lane 3.0 All outdoor recreation, except as listed below: Determined during application Shooting range Per Target 1.0 All overnight lodging Per Room available for overnight use by guests 1.0 106 of 110 All medical: Per 1,000 square feet 2.0 All office Per 1,000 square feet 2.0 All personal and business services Per 1,000 square feet 2.0 All restaurants, (except that taverns, bars, and portions of buildings within restaurants primarily used for the consumption of alcohol shall not require any vehicle parking or be included in minimum parking calculations) Per 1,000 square feet 5.0 All retail sales Per 1,000 square feet 2.0 All vehicle and tool/construction equipment sales and rentals Per 1,000 square feet 2.0 All vehicle service and repair Per 1,000 square feet 1.0 Industrial Uses All light manufacturing Per 1,000 square feet 1.0 All research and development Per 1,000 square feet 1.0 All warehouse, storage and distribution, as listed below: Per 1,000 square feet 2.0 (2) Bicycle parking minimum quantities shall be provided in accordance with table 20.124.130 (2) below. In no case is a single use required to provide more than 24 bicycle parking spaces. Land Use Unit of Measure Minimum Off-Street Bicycle Parking Requirement Residential Uses Multi-family (5 or more Per 1.0 107 of 110 units Dwelling All other household living None Required All group living Per bed .125 Public Uses All Civic Percentage of Required Vehicle Parking 5% with a minimum of 3 spaces All Parks and Recreation None Required All Utilities None Required 2 Commercial Uses All day care Percentage of Required Vehicle Parking 5% of total Minimum Off-Street Parking Requirement (minimum 3) All indoor recreation All outdoor recreation, except as listed below: All overnight lodging All medical: All office All personal and business services All restaurants All retail sales All vehicle and tool/construction equipment sales and rentals All vehicle service and repair Industrial Uses All light manufacturing Percentage of Required Vehicle Parking 5% of total Minimum Off-Street Parking Requirement (minimum 3) All research and development All warehouse, storage and distribution, as listed below: 108 of 110 20.124.260 140 Minimum parking stall dimensions. Table 20.124.260130 Minimum Parking Stall Dimensions Minimum Parking Stall Dimensions Stall Width Stall Depth Compact stall 8.0 feet 16.0 feet Standard stall (required for single-family and duplex parking) 9.0 feet 20.0 feet Minimum Loading Requirements Unit of Measurement Minimum Loading Spaces Nonresidential Buildings with Retail, Wholesale, Manufacturing, Storage Uses (1) 10,000 – 16,000 square feet 1.0 16,001 – 40,000 square feet 2.0 40,001 – 64,000 square feet 3.0 64,001 – 96,000 square feet 4.0 96,001 – 128,000 square feet 5.0 128,001 – 160,000 square feet 6.0 160,001 – 196,000 square feet 7.0 Each additional 36,000 square feet 2.0 Retail, Hotel, Office, Restaurant, Hospital, Auditorium, Convention Hall, Exhibition Hall, Sports Arena/Stadium or Similar 40,000 – 60,000 square feet 1.0 60,001 – 160,000 square feet 2.0 160,001 – 264,000 square feet 3.0 264,001 – 388,000 square feet 4.0 388,001 – 520,000 square feet 5.0 520,001 – 652,000 square feet 6.0 652,001 – 784,000 square feet 7.0 784,001 – 920,000 square feet 8.0 Each additional 140,000 square feet 1.0 (1) Excluding self-service storage facilities. 109 of 110 S i n c l a i r I n l e t HENRY HANSONCHARLESTONSIDNEYADMIRALTY HEIGHTS FRONTAGEHAMILTONUN N A M E D LOVELL MILE HILL STAT E H W Y 1 6 FIRCRESTSIDNEYANDERSON HILLBETHELKIDDMCC O R M I C K W O O D S DECATU R BETHELVALLEYBETHEL CA S T L E T O N HARRISONSTATE HWY 304KELOWNAHIGGINSHAWKSTONEOLD CLIFTONSTATE HWY 3PAYSENOKARCHERNORTH LUMSDEN CASTLETONROOSEVELTLONGV IEW COMPASSR U T H E R F O R D ADA JACKSONDECATURFERNSWEANY VILLATURLEYSCOTLAND LEADERINTERNATIONALKENMORE HOPI JOYCE FLAIZ ROOSEVELTSUNN FJORD JEFFERSONHAWTHORNEEARHART GUYWETZ E L MADRONASMITH CALEBFOX GLOVE L A PU SH BAY WALES MITCHELLCHIVESURREYWILK I N S HARRISONADVANTAGEMALIBUDWIGHTCOTTMAN LAKE FLORATAMARA C KTRACYCLINE PANCHOVILLAGINSENG DAVIS MACCUBBINSOUTH FRONE REGENCYMARITIMELAUREL SHERMANCEDAR KENDALL ANDASIOOURHEATHERST ANDREW S LANDOVERST PAULSGUI L D F O R E HOLLY SPICEWOOD TENNIS ST ANNS MELCHER LONGBRANCHHILLINGTONALONAH STATE HWY 3 HARRISONMALOTTLAZULI PINE CONESANDBAR DEKALB CONVERSE FLOWER MEADOWSPORT ORCHARDFAIRHARBORPROSPECT ABDULAFIREWEEDDISCOVERY COPPER CREEK KODAFLOWER RUBYYORKSHIRE ONALASKAMCCARYORCHARDMAPLE PO R T1ST CONIFER PARK CORONETSROUFE ROCKWELLOYSTERBAYRIVERSIDESTATEHWY 16EB OFF PUGET S O U N D NAUTICALKELBYMAY HARBOR DUTCHESSCONVERSE BASILSEATTLE KELBYANDOVERBAYHUNTINGTON SERENADE SMALLEY SALMONBERRY ANNIES CONVERSE BERGER REG E N C Y KITSAP STATE HWY 3BERGERBRANSON ROBERTGEIGER1ST SAM CHRISTOPHERSONFRONTFERNWOODBECKY BALSAMFIR T O B E R M O R Y LL O Y D MAHALI LIDSTROM HILL SWEANYFREDERICK NOVAKHASTI N G SVALENTINEGUY WETZEL PICKFORDS EQUO I A VALE KINSLEY ATKINSONRUTHERFORD BRANSONSENECA VILLA CARMEL GUTHRIE UPCHURCH 4TH ST R A T H M O R E WHITTIERLUNDAHERN ZACHARY GALEEL WARBLER CONVERSE DWIGHT WESTSIDNEYHAYWARDQUA R R Y MALTESE SILKTASSEL CHANTINGAZTEC GREENGATECHARLESTONBEACHDONNA CASECOOLD CLIFTO N BERGER GIVENS TREMONT JONES ARNOLDPHILLIPSGARRISONCABRINIMUIR SUMMIT CHATTERTONWOLVES MORTON DIVISION BELLINGHAMRITZ BAYC R E S T CEDAR CANYONMAHA N MURRELETCHEST E R SWIFTLODGEPOLEPAR FORECO L B E R T LA DONNA EASTWOODPARKBUCKINGHAM HARRIET STATI O N PERDEMCO TAYLOR GREBE MAHALIDEKALB VISTA RAMACLEVELAND DIVISION STOC K T O N TROO N TAYLOR OLYMPICSUTTONGRANDRIDGEHARDINGSKYLINEBANDERAWESTMINSTERA W A T E R STATE HWY 16LEORA PARK EMPRESS ANDERSON3RD PHIPPS ROXBURGHELOWRENSCHERMERHORNNAUTICAL COVE CANTERBURYSHORTSISKINORLANDO MILEHILLBARTO L A T Z BECK ASHRIDGEE A G L E C R E S T DEKALB HI L L R I D G E ZIRCON AZALEA HASTINGS GRANDRIDGETAYLOR MAPLE CRESTRETSILSQUARELAKEW E S T M I N S T E R KCVELADANAPORTSIDENOR T H V A N D E C A R WINDSORHARRISONCHA W L A RAINSHADOW CA R L P I C K E L PHILLIPSHIGHEVER E T T WESTCOLES AU S T I N GALWAYKRISTA SAMNICHOLS THIMBLEBERRYSTETSONREDWOOD WIGEONHALESSTARLETSINCLAIR VIEW HAROLDCAROLGLENNHIGHVIEWSTARBOARDPINE TREEDUSTY CH O W C H I L L A UNNAMED TIFFANY TIBURON HEPBURN AUSTINHOWARDDIONASSEDGWICKAUSTINHARRISONHULL VANCOUVERGRANT1ST GARFIELDGILLETTEBILLCELESTESAXON JABIR I N MELCHER SEATTLEESSEXWESTARCELESTEALDER ABI G A I L JERRY OLYMPIA CARMAE ALPHAUNNAMED CAMELLIA DESOTOGLENWOODTENBY VALE CHASEHIDDEN TERRACETAYLOR HIGGINSVIOLETVAUGHNLODGEPOLEWESTDOWNING LUMSDENMEDALLION LANCASTER SHELTON KE L L S COLVEA DEKALB 2ND RUS T L E W O O D DUND E E CAMERON BERRY LAKE CASAN D R A LAURASHERMANMCCALLMYSTERYFEIGLEYDIVISIONSWEANY CARNATIONCOLVEA KENDALL PLEASANT GRANTHOLMESABERNATHY FERN VISTA MCKINLEYCEDARRIDGEDIAM O N D2ND GARDENSMITH GAZEBO DIVISION DRAGONWARNERHAWTHORNEHID D E N CR E E K CAMPBELL DWIGHT BIRCH3RDCHASEWOOD WILLOW IRVIN ROSE ASHKENT CALAVERAS MARCIA CALEBHARRISONKITSAP KELPCLAY SAGE S O L I D POTTERYCONVERSERIDGEWAYDUCHESSMAPLEFAY ILLINOIS MELCHER LANCASHIRE CRAWFORD COLUSA PIONEERSALMONBERRY OREGON LIDSTROMFREIGHTERKENMOREKELLSBERWICKOAKHURSTSTATEHWY 16 EBOFFRED FOX RAMSEYWENDELLKELBY EDWARDSWINDYSONG CROSSWAYVIVIAN ECHO ORLAND O LAWR E N C E EGRET SHAWNVIKINGCLOVERVALLEYSEAHAWKS PROSP E C TCHARLESTONBEACH RED SPRUCE HOOVERCEDARCRESCENTSNOWRIDGEM C C O R M I C K W O O D S G R E E N D A L EBAYVIEW FANTAILMARITIMES I L V E R V I EW ANDASIO COMPASSBIRCHCEDAR LAND I S ELWOOD MORITZ LORI LINDAFARRAGUT FAIRWAYPACIFICFIRSBRADYARDENWALDLINCOLN MARYMACSTANWICK BLACKBERRYHILLCRESTWILLIAMS PHILLIPSKILLEENMOOREA OURBRASCHBETHELVALLEY WESTSTATEHWY304 FAIRWINDS PENNSWOOD ARIE K E N F I G LIDSTROMGOLDMAUR GRANAT SUMMER AMELIA LA LINDAFISCAL GRANDFIRALSONDEL TORMEYSTEWBURNER KERRI GREENTREESUNSET BOTHWELL FLOWERWESTWOODPINE TREE WYNSTONE B A L T R A Y TR A V E R A LAFOLLETTE POLARSTAR RUSSELLDURANDWATERSINCLAIRBETHEL VALLEY CELEBRITY LODGEPOLEWATERSHED CARRLI M E R I C K CEDARVALE ALDERROYALWOOD GL E N M O R E PLISKO RIFLEBIRDPLYMOUTH WASHINGTON OK A N O G A N CARMAESOUND RIDGEVIRIDIAN VAN SKIVER SHIPVIEW CANYONJUNIPER BELFORDWESTTRE M O N T SK M A L L ACCE S S F O X W O O D LAGUNACHESTERTON GLENEAGLEGREENBRIAR SHA M R O C K BONNIEVILLEROLANDZIONCREEK VIEWGOLDENROD BIRCH SAGEAUDREYWILKINSSPOKANEBELFAIR VALLEY INDIGOPOINTELUNDBERG HOR S T M A NEVANS INDEPENDENCEREDEMPTIONART MIKELSENFOREST PARKTACOMA PORTLANDBEECHCRESTCATHIE PIPERBERRY WHITE CEDARHERSHEYHARRIET RAINBOW RIDGESAND DOLLAR THORSONGARRISONDALEA CASTLEWOOD YOSEMITEDALLASPIERSON HA Y W O R T HLONE BEARSALMONBERRYAIKENSTARVIEW GARRISONDEAN LOVELL RHAPSODYFLOWERFRONTAGE SPRAGUE DEVONSHIRE TIDEPOOLHILLSKIPPIN STONEBRAMETURLEYTOBERMORYFRE E D O M C A L I S T O G A KE L O W N A GROVEWOOD RADEY BEAUTY LAKECLAIR EISENHOWERDUNR A V E N COURAGEHANSON VAN DECARNAVIGATION GRANDHAVENJOSHUA ARLINGTONELLIS CLOVER VALLEY HERONRIDGE MANSFIELDGRIFFITHSJARSTAD RIDGE ROCK MCCOOLOLIVINEMARBE T H CONVERSEEMELIAEHLERT WOODSFRONTAGELIPPERT LIDERVISTA FIRCRESTKEPPELOBRIANBEACHPROSPECT JASONOL N E Y FRONETAFT BENS BAKKENAHLSTROMBRAVOCRESTH I G H E R G RO U N D CAMAS STATE HWY 16 KARLISTATE HWY 16CANYONJOSLING R A N A D A HUDSON PARKSTONEBLUEBERRY DOGWOOD POPLAR GOLDEN POND FLOWER MEADOWSJAYBIRDSUNSHINE HARPERRICHMOND AIKENDURFEY STATEHWY 3 KODA D O G W O O D H I L L RAMA STATE HWY 16 HARRISTURNBERRYVALLAIR SPRAGUEPOT HOLEBANCROFTCHANTINGCONCEPTSEIFORDSYLVIS BETHEL BURLEYSTATE HWY 16 WB ONWEATHERSEMERALDHILLS CARLSONBIELMEIER WHITECAP ESTONIALOWREN HILLWOOD HONEY KERRYCHARLESTONWINTER SPRINGS SHERLYNEVERGREENHOOVERPARKWOODIVES MILL MAPLEFOREST VILLA MILLERPRESTWICK COLONIALGEIGERMELINE BRIARWOODS T A T E H W Y 1 6 W B O NSTATE HWY 16 WB OFFSTATE HWY16 WB OFF HOVDE FERATEROSE SOUT H K I T S A P CE D A R DEPOTSTATE HWY 3CASECOST A T E H W Y 16 E B O N WENTWORTHTROONCOOK S T A T E H W Y 1 6 PIONEERBROADSTONEHAWKS NESTSTATEHWY 16 S T A T E HW Y 1 6 STATE HWY 16 EB OFFST R A T H M O R E VALLEY VIEWBAKERTUFTSST A T E H W Y 1 6 E B O N WEXFORD MUIRKIRKSTATE HWY 3MARTELL MOBILE DONATOPERRYCARL PICKELFRANWAYSHERMAN HEIG H T S WEYERS LIES E K ESTATE HWY 304CAMPUSS T E A M B O A T S T A T I O N DEEP LAKE SCHWEITZER DRAFT2018 Revised Zoning CategoriesConversion of Existing ZonesAnd Proposed Rezones BPMU CC CH CI CMU DMU GB GMU LI NMU PF PR R1 R2 R3 R4 R6 Urban Growth Area Port Orchard UGA ® 0 1,100 2,200 3,300 4,400550 Feet City of Port Orchard Department of Community Development 216 Prospect Street, Port Orchard, WA 98366 Phone: (360) 874-5533 Fax: (360) 876-4980 www.cityofportorchard.us This map was created from existing map sources,not from field surveys. While great care was takenin using the most current map sources available,no warranties of any sort, including accuracy, fitness,or merchantability accompany this product. The userof this map assumes responsibility for determining its suitability for its intended use. This map is not a substitute for field survey. Date Saved: 9/4/2018 11:21:09 AM 110 of 110