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06/22/2010 - Regular - PacketyR r 4 City Council Meeting Agenda June 22, 2010 CITY OF PORT ORCHARD 7: 00 p.m. Mayor: Lary Coppola 1. CALL TO ORDER Administrative Official A. Pledge of Allegiance Councilmembers: Fred Chang Chair: LTAC 2. CITIZENS COMMENTS Staff. Clerk's Office Economic Dev/ Tourism Committee Please limit your comments to 3 minutes for items not up for Public Hearing. When Public Property Committee recognized b the Mayor, lease state our name and address or the official record 9 y y P y f .� (Please complete the sign -in sheet located in the hallway). Jerry Childs Chair: Economic Dev/Tourism Committee 3. APPROVAL OF AGENDA Staff: Clerk's Office Finance Committee 4• CONSENT AGENDA John Clauson Chair: Finance Committee (Approval of Consent Agenda passes all routine items listed below, which have been Staff: City Treasurer distributed to each Councilmember for reading and study. Consent Agenda items are not Utilities/SAC Committee considered separately unless a Councilmember so requests. In the event of such a request, Kitsap County Health the item is returned to Business Items.) Jim Colebank A. Approval of Claim Warrants, Payroll & Treasurer's check book Economic Dev/Tourism Committee B. Approval of the June 8, 2010, Council Meeting Minutes KRCC/PSRC/KEDA/PRTPO C. Setting Meeting for Work Study Session to July 20, 2olo, at 7:00 Fred Olin Chair: Public Property Committee p.m. at City Hall (Kirkpatrick) Staff: Planning Department D. Approval of Public Fireworks Display Permit: Eagle Fireworks, Inc. Utilities/SAC Committee (Kirkpatrick) Carolyn Powers E. Approval of Public Event Application: District 2 Little League All Public Property Committee KRCC/TransPol Star Tourney (Kirkpatrick) Rob Putaansuu Chair: Utilities Committee 5. PRESENTATION Staff: Public Works Department Finance Committee Kitsap Housing Authority 6. PUBLIC HEARING SAC Committee A. Regarding Ordinance No. olo-lo, Imposing 18o-Day Moratorium on Department Director: the Acceptance of Applications for Certain Signs under POMC 16.65 Patti Kirkpatrick, CMC Administrative Services (Weaver) City clerk B. Amending POMC Chapters 16.o8 Definitions and 16.65 Sign Allan Martin Regulations (Weaver) City Treasurer C. Annexation of South Sedgwick, File No. A-22-10 (Weaver) Debbie Hunt Court Administrator 7. BUSINESS ITEMS James Weaver Development Director A. Adoption of Ordinance No. oil-lo Amending Port Orchard � Municipal Code Chapters 16.o8 Definitions and 16.65 Sign Al Townsend Police Chief Regulations (Weaver) B. Adoption of Ordinance No. 012-1o, Approving the South Sedgwick Mark Dorsey, P.E. Public Works Director Annexation, File No. A-22-10 (Weaver) City Engineer C. Adoption of Resolution No. 023-10, Modifying Parking Restrictions Contact us: on Advantage Avenue and Repealing a Portion of Resolution No. 216 Prospect Street o14-05 (Dorsey) Port Orchard, WA 98366 (36o) 876-4407 Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.citofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 June 22, 2010, Meeting Agenda Page 1 of 2 D. Meeting with Initiating Parties Regarding Notice of Intent to Petition for Sidney Glen Annexation (Weaver) E. Authorizing the Mayor to Execute Change Order No. 1 of Contract No. Co61-og, with BHC Consultants for the Tremont Street Sewer Pre -Design Report and PS&E (Dorsey) F. Approval of Contract No. C047-1o, Authorizing the Mayor to Execute a Contract for the City's Official Newspaper Publication Services (Kirkpatrick) G. Approval of Contract No. C048-1o, Authorizing the Mayor to Execute Grant Acceptance Capacity Program for Storm Water Funding with the Department of Ecology (Archer) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 1o. REPORT OF DEPARTMENT DIRECTORS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance Committee June 21, 2010 Myhre's 7:30 a.m. Economic Development/Tourism July 14, 2010 City Hall Committee 5:30 p.m. Utilities Committee June 25, 2010 Myhre's 7:30 a.m. Sewer Advisory Committee (SAC) July 21, 2010 S.K.W.R.F. 6:30 p.m. Public Property Committee July 13, 2010 Myhre's 7:30 a.m. Work Study Session July 20, 2010 City Hall 7:00 p.m. Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 June 22, 2010, Meeting Agenda Page 2 of 2 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4C Meeting Date: Subject: Setting Meeting for a Work Study Prepared by: Session to July 20, 2010, at 7:00 p.m. at City Hall Atty Routing No: Atty Review Date: June 22. 2010 Patti Kirkpatrick, CMC City Clerk NA NA Summary: Work Study Sessions are considered a special meeting of the Council and as such fall under RCW 42.30.080, which states: A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the governing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally, by mail, by fax, or by electronic mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. In order to ensure the City is in compliance with proper noticing requirements, the City Attorney has recommended that the Council, by consent agenda, set the date and time of a work study session each month. Recommendation: Staff recommends the Council set the meeting date and time for a work study session to July 20, 2010, at 7:00 p.m. at City Hall. Motion for consideration: I move to set a work study session meeting date and time to Tuesday, July 20, 20io, at 7:00 p.m. at City Hall. Fiscal Impact: None. Attachments: None. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4D Subject: _Approval of Fireworks Display Permit: Eagle Fireworks, Inc. Meeting Date: June 22, 2010 Prepared by: Patti Kirkpatrick, CMC City Clerk Atty Routing No: NA Atty Review Date: NA Summary: Per RCW 70.77.265 the local fire official, South Kitsap Fire and Rescue, receiving an application for a permit to display fireworks shall investigate the application and submit a report of findings and a recommendation for or against the issuance of the permit, together with reasons, to the governing body, the City of Port Orchard, for their approval and/or recommendation. Gary Wilson, Eagle Fireworks, Inc. submitted their Washington State Fireworks License Application and Permits for the Fourth of July Fireworks Display to be held as part of the Fathoms O'Fun Festival. Greg Rogers of South Kitsap Fire and Rescue has reviewed the application and based upon code requirements approved the application and permit. Mr. Wilson will contact South Kitsap Fire and Rescue for inspection of the barge, determination and final approval of where the fireworks will be off-loaded. Recommendation: Staff recommends approval of the application as submitted. Motion for consideration: I move to approve the 2olo Fourth of July Fireworks display permit as submitted by Gary Wilson of Eagle Fireworks, Inc. Fiscal Impact: None. Attachments: Application for Public Fireworks Display Permit Washington State Fireworks License Certificate of Liability PERMIT PERMIT # DATE: Iii accordance with the provisions of RCW 70.77 and applicable local ordinances, this permit is granted to conduct a fireworks display as per the above application. 7 NAME: 1- A(Qe, t— IrP ( ovw-k<z -T rx r (Full name of person, firm, or corporation granted permit) RESTRICTIONS: Permit not valid without verification of the appropriate State Fireworks License (Signature of Official granting permit) mava ATTEST: P (Title) LICENSE NUMBER: (l_ .. Patrir.ia ,7_ Kirknatrirk_ CMr_ fifv ria.-V, 00 -iz N b # A1V N ' b P a, p t� b � \ m . 2 0 a rS4 /,I BI I/ \ i vo st ` h 00 Jun-04-2010 04:29 PM Allied Specialty of Texas 2103412050 3/5 ACQR& CERTIFICATE OF LIABILITY INSURANCE °"M`M"°°'"Y" 6/04/10 PRODUCERAllied Specialty Insurance 85 N.E. Loop 410 Suite 600 San Antonio, TX 78216 THIS CERTIFICATE IS ISSUED AS A MATTER OF. INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE I NAIC f INSURED Eagle Fireworks, Inc. 1750 Bunker Creek Chehalis WA 98532 INSURERA: H. 'SInRUrAnCE—C9—myanv INSURERD: , INSURER O: NSURER R. LVSUNERO V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONORIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. qqRwol POLICY NUMBER PODGY EFFECTIVE POLICY EXPMnONraLREINJUIRaw- LIMI7E 08HERALLIABILIff EACHOCCURRENCE f -20 f 100,000 A COMMERCULGENERALUABILITY CPP0101321-00 05/16/10 05/16/11 MEDEAP YRIP f CLAIMS MADE ©OCCUR PERSONAL AAUV INJURY f 1,000,000 GENEPALAOGREGATE f GENLAOOREGATE LMRAPPLIEg PEEL PRODUCTS-COMP/OPAGG f O PM PIi6 LOG AUTOMOIILBUAIUTV COMBINEDIINGLELIMO f ANY AUTO IF,e iM l) BODILY INJURY I ALL OWNED AUTOS SCIIEDULEDAUFOS (per pnem) SOOILY INJURY i NIREDAUTOS NONOWNEOAUTOS (Pm Pm q PNOPERTY DAMAGE f (PeregddeniJ mmeE UABXITY AUTO ONLY -EA ACCIDENT f OTHER THAN EAACC f ANYAUTO I f AUTO ONLY: AGO EXCEBBIUMBRRrIA'L�IAINUTY EACH OCCURRENCE f AGGREGATE S OCCUR CWMB MADE u f f - DEDUCTIBLE I RETENTION S wORXERS COMPENSATION I WCBTATOU OTH- LIM ANDTAPLOYERB' LUUMUTY ANY PROPRIUORIPARTNERIEXEOUTWE � ELEACHACCIDENT f E.L. DISEASE - EA EMMOM S OFFAJEWMEMBER EKCWDE07 (MS dMm In NIO E.L. DISEASE - POLICY LIMB I Dyyee, d@KrW Fa bYEOir AL PROVISIONS Miow OTHER OEICRIPROH OF OPERATIONS I LOCATNINSWENIDLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECU. rRONISIONS FIREWORK DISPLAY DATE: 7/4/10 RAIN DATE: LOCATION: PORT ORCHARD BAYJ PORT ORCHARD, WA. AMOUNT: $13,000.00 ADDITIONAL INSURED AS RESPECTS TO THE OPERATIONS OF THE NAMED INSURED ONLY: CITY OF PORT ORCHARD, WA.; KITSAP CO., WA.; U.S. GOVERNMENT; FATHOMS OF FUN COMMI9TEE,P0 BOX 321,PORT ORCRARD,WA;KITSAP CO. FIRE DEPT; THOMPSON PILE DRIVE in L.VPM91I In I 1110ULDANYOFTNEABOVE DESCRIBED POLICIES 4ECANCELLED11"ETHEEXPIRATION WA. 98366 DAM THEREOF, THE ISSUING WSURER WILL ENDEAVOR TO MAIL _. DAM WRRrF.N NOTICE TOTHE CERTIFICATE HOLDER NIIMFA 70 THE LEFT, BUT fAIWRE TO DOSpSHALL RMP04E NO OBLIGATION OR UAINUTY OF ANY IUNO UPON THE INSURER, RE AGENTS OR All rlghta The ACORD name and Ingo era registered marks of ACORD a r g § % = ° / § q / §§ \ 00 00 ) k \i / \ a _ & {0 � / City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4E Meeting Date: Subject: Approval of Public Event Application: Prepared by: District 2 Little League All Star Tourney Atty Routing No: Atty Review Date: June 22, 2010 Patti Kirkpatrick, CMC City Clerk NA NA Summaiv: Bob Showers has submitted an application for the Public Event, District 2 Little League All Star Tourney to be held July i, through July 13, 2oio, at the Givens Little League Field. This event will host 13 teams, up to 200 visitors to our community. The applicant is seeking permission to host their event using a portion of City rights -of -way with no anticipated street closures. The City departments, as well as the Fire Department, have received the application and have attached their recommendations and/or comments for Council review. Recommendation: Staff recommends approving the Public Event application for the District 2 Little League All Star Tourney to be held July 1 through 13, 2010. Motion for consideration: I move to approve the Public Event application for the District 2 Little League All Star Tourney to be held July 1 through 13, 2010. Alternatives: Deny the application or approve with conditions. Attachments: Public Event Application City Department and Fire Department Comments City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Public Event Application ftc 'Itily pry460 OF I Zp%0 OFF�� NOTE: Acceptance of this application by the City Clerk's Office does NOT indicate or guarantee approval of the application or the dates requested. Each application will be reviewed by City staff and Council Committee. Additional information may be requested by city personnel prior to submittal of the application to the City Council for final consideration. No statement made by city staff or elected official prior to final consideration by the City Council shall obligate the City Council in any manner. Name of Event: Name of Sponsoring Organization: f <-x4. Name of Person Completing This Application:�� c /✓ /P.es-/Cf�/ Point of Contact:I ,5;Yl /le Street / ST Dates of Event (Inclusive) li/ / �-r / Y / Location of Event: ) L /&/e Z, (If Event Will Have Telephone:_3&O City State Zip Code 74 ue Activities and Locations, List On Separate Sheet) Anticipated Number Of Exhibitors: /, Time Open To Public: I& ) R: d'19 Anticipated Number Of Visitors: .,zo0 Time Open To Vendors: Closing Time: lel6l X C' T ZT �1fY%L to," This application form was designed for use by applicants for Parlous types of events. Please answer all questions you may attach additional pages if necessary. 1. Describe tvoe of event and how this 2. What is expected traffic pattern for the event? AttaF'h a sib m indicating location of each activity/vendor(s), fire lanes, garbage, and restroom/sani-can(s): -,f' � e A��/ , 3. Describe how public safety, traffic and crowd control will be grovided. How many police o icers do yo nticipate will be needed for (1) traffic contropl and (2) crowd control? 14 tcsc(y //y+ /f,¢�/g�,Ie f�J� i e, i/ 9iLS G w/� 4. D��sscrib�� hhppw sanitation control (garp� je a restrooms) will be provided and maintained: we�itile Jeif. p t�,cJ 5. How r)tany participants andvisitpr cars are aticipaje) aqd where will 6. Hqw have parw'n� mpsads been coordinated with the neighbors (residential and/or business)? CUc' �� '`O Alw 7. Has shuttle service/park and ride lots been coordinated with Kitsap Transit? Describe locations, frequency of service and name of contaf� at itsap Transit. Attach written verification of commitment for service from Kitsap Transit:_ f /1Jc'1C/�'L� / 8. Describe how fire lanes will be identified and kept open: &t /// P �� ✓� ✓� �� c c�zi fOiL Wfze At e1 c ��O�4�t�15 C N N�� 4 e6e c 9. Will this event regy ire tie closure of any street? If so, ist stre tname with date and time of requested closure:_ SC�</ i ,lGl'eA ,2t�yc f a i l„t J,c�ac�, 10. If any event activity or vendor requires electrical connections or other accommodation to operate, indicate location and how you anticipate meeting their needs:_ i 11. How will the event area be cleaned before, during and after the event? ii�� [! 12. If your event requires vehicles to be towed, your organization must accept responsibility and indemnify the City of Port Orchard and other authorizing property owner(s) by agreeing to pay tow/storage charges or damage claims which result from the vehicle being towed, if a court rules in favor of the registered owner and orders payment of such charges or damage claims. Do you accept this responsibility? Yes ❑ No If y s, name of prson respon _Ve for rendering payment of tow/storage charges. If no, exp ain why: Sew C t to cezrd 13. When specifying location of event�activip/vendor(s), do you anticipate utilizing any area not owned or managed by the City of Port Orchard? ❑ yes If yes, the owner/manager of subject property must complete and sign the following: (Please ask I& additional forms if multiple properties are being used and have different owners.) Name of property owner: Authorizing authority: Title: Address: Telephone: Signature of authorizing authority: A. If the City of Port Orchard approves this application for public event, will your organization grant F permission for the sponsoring organization to use your property on the dates specified, for the purpose Nand activities described in this application? ❑ Yes ❑ No If yes, please complete the following: B. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: C. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? 14. If nature of this event requires event workers to stay overnight (such as carnival or other event workers) where and how do you anticipate providing their lodging? If you anticipate utilizing private property(s) for lodging or other purposes, the owner of the subject Property(s) must complete and sion the following: 15. Name of property owner: Authorizing authority: Address: Signature of authorizing z Title: Telephone: A. Are there any limitations or restrictions on use of your property? ❑ Yes ❑ No If yes, please describe in detail: B. Do you require the event sponsor list you as an Additional Named Insured and provide an insurance certificate to your organization prior to the event date? ❑ Yes ❑ No If yes, please indicate coverage limits you require for general liability, property damage and or personal injury? C. How will use of your property by event workers impact neighboring property owners? Describe steps that will be taken to mitigate any adverse impact(s): J ssist the city in the )i evu i t zcai 16. INSURANCE REQUIREMENTS: Sponsoring organization must provide an insurance certificate, 10 days prior to the event, with the City of Port Orchard and other applicable parties shown as Additional Named Insured. Minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury ale-/1-7 ✓1,e `� dui>w� l� O A. Can you provide this Insurance Certificate? SIGNATURE OF APPLICANT: l �� r'• ✓ �t Ott[ �2�i" Date: 6 / SI /o NOTE: This section to be completed by City staff after application is submitted to the City Clerk. REVIEW AND COMMENT BY POLICE DEPARTMENT: REVIEW AND COMMENT BY FIRE DEPARTMENT: REVIEW AND COMMENT BY PUBLIC WORKS: REVIEW AND COMMENT BY FINANCE DEPARTMENT: REVIEW AND COMMENT BY PLANNING DEPARTMENT: , Date Application Received:e.�1 )13 Q � % Date Routed to Department: Is a Master Vendor's License needed: Yes No 6 Approved i jt/L� Patricia J. 'rkpa rick, City Clerk or designee DECISION OF CITY COUNCIL: APPROVE DISAPPROVE DATE OF DECISION: Updated: May 2010 South Kitsap Western Little League P.O. Box 32 Port Orchard, WA. 98366 Date: 08 June 2010 To: Mr. Mark Dorsey From: South Kitsap Western Little League Bob Showers Subject: "Head In Parking" on Sroufe and "One Way' Mr. Dorsey, We are going to host the District 2 Little League Boys Tournament again this year at our field (Art Mikelsen Little League Field) located behind Givens Community Center. Dates are as follows: District 2 Tournament July 1st thru July 12`h As in the past, when we have held the tournaments, the city has allowed us to have head in parking from the corner of Sroufe Street and Spokane Avenue going west to the corner of Sroufe Street and Tacoma Avenue. This little area would also become a one way. We will be responsible for posting everything and keeping control. I have not received the times yet of our games for the District Tournament, but I wanted to get this letter in to the City. We hope you will authorize the parking. This is a great time of the year to show other parts of the county and state, the community of Port Orchard. There will be 13 teams in the District \' Tournament. These teams will patronize the businesses of Port Orchard and stay at local motels. It's a positive thing for the community. Thank you, Bob Showers / President 360-895-0110 (Home) 360-476-0237 (Work) 360-731-7226(Cell) Al"6--. 0 A�A rf -b AAE � 7 � City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 1 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6A Meeting Date: June 22, 2010 Subject: Public Hearing for Ordinance olo-10 Prepared by: James Weaver, Imposing 18o-Day Moratorium on Development Director The Acceptance of Applications for Atty Routing No: 051-10 Certain Signs Under POMC 16.65 Atty Review Date: May 19, 2010 Summarv: Port Orchard Municipal Code Section 16.65 Sign Regulations also known as the "sign code," regulates the application, processing, approval criteria, and development regulations of signs within the Port Orchard Municipal Limits. The sign code was initially adopted by City Council on March 9, 1953 via Ordinance 607. The sign code was amended in October 26, 1998 via Ordinance 1741 which first included language related to billboards and outdoor advertising structures. Subsequent amendments occurred on March 8, 1999 via Ordinance 1762 and on December 19, 2007 via Ordinance 046-07. It was recently determined that the current sign code regulations did not adequately address the effects of impacts from billboards upon the citizens of Port Orchard and did not adequately protect the health, safety, and welfare of the community. A moratorium was proposed in order to provide Council and staff with time to evaluate whether the sign code should be amended to better preserve public welfare and to prevent the potential for detrimental impacts to the citizens of Port Orchard. The moratorium applied to any applications for permits under the sign code related to billboards and outdoor advertising structures which are not otherwise vested by state law. Pursuant to RCW 35.63.2oo and RCW 36.7oA.39o, a public hearing must be held within 6o- days of enacting a moratorium. On May 25, 2010, the City Council made certain findings and adopted Ordinance olo-olo, which imposed a one -hundred and eighty day moratorium on the acceptance of new applications for permits for billboard signs and outdoor advertising structures in the City of Port Orchard, pending revised policies and/or regulations for the use and development of signs of this nature; and a public hearing on such moratorium for June 22, 2010. Recommendation: Hold a public hearing on whether to impose a 18o-day moratorium on the acceptance of applications for certain signs, as set forth in Ordinance No. olo-lo. Fiscal Impact: None Attachments: Ordinance No. olo-10 Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: May 25, 2010 Adopted: May 25, 2010 ORDINANCE NO. olo-io AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON IMPOSING A MORATORIUM ON ACCEPTING OR PROCESSING APPLICATIONS FOR BILLBOARD AND/OR OUTDOOR ADVERTISING STRUCTURE PERMPI'S WHEREAS, the City Council finds that the control of billboards and outdoor advertising structures in areas adjacent to state highways promotes public health, safety, welfare, convenience and enjoyment of public travel; and WHEREAS, the City Council finds that the control of billboards and outdoor advertising structures in areas adjacent to highways promotes tourism by conserving the natural beauty of areas adjacent to the interstate system; and WHEREAS, the City Council finds that its current regulations which govern billboards and outdoor advertising structures may be inconsistent with the above findings; and WHEREAS, a moratorium is necessary to enable the City to review its ordinances which control billboards and outdoor advertising structures, and to determine if said ordinances should be amended; and WHEREAS, the immediate enactment of a moratorium on the processing and submittal of applications for "billboards" or "outdoor advertising structures" under Chapter 16.65 POMC is necessary to protect imminent threats to public health, safety or welfare and is a legitimate exercise of the City's police power; and WHEREAS, the City Council adopts the foregoing as its findings of fact justifying adoption of this ordinance; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. A moratorium is hereby imposed upon accepting or processing any applications for permits for "billboards" or "outdoor advertising structures" under Ordinance No. oio-io Page 2 of 2 Chapter 16.65 POMC, unless the application was frilly vested under Washington's vested rights doctrine, prior to the adoption of this ordinance. SECTION 2. As used in this ordinance, "billboard" and/or "outdoor advertising structure" shall have the same meaning as that term is defined in POMC 16.08.528. SUCTION R. This moratorium shall remain in effect until November 21, 2010, unless earlier terminated. SECTION 4. Pursuant to RCW 35.63.2oo a public hearing shall be held ou the moratorium at 7:00 P.M. on Jame 22, 2010 at the Port Orchard City Hall, 216 Prospect Street, Port Orchard, Washington. SECTION ci. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 6. This ordinance shall be in full force and effect five (5) days after posting and publication as required bylaw. Asununary of this Ordinance maybe published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this g5tlf day of May/2oro. A'IT T: Patricia J. Wrkpatrick, CMC, City Cleric APPROVED AS TO FORM: GregoryA Ja oby, C y ttorney City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6B Subject: Amending Port Orchard Municipal Code Chapters 16.o8 De nitions and 16.65 Sign Regulations Meeting Date: June 22, 2010 Prepared by: Atty Routing No: Atty Review Date: James Weaver, Development Director o61-io June 14. 2010 Summary: Port Orchard Municipal Code Section 16.65 Sign Regulations or known as the "sign code", regulates the application, processing, approval criteria, and development regulations of signs within the Port Orchard Municipal Limits. The Sign Code was initially adopted by City Council on March 9, 1953 via Ordinance 607. The sign code was amended in October 26, 1998 via Ordinance 1741 which first included language related to billboards and outdoor advertising structures. Subsequent amendments occurred on March 8, 1999 via Ordinance 1762 and on December 19, 2007 via Ordinance 046-07. City staff interprets the current code as prohibiting billboards as "off -premises signs." Though staff believes that the current code provisions are adequate to serve the City's zoning requirements of prohibiting billboards, staff recommends removing all references to billboards within the code, as it appears that these references have caused confusion with persons believing that billboards are permitted within the City. The changes to the sign code resolve these issues and apply to regulations and any applications for permits related to billboards and outdoor advertising structures which are not otherwise vested by state law. Recommendation: Open the Public Hearing amending Port Orchard Municipal Code Chapters 16.o8 Definitions and 16.65 Sign Regulations. Fiscal Impact: None Alternatives: Do not hold the public hearing. Attachments: Draft Ordinance No. oil-lo, with redline versions of Exhibits A and B Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: June 22, 2010 Adopted: ORDINANCE NO. oil-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE PORT ORCHARD MUNICIPAL CODE TITLE 16 CHAPTERS 16.o8 DEFINTTIONSAND 16.65 SIGNREGULATIONS WHEREAS, Port Orchard Municipal Code Section 16.65 Sign Regulations "sign code", regulates the application, processing, approval criteria, and development regulations of signs within the Port Orchard Municipal Limits. WHEREAS, the City Council has undertaken a review and amend the sections of the Port Orchard Municipal Code Sections 16.o8 and Sections 16.65 in order to adequately address the effects of any new impacts upon the citizens of Port Orchard and to protect the health, safety, and welfare of the community as required; and WHEREAS, the planning department interprets the City's Sign Regulations as prohibiting billboards whenever "off premises signs" are not permitted; and WHEREAS, the staff has advised the City Council that members of the public have expressed disagreement with the City staffs code interpretation; and WHEREAS, the City Council wishes to confirm the staffs code interpretation and declares that the Code as it currently exists prohibits billboards when the billboard also meets the definition of off -premises signs and are otherwise prohibited by the City's zoning code; and WHEREAS, the City Council wishes to ensure that there is no further confusion by the public and has therefore directed staff to remove all references to billboards within the City Code; and WHEREAS, the Planning Commission held a meeting on June 21, 2010, which was properly noticed and open to the public, to review a proposed amendment to the sign code under Port Orchard Municipal Code Sections 16.o8 Definitions and 16.65 Signs.; and WHEREAS, at a meeting held June 21st, 2010 the Planning Commission reviewed the proposed Land Use Regulatory Code changes and provided the Council with its recommendation; and WHEREAS, after proper notice, the City Council held a public hearing, on June 22, 2o10 and received comment from members of the public regarding the provisions of the proposed Port Orchard Municipal Code; and WHEREAS, after considering input from the Planning Commission and the public, the City Council finds that the 2010 Port Orchard Municipal Code updates to Section 16.o8 and Section 16.65 Ordinance No. oil-io Page 2 of 67 serves the public health, safety, and general welfare of the citizens of Port Orchard; and WHEREAS, the City Council also finds that the 2010 Port Orchard Municipal Code amendments are consistent with the goals and policies of the City's Comprehensive Plan and with the Growth Management Act, Chapter 36.7oA RCW; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. The Port Orchard Municipal Code Title 16, Chapter 16.o8 is hereby amended as shown in Exhibit A attached hereto and incorporated by this reference SECTION 2. The Port Orchard Municipal Code Title 16, Chapter 16.65 is hereby amended as shown in Exhibit B attached hereto and incorporated by this reference. SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION a. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 22nd day of June 2010. Lary Coppola, MAYOR ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Sponsored by: City Attorney Fred Chang, Councilmember Chapter 16.08 Definitions 16.08.001 "Definitions In general' All words used in the Land Use Regulatory Code shall have their common definition, as used in context, unless a specific definition is set forth herein, or in the International Building Code, as adopted. The definitions set forth in Chapter 16.08 shall control, followed by the definitions in the International Building Code, and finally, the common definition. (Ord. 046-07§2, 2007) 16.08.002 "Abandoned sign" shall mean: A sign that no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity, or for which no legal owner can be found. (Ord. 046-07§2, 2007) 16.08.004 "A -board sign" see "Sandwich board/sidewalk sign" (Ord. 046.07§2, 2007) 16.08.006 "Accessory use or structure" shall mean: A use or a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (Ord. 046-07§2, 2007) 16.08.008 "Accessory use - commercial/industrial" shall mean: (1) A use that is subordinate and incidental to a commercial or industrial use; including, but not limited to employee exercise facilities, employee food service facilities, incidental storage of raw materials and finished products sold or manufactured on -site, and business owner or caretaker residence. (2) Certain commercial/industrial accessory uses may be specifically defined in order for them to be subject to special approval conditions. (Ord. 046-07§2, 2007) 16.08.010 "Accessory use - residential' shall mean: (1) A use, structure, or activity that is subordinate and incidental to a residence including, but not limited to, the following: Fallout/bomb shelters, keeping household pets provided the number, location, type or other characteristic does not adversely affect public health conditions and is not accomplished for a commercial purpose as in a kennel, cattery, or stable, private gardens, pea -patch farms, fish and wildlife ponds, on -site rental office, pools, private docks, piers, antennae or satellite dish for private telecommunication services, storage of yard maintenance equipment, or storage of private vehicles such as motor vehicles, boats, or planes. (2) Certain residential accessory uses may be specifically defined in order for them to be subject to special approval conditions. (Ord. 046-07§2, 2007) 16.08.012 "Accessory use - resource agricultural' shall mean: (1) A use, structure, or part of a structure, that is customarily subordinate and incidental to an agricultural resource use including, but not limited to the housing of agricultural workers, or storage of agricultural products or equipment used on -site. (2) Certain resource agricultural accessory uses may be specifically defined in order for them to be subject to special approval conditions. (Ord. 046-07§2, 2007) 16.08.014 "Act -GMA" shall mean: Growth Management Act (GMA), Chapter 36.70A RCW. (Ord. 046-07§2, 2007) Formatted: Centered Ordinance _ - Exhibit A 16.08.015 "Adequate" shall mean: For purposes of concurrency at or above level of service standards specified in the currently adopted Comprehensive Plan. jOrd. 046-07§2, 2007) 16.08.016 "Adjacent' shall mean: For purposes of critical areas, within 500 feet of a critical area. (Ord. 046-07§2, 2007) 16.08.018 "Adult entertainment merchandise" shall mean: Items designed or marketed for use in conjunction with "specified sexual activities". (Ord. 046-07§2, 2007) 16.08.020 "Adult entertainment facility" shall mean: (1) 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 fifty percent (50%) or more of gross revenue generated or total volume of shelf space and display area whichever is more restrictive. (2) Any building or portion of a building which contains any exhibition or dance or other live entertainment, performance, or activity distinguished or characterized by emphasis on the depiction, simulation or relation to "specified sexual activities' as defined in POMC 16.08.726 for observation by patrons therein. Examples of such establishments include, but are not limited to, establishments offering peep shows, and/or topless or nude dancing. (Ord. 046-07§2, 2007) 16.08.022 "Aggrieved person" shall mean: (1) The applicant and the owner of property to which the land use decision is directed; or (2) Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: (a) The land use decision has prejudiced or is likely to prejudice that person; (b) That person's asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision; (c) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision; and (d) The petitioner has exhausted his or her administrative remedies to the extent required by law. (Ord. 046-07§2, 2007) 16.08.024" Agricultural crop sales" shall mean: The retail sale of fresh fruits, vegetables, flowers, and other products grown on -site. This use is frequently found in roadside stands or self - pick establishments and includes uses located in SIC major group and industry group numbers: (1) 01-Agricultural production - crops, and (2) 543-Fruit and vegetable stands. (Ord. 046-07§2, 2007) 16.08.026" Agricultural processing" shall mean: Preparing harvested crops or products of animal or poultry husbandry for marketing, transportation or further processing including but not limited to SIC industry numbers: (1) 0214-Goat milk production, wool production, etc; and (2) 0241-Dairy farms and similar activities. (Ord. 046-07§2, 2007) 16.08.028 "Agricultural products" shall mean: Items resulting from the practice of agriculture, including crops such as flowers, fruits, vegetables, grains, seed, feed, and plants, or Ordinance _ Exhibit A Formatted: Cen[eree animal products such as eggs, milk, and meat, or animal byproducts such as fertilizer. (Ord. 046- 07§2, 2007) 16.08.030 "Aircraft, ship, boat building, and repair" shall mean: The fabrication and/or assembling of aircraft, ships or boats, and including uses located in SIC industry group numbers: (1) 372-Aircraft and parts, and (2) 373-Ship and boat building and repair. (Ord. 046-07§2, 2007) 16.08.032 "Airport/heliport" shall mean: Any runway, landing area or other facility which is designed to be used by both public carriers and/or private aircraft for the landing and taking off of aircraft, including: (1) Taxiways, (2) Aircraft storage and tie -down areas, (3) Hangars, (4) Servicing, and (5) Passenger and air freight terminals. (Ord. 046-07§2, 2007). 16.08.034 "Alley" shall mean: A public or private access way, either unimproved or improved, which provides a secondary means of vehicular access to abutting property. Alley width shall be considered the distance between the alley right-of-way lines. (Ord. 046-07§2, 2007). 16.08.036 "Afterafton" shall mean: (1) A change or rearrangement of the structural parts or exit facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. (2) Any human -induced action which adversely impacts the existing condition of a critical area. Alterations include but are not limited to grading, filling, dredging, draining, channeling, cutting, pruning, limbing or topping, clearing, relocating, or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants excepting stormwater; grazing domestic animals; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that adversely impacts the existing vegetation, hydrology, wildlife or wildlife habitat. Alteration does not include walking, passive recreation, fishing or other similar activities. (Ord. 046-07§2, 2007). 16.08.038 "Amusement arcades" shall mean: A building or part of a building in which a total of 5 or more pinball machines, video games, or other such player -operator amusement devices in total (excluding juke boxes or gambling -related machines) are operated as a commercial activity. (Ord. 046-07§2, 2007). 16.08.040 "Animal - small' shall mean: Animals, other than livestock or animals considered predatory or wild, which are kept outside a dwelling unit all or part of the time. Animals considered predatory or wild shall be considered small animals when they are taken into captivity for the purposes of breeding, domestication, training, hunting or exhibition. (Ord. 046- 07§2, 2007). 16.08.042 "Appeal' shall mean: To seek review of a decision or determination from a higher authority. An appeal may be from a staff decision or determination to the examiner; or from an examiner decision to the City Council; or from a City Council decision to the Superior Court or other court of competent jurisdiction. (Ord. 046-07§2, 2007). Formatted: Unterni Ordinance _ - Exhibit A 16.08.044 "Appellant" shall mean: The person who files an appeal from a decision of an administrative official, the hearing examiner; or the City Council. Only a "party," "party of record," or "aggrieved person" as defined herein has standing to become an appellant, (Ord. 046-07§2, 20)7). 16.08.048 "Applicant" shall mean: The property owner, or his designated agent, applying to the City for a permit or other regulatory approval under the provisions of the Land Use Regulatory Code. (Ord. 046-07§2, 2007). 16.08.050 "Application" shall mean: A completed application. An application is complete when all applicable filing requirements are met, appropriate fees have been paid, and a determination of completeness has been issued by the Department. See section 16.06.050 for further requirements. (Ord. 046-07§2, 2007). 16.08.056 "As -bulls" shall mean: Drawings stamped and signed by a professional engineer that are in a format acceptable to the City which show the exact location, size, and dimensions of street and utilities that have been installed, and if applicable, the location of the building footprint. (Ord. 046-07§2, 2007). 16.08.058 "Auction house" shall mean: An establishment where the property of others is sold by a broker or auctioneer to persons who attend scheduled sales periods or events. (Ord. 046- 07§2, 2007). 16.08.060 "Automobile • service station" shall mean: (1) Any building, and the lot on which it is located, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and for the minor servicing of motor vehicles. (2) Gasoline service stations primarily engaged in selling gasoline and lubricating oils; frequently sell other merchandise, such as tires, batteries, and other automobile parts, or perform minor repair work. Classified by the principal use when combined with other activities, such as grocery stores, convenience stores, or canvashes. (Ord. 046-07§2, 2007). 16.08.061 "Awning" shall mean: An architectural projection for a building that is wholly supported by the building to which it is attached and comprised of a lightweight rigid skeleton structure over which a covering is attached. (Ord. 046-07§2, 2007). 16.08.062 "Awning sign" shall mean: The use of an awning attached to a building for advertisement, identification, or promotional purposes; provided that only that portion of the awning which bears graphics, symbols and/or written copy shall be construed as being a sign. (Ord. 046-07§2, 2007). 16.08.064 "Basal area" shall mean: The total area of the horizontal cross-section of a tree as measured at a specified height above grade. (Ord. 046-07§2, 2007). 16.08.066 "Bed and breakfasts" shall mean: An owner -occupied dwelling or accessory building within which no more than 7 bedrooms are available for paying guests on a daily basis. (Ord. 046-07§2, 2007). 16.08.068 "Billboard" see "Outdoor advertising structure OF billhoorel" (Ord. 046 97§2, 2007) shall mean: on outdoor advertising sign or poster panel which advertises products, businesses, and/or serves not connected with the site on which the sign is located. And which are cumomadly leased for commercial purposes. Formattetl: Centered___ Ordinance - Exhibit A 16.08.070 "Biologist" shall mean: A person who has earned a degree in biological sciences from an accredited college or university, or a person who has equivalent education training and has experience as a practicing biologist. (Ord. 046-07§2, 2007). 16.08.072 "Block" shall mean: A group of lots, tracts, or parcels within well-defined and fixed boundaries. (Ord. 046-07§2, 2007). 16.08.074 "Book, Stationery, Video, and Art Supply Store" shall mean: An establishment engaged in the retail sale of books and magazines, stationery, video, and art supplies, including uses located in SIC industry numbers: (1) 5942-Book stores, (2) 5943-Stationery stores, (3) 5999-Architectural supplies and artists' supply and materials stores, and (4) 7841-Video tape rental. (Ord. 046-07§2, 2007). 16.08.076 "Board" shall mean: The Design Review Board ("DRB") which reviews development applications in the Downtown Overlay District and makes recommendations to the DevelopmentDirector or designee. Also see POMC Chapter 2.76. (Ord. 046-07§2, 2007). 16.08.078 "Bond" shall mean: A form of security provided by a bonding company in an amount and form satisfactory to the City Attorney, intended to insure that required improvements are installed and/or maintained. (Ord. 046-07§2, 2007). 16.08.080 "Boundary line adjustment" shall mean: An adjustment of property lines made for the purpose of adjusting boundary lines which does not create any additional lot, tract, parcel, site, or division, nor create any lot tract, parcel, site or division which contains insufficient area and dimensions to meet minimum requirements of the zoning, building, and other applicable ordinances as further defined by RC W 58.17.040(6). (Ord. 046-07§2, 2007). 16.08.082 "Building" shall mean: Any structure used or intended for supporting or sheltering any use or occupancy. (Ord. 046-07§2, 2007). 16.08.084 "Building area" shall mean: The area included within the surrounding interior walls of a building or portion thereof, exclusive of courts. (Ord. 046-07§2, 2007). 16.08.086 "Building coverage" shall mean: Area of a lot that is covered by the total horizontal surface area of the roof of a building. (Ord. 046-07§2, 2007). 16.08.088 "Building envelope" shall mean: Area of a lot that delineates the limits of where a building may be placed on the lot. (Ord. 046-07§2, 2007). 16.08.090 "Building facade" shall mean: That portion of any exterior elevation of a building extending from the grade of the building to the top of the parapet wall or eaves, for the entire width of the building elevation. (Ord. 046-07§2, 2007). 16.08.092 "Building, hardware, and garden materials store" shall mean: An establishment engaged in selling lumber and other building materials, feed, and lawn and garden supplies; including, but not limited to uses located in SIC major group number 52-Building materials, hardware, garden supply, excluding mobile home dealers. (Ord. 046-07§2, 2007). 16.08.094 "Building height" shall mean: Except when otherwise noted in the in the tables or charts, under Chapter 16.40 POMC, the vertical height or distance from the uphill elevation of FormatteA: Cencered Ordinance _ - Exhibit A the lower of either the existing or finished grade at the foundation or slab to the highest point of the roof of the building. If the uphill elevation line is not level, the average uphill elevation shall be the basis for the measurement. i;m U-do C:- red Ordinance — - Exhibit A 16.08.096 'Building official" shall mean: The City Employee designated as the Building Official, or the consultant to the City who has been designated by contract as the Building Official. (Ord. 046-07§2, 2007). 16.08.098 'Building permit" shall mean: The permit required for new construction and additions pursuant to Title 15 of the Port Orchard Municipal Code (POMC). The term "building permit", as used herein, shall not be deemed to include: permits required for temporary dwellings, permits required for remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in the applicable unit of measure (for non-residential construction) or number of dwelling units (for residential construction) resulting there from. (Ord. 046-07§2, 2007). 16.08.100 'Building setback" shall mean: A line which establishes a definite point beyond which any vertical feature shall not extend unless authorized by POMC 16.40.120. (Ord. 046-07§2, 2007). 16.08.102 'Buffer" shall mean: A designated area adjacent to and a part of a steep slope or landslide hazard area which protects slope stability, attenuation of surface water flows and landslide hazards to the extent reasonably necessary to minimize risk to the critical areas, the site, and adjacent properties; or a designated area adjacent to and a part of a stream or wetland that is an integral part of the stream or wetland ecosystem. (Ord. 046-07§2, 2007). 16.08.104 'Bulk retail' shall mean: An establishment offering the sale of bulk goods to the general public, including limited sales to wholesale customers. These establishments may include a variety of lines of merchandise including food, building, hardware and garden materials, dry goods, apparel and accessories, home furnishings, housewares, drugs, auto supplies, hobby, toys, games, photographic, and electronics. (Ord. 046-07§2, 2007). 16.08.106 'Business or occupation of outdoor advertising" shall mean: The business of renting or selling space by the owner of any billboard or outdoor advertising structure to any other party for a valuable consideration. (Ord. 046-07§2, 2007). 16.08.108 "Campground" shall mean: An area of land on which accommodations for temporary occupancy such as tents or recreational vehicles without hook-up facilities are permitted and which is used primarily for recreational purposes on an extended basis over a season or year-round and/or as a commercial activity. (Ord. 046-07§2, 2007). 16.08.110 "Canopy - vegetation" shall mean: The highest layer of vegetation within a forest community. For "Building Canopy" see "Marquee," 16.08.458. (Ord. 046-07§2, 2007). 16.08.112 "Capacity • residential holding" shall mean: The number of dwelling units and persons per dwelling unit that a property, site, neighborhood or other area can accommodate at full or built -out use, as allowed by this code. (Ord. 046-07§2, 2007). 16.08.114 "Capital facilities" shall mean: The facilities or improvements included in the City of Port Orchard Capital Facilities Plan. (Ord. 046-07§2, 2007). 16.08.116 "Capital facilities plan" shall mean: The City of Port Orchard Capital Facilities Plan element and the transportation element of the comprehensive plan adopted pursuant to the Revised Code of Washington (RCW) Chapters 36.70A and 35.63, or any amendments thereof. (Ord. 046-07§2, 2007). Formattetl: Centered Ordinance - Exhibit A 16.08.118 "CaRery" shall mean: A place where adult cats are temporarily boarded for compensation, whether or not for training. An adult cat is of either sex, altered or unaltered, that has reached the age of 6 months. (Ord. 046-07§2, 2007). 16.08.120 "Cemetery, columbarlum or mausoleum" shall mean: Land or structures used for burial of the dead. For purposes of this code, pet cemeteries are considered a sub -classification of this use. (Ord. 046-07§2, 2007). 16.08.122 "Changeable copy sign" shall mean: A sign whose information content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts( by manual or electric means. A sign on which the message changes more than eight times within a day is considered an electronic message sign. (Ord. 046-07§2, 2007). 16.08.124 "Church, synagogue or temple" shall mean: A place where religious services are conducted, and including accessory uses in the primary or accessory buildings such as religious education, reading rooms, assembly rooms, and residences for nuns and clergy, but excluding facilities for training of religious orders; including uses located in SIC industry number 866. (Ord. 046-07§2, 2007). 16.08.126 "City" shall mean: The City of Port Orchard, Washington, and all the territory within its existing and future corporate limits. (Ord. 046-07§2, 2007). 16.08.128 "City Clerk" shall mean: The City employee appointed to that position in accordance with the provisions of POMC Title 2. (Ord. 046-07§2, 2007). 16.08.130 "City Engineer" shall mean: The City employee appointed to that position in accordance with the provisions of POMC Title 2. (Ord. 046-07§2, 2007). 16.08.132 "Clearance of a sign" shall mean: The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade. (Ord. 046-07§2, 2007). 16.08.134 "Clearing" shall mean: The limbing, pruning, trimming, topping, cutting or removal of duff vegetation or other organic matter by physical, mechanical, chemical or other means prior to a site development. (Ord. 046-07§2, 2007). 16.08.136 "Clinic' see "health services" (Ord. 046-07§2, 2007) 16.08.138 "Closed record appeal" shall be as defined in 16.08.350. (Ord. 046-07§2, 2007). 16.08.140 "Commission" shall mean: The Planning Commission of the City of Port Orchard. (Ord. 046-07§2, 2007). 16.08.142 "Communication facility - major" shall mean: A communication facility for transmission and reception of: (1) UHF and VHF television signals, (2) FM or AM radio signals, or (3) Cellular radio signals. (Ord. 046-07§2, 2007). 16.08.144 "Communication facility - minor" shall mean: A communication facility for transmission and reception of two-way and/or citizen band ("CB") radio signals; point-to-point Formatteb: Centered Ordinance - Exhibit A microwave signals; signals through FM radio translators, or signals through FM radio boosters under 10 volts effective radiated power. (Ord. 046-07§2, 2007). 16.08.146 "Community park" shall mean: Those parks, trails, or recreation improvements, designated in the City of Port Orchard parks and recreation plan and/or capital facilities plan. (Ord. 046-07§2, 2007). 16.08.148 "Community residential facility (CRF)" shall mean: Living quarters meeting applicable federal and state standards that function as a single housekeeping unit and provide supportive services for a group of individuals comprising more than a family (8 or more individuals excluding staff), including but not limited to counseling, rehabilitation, and medical supervision, including drug and alcohol detoxification but excluding prisoner release participants. (Ord. 046-07§2, 2007). 16.08.150 "Community Residential Facility (CRF - prisoner release)" shall mean: Living quarters meeting applicable federal and state standards that function as a single housekeeping unit and provide supportive services for a group of individuals comprising more than a family (8 or more individuals excluding staff), including but not limited to counseling, rehabilitation, and medical supervision, excluding drug and alcohol detoxification, specifically for prisoner release participants and programs such as half -way houses. (Ord. 046-07§2, 2007). 16.08.151 "Complete application" see definitions of "Application" and POMC 16.06.050 (Ord. 046-07§2, 2007) 16.08.152 "Comprehensive plan" shall mean: Policies and proposals adopted by the Council pursuant to RCW Chapters 36.70A and 35.63 to guide the development of the City and to promote the general welfare. (Ord. 046-07§2, 2007). 16.08.154 "Comprehensive design plan" shall mean: The integration into one architectural design of the building, landscaping, and signs. (Ord. 046-07§2, 2007). 16.08.156 "Concomitant agreement' shall mean: A contract duly executed and legally binding between the City and the property owner that is made in conjunction with Council action. (Ord. 046-07§2, 2007). 16.08.157 (1) "Concuffency" shall mean: Adequate public facilities meeting the level of service standards set forth in the Comprehensive Plan are in place at the time a development permit is issued, or when a development permit is issued subject to the determination that the -' necessary facilities will be in place when the impacts of the development occur, or when improvements or strategies are in place at the time of development, or when a financial commitment is in place to complete the improvements or strategies within six years of the time of the development, as set forth in the Comprehensive Plan. (2) "Concuffency certificate" shall mean: The certificate issued by the City Engineer that confirms concuffency has been met for a specified development or development activity, based upon the completion of any listed improvements, and setting forth the length of time for which the Certificate will remain valid. Such certificate, for development activity for which connection to the public water, sanitary sewer, or storm sewer systems is required, shall also specify the volume of capacity that is available and reserved for use by the development or development activity specified in the certificate, and the duration of the reservation of capacity within the City"s utility system. (3) "Concurency management System" shall mean: The procedures and processes utilized by the City to determine that development approvals, when issued, will not result in the Formattetl: Centered Ordinance _ - Exhibit A reduction of the level of service standards set forth in the Comprehensive Plan. (Ord. 046-07§2, 2007). 16.08.158 "Conditional use' shall mean: A use similar to the allowed uses in a given zone but permitted only after review by the Hearing Examiner, or the City Council as the case may be, and the granting of a conditional use permit imposing such performance standards as are necessary to make the use compatible with other allowed uses in the same vicinity and zone. In the case of an administrative conditional use permit, the granting authority shall be the Development Director. (Ord. 046-07§2, 2007). 16.08.160 "Conditional use permit" shall mean: The documented evidence of authority granted by the City to locate a conditional use at a particular location. (Ord. 046-07§2, 2007). 16.08.161 "Conditional use permit -Administrative" shall mean: The documented evidence of authority granted by the City Development Director to locate a conditional use at a - particular location. 16.08.162 "Conference center' shall mean: An establishment developed primarily as a meeting facility, including facilities for recreation, overnight lodging, and related activities provided for conference participants. (Ord. 046-07§2, 2007). 16.08.164 "Construction - new" shall mean: Structures for which the start of construction commenced on or after the effective date of this code and preceding ordinances. (Ord. 046- 07§2, 2007). 16.08.166 "Construction - start of shall mean: Includes substantial improvement, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwellings units or not part of the main structure. (Ord. 046- 07§2, 2007). 16.08.168 "Cottage Industry" see "home (cottage) Industry" (Ord. 046-07§2, 2007) 16.08.170 "Council' or City Council shall mean: The City Council of the City of Port Orchard (Ord. 046-07§2,2007(. 16.08.172 "Courtyard" shall mean: A space, open and unobstructed to the sky, located at or about grade level on a lot and bounded on 3 or more sides by walls of a building. (Ord. 046- 07§2, 2007). 16.08.174 "Coverage - building" shall mean: The percentage of the area of a lot which is built upon or used for structural purposes. (Ord. 046-07§2, 2007). 16.08.175 "Coverage - site' shall mean: The percentage of the area of a lot or site that is built upon or covered over with impervious materials. (Ord. 046-07§2, 2007). Formatted: Centered Ordinance Exhibit A 16.08.176 "Critical areas" shall mean: Any of those areas in the City which are subject to natural hazards or those lands with features which support unique, fragile, or valuable natural resources including fish, wildlife, and other organism and their habitat and such resources which, in their natural state carry, hold or purify water. Critical areas include the following landform features: erosion hazard areas, landslide hazard areas, seismic hazard areas, steep slop hazard areas, wetlands, streams, flood hazard areas, fish and wildlife habitat conservation areas, areas with a critical recharging effect on aquifers used for potable water, and the adjoining protective buffers necessary to protect the public health, safety and welfare. (Ord. 046-07§2, 2007). 16.08.177 "Critical area setback" shall mean: The areas delineated on a development site proposal for a building permit or grading and clearing permit which contains wetlands, streams, steep slopes hazard areas, landslide hazard areas, and required buffers. (Ord. 046-07§2, 2007). 16.08.178 "Critical facilities" shall mean: Those facilities necessary to protect the public health, safety, and welfare which are defined under the occupancy categories of Essential Facilities, Hazardous Facilities and Special Occupancy Structures in the Uniform Building Code, Table Number 23-K (1988). These facilities include but are not limited to schools, hospitals, police stations, fire departments, and other emergency response facilities, and nursing homes. Critical facilities also include sites of hazardous materials storage or production. (Ord. 046-07§2, 2007). 16.08.180 "Cut de sac" shall mean: A road closed at one end by a circular area of sufficient size for turning large emergency response vehicles. (Ord. 046-07§2, 2007). 16.08.182 "Custodian residential unit' see "accessory use - commercial" (Ord. 046-07§2, 2007) 16.08.184 "Daycare" shall mean: An establishment for group care of non-resident adult or children. Daycare shall include, but not be limited to, SIC industry number 835-Child daycare services, SIC industry number 8322-Adult daycare centers and the following: (1) Adult daycare, such as adult day health centers or social daycare as defined by the Washington State Department of Social & Health Services, (2) Nursery schools for children under minimum age for education in public schools, (3) Privately conducted kindergartens or pre -kindergarten when not a part of a public or parochial school, and (4) Programs covering before and after -school care for school children. (Ord. 046- 07§2, 2007). 16.08.186 "Dedication" shall mean: The appropriation of land by its owner for general or public use, reserving no special rights to themselves. The intention to dedicate by the owner shall be evidenced by the presenting for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for fling by the appropriate governmental unit. (Ord. 046-07§2, 2007). 16.08.187 "Density" a. "Density (Gross)" Shall mean: The acreage of a lot or parcel multiplied by the stated permitted allowed units per acre. b. "Density (Net)" shall mean: The acreage of a lot or parcel minus critical areas multiplied by the density credits as described in POMC 16.40.060. 16.08.188 "Department' unless otherwise specified, shall mean: The Planning Department for the City of Port Orchard. (Ord. 046-07§2, 2007). Formatted: Centered Ordinance Exhibit A 16.08.190 "Department and varlet' store" shall mean: An establishment engaged in the . retail sale of a variety of lines of merchandise, such as dry goods, apparel and accessories, home furnishings, housewares, and including uses located in SIC major group and industry numbers: (1) 53-General merchandise, (2) 5947-Gift, novelty, and souvenir shops, and (3) 5948-Luggage and leather goods stores. (Ord. 046-07§2, 2007). 16.08.193 "Design Review Board" shall mean: The advisory board that makes design recommendations to the City Council on Downtown Overlay District applications; see POMC 16.20.229. (Ord. 046-07§2, 2007). 16.08.194 "Destination resort" shall mean: An establishment for resource -based recreation and intended to utilize outdoor recreational opportunities, including related services, which may include food, overnight lodging, equipment rentals, entertainment and other conveniences for guests of the resort. (Ord. 046-07§2, 2007). 16.08.196 "Developer" shall mean: The person or entity that owns or holds purchase options or other development control over property for which development activity is proposed. (Ord. 046-07§2, 2007). 16.08.198 "Development' shall mean: Any proposed land use, zoning or rezoning, comprehensive plan amendment, annexation, subdivision, short subdivision, planned residential development, building permit, binding site plan or any other action permitted or regulated by the Port Orchard Municipal Code that creates additional demand and need for public facilities. (Ord. 046-07§2, 2007). 16.08.200 "Development activity" shall mean: Any construction; site preparation; expansion of a building, structure, or use; any change in use of a building or structure: or any change in the use of land that creates additional demand and need for public facilities. (Ord. 046-07§2, 2007). 16.08.202 "Development agreement' shall mean: A recorded agreement between a development applicant and Port Orchard which incorporates the site plans, development standards, and other features of a development proposal, which agreement is executed and recorded as part of the a property -specific approval. (Ord. 046-07§2, 2007). 16.08.204 "Development approval authority" shall mean: The City official or tribunal having code authority to approve a development. (Ord. 046-07§2, 2007). 16.08.206 "Development approval' shall mean: Any written authorization from the City which authorizes the commencement of a development activity. (Ord. 046-07§2, 2007). 16.08.210 "Development site" shall mean: The legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from Port Orchard to tarty out a development activity. (Ord. 046-07§2, 2007). 16.08.212 "Directional sign" shall mean: A single -faced or double-faced sign not exceeding two feet by three feet (six square feet) in surface area per side designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience on the premises upon which the sign is located, i.e., entrance and exit signs and/or other similarly worded signs when used for the sole purpose of controlling mobile and pedestrian traffic. (Ord. 046-07§2, 2007). Po —tted Centered Ordinance Exhibit A 16.08.214 "Director" unless otherwise specified shall mean: The Development Director for the City of Port Orchard, or his or her designee. (Ord. 046-07§2, 2007). 16.08.216 "Dock" shall mean: A floating or fixed platform used as a landing place for marine transport or for recreational purposes, and attached to the shore or a fixed pier by a loosely coupled ramp. (Ord. 046-07§2, 2007). 16.08.218 "Dormitory" shall mean: A residential building that provides sleeping quarters, but not separate dwelling units, and may include common dining, cooking, and recreation or bathing facilities. (Ord. 046-07§2, 2007). 16.08.220 "Double-faced sign" shall mean: A sign that also has advertising copy on the opposite side of a single display surface or sign structure. (Ord. 046-07§2, 2007). 16.08.222 "Downtown marquee" shall mean: The marquee located at the 700 and 800 blocks of Bay Street and adjacent streets and was constructed with funds from LID No. 65. (Ord. 046-07§2, 2007). 16.08.224 "Drop box facility" shall mean: A facility used for receiving solid waste and recyclable from off -site sources into detachable solid waste containers, including the adjacent areas necessary for entrance and exit roads, unloading, and vehicle turnaround areas. Drop box facilities normally service the general public with loose loads and may also include containers for separated recyclable. (Ord. 046-07§2, 2007). 16.08.226 "Drug store" shall mean: An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies, including uses located in SIC industry group and numbers: (1) 591-Drug stores and proprietary stores, (2) 5993-Tobacco stores and stands, and (3) 5999-Cosmetics stores. (Ord. 046-07§2, 2007). 16.08.228 "Dwelling unit" shall mean: One or more rooms designed for occupancy by a person or family for living and sleeping purposes, containing kitchen facilities, lavatory, and closet, and rooms with internal accessibility, for use solely by the dwelling's occupant; including but not limited to bachelor, efficiency, and studio apartments, modular, and manufactured homes. (Ord. 046-07§2, 2007). 16.08.230 "Dwelling unit - accessory" shall mean: A separate, complete dwelling unit attached to or contained within the structure of the primary dwelling; or contained within a separate structure that is accessory to the primary dwelling unit on the premises. (Ord. 046-07§2, 2007). 16.08.232 "Dwelling unit - condominium" shall mean: A residential development or structure designed for common ownership by more than 1 family household that is built or developed in combination with other residential structures. Each dwelling unit in the development or structure is built exclusively for occupancy by a single family with separate utility services and no other uses except accessory activities. However, a portion of or all of the unit owners may share title and responsibilities for common property, site, and/or building improvements. Condominiums may be designed and developed about every type of residential structure including single family detached, single family attached, and multifamily. (Ord. 046-07§2, 2007). Formaltetl: Centered Ordinance _ - Exhibit A 16.08.234 "Dwelling unit - group: senior citizen assisted" shall mean: A building containing 2 or more dwelling units restricted to occupancy by senior citizens, and including, but not limited to the following support services: food preparation and dining areas; group activity areas; medical supervision; attendant staff living quarters; and similar activities. (Ord. 046-07§2, 2DO7). 16.08.236 "Dwelling unit - manufactured home" shall mean: A single family residence constructed in accordance with the US Department of Housing & Urban Development (HUD( requirements for manufactured housing and bearing the appropriate insignia indicating such compliance. Such structures shall meet the following requirements: (1) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; and (2) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and (3) Has exterior siding similar in appearance to siding materials commonly used on conventional site -built Uniform Building Code single-family residences (no bare or painted metal); and . (4) Must be permanently installed and affixed to a foundation system in accordance with the Washington Administrative Code 296-1508 as administered by the State Department of Labor & Industries. Such installations shall include approved connections to all appropriate utilities; and (5) Must meet the thermal equivalent of not less than the State Energy Code and therefore be classified as a'Super Good Sense Home". (Ord. 046-07§2, 2007). 16.08.238 "Dwelling unit - mobile home" shall mean: A single family residence transportable in one or more sections that are eight feet or more in width and thirty-two feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed after June 15, 1976. Mobile homes do not include recreational vehicles. (Ord. 046-07§2, 2007). 16.08.240 "Dwelling unit - modular home' shall mean: A structure constructed in a factory in accordance with the Uniform Building Code and bearing the appropriate insignia indicating such compliance. This definition includes "pre -fabricated", "panelized", and "factory built' homes. Such structures shall meet the following requirements: (1) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; and (2) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and (3) Has exterior siding similar in appearance to siding materials commonly used on conventional site -built Uniform Building Code single-family residences (no bare or painted metal); and (4) Be permanently installed and affixed to a foundation system in accordance with the Washington Administrative Code 296-150B as administered by the State Department of Labor & Industries. Such installations shall include approved connections to all appropriate utilities. (Ord. 046-07§2, 2007). 16.08.242 "Dwelling unit - multifamily" shall mean: A residential structure designed for occupancy by more than I family household that is built in combination with other residential structures. Each dwelling unit in the structure is built exclusively for occupancy by a single family with no other uses except accessory activities. However, a multifamily structure may share I or more common walls and stack units on multiple floors. Multifamily residential structures may be clustered on a site, located on a lot line (zero -lot line), and include stacked multiplex, garden apartment, and other prototypes. (Ord. 046-07§2, 2007). Formatted: Centered Ordinance - Exhibit A 16.08.244 "Dwelling unit - mixed use" shall mean: A building containing 2 or more dwelling units which may be organized in stacked arrangements (multiple floors), or in buildings with nonresidential uses, such as a mixed use structure with retail, office or other uses on the ground or lower floors. (Ord. 046-07§2, 2007(. 16.08.246 "Dwelling unit - single family attached" shall mean: A building containing I dwelling unit that occupies space from the ground to the roof, and is attached to 1 or more other townhouse dwellings by common walls which may be located on lot lines. May include buildings with a varying number of units that share one or more sidewalls such as patio house, atrium house, duplex, quadplex, and multiplex or townhouse. A duplex may be two stacked units. (Ord. 046-07§2, 2007(. 16.08.248 "Dwelling unit - Single Family Detached" shall mean: A detached building containing I dwelling unit. The unit is built exclusively for occupancy by a single family with no other uses except accessory activities between the lowest or ground floor level and the upper level or roof. This includes stick -built, manufactured and modular homes. May be arranged in a variety of lot configurations including zero lot line, village, and cluster. (Ord. 046-07§2, 2007(. 16.08.250 "Easement' shall mean: A right granted by the owner of land to another party for specific limited use of that land. (Ord. 046-07§2, 2007(. 16.08.252 "Earth station - major' shall mean: A communication facility that transmits and/or receives signals to and from an orbiting satellite using satellite dish antennas that are larger than 12 feet in diameter. (Ord. 046-07§2, 2007(. 16.08.254 "Energy resource recovery facility' shall mean: An establishment for recovery of energy in a usable form from mass burning or refuse -derived fuel incineration, pyrolysis or any other means of using the heat of combustion of solid waste. (Ord. 046-07§2, 2007(. 16.08.256 "Elderly' shall mean: A person aged 62 1 /2 or older. (Ord. 046-07§2, 2007(. 16.08.258 "Electrical conversion substation" shall mean: A site containing equipment for the conversion of high voltage electrical power transported through transmission lines into lower voltages transported through distribution lines and suitable for individual users. (Ord. 046-07§2, 2007(. 16.08.260 "Electrical sign" shall mean: A sign structure in which electrical wiring, connections, or fixtures are used. (Ord. 046-07§2, 2007(. 16.08.262 "Electronic message sign" shall mean: A sign designed to allow changes in the sign graphics electronically. Message must remain visible for five seconds before a new message appears. (Ord. 046-07§2, 2007(. 16.08.264 "Engineering drawings" shall mean: Diagrams that provide plans, profiles, and cross -sections of utilities and roads to be installed, prepared, and certified by a licensed civil engineer. (Ord. 046-07§2, 2007(. 16.08.266 "Enhancement' shall mean: An action whichincreasesthe functions and values of a stream, wetland or other critical area or buffer. (Ord. 046-07§2, 2007(. Formatted: Centered Ordinance Exhibit A 16.08.268 "Entryway sign" shall mean: A City -owned sign designed to advertise the City and aspects of the City, to include, but not be limited to, public buildings, activities, and businesses. (Ord. 046-07§2, 2007). 16.08.270 "Equipment -heavy" shall mean: High -capacity mechanical devices for moving earth or other materials, and mobile power units including, but not limited to: (1) Carryalls, (2) Graders, (3) Loading and unloading devices, (4) Cranes, (5) Drag lines, (6) Trench diggers, (7) Tractors, (8) Augers, (9) Bulldozers, (10) Concrete mixers and conveyers, (11) Harvesters, (12) Combines, or (13) Other major agricultural equipment and similar devices operated by mechanical power as distinguished from manpower. (Ord. 046-07§2, 2007). 16.08.272 "Equipment - light' shall mean: Such construction machinery as chain saws, wheelbarrows, post -hold diggers and all hand-held tools. (Ord. 046-07§2, 2007). 16.08.274 "Erosion" shall mean: The process by which soil particles are mobilized and transported by natural agents such as wind, rain splash, frost action or surface water flow. (Ord. 046-07§2, 2007). 16.08.276 "Evergreen" shall mean: A plant species with foliage that persists and remains green year round. (Ord. 046-07§2, 2007). 16.08.278 "Evidence' shall mean: Testimony, exhibits, reports, maps, correspondence, and other documents that are admitted into the official record during an open record hearing. See also, "New evidence," herein. (Ord. 046-07§2, 2007). 16.08.280 "Examiner" shall mean: The regular hearing examiner or hearing examiner pro tem of the City of Port Orchard. (Ord. 046-07§2, 2007). 16.08.281 "Exempt development' shall mean: For purposes of concurrency, a proposed development or development activity that has been determined by standards adopted in the Land Use Code to be of such a low intensity as to have a de minimis effect upon the level of service standards set forth in the Comprehensive Plan and thus no concurrency certificate is required. Any application which, if approved, will require the connection to the public water, sanitary sewer, or storm water system must obtain a Concurrency Certificate as a condition of approval. Any application, the approval of which will result in development generating less than 12 average daily trips shall be deemed exempt from obtaining a Concurrency Certificate for transportation. (Ord. 046-07§2, 2007). 16.08.282 "Fabric shop" shall mean: An establishment engaged in the retail of sewing supplies and accessories, including uses located in SIC industry numbers: (1) 5949-Sewing, needlework, and piece goods stores, and (2) Awning shops, banner shops, and flag shops found in 5999. (Ord. 046-07§2, 2007). FormattM: Centered Ordinance Exhibit A 16.08.284 "Facade" shall mean: The entire building front or street wall face, including grade, to the top of the parapet or eaves and the entire width of the building elevation. (Ord. 046-07§2, 2007). 16.08.286 "Fairground" shall mean: A site permanently designated and improved for holding a county fair, as provided in RCW Chapters 15.76 and 36.37, or for holding similar events, including but not limited to: (1) Carnivals, (2) Circuses, (3) Expositions, (4) Animal shows, and (5) Exhibitions and/or demonstrations of farm and home products with accompanying entertainment and amusements. (Ord. 046-07§2, 2007). 16.08.288 "Factory -bulb commercial building" shall mean: Any structure that is either entirely or substantially prefabricated or assembled at a place other than a building site; and designed or used for nonresidential human occupancy. (Ord. 046-07§2, 2007). 16.08.290 "Family" shall mean: An individual; 2 or more persons related by blood or marriage; a group of 8 or fewer residents, who are not related by blood or marriage, living together as a single housekeeping unit; For purposes of this definition, minors living with parents shall not be counted as part of the maximum number of residents. (Ord. 046-07§2, 2007). 16.08.292 "Family - foster' shall mean: A family wherein 1 or more individuals is provided with room, board, ordinary care, and supervision in a family environment, and where the parent/operator is licensed by the State and is not legally related to the individuals supervised. (Ord. 046-07§2, 2007). 16.08.293 "Fee" or "Sling fee" shall mean: The fee for filing an application, as said fee is established annually by resolution of the City Council. Unless otherwise indicated, all fees must be paid at the time the application is submitted to the City. (Ord. 046-07§2, 2007). 16.08.294 "Feed store' shall mean: An establishment engaged in retail sale of supplies directly related to the day to day activities of agricultural production. (Ord. 046-07§2, 2007). 16.08.296 "Fence" shall mean: A barrier for the purpose of enclosing space or separating lots, composed of: Wood, metal or concrete posts connected by boards, rails, panels, wire, mesh, masonry, or concrete -- excluding retaining walls (Ord. 046-07§2, 2007). 16.08.293 "Final action" shall mean: The official action of a City official, hearing examiner, or City Council, for which there is no further appeal opportunity within the City government. (Ord. 046-07§2, 2007). 16.08.298 "Flashing sign" shall mean: A sign or a portion thereof which changes light intensity or switches on and off in a constant, random, or irregular pattern or contains motion or the optical illusion of motion by use of electrical energy. Electronic message signs shall not be considered flashing signs. (Ord. 046-07§2, 2007). 16.08.300 "Floor - lowest' shall mean: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than basement area, is not considered a Formatted: Centered Ordinance Exhibit A building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this code. (Ord. 046-07§2, 2007). 16.08.302 "Florist shop" shall mean: An establishment engaged in the retail sale of flowers and plants, including uses located in SIC industry numbers: (1) 5992-Florists, and (2) 5999-Artificial flowers. (Ord. 046-07§2, 2007). 16.08.304 "Forest land" shall mean: Land devoted primarily to growing and harvesting forest and timber products and designated as a forest production district. (Ord. 046-07§2, 2007). 16.08.306 "Forest practice" shall mean: Any activity regulated by the Washington State Department of Natural Resources in Washington Administrative Code (WAC) 222 or the Revised Code of Washington (RCW) 79.06 for which a forest practice permit is required, together with: (1) Fire prevention, detection, and suppression; and (2) Slash burning or removal. (Ord. 046-07§2, 2007). 16.08.308 "Forest product sales" shall mean: The sale of goods produced, extracted, consumed, gathered or harvested from a forest including, but not limited to: (1) Trees, (2) Logs, (3) Fuel wood, (4) Cones, (5) Christmas trees, (6) Berries, (7) Herbs, or (8) Mushrooms. (Ord. 046-07§2, 2007). 16.08.310 "Forest research" shall mean: The performance of scientific studies relating to botany, hydrology, silviculture, biology, and other branches of science in relation to management of forest lands, including but not limited to SIC industry numbers: (1) 8731-Commercial physical and biological research, (2) 8733-Noncommercial research organizations, and (3) 8734-Testing laboratories. (Ord. 046-07§2, 2007). 16.08.312 "Freestanding sign" shall mean: A permanent pole, ground, or monument sign attached to the ground and supported by uprights or braces placed on or in the ground and not attached to any building. (Ord. 046-07§2, 2007). 16.08.314 "Furniture and home furnishings store" shall mean: An establishment engaged in the retail sale of household furniture and furnishings for the home including uses located in SIC major group and industry numbers: 57-Home furniture, furnishings, and equipment stores. (Ord. 046-07§2, 2007). 16.08.316 "Gas station price sign" shall mean: A sign advertising the price of motor fuel and contains no other business or product advertising other than the business logo. (Ord. 046-07§2, 2007). 16.08.318 "General business service" shall mean: An establishment engaged in providing services to businesses or individuals, with no outdoor storage or fabrication, including uses located in SIC major group numbers: 7 Forma[tetl: Centered Ordinance Exhibit A (1) 60-Depository institutions, (2) 61-Nondepository credit institutions, (3) 62-Security and commodity brokers, dealers, exchanges, and services, (4) 653-Real estate agents and managers, (5) 7299-Miscellaneous personal services, not elsewhere classified, (6) 73-Business services, except industry group and industry numbers 7312-Outdoor advertising services, (7) 35-Miscellaneous equipment rental and leasing, and (8) 86-Membership organizations, including administrative offices of organized religions found in 8661, but excluding churches and places of worship. (Ord. 046-07§2, 2007). 16.08.320 "Geologist' shall mean: A person who has earned a degree in geology from an accredited college or university, or a person who has equivalent educational training and has at least 4 years of professional experience as a practicing geologist. (Ord. 046-07§2, 2007). 16.08.322 "Geotechnical engineer" shall mean A practicing geotechnical/civil engineer licensed as a professional civil engineer by the State of Washington who has at least 4 years of professional employment as a geotechnical engineer with experience in landslide evaluation. (Ord. 046-07§2, 2007). 16.08.324 "Growth Management Act - GMA" shall mean: The Growth Management Act (GMA), Chapter 17, Law of 1990, lst Extended Session, Revised Code of Washington (RCW) Chapter 36.70A et sequitur, and Chapter 32 Laws of 1991, 1st Special Session, Revised Code of Washington (RCW) 82.02.050 et sequitur, as now in existence or hereafter amended. (Ord. 046- 07§2, 2007). 16.08.326 "Golf facility" shall mean: A recreational facility, under public or private ownership, designed and developed for uses including, but not limited to: (1) A golf course; (2) Driving range; (3) Pro shops; (4) Caddyshackbuildings; (5) Restaurants; (6) Office and meeting rooms; and (7) Related storage facilities. (Ord. 046-07§2, 2007). 16.08.328 "Grading" shall mean: Any excavation, filling and/or removal of vegetation/ground cover typically done in preparation of site development or landscaping. (Ord. 046-07§2, 2007). 16.08.330 "Grazing area' shall mean: Any open land area used to pasture livestock in which forage is maintained at an average height of 3 inches over 80 percent of the area. (Ord. 046-07§2, 2007). 16.08.332 "Ground sign" shall mean: A freestanding sign that is less than five feet in height. (Ord. 046-07§2, 2007). 16.08.334 "Groundcover" shall mean: Living plants designed to grow low to the ground (generally 1 foot or less) and intended to stabilize soils and protect against erosion. (Ord. 046- 07§2, 2007). Formatted: centered Ordinance Exhibit A 16.08.336 "Hazardous household substance" shall mean: A substance as defined in RCW 70.105.010. (Ord. 046-07§2, 2007). 16.08.338 "Hazardous waste" shall mean: All dangerous and extremely hazardous waste as defined in RCW 70.105.010(15(, or its successor, except for moderate risk waste as set forth in RCW 70.105.010(17), or its successor. (Ord.046-07§2, 2007). 16.08.340 "Hazardous waste - storage" shall mean: The holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC, or its successor. (Ord. 046-07§2, 2007). 16.08.342 "Hazardous waste - treatment' shall mean: The physical, chemical, or biological processing of hazardous waste for the purpose of rendering wastes non -dangerous or less dangerous, safer for transport, amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations Chapter 173-303 WAC or its successor. (Ord. 046-07§2, 2007(. 16.0&344 "Hazardous waste - treatment and storage facility off -site" shall mean: Treatment and storage facilities that treat and store hazardous wastes generated on a property other than those on which the off -site facilities are located. (Ord. 046-07§2, 2007). 16.08.346 "Hazardous waste - treatment and storage facility on-sl e" shall mean: Treatment and storage facilities that treat and store hazardous wastes generated on the some property. (Ord. 046-07§2, 2007). 16.08.348 "Health services - clinic" shall mean: Establishments primarily engaged in furnishing medical, surgical, and other health services to persons. Establishments or associations or groups, such as Health Maintenance Organizations (HMOs), primarily engaged in providing medical or other health services to members are included except those which limit their services to insurance. Includes hospices, offices and clinics for doctors of medicine, dentists, doctors or osteopathy, chiropractors, optometrists, podiatrists, and health practitioners not classified elsewhere. (Ord.046-07§2, 2007(. 16.08.350 "Hearing" shall mean: One of the following meanings, as used in a particular context: (1( "Open record hearing" means a public hearing for the purpose of taking evidence through testimony and admission of exhibits, reports and other documents in order to make a recommendation or issue a decision on the matter that is the subject of the hearing. Such evidence, if admitted, will become part of the official record of the matter. An open - record hearing shall be conducted on an appeal if no other open record hearing has been previously held on the project permit. (2) "Open record pre -decision hearing" means a public hearing held prior to a decision on a matter, and for the purpose of a recommendation by the Hearing Examiner to the Council on the matter. No open record pre -decision hearings will be held on any matters relating to environmental review and decision -making where state law, pursuant to Ch. 43.21C RCW and Ch. 36.70B RCW, as written or hereafter amended, requires appeals of environmental - review to be considered together with the underlying governmental action and limits appeals of such matters to one open record hearing and one closed record review. (3( "Closed record public hearing" means a public hearing before the City Council following a open record pre -decision hearing, in which no new evidence is considered or allowed. Oral argument shall be permitted in favor or against the recommendation of the Hearing Examiner; however such oral arguments shall be strictly limited in accordance with this provision. Formatted: Centered Ordinance Exhibit A (4( "Closed record appeal hearing" means a hearing held pursuant to POMC 2.76.150. 16.08.352 "Heavy equipment repair" shall mean: The repair and maintenance of self - powered, self-propelled or towed mechanical devices, and equipment and vehicles used for commercial purposes, excluding: (1( Automobiles, (2( Recreational vehicles, and (3( Boats and trailers, and including, but not limited to: (a( Tandem axle trucks, (b( Graders, (c( Backhoes, (d( Tractor trailers, (e( Cranes, and (f( Lifts. (Ord. 046-07§2, 2007(. 16.08.354 "Hellpad" shall mean: A landing area designed for the landing of helicopters, including associated parking, lighting, and related safety/security improvements. (Ord. 046-07§2, 2007(. 16.08.356 "Hobby, toy, and game shops" shall mean: An establishment engaged in the retail sale of toys, games, hobby, and craft kits, including uses located in SIC industry numbers: (1( 5945-Hobby, toy, and game shops, and (2( 5999-Autograph and philatelist supply stores, coin shops, and stamps, philatelist - retail (except mail order(. (Ord.046-07§2, 2007(. 16.08.358 "Home (cottage) Industry" shall mean: A limited -scale activity undertaken for financial gain with some on -site service or sales or fabrication, which occurs in a dwelling unit or residential accessory building, or in a barn or other resource accessory building and is subordinate to the primary use of the premises as a residence or farm in accordance with the provisions of Chapter 16.38 POMC. (Ord. 046-07§2, 2007(. 16.08.360 "Home - manufactured" shall mean: A single family residence constructed in accordance with the US Department of Housing & Urban Development (HUD( requirements for manufactured housing and bearing the appropriate insignia indicating such compliance. Such structures shall meet the following requirements: (1( Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; and (2( Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and (3( Has exterior siding similar in appearance to siding materials commonly used on - conventional site -built Uniform Building Code single-family residences (no bare or painted metal(; and (4( Must be permanently installed and affixed to a foundation system in accordance with the Washington Administrative Code 296-150B as administered by the State Department of Labor & Industries. Such installations shall include approved connections to all appropriate utilities; and - (5( Must meet the thermal equivalent of not less than the State Energy Code and therefore be classified as a "Super Good Sense Home". (Ord. 046-07§2, 2007). 16.08.362 "Home - mobile" shall mean: A single family residence transportable in one or more sections that are eight feet or more in width and thirty-two feet or more in length, built on a Format6ad: Centered Ordinance - Exhibit A permanent chassis, designed to be used as a permanent dwelling and constructed after June 15, 1976. Mobile homes do not include recreational vehicles. (Ord. 046-07§2, 2007). 16.08.364 "Home - modular" shall mean: A structure constructed in a factory in accordance with the Uniform Building Code and bearing the appropriate insignia indicating such compliance. This definition includes "pre -fabricated", 'panelized", and "factory built' homes. Such structures shall meet the following requirements: (1) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; and (2) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and (3) Has exterior siding similar in appearance to siding materials commonly used on conventional site -built Uniform Building Code single-family residences (no bare or painted metal); and (4) Must be permanently installed and affixed to a foundation system in accordance with the Washington Administrative Code 296-150B as administered by the State Department of Labor & Industries. Such installations shall include approved connections to all appropriate utilities. (Ord. 046-07§2, 2007). 16.08.366 "Home occupation" shall mean: A limited -scale activity undertaken for financial gain with some on -site sales or service, which occurs in a dwelling unit or accessory building and is subordinate to the primary use of the premises as a residence in accordance with the provisions of Chapter 16.38 POMC. (Ord. 046-07§2, 2007). 16.08.367 "Home park or subdivision - mobile" shall mean: A parcel (or contiguous parcels) of land divided into 2 or more mobile home lots for rent or sale. (Ord. 046-07§2, 2007). 16.08.368 "Home profession" shall mean: A limited -scale activity undertaken for financial gain with no on -site fabrication, service or sales, which occurs in a dwelling unit or accessory building and is subordinate to the primary use of the premises as a residence in accordance with the provisions of Chapter 16.38 POMC. (Ord. 046-07§2, 2007). 16.08.370 "Hospitals" shall mean: Establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical services, and other hospital services, as well as continuous nursing services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Does not include convalescent homes. (Ord. 046-07§2, 2007). 16.08.372 "Hotels and motels" shall mean: Commercial establishments with more than 7 guest rooms, known to the public as hotels, motor hotels, motels, or tourists" courts, primarily engaged in providing lodging, or lodging and meals, for the general public; includes hotels that are operated by membership organizations and are open to the general public. (Ord. 046-07§2, 2007). 16.08.374 "Hotels - rooming and boarding houses" shall mean: Establishments primarily engaged in renting rooms, with or without board, on a fee basis. Does not include lodging houses and hotels operated by membership organizations for the benefit of their constituents and not open to the general public. (Ord. 046-07§2, 2007). FormaUetl: Centered Ordinance Exhibit A 16.08.376 "Houseboat' shall mean: A watercraft structure designed primarily to be occupied as a dwelling unit that does not have a motor but is provided with sewer and water hookups. (Ord. 046-07§2, 2007). 16.08.378 "Household pets" shall mean: Small animals that are kept within a dwelling unit. (Ord. 046-07§2, 2007). 16.08.380 "Hydroelectric generation facility" shall mean: An establishment for the generation of electricity using water sources. (Ord. 046-07§2, 2007). 16.08.382 'Individual transportation and taxi' shall mean: An establishment engaged in furnishing individual or small group transportation by motor vehicle, including uses located in SIC industry group and numbers: (1) 412-Taxicabs, and (2) 4119-Local passenger transportation, not elsewhere classified. (Ord. 046-07§2, 2007). 16.08.384 'Impact' shall mean: Any additional demand and need for public facilities or services that is reasonably related to the proposed development. (Ord. 046-07§2, 2007). 16.08.386 'Impact fee" shall mean: The fee or charge levied as a condition of issuance of a building permit or development approval and which mitigates all or any portion of an impact. (Ord. 046-07§2, 2007). 16.08.388 "Impervious surface' shall mean: A hard or compacted surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, or a hard or compacted surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions preexistent to development. Common impervious surfaces include but are not limited to rooftops, concrete or asphalt paving, paved walkways, patios, compacted gravel, driveways, parking lots and storage areas, and oiled, macadam, or other surfaces which similarly impeded the natural infiltration of surface water. (Ord. 046-07§2, 2007). 16.08.390 'Improved public roadways" shall mean: Public road rights -of -way that have been improved with at least 2 travel lanes and are maintained by Port Orchard, Kitsap County or Washington State. (Ord. 046-07§2, 2007). 16.08.392 "Incidental sign" shall mean: A small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business. Such signs shall not exceed 12 inches by 18 inches in size. (Ord. 046- 07§2, 2007). 16.08.394 "Indirect lighting" shall mean: Lighting displayed or reflected on the surface or face of a sign which is not inside the sign and not a part of the sign proper. (Ord. 046-07§2, 2007). 16.08.396 "Interim recycling facility" shall mean: A site or establishment engaged in collection or treatment of recyclable materials, which is not the final disposal site, and including: (1) Drop boxes, (2) Source -separated, organic waste processing facilities, and (3) Collection, separation, and shipment of glass, metal, paper or other recyclables to others who will re -use them or use them to manufacture new products. (Ord. 046-07§2, 2007). Formatted: Centered Ordinance - Exhibit A 16.08.398 "Jail" shall mean: 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. (Ord. 046-07§2, 2007). 16.08.400 "Jail farm" shall mean: A farm or camp on which persons convicted of minor law violations are confined and participate in agriculture and other work activities of the facility. (Ord. 046-07§2, 2007). 16.08.402 "Jewelry store" shall mean: An establishment engaged in the retail sale of a variety of jewelry products, including uses located in SIC industry numbers: (1) 5944-Jewelry stores, and (2) Gem stones and rock specimens found in 5999. (Ord. 046-07§2, 2007). 16.08.404 "Kennel' shall mean: A place where adult dogs are temporarily boarded for compensation, whether or not for training. An adult dog is one of either sex, altered or unaltered, that has reached the age of 6 months. (Ord. 046-07§2, 2007). 16.08.406 "Landoll' shall mean: A disposal site or part of a site at which refuse is deposited. (Ord. 046-07§2, 2007). 16.08.408 "Landing field" shall mean: A runway or landing area which is designed, used or intended to be used by private fixed wing aircraft, including necessary taxiways, storage, and tie -down areas. (Ord. 046-07§2, 2007). 16.08.410 "Landscaping" shall mean: Live vegetative materials required for a development. Said materials provided along the boundaries of a development site is referred to as perimeter landscaping. Landscaping provided on the remainder of the site is referred to as interior landscaping. (Ord.046-07§2, 2007). 16.08.412 "Landslide" shall mean: Episodic down slope movement of a mass of soil or rock including snow avalanches. (Ord. 046-07§2, 2007). 16.08.414 "Level -of -service (LOS)" shall mean: Traffic congestion as measured along a roadway or at an intersection and as identified by a letter scale from A to F calculated by a methodology endorsed by the Institute of Transportation Engineers (ITE). (Ord. 046-07§2, 2007). 16.08.416 "Livestock" shall mean: Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding, and production, including but not limited to cattle, riding and draft horses, hogs, sheep, and goats. (Ord. 046-07§2, 2007). 16.08.418 "Livestock - large" shall mean: Cattle, horses, llamas, alpaca, and other livestock generally weighing over 500 pounds. (Ord. 046-07§2, 2007). 16.08.420 "Livestock - small" shall mean Hogs, sheep, goats, miniature horses, llamas, alpaca, and other livestock generally weighing under 500 pounds. (Ord. 046-07§2, 2007). 16.08.422 "Loading space" shall mean: A space for the temporary parking of a vehicle while loading or unloading cargo or passengers. (Ord. 046-07§2, 2007). Formatted: Centered Ordinance - Exhibit A 16.08.424 "Lodging house" shall mean: Lodging houses and hotels operated by membership organizations for the benefit of their constituents and not open to the general public. Additional information can be found within SIC 7041. (Ord. 046-07§2, 2007). 16.08.426 "Log storage" shall mean: A facility for the open or enclosed storage of logs which may include repair facilities for equipment used on -site or operations offices. (Ord. 046- 07§2, 2007). 16.08.428 "Logo' shall mean: An identifying emblem or insignia containing sign graphics, symbols, or colors typically used for identification and/or advertisement. (Ord. 046-07§2, 2007). 16.08.430 "logo shield" shall mean: A logo contained within an area no greater than four square feet, incorporated into a larger sign face or designed as an individual sign or a component of a sign containing individually mounted sign graphics. (Ord. 046-07§2, 2007). 16.08.432 "Lot' shall mean: A measured parcel of land having fixed boundaries and designated on a plat or survey. A physically separate and distinct parcel of property, which has been created pursuant to the provisions of this Chapter 58.17 RCW and POMC Chapter 16.72. The term shall include tracts or parcels. (Ord. 046-07§2, 2007). 16.08.434 "Lot - corner" shall mean: A lot bounded on two or more adjacent sides by a public street, private road access, easement, or any combination of these. (Ord. 046-07§2, 2007). 16.08.436 "Lot - frontage" shall mean: The front boundary line of a lot bordering on the street and in the case of a corner lot, may be either boundary line bordering on the street. (Ord. 046-07§2, 2007). 16.08.438 "lot -measurements" shall mean: (1) Depth of a lot shall be considered to be the dimension between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. (2) Width of a rectangular lot shall be considered to be the dimension between its 2 side lot lines perpendicular to the street. For an irregularly shaped lot the width shall be considered to be a dimension which equals the lot line most nearly perpendicular to the frontage street. (Ord. 046-07§2, 2007). 16.08.440 "Lot -through" shall mean: A lot having frontage on two parallel or approximately parallel streets. (Ord. 046-07§2, 2007). 16.08.442 "Lot - types"shall mean: (1) Corner lots are located at the junction of, and fronting on, 2 or more intersecting . streets. (2) Interior lots do not front on 2 or more streets. (3) Through lots, other than comer lots, have frontage on more than 1 street. Through lots abutting 2 streets may be referred to as double -frontage lots. (Ord. 046-07§2, 2007). 16.08.444 "Lot area - minimum" shall mean The minimum or smallest amount of total lot area in a single ownership expressed in square feet necessary to satisfy the physical development standards defined in this code. (Ord. 046-07§2, 2007). 16.08.446 "Lot lines" shall mean: Formatted: Centered 1 Ordinance - Exhibit A (1) Lot Front Line. "Lot front line" means that lot line at which vehicular access is off of a public right-of-way, private street, access easement or tract; (2) Lot Rear Line. "Lot rear line" means a lot line which is opposite and most distant from the lot front line. For the purpose of establishing the lot rear line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: (a) For a triangular- or gore -shaped lot, a line 10 feet in length within the lot and farthest removed from the lot front line and at right angles to the line comprising the depth of such lot shall be used as the lot rear line; (b) In the case of a trapezoidal lot, the rear line of which is not parallel to the front line, the lot rear line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded lot rear line; (3) Lot Side Line. "Lot side line" means any lot boundary line not a lot front line or a lot rear line. (Ord. 046-07§2, 2007). 16.08.448 "Lot line - Interior" shall mean: Lot lines that delineate property boundaries along those portions of the property which do not abut a street. (Ord. 046-07§2, 2007). 16.08.450 "Lot line Interior - zero" shall mean: The elimination of one side yard setback so that a side building line can be constructed on the lot line. Zero -lot lines must be designated on a plat. (Ord. 046-07§2, 2007). 16.08.452 "Marina' shall mean: A water -dependent facility that provides moorage, wet and/or dry storage, and other related sales and maintenance services, including but not limited to showers, toilets, self-service laundries, and boat fuel, for pleasure and commercial; does not include community and public docks, overhauls, engine pulling, or bottom painting. Live aboards are permitted only in established marinas. (Ord. 046-07§2, 2007). 16.08.454 "Marina - boat repair" shall mean: An establishment providing docking, moorage space and related activities limited to the provisioning or repair of pleasure and commercial boats and yachts, and personal services. (Ord. 046-07§2, 2007). 16.08.456 "Marine cargo handling - pier" shall mean: A fixed structure built over the water, used as landing place for marine transport or for recreational purposes. (Ord. 046-07§2, 2007). 16.08.458 "Marquee" shall mean: A permanent roof -like structure or canopy of rigid material supported by and extending from the facade of a building. Also see "Downtown marquee," 16.08.222. (Ord. 046-07§2, 2007). 16.08.460 "Material error" shall mean: Substantive information upon which a permit decision is based that is submitted in error or is omitted at the time of permit application. (Ord. 046-07§2, 2007). 16.08.462 "May" shall mean: Optional and permissive, and does not impose a requirement. (Ord. 046-07§2, 2007). 16.08.464 "Microwave" shall mean: Electromagnetic waves with a frequency of 890 megahertz (mhz) or greater. (Ord. 046-07§2, 2007). Formatted: Centered Ordinance - Exhibit A 16.08.466 "Mitigation or Mitigate" shall mean: Any action which avoids any negative or adverse impact, or which ameliorates any such impact. (Ord. 046-07§2, 2007). 16.08.468 "Mobile home" see "Dwelling unit - Mobile home" (Ord. 046-07§2, 2007) 16.08.470 "Mobile home - park" shall mean: A tract of land developed with individual sites and facilities to accommodate 2 or more mobile homes. (Ord. 046-07§2, 2007). 16.08.472 "Modification - major' shall mean: A major alteration of a site plan shall include any I of the following: (1) Any enlargement of proposed building(s). (2) Any site relocation of proposed building(s). (3) Any change in exterior design. (4) Any modification that creates new traffic circulation patterns. (Ord. 046-07§2, 2007). 16.08.474 "Monument' shall mean: A permanently established marker which is used to establish property corners and control for surveys. (Ord. 046-07§2, 2007). 16.08.476 "Monument sign" shall mean: A permanent freestanding sign, which is attached to the ground by means of a wide base. (Ord. 046-07§2, 2007). 16.08.478 "Monuments, tombstones, and gravestones sales" shall mean: The retail sale of custom stonework products including uses located in SIC industry number 5599-Monuments, finished to custom order, tombstones, and gravestones finished. (Ord. 046-07§2, 2007). 16.08.480 "Motor vehicle dealers' shall mean: An establishment engaged in the retail sale of new and/or used automobiles, motor homes, motorcycles, or trailers, including uses located in SIC major group and industry group numbers: (1) 55-Automobile dealers and gasoline service stations except: (a) 553-Auto and home supply stores, (b) 554-Gasoline service stations, and (2) Aircraft dealers found in 5599. (Ord. 046-07§2, 2007). 16.08.482 "Motor vehicle and bicycle manufacturing" shall mean: Fabricating or assembling complete passenger automobiles, trucks, commercial cars and buses, motorcycles, and bicycles, including uses located in SIC industry group numbers: (1) 371-Motor vehicles and motor vehicle equipment, and (2) 375-Motorcycles, bicycles, and parts. (Ord. 046-07§2, 2007). 16.08.484 "Multiple occupancy complex" shall mean: A group of structures each housing at least one retail business, office, or commercial venture, or a single structure containing more than one separate business entity. (Ord. 046-07§2, 2007). 16.08.486 "Municipal water production" shall mean: The collection, processing, and transmission facilities for municipal water systems, using surface or ground water sources. (Ord. 046-07§2, 2007). 16.08.488 "Mural' shall mean: Art renderings on exterior walls that do not advertise a business, product, service, or activity. (Ord. 046-07§2, 2007). 16.08.490 "Must" shall mean: The same meaning as "shall" herein, and is mandatory and imposes a requirement. (Ord. 046-07§2, 2007). Formatted: Centered Ordinance - Exhibit A 16.08.492 "Native vegetation" shall mean: Plant species that are indigenous and naturalized to the City's region and which can be expected to naturally occur on a site. Native vegetation does not include noxious weeds. (Ord. 046-07§2, 2007). 16.08.494 "Natural" shall mean: (1) Building maie6als: When used in context of the Tremont Street Corridor Overlay District "natural" means wood siding (horizontal, vertical or diagonal; no T-1 I1), wood shake, river cobble, slate, brick (natural colors(, stucco (as accent only), and clay tile. (2) Colors: When used in context of the Tremont Street Corridor Overlay District "natural" colors are what is commonly referred to as earthtone colors; examples of earthtone colors include almond, bluegrass, brick, cedar beige, chamois, cobblestone, cordovan, cream, driftwood gray, gray, Monterey Pine, rose quartz, silver gray beige, and topaz. V. 16.08.496 "Naturalized species" shall mean: Non-native species of vegetation that are adaptable to the climatic conditions of the coastal region of the Pacific Northwest. (Ord. 046- 07§2, 2007). 16.08.498 "New evidence" shall mean: Any and all evidence that is submitted or received after the date the examiner, or City Council as the case may be, closes the official record. The official record is closed at the end of the hearing, unless the examiner specifically allows the official record to remain open for a time certain. (Ord. 046-07§2, 2007). 16.08.500 "Nonconforming - structure" shall mean: A building or structure which was lawfully constructed, altered, and/or maintained, but which does not conform to the regulations of the zone in which the building exists. (Ord. 046-07§2, 2007). 16.08.502 "Nonconforming - use" shall mean: A use which has lawfully established and continuously maintained, but which does not conform to the regulations of the zone in which the use exists. (Ord. 046-07§2, 2007). 16.08.504 "Nonconformance" shall mean: Any use, improvement or structure established in conformance with the rules and regulations in effect at the time of establishment that no longer conforms to the range of uses permitted in the site's current zone or to the current development standards of this code due to the change in the code or its application to the subject property. (Ord. 046-07§2, 2007). 16.08.506 "Non -hydroelectric generation facility" shall mean: An establishment for the generation of electricity by nuclear reaction, burning fossil fuels, wind and solar machines or other electricity generation methods. (Ord. 046-07§2, 2007). 16.08.508 "Normal rainfall" shall mean: Rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for Kitsap County as recorded at the Bremerton National Airport. (Ord. 046-07§2, 2007). 16.08.510 "Noxious weed" shall mean: Any plant which when established is highly destructive, competitive, or difficult to control by cultural or chemical practices (see Chapter 17.10 RCW). The state noxious weed list in WAC Chapter 16-750 is the officially adopted list of noxious weeds by the Noxious Weed Control Board and recognized by Port Orchard. (Ord. 046- 07§2, 2007). wrmattea: Centered Ordinance Exhibit A 16.08.512 "Off -premises sign" shall mean: An outdoor advertising, informational, directional, or identification sign, which relates to products, businesses, services, or premises not located on or otherwise directly associated with the site on which the sign is erected. (Ord. 046-07§2, 2007). 16.08.514 "Official file" shall mean: (1) All materials accepted by the examiner, or the City Council as the case may be, for purposes of the hearing, or created during the hearing, including but not limited to: (a) All application materials submitted by the applicant; (b) The staff report for the hearing; (c) All written comments received by the City prior to the hearing, or received into the official record during the hearing; (d) The list of persons who signed in to the public hearing indicating a desire to testify, or who wish to be notified of a decision or recommendation on the matter; (e) The electronic recording of the hearing on the matter, or a transcript of the electronic hearing on the matter, certified under oath to be a transcript of the electronic recording of the hearing on the matter; (f) The recommendation or decision of the examiner. (2) If a decision of the examiner is appealed to the Council, the following will also be included in the official file: (a) The letter or notice of appeal; (b) The staff report on the appeal; (c) Any legal motions, briefs or other written appeal documents submitted by a party of record. (3) If the decision of the Council is appealed to Superior Court, the following will also be included in the official file: (a) The electronic recording of the appeal to Council and minutes of the same, or a transcript of the electronic hearing on the matter, certified under oath to be a true and correct transcript of the electronic recording of the hearing on the appeal; (b) The decision of the Council. (Ord. 046-07§2, 2007). 16.086516 "Official plans" shall mean: The comprehensive plan, these development regulations, and other documents adopted by the City Council of the City of Port Orchard. (Ord. 046-07§2, 2007). 16.08.518 "Official record" shall mean: The written and oral information, exhibits, reports, testimony and other evidence submitted in a timely manner and accepted by the examiner, or the City Council, if applicable. An electronic recording or transcript certified as a true and correct transcript of an electronic recording of the hearing is a part of the official record. (Ord. 046-07§2, 2007). 16.08.520 "Open record hearing" shall be as defined in 16.08.350.(Ord. 046-07§2, 2007). 16.08.522 "Open-work fence" shall mean: A fence in which the solid portions are evenly distributed and constitute no more than 50 percent of the total surface area. (Ord. 046-07§2, 2007). 16.08.524 "Ordinances" shall mean: A legislative enactment of a City or county. (Ord. 046- 07§2, 2007). 16608.526 "Owner" shall mean: The owner of record of real property provided that, if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property. (Ord. 046-07§2, 2007). Formatted: centered Ordinance - Exhibit A the sie on which the Sign 5 IeGGi8d, and which sign is a substGRtel PeFMaReRi 0FWG4WF9 Wit; 2004, 16.08.530 "Parapet' shall mean: That portion of a building wall which extends above the roof of the building. (Ord. 046-07§2, 2007). 16.08.532 "Park" shall mean: A site designed or developed for recreation use by the public including, but not limited to: Indoor facilities, such as: Gymnasiums, Swimming pools, or Activity centers; Outdoor facilities, such as: Playfields, courts, playgrounds, Fishing and boating access areas, or Picnicking and other group activity areas, and Areas and trails for: Hikers, Equestrians, or Bicyclists. (Ord. 046-07§2, 2007). 16.08.534 "Parks study" shall mean: The studies included in the adopted comprehensive land use plan and the adopted parks plan, and any amendments thereto, copies of which are on file with the Planning Director. (Ord. 046-07§2, 2007). 16.08.536 "Parking lot aisle" shall mean: That portion of the off-street parking area used exclusively for the maneuvering and circulation of motor vehicles and in which parking is prohibited. (Ord. 046-07§2, 2007). 16.08.538 "Parking lot unit depth" shall mean: The linear distance within which 1 parking aisle is flanked by accessible rows of parking stalls as measured perpendicular to the parking aisle. (Ord. 046-07§2, 2007). 16.08.540 "Parking space" shall mean: An area accessible to vehicles, improved, maintained, and used for the sole purpose of parking a motor vehicle. (Ord. 046-07§2, 2007). 16.08.542 'Parking space - off-street" shall mean: A space on private property with access to a public street or alley used to park a motor vehicle. (Ord. 046-07§2, 2007). 16.08.544 'Parking space, angle" shall mean: The angle measured from a reference line, generally the property line or center line of an aisle, at which motor vehicles are to be parked. (Ord. 046-07§2, 2007). 16.08.546 'Party" or "party of record" shall mean: The applicant, the property owner of the property for which a land use application has been fled, and any person who has submitted written comments or testified as part of the official record of a land use action. (Ord. 046-07§2, 2007). 16.08.550 'Peak hour' shall mean: The hour during the morning or afternoon when the most critical level of service occurs for a particular roadway or intersection. (Ord. 046-07§2, 2007(. 16.08.556 'Permit - conditional' shall mean: A permit granted by the City to locate a land use at a particular location, subject to conditions placed on the proposed use to ensure compatibility with adjacent land uses. (Ord. 046-07§2, 2007j. Formatted: centered Ordinance Exhibit A 16.08.558 'Permit - site development' shall mean: A permit for the establishment of land uses which do not require a building permit or other land use permit but require compliance with the standards of this code. (Ord. 046-07§2, 2007(. 16.08.560 'Permit - temporary use" shall mean: A permit to allow a use for a limited duration and/or frequency. (ORD. 046-07§2, 2007(. 16.08.562 'Person" shall mean: An individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or any local governmental unit however designated. (Ord. 046-07§2, 2007(. 16.08.563 'Personal medical supply store" shall mean: An establishment engaged in the retail sale of eyeglasses, contact lenses, hearing aids, and artificial limbs, including uses located in SIC industry numbers: (1( 5995-Optical goods stores, and (2) 5999-Hearing aids and orthopedic and artificial limb stores. (Ord. 046-07§2, 2007(. 16.08.564 'Pet shop" shall mean: An establishment engaged in the retail sale of pets, pet supplies, or grooming of pets, including uses located in SIC industry number 5999-Pet shops. (Ord. 046-07§2, 2007(. 16.08.566 'Pier" shall mean: A fixed structure built over the water, used as a landing place for marine transport or for recreational purposes. (Ord. 046-07§2, 2007(. 16.08.568 'Photographic and electronic shop" shall mean: An establishment engaged in the retail sale of cameras and photographic supplies, and a variety of household electronic equipment, including uses located in SIC industry number: (1) 5946-Camera and photographic supply stores, and (2) 5999-Binoculars and telescopes. (Ord. 046-07§2, 2007(. 16.08.570 'Planning commission" shall mean: The Port Orchard Planning Commission. (Ord. 046-07§2, 2007(. 16.08.572 'Plat' shall mean: Preliminary and final, short and long plats. (Ord. 046-07§2, 2007(. 16.08.574 'Plat - preliminary" shall mean: A neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision, as authorized by Chapter 58.17 RCW and POMC Chapter 16.72. (Ord. 046-07§2, 2007(. 16.08.576 'Plat - final" shall mean: The final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in Chapter 58.17 RCW and POMC Chapter 16.72. (Ord. 046-07§2, 2007(. 16.08.578 'Plat - shod" shall mean: The map or representation of a short subdivision, showing thereon the division of a tract or parcel of land with lots, blocks, streets, and alleys or other divisions, easements and dedications as authorized by Chapter 58.17 RCW and POMC Chapter 16.72. (Ord. 046-07§2, 2007(. Formattetl: Centered 7 Ordinance - Exhibit A 16.08.580 "Plat - long" shall mean: The map or representation of a long subdivision, showing thereon the subdivision of a tract or parcel of land with lots, blocks, street, and alleys or other subdivisions, easements and dedications as authorized by Chapter 58.17 RCW and POMC Chapter 16.72. (Ord. 046-07§2, 2007). 16.08.582 "Pole sign" shall mean: Any freestanding sign more than five feet in height that does not meet the definition of monument, ground, or portable sign. These signs are composed of the sign cabinet or base and the sign pole or pylon by which it connects to the ground. (Ord. 046-07§2, 2007). 16.08.584 "Political sign" shall mean: Any sign intended to promote an individual or an issue on an election ballot to be voted upon by the Port Orchard general electorate. (Ord. 046-07§2, 2007). 16.08.586 "Port Orchard" shall mean: The City of Port Orchard, Washington. (Ord. 046-07§2, 2007). 16.08.588 "Portable sign" shall mean: Any sign which is designed to be periodically transported either manually, on a vehicle, or on its own wheels, and which is not designed to be permanently affixed to the ground or to a structure. The removal of the wheels from such a sign, or the attachment of such a sign temporarily or permanently to the ground or to a structure, does not, by itself, change the inherent portability which was part of the original design of the sign, and does not exempt it from this definition. (Ord. 046-07§2, 2007). 16.08.590 "Private" shall mean: Solely or primarily for the use of residents or occupants of the premises; e.g., a noncommercial garage used solely by residents or their guests is a private garage. (Ord. 046-07§2, 2007). 16.08.592 "Private road" shall mean: An easement which creates access from private property to the City street with maintenance of such road being the responsibility of the private property owners. (Ord. 046-07§2, 2007). 16.08.594 "Professional office" shall mean: An office used as a place of business by licensed professionals, or persons in other generally recognized professions, which use training or knowledge of a technical, scientific or other academic discipline as opposed to manual skills, and which does not involve outside storage or fabrication, or on -site sale or transfer of commodities, including the following SIC major group and industry numbers: (1) 64-Insurance agents, brokers, and service, (2) 653-Real estate agents and managers, (3) 7291-Income tax return preparation services, (4) 81-Legal services, (5) 871-Engineering, architectural, and surveying services, (6) 872-Accounting, auditing, and bookkeeping services, and (7) 874-Management and public relation services. (Ord. 046-07§2, 2007). 16.08.596 "Project Improvements" shall mean: Site improvement and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan shall be considered a project improvement. (Ord. 046-07§2, 2007). Formatted: Centered Ordinance - Exhibit A 16.08.598 'Project permit or project permit application" shall mean: Any land use or environmental approval required from the City for a project action, including but not limited to building permits, subdivisions, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by POMC Title 16, Critical Areas and Natural Resources, site -specific rezones authorized by a comprehensive plan or sub area plan, but excluding the adoption or amendment of a comprehensive plan, sub area plan, or development regulations except as otherwise specifically included in this Land Use Regulatory Code. (Ord. 046-07§2, 2007). 16.08.600 'Projecting sign" shall mean: A sign, other than a flat wall sign, which is attached to and projects 12 inches or more from a building wall or other structure not specifically designed to support the sign. (Ord. 046-07§2, 2007). 16.08.602 'Property owner" shall mean: Those individuals, corporation, or other entity that own or have a vested contractual interest in the property. (Ord. 046-07§2, 2007). 16.08.604 'Public agency" shall mean: Any agency, political subdivision, or unit of local government of this state including but not limited to municipal corporations, special purpose districts, counties, and local service districts; any agency of the State of Washington, the United States or any state thereof; or any Indian tribe recognized as such by the Federal Government. (Ord. 046-07§2, 2007). 16.08.606 'Public agency animal control facility" shall mean: A facility for the impoundment and disposal of stray or abandoned small animals. (Ord. 046-07§2, 2007). 16.08.610 'Public agency archive" shall mean: Facilities for the enclosed storage of public agency documents or related materials, excluding storage of vehicles, equipment, or similar materials. (Ord. 046-07§2, 2007). 16.08.612 'Public agency office" shall mean: An office for the administration of any governmental activity or program, with no outdoor storage and including, but not limited to uses located in SIC major group, industry group, and industry numbers: (1) 91-Executive, legislative, and general government, except finance, (2) 93-Public finance, taxation, and monetary policy, (3) 94-Administration of human resource programs, (4) 95-Administration of environmental quality and housing programs, (5) 96-Administration of economic programs, (6) 972-International affairs, (7) 9222-Legal counsel and prosecution, and (8) 9229-Public order and safety. (Ord. 046-07§2, 2007). 16.08.614 'Public agency training facility" shall mean: An establishment or school for training state and local law enforcement, fire safety, National Guard or transit personnel and ancillary facilities including but not limited to: dining and overnight accommodations, classrooms, shooting ranges, auto test tracks, and fire suppression simulations. (Ord. 046-07§2, 2007). 16.08.616 'Public agency yard' shall mean: A facility for open or enclosed storage, repair, and maintenance of vehicles, equipment, or related materials, excluding document storage. (Ord. 046-07§2, 2007). Formatted: Centered Ordinance - Exhibit A 16.08.618 "Public facilities" shall mean: Any City -owned, operated or contracted facility or service, in whole or in part, whether existing or planned, including but not limited to parks, utilities, recreational facilities, schools, libraries, playgrounds, streets, transportation facilities, open spaces, police, fire or garbage services, buildings, and all such facilities or services, including related equipment. (Ord.046-07§2, 2007(. 16.08.620 "Public meeting or community meeting" shall mean: An informal meeting, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the City's decision. Under RCW 36.70B.020(5(, a public meeting is not an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file. (Ord. 046-07§2, 2007(. 16.08.622 "Public street or right-of-way" shall mean: Every road, street, highway, boulevard or place in the City open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways. Also including streets or portions thereof which are designated as portions of the state highway system. (Ord. 046-07§2, 2007(. 16.08.624 "Reader board" shall mean: A sign or a part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. (Ord. 046- 07§2, 2007(. 16.08.626 "Real estate sign" shall mean: A sign erected by the owner, or his agent, advertising the real estate upon which the sign is located for rent, lease, or sale, or directing interested parties to said property. (Ord. 046-07§2, 2007(. 16.08.628 "Reasonable use" shall mean: "Reasonable use" as defined by the most recent applicable state or federal court decision. (Ord. 046-07§2, 2007(. 16.08.630 "Recreational vehicle (RV)" shall mean: A vehicle designed primarily for recreational camping, travel or seasonal use which has its own motive power or is mounted on or towed by another vehicle, including but not limited to: travel trailer, folding camping trailer, park trailer, truck camper, motor home, and multi -use vehicle. (Ord. 046-07§2, 2007j. 16.08.632 "Recreational vehicle parks" shall mean: The use of land upon which 2 or more recreational vehicle sites, including hook-up facilities, are located for occupancy by the general public of recreational vehicles as temporary living quarters for recreation or vacation purposes. (Ord. 046-07§2, 2007). 16.08.634 "Recyclable material" shall mean: A nontoxic, recoverable substance that can be reprocessed for the manufacture of new products. (Ord. 046-07§2, 2007(. 16.08.638 "Regional utility corridor" shall mean: Aright -of -way tract or easement which contains transmission lines or pipelines for utility companies, excluding distribution lines contained within street rights -of -way or lines serving individual lots or developments. (Ord. 046-07§2, 2007(. 16.08.640 "Resident" shall mean: A person who occupies a residential dwelling within the City of Port Orchard on an on -going and continual basis, and who actually lives within the home, as distinguished from a visitor or transient. (Ord. 046-07§2, 2007(. Formatted: Centered Ordinance Exhibit A 16.08.642 "Restoration" shall mean: The actions to return a stream, wetland or other critical area to a state in which its stability, functions, and values approach its unaltered state as closely as possible. (Ord. 046-07§2, 2007(. 16.08.648 "Retention/detention facility" shall mean: A type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold runoff for a short period of time and then release it to the surface and stormwater management system. (Ord. 046-07§2, 2007(. 16.08.656 "Roof sign" shall mean: Any sign erected on or supported by the roof of a building. (Ord.046-07§2, 2007(. 16.08.658 "Sandwich board/sidewalk sign" shall mean: A portable sign consisting of two sign faces hinged at the top and separated at the bottom to make it self -standing. (Ord. 046- 07§2, 2007(. 16.08.660 "Seasonal decoration" shall mean: Temporary decorations for holidays which do not fall under the definition of a sign. Decorations, which fall under the definition of a sign, must conform to all provisions of the sign code. (Ord. 046-07§2, 2007(. 16.08.662 "Senior" shall mean: A person aged 55 or older. (Ord. 046-07§2, 2007(. 16.08.664 "School' shall mean: An institution primarily for academic instruction, public, private or parochial, and accredited by the State Department of Education. (Ord. 046-07§2, 2007(. 16.08.666 "School district' shall mean: The South Kitsap School District Number 402, Kitsap County, Washington whose boundaries include the Port Orchard urban growth area. (Ord. 046- 07§2, 2007(. 16.08.668 "School bus base" shall mean: An establishment for the storage, dispatch, repair, and maintenance of coaches and other vehicles of a school transit system. (Ord. 046-07§2, 2007(. 16.08.670 "School district support facility" shall mean: Uses (excluding schools and bus bases( that are required for the operation of a school district including centralized kitchens, and maintenance or storage facilities. (Ord. 046-07§2, 2007(. 16.08.672 "Schools, elementary and middle/Junior high" shall mean: Public institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington in grades kindergarten through 9, including associating meeting rooms, auditoriums, and athletic facilities. (Ord. 046-07§2, 2007(. 16.08.674 "Schools, private" shall mean: Private institutions of learning having a curriculum below the college level as required by the common school provisions of the state of Washington. (ORD. 046-07§2, 2007(. 16.08.676 "Schools, secondary or high" shall mean: Public institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington in grades 9 through 12, including associated meeting rooms, auditoriums, and athletic facilities. (Ord. 046-07§2, 2007(. Farmalted: Centered Ordinance Exhibit A 16.08.678 "Schools, specialized Instruction" shall mean: Establishments engaged in providing specialized instruction in a designated field of study, rather than a full range of courses in unrelated areas including, but not limited to: art, dance, music, cooking, driving, and pet obedience training. (Ord.046-07§2, 2007). 16.08.680 "Schools, vocational' shall mean: Public establishments offering training in a skill or trade to be pursued as a career, including uses located in SIC industry group number: (1) 824-Vocational schools, and (2) 8222-Technical institutes. (Ord.046-07§2, 2007). 16.08.682 "Self-service storage facility" shall mean: An establishment containing separate storage spaces that are leased or rented as individual units. (Ord. 046-07§2, 2007). 16.08.684 "Sensitive area' see Critical Area definition. (Ord. 046-07§2, 2007). 16.08.686 "MA responsible official' shall mean: The Development Director, or such other person as the Development Director has designated in writing to serve as the SEPA responsible official. (Ord. 046-07§2, 2007). 16.08.690 "Service area" shall mean: Any geographical area in which a defined set of public facilities provides services to developments within the area. Service areas may be separately described for each type of public facility. (Ord. 046-07§2, 2007). 16.08.692 "Setback" shall mean: The distance between buildings or uses and their lot lines as established in the Land Use Regulatory Code on the condition of permit approval. (Ord. 046- 07§2, 2007). 16.08.694 "Setback - street' shall mean: The setback extending from every street right-of-way to a line parallel to and measured perpendicularly from the street right-of-way at the depth prescribed for each zone. (Ord. 046-07§2, 2007). 16.08.696 "Shall' shall mean: The same meaning as "must' herein, and is mandatory and imposes a requirement. (Ord. 046-07§2, 2007). 16.08.698 "Shooting range" shall mean: A facility designed to provide a confined space for safe target practice with firearms, archery equipment, or other weapons. (Ord. 046-07§2, 2007). 16.08.699 "Shorelines administrator" shall mean: The Development Director, or such other City employee that she designates, in writing, to serve in that capacity. (Ord. 046-07§2, 2007). 16.08.700 'Shoreline jurisdiction" shall mean: The area extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplains areas landward two hundred feet for such floodways, and all wetlands associated with streams, lakes and tidal waters. (Ord. 046-07§2, 2007). 16.08.702 'Shoreline master program" shall mean: The shoreline master program for the City of Port Orchard, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals and standards developed in accordance with the policies enunciated in RCW 90.58.020. (Ord. 046-07§2, 2007). 16.08.704 'Should" shall mean: Strongly advisable, unless the context clearly indicates otherwise. Refer to 16.01.040(4). (Ord. 046-07§2, 2007). Formattetl: Centered Ordinance Exhibit A 16.08.706 "Sign" shall mean: Any visual communication device, structure, fixture, placard, painted surface, awning, banner, or balloon using graphics, lights, symbols, and/or written copy designated specifically for the purpose of advertising, identifying, or promoting the interest of any person, institution, business, event, product, goods, or services; provided, that the some is visible from any public right-of-way or waterway. (Ord. 046-07§2, 2007). 16.08.708 "Sign area' shall mean: The entire area of a sign. Sign structure, architectural embellishments, filigree, framework, and decorative features, which contain no written or advertising copy, shall not be included. Sign area shall be calculated by measuring the perimeter enclosing the extreme limits of the module or background containing the advertising, graphics, or identifying message; provided, that individual letters using a wall as a background, without added decoration or change in wall color, shall have a sign area calculated by measuring the perimeter enclosing each letter and totaling the square footage thereof. For double-faced signs, total sign area shall be calculated by measuring only one face. (Ord. 046- 07§2, 2007(. 16.08.710 "Sign height" shall mean: The vertical distance from the base of the sign, including its supporting columns, to the highest point of a sign or any vertical projection thereof. (Ord. 046-07§2, 2007(. 16.08.712 "Significant tree" shall mean: An existing tree which is: (1) Any healthy tree with a DBH (diameter at breast height( of IB inches or greater with adequate live crown to maintain tree vigor and aesthetics; or (2( Any tree identified as providing wildlife habitat for threatened or endangered species; or (3( Any tree of historical or cultural significance as defined within the comprehensive plan. (Ord. 046-07§2, 2007(. 16.08.714 "Site area - minimum" shall mean: The minimum or smallest amount of total site area in a single ownership expressed in acres necessary to support development consistent with the zoning district provisions of this code. The minimum or smallest allowable site for a R4.5 zoning district which allows a maximum of 4.5 dwelling units per net useable acre cannot be smaller than that required to support the maximum density allowed in the prevailing zoning district. (Ord. 046-07§2, 2007(. 16.08.716 "Site area - useable gross" shall mean: Gross useable site area is the total site or lot ownership less Critical Areas. This area of a site or lot is expressed in acres or square feet. (Ord. 046-07§2, 2007(. 16.08.718 "Site area - useable net' shall mean: The total site or lot ownership expressed in acres or square feet less Critical Ares (equal to gross useable site area( and any required dedications necessary to provide supporting roads, utilities, or other supporting facilities or infrastructure which may be used to calculate allowed dwelling units. For the purposes of calculating potential residential capacities, infrastructure requirements are generally estimated to be between 10 and 20 percent of the gross useable site area for undeveloped land, and 0 to 10 percent for lots within existing developed urban areas such as the downtown district. (Ord. 046-07§2, 2007(. 16.08.720 "Site plan spectOc" shall mean: A development plan required by this code and approved by the City Council. A site plan is defined as including all physical and technical Formatted: Centered Ordinance _ - Exhibit A drawings required by the City for project construction and approval. Site plans shall not determine or define the use of property or its occupation. (Ord. 046-07§2, 2007). 16.08.722 "Sporting goods store" shall mean: An establishment engaged in the retail sale of sporting goods and equipment, including uses located in SIC industry numbers: (1) 5941-Sporting goods stores and bicycle shops, and (2) 5999-Tent shops and trophy shops. (Ord. 046-07§2, 2007). 16.08.724 "Sports club" shall mean: An establishment engaged in operating physical fitness facilities and sports and recreation clubs, including uses located in SIC industry numbers: (1) 7991-Physical fitness facilities, and (2) 7997-Membership sports and recreation clubs. (Ord. 046-07§2, 2007). 16.08.726 "Specified sexual activities" shall mean: Human genitalia in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; erotic fondling, touching or display of human genitalia, pubic region, buttock, or female breast; peep shows, topless dancing, and nude dancing. (Ord. 046-07§2, 2007). 16.08.730 "Stable" shall mean: A structure or facility in which horses or other livestock are kept for boarding, training, riding lessons, breeding, rental, or personal use. (Ord. 046-07§2, 2007). 16.08.732 "State" shall mean: The State of Washington. (Ord. 046-07§2, 2007). 16.08.734 "Storage yard - open" shall mean: A land area of 2,000 square feet or more used for the storage of any material, including items for storage, sale, lease, processing and repair (including vehicles), not in a structure comprised of at least 3 walls and a roof. Does not include lots for the sale of motor and/or marine vehicles. (Ord. 046-07§2, 2007). 16.08.736 "Stream" see RCW 90.58 (Ord. 046-07§2,2007) 16.08.738 "Street' shall mean: (1) Any public way either unimproved or improved which affords the principal means of access to abutting properties. A street width shall be considered the distance between its right-of-way lines. (2) A public or recorded private thoroughfare providing the main pedestrian and vehicular access through neighborhoods and communities and to abutting property. (Ord. 046- 07§2, 2007). 16.08.740 "Sheet frontage" shall mean: The portion of a lot property line that abuts a public right-of-way. (Ord. 046-07§2, 2007). 16.08.742 "Structure" shall mean: Anything permanently constructed, walled, and roofed including a gas or liquid storage tank that is principally in or on the ground, or over the water; excluding fences less than 6 feet. (Ord. 046-07§2, 2007). 16.08.744 'Structure - alteration" shall mean: Any change to the supporting members of the building or structure including foundations, bearing walls, columns, beams or girders. (Ord. 046- 07§2, 2007). 16.08.746 'Structure height" shall mean: Except when otherwise noted in the in the tables or charts, under Chapter 16.40 POMC, the vertical height or distance from the lowest or downhill elevation line of the lower of either the existing or finished grade at the foundation or slab to the Formatted: Centered Ordinance _ - Exhibit A highest point of the roof of the structure. If the downhill elevation line is not level, the average downhill elevation shall be the basis for measurement. Note: on flat lots, the building height and structure height will be the some. (Ord. 046-07§2, 2007). 16.08.750 "Subdivision - long" shall mean: The division of land into five or more lots, tracts, or parcels, sites, or subdivisions for the purpose of sale, lease, or transfer of ownership" (R W 58,17,020111). (Ord. 046-07§2, 2007). 16.08.752 "SubdMsion - short" shall mean: The division of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership' (RCW 58.17.020f61). (Ord. 046-07§2, 2007). 16.08.754 "Substantial development or Improvement" shall mean: (I) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (a) Before the improvement of repair is started; or (b) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. (2) The term does not, however, include either: (a) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register of Historical Places or a State Inventory of Historical Places. (Ord. 046-07§2, 2007). 16.08.756 "Substantial progress" shall mean: One or more of the following: (1) Proof of project financing or negotiation. (2) A building permit has been issued and activated. (3) Installation of infrastructure within the original 180 day time period. (4) A completed set of working architectural drawings. (Ord. 046-07§2, 2007). 16.08.758 "Surety" shall mean: Any form of security involving a cash deposit, bond, set -aside account, collateral, property, or other instrument of credit, which is used to insure that required improvements are installed and/or warranted to be free from defective materials and/or workmanship. (Ord. 046-07§2, 2007). 16.08.760 "System Improvements" shall mean: Public facilities that are included in the capital facilities plan element or transportation plan element and are designed to provide service within the community at large, in contrast to project improvements. (Ord. 046-07§2, 2007). 16.08.762 "Temporary living facility" shall mean: A mobile home, motor home or other such dwelling, installed on a residential lot which already contains a permanent dwelling structure. The use of a temporary living facility requires the property owner to receive a permit, can only be approved for a period of time up to 180 days and must have hookups to an approved water and sanitary sewer source. (Ord. 046-07§2, 2007). 16.08.764 "Temporary or special event sign" shall mean: A nonpermanent sign intended for use for a short period of time, including banners, pennants, or advertising displays constructed of Formatted: Centered Ordinance Exhibit A canvas, fabric, wood, plastic, cardboard, or wallboard, with or without frame. Signs in this category include signs painted on exterior window surfaces, which are readily removed by washing, and signs referred to in POMC 16.15.160. (Ord. 046-07§2, 2007(. 16.08.766 "Temporary use" shall mean: A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. See 16.35.110. (Ord. 046- 07§2, 2007(. 16.08.768 "Testamentary" shall mean: Given or bequeathed by a will. (Ord. 046-07§2, 2007). 16.08.770 "Tlghtline to a sewer" shall mean: A sewer trunk line designed and intended specifically to service only a particular facility or place, and whose pipe diameter should be sized appropriately to ensure service only to that facility or place. (Ord. 046-07§2, 2007). 16.08.774 "Trails" shall mean: Man-made pathways designed and intended for use by non - motorized transportation modes including walking, biking, horse back riding, and/or recreational users. (Ord.046-07§2, 2007). 16.08.776 "Transfer station" shall mean: A staffed collection and transportation facility used by private individuals and route collection vehicles to deposit solid waste collected off -site into larger transfer vehicles for transport to permanent disposal sites, and may also include recycling facilities involving collection or processing for shipment. (Ord. 046-07§2, 2007(. 16.08.778 "Transit bus base" shall mean: An establishment for the storage, dispatch, repair, and maintenance of coaches, light rail trains, and other vehicles of a public transit system. (Ord. 046-07§2, 2007(. 16.08.780 "Transit park and ride lot" shall mean: Vehicle parking specifically for the purpose of access to a public transit system as a stand-alone facility. (Ord. 046-07§2, 2007(. 16.08.781 "Transmission equipment" shall mean: Equipment, such as antennae and satellite, or point-to-point microwave dishes, that transmit or receive radio signals. (Ord. 046-07§2, 2007(. 16.08.782 "Transmission line booster station" shall mean: An establishment containing equipment designed to increase voltage of electrical power transported through transmission and/or distribution lines to compensate for power loss due to resistance. (Ord. 046-07§2, 2007(. 16.08.784 "Transmission structure" shall mean: A structure intended to support transmission equipment or function as an antenna for AM radio or an earth station satellite dish antenna. The term does not include brackets, platforms, or other apparatus that mount transmission equipment onto transmission structures, buildings or other structures. (Ord. 046-07§2, 2007(. 16.08.786 "Transmitter building' shall mean: Building used to contain communication transmission equipment. (Ord.046-07§2, 2007(. 16.08.788 "Transportation system management (TSM)" shall mean: Low-cost projects that can be implemented in a short time frame designed to increase the efficiency of existing transportation facilities. This also includes transit and/or ride sharing measures to decrease single occupancy vehicle trips. (Ord. 046-07§2, 2007). FormaU.ed: Centered Ordinance - Exhibit A 16.08.790 "Ultimate roadway section" shall mean: A designation that the maximum roadway or intersection capacity has been reached and further right-of-way acquisition and/or improvements are not feasible to increase peak hour vehicle capacity. (Ord. 046-07§2, 2007). 16.08.792 "Understory" shall mean: The low layer of plants forming an underbrush or under wood. (Ord. 046-07§2, 2007). 16.08.794 "Use" shall mean: The nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted. An activity or function carried out on an area of land, or in a building or structure located thereon. (Ord. 046-07§2, 2007). 16.08.795 "Use - conditional' see "conditional use." (ORD. 046-07§2, 2007) 16.08.796 "Use - permitted" shall mean: Any use authorized or permitted in a specific use district and subject to the limitations and regulations of such use district. (Ord. 046-07§2, 2007). 16.08.798 "Use - principal" shall mean: The primary use for a lot, structure, or building or the major portion thereof, as designated or actually used. (Ord. 046-07§2, 2D07). 16.08.800 "Use - secondary" shall mean: An incidental or accessory use for which a lot, structure or building is designated or employed in conjunction with, but not subordinate to its primary use. (Ord. 046-07§2, 2007). 16.08.803 "Use -temporary" see "Temporary use." (Ord. 046-07§2, 2007) 16.08.806 "Utility, sub -regional' shall mean: A facility for the distribution or transmission of services to an area requiring location in the area to be served including, but not limited to: (1) Telephone exchanges, (2) Water pumping or treatment stations, (3) Electrical switching substations, (4) Water storage reservoirs or tanks, (5) Municipal groundwater well -fields, and (6) Retention/detention facilities. (Ord. 046-07§2, 2007). 16.08.807 "Vacation Rental' shall mean: a self contained single-family residence including condominiums, apartments and detached residences that may rented by groups or individuals. Not to be confused with hotels/motels or bread and breakfast facilities. 16.08.808 "Variance" shall mean: The process and resulting approval through which a property owner, is entitled to privileges commonly enjoyed by other properties in the same vicinity and zone, that he/she would otherwise have been deprived because of special circumstances found to exist on the land. The adjustment in the application of this code shall remedy the disparity in privilege. A variance shall not be used to convey special privileges not enjoyed by other properties in the same vicinity and zone and subject to the same code restrictions. See POMC 16.35.150. (Ord. 046-07§2, 2007). 16.08.810 "Vegetation" shall mean: Any and all organic plant life growing at, below, or above the soil surface. (Ord. 046-07§2, 2007). 16.08.812 "Vegetation - native" shall mean: Vegetation comprised of plant species which are indigenous to the Puget Sound region and which reasonable could have been expected to Formatted: Centered _. Ordinance Exhibit A naturally occur on the site. Native vegetation does not include noxious weeds. (Ord. 046-07§2, 2007). 16.08.814 "Veterinary clinic" shall mean: Establishments of licensed practitioners primarily engaged in the practice of veterinary medicine, dentistry, or surgery. Animal hospitals and spay and neuter clinics are included. Ancillary and/or subordinate uses to the veterinary clinic such as grooming or overnight boarding are permissible. (Ord. 046-07§2, 2007). 16.08.816 "Video billboard" shall mean: Any billboard or other outdoor sign, which uses television, computer projections, or other similar technology to project images to the public. (Ord. 046-07§2, 2007). 16.08.818 "View corridor" shall mean: A field of vision between buildings and/or vegetation that provides an unobstructed view across the subject property which leads to significant public or private views of natural features. (Ord.046-07§2, 2007). 16.08.822 "Violation" shall mean: The violation of any provision of the conditions of any permit, approval, or other order issued pursuant to the regulations in the Land Use Regulatory Code. (Ord. 046-07§2, 2007). 16.08.824 "Wall frontage" shall mean: The length of an outside building wall on a public right-of-way. (Ord.046-07§2, 2007). 16.08.826 "Wall plane" shall mean: The flat vertical surface on a building facade, which may include doors, windows, openings, or other incidental recessions that do not extend through to the roofline. (Ord. 046-07§2, 2007). 16.08.828 "Wall sign" shall mean: A sign attached, painted onto, or erected parallel to and extended not more than one foot from the facade or face of any building to which it is attached and supported throughout its entire length, with the exposed face of the sign parallel to the plane of said wall or facade. It is not to extend above the lowest point of a roof surface or the top of the building parapet or whichever is higher. (Ord. 046-07§2, 2007). 16.08.830 "Warehousing and wholesale trade" shall mean: Establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public which is classified as a retail use in this document. These establishments shall include SIC major group numbers 50 and 51 and SIC industry group number 422 and 423. (Ord. 046-07§2, 2007). 16.08.832 "Warehousing and storage - yards" shall mean: A land area of 2,000 square feet or more used for the storage of any material, including items for storage, sale, lease, processing, and repair (including vehicles), not in a structure comprised of at least 3 walls and a roof. Does not include a lot used for the sale of motor and/or marine vehicles. (Ord. 046-07§2, 2007). 16.08.834 "Wastewater treatment facility" shall mean: A plant for collection, decontamination, and disposal of sewage, including residential, industrial, and agricultural liquid wastes, and including any physical improvement within the scope of the definition of 'Water pollution control facility'set forth in WAC 173-90-015(4) as amended. (Ord. 046-07§2, 2007). 16.08.836 "Welland" see RCW 90.58. (Ord. 046-07§2, 2007) Formatted: Centered _� Ordinance Exhibit A 16.08.838 "WIldIBe shet er" shall mean: A facility for the temporary housing of sick or wounded wildlife subject to licensing conditions by appropriate county and state officials. (Ord. 046-07§2, 2007). 16.08.840 "Work release facility" shall mean: A facility which allows the opportunity for convicted persons to be employed outside of the facility, but requires confinement within the facility when not in the place of employment. (Ord. 046-07§2, 2007). 16.08.842 "Yard" shall mean: An unoccupied space, other than a court, unobstructed from the ground to the sky, which may include driveways, sidewalks, lamp posts, open patios, retaining walls, entrance steps, fences, and landscaping unless specifically otherwise provided. (Ord. 046-07§2, 2007). 16.08.844 "Yard - types"shall mean: (1) "Front yards" extend between side lot lines across the front of a lot adjoining a public street. In addition, a "front yard" shall extend between lot lines across the front of a lot that accesses from a private road. A property can have more than one "front yard". (2) "Side yards" means those yards extending along both side lot lines from the front yard to the rear yard. (3) "Rear yards" extend across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. (Ord. 046-07§2, 2007). 16.08.846 "Yard waste processing faclllty" shall mean: A site where yard and garden wastes, including wood and land clearing debris, are processed into new products which include, but are not limited to, soil amendments and wood chips. (Ord. 046-07§2, 2007). Formatted: Centered Ordinance - Exhibit A Chapter 16.65 SIGN REGULATIONS Sections: 16.65.000 Title. 16.65.005 Purpose. 16.65.020 Signs prohibited. 16.65.030 Signs not requiring permits. 16.65.040 Permit required. 16.65.050 Application for permits. 16.65.060 Permit fees. 16.65.070 Issuance of permits- inspection. 16.65.080 Requirements applicable to all signs. 16.65.090 Residential district signs. 16.65.100 Tremont Street Corridor Overlay District sign standards. 16.65.110 Commercial, mixed use, and employment district signs. 16.65.120 Downtown business core marquee signs. 16.65.130 Downtown business core sandwich/sidewalk signs. 16.65.135 Home occupation Signs. 16.65.140 Real estate signs. 16.65.150 Political signs. 16.65.160 Temporary and special events. 16.65.180 Nonconforming signs. 16.65.190 Comprehensive design plan permits. 16.65.200 Variances. 16.65.210 Enforcement procedures. 16.65.230 Violations -penalties. 16.65.000 Title. This chapter shall be known as the "Sign Code". 16.65.005 Purpose. The purpose of this chapter is to establish standards for the structural design, placement, size, and maintenance of all signs and sign structures within the City. 16.65.020 Signs Prohibited. The following types of signs are prohibited in the City: (1) Portable reader board signs; (2) Signs that create a safety hazard for pedestrians or motorists, as determined by the police chief or building official; (3) Signs imitating or resembling official traffic or government signs or signals, as determined by the building official or police chief; (4) Signs attached to trees, utility poles, street -lights, rocks, or other natural features; (5) Signs placed on vehicles or trailers, which are parked or located on publicly owned property for the primary purpose of displaying said sign. This does not apply to signs or lettering on buses and taxis or vehicles, which are advertising themselves for sale; (6) Rotating signs; (7) Displays for more than 30 consecutive days of banners, clusters of flags, posters, pennants, ribbons, streamers, strings of lights, spinners, twirlers, or propellers, flashing, rotating, or blinking lights, flares,balloons or inflated signs over 24 inches in diameter, and similar devices of a carnival nature are permitted on a limited basis pursuant to POMC 16.65.160. The same displays Ordinance - Exhibit B, Formatted: Centered �� Pormatted: Font: 14 Pt as described above can only be on the same property three times a year with a minimum of 30 calendar days between each time the displays are erected (see also POMC 16.65.160); (8) Searchlights and beacons, unless otherwise approved by conditions pursuant to POMC 16.65.160; (9) Video billboards; (10) Roof signs; (11) Signs that obstruct vision or which the building official determines to be a safety hazard for pedestrian or vehicular traffic. Such signs may be removed if they already exist; (12) Signs containing statements, words, and pictures of an obscene character; (13) Signs which do not conform in structure or material to International Building Code and/or Uniform Sign Code; (14) Flashing signs or lights facing public property; (15) Signs emitting pollutants. Any sign that emits audible sound, odor, or visible matter; (16) Signs located in or on public right-of-way or public property, with the following exceptions: (a) Signs that are attached to the downtown marquee and sandwich/sidewalk signs which meet the City standards for the downtown business core area signs pursuant to Resolution No. 1884; (b) Public transportation and City -owned signs. (17) Billboard Signs. (18) Off -premises signs except as specifically permitted in this Chapter. ' - -- Formatted:Indent: Firstline: 0" 16.65.030 Signs not requldng permits. The following types of signs are exempted from obtaining a sign permit, but must be in conformance with all other requirements of this chapter: (1 ) Real estate signs meeting the requirements of POMC 16.65.140. (2) Political signs meeting the requirements of POMC 16.65.150. (3) Temporary and special event signs meeting the requirements of POMC 16.65.160. (4) Non -electric signs not exceeding three square feet per face which are limited in content to the name of occupant and address of the premises in residential zones. (5) On -premises directional signs, not exceeding six square feet per face, the sole purpose of which is to provide for vehicular and pedestrian traffic direction, limited to one sign per ingress and one sign per egress. (6) Regulatory, informational, identification, or directional signs installed by or at the direction of a government entity. (7) Signs required by law. (8) Official public notices, official court notices, or official sheriff's notices. (9) One off -premises identification sign, not exceeding three square feet per face, for any fraternal, civic, or religious organization with an established operation in the City, which must be placed on a common sign base approved by City. (10) Signs or displays not visible from streets, ways, sidewalks, or parking areas open to the public. (11) The flag of government or noncommercial institutions, such as schools. (12) Point -of -purchase advertising displays, such as product dispensers. (13) "No trespassing," "no dumping," "no parking," "private" and other informational warning signs which shall not exceed six square feet in surface area. (14) Structures intended for separate use such as phone booths and recycling containers. (I5) Reasonable seasonal decorations within the appropriate holiday season or civic festival season meeting the requirements in the definition for "Seasonal Decorations" in POMC Chapter 16.08. Ordinance - Exhibit B, Formatted: Centered ' Formatted: Font 14 Pt i�i (16) Sculptures, fountains, mosaics, murals, and design features which do not incorporate advertising or identification. (17) All signs which are wholly within the interior portion of a building, including interior Window signs; provided, that such signs shall not be in one of the categories prohibited by POMC 16.65.020. (18) Signs located on the interior sides of sports field fencing. (19) Garage sale signs. 16.65.040 Perm# required. No sign, except for those exempted in this chapter, shall be erected, re -erected, attached, structurally altered or relocated by any person, firm or corporation without a sign permit issued by the City. In the case of electric signs, compliance with the National Electrical Code shall be included as a requirement of the sign permit. All sign permits shall be issued by the building official. No permit shall be required for repair, cleaning, repainting or other normal maintenance, nor for changing the message on a sign designed for changeable copy, as long as the sign structure is not modified in any way. In cases where a new business has moved into a building with existing signage, any re -facing or re -painting over an existing sign for the purposes of a new business requires a sign permit. 16.65.050 Application for permits. Applications for sign permits shall be made to the building official upon forms provided by the City. Such applications shall require: (1) Name, address, and telephone number of the sign owner; (2) Street address or location of the property on which the sign is to be located, together with the name and address of the property owner; (3) The type of sign or sign structure as defined in this chapter; (4) A site plan showing the proposed location of the sign, together with the locations and square footage areas of all existing signs on the some premises; (5) Specifications and scale drawings showing the materials, design, dimensions, structural supports, and electrical components of the proposed sign. 16.65.060 Perm#fees. All applications for permits shall be paid when permit is picked up. Fees are based upon the City -adopted fee schedule in accordance with the International Building Code. 16.65.070 Issuance of permits - Inspection. (1) The building official shall issue a permit for erection, alteration or relocation of a sign within 30 days of receipt of a complete application; provided that the sign complies with all applicable laws and regulations of the City. In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail. The building official may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application. A sign permit issued by the building official becomes null and void if work is not commenced within 60 days of issuance and is not completed within 180 days of issuance or is abandoned for a period of 180 days. Proof of ordering the sign constitutes commencement of work. Permits may be renewed one time with an additional payment of one-half of the original fee. (2) Any person installing, altering, or relocating a sign for which a permit has been issued shall notify the building official upon completion of the work. No sign shall be deemed approved until the building official has conducted a final inspection and indicated approval on the face of the sign permit. 16.65.080 Requirements applicable to all signs. Ordinance _ - Exhibit B, Formatted: Centered ,�� Formatted: Font: 14 pt (1) For the purpose of determining if a proposed sign permit should be issued pursuant to this section, the following criteria shall apply. In addition, signs shall be in compliance with the Uniform Sign Code of the International Conference of Building Officials, as adopted by the City. This section specifies, unless otherwise stated in this chapter, design criteria, construction standards, requirements for materials, and limitations on the projection and clearance of signs. Not less than one copy of said codes is on file in the office of the City clerk. Compliance with the Uniform Sign Code shall be a prerequisite to issuance of a sign permit under this chapter. (2) Electrical Requirements. Electrical requirements for signs within the City shall be governed by the National Electrical Code, 1984 Edition (or any superseding edition adopted by the City), promulgated by the National Fire Protection Association, which is adopted and made a part hereof by this reference. Compliance with the National Electrical Code shall be required by every sign utilizing electrical energy as a prerequisite to issuance of a sign permit under this chapter. (3) Sign Illumination. Illumination from or upon any sign shall be located, shaded, shielded, directed, or reduced so as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area, so as to avoid unreasonably distracting pedestrians or motorists, and from bodies of water as defined in the shoreline master program. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. (4) Sign Maintenance. All signs, including signs heretofore installed, shall be continually maintained in a state of security, safety, and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is located to repair or remove the sign within five days after receiving notice from the building official or his designee. The premises surrounding a freestanding sign shall be free and clear of rubbish and landscaped area free of weeds. (5) Landscaping for Freestanding Signs. All primary freestanding signs shall include landscaping at their base to prevent automobiles from hitting the sign -supporting structure and to improve the overall appearance of the installation. The planting area shall be a minimum of one square foot for each square foot of sign surface area and shall include a mix of native shrubs and groundcover (see POMC Chapter 16.50) so that at the time of installation a minimum of 25 percent of the required planting area is covered by plant material. If the landscaping is not installed concurrently with the sign, the applicant for a sign permit shall provide a performance assurance device. All required landscaping must be installed within 60 days of completion of the sign installation, unless the building official grants an extension in writing for reasons of weather, good planting practices, or unforeseeable construction delay. (6) Sign Inspection. All sign users shall permit the periodic inspection of their signs by the City upon request pursuant to this section. (7) Height of Signs. See district requirements, POMC 16.65.090, 16.65.100 and 16.65.110. (8) Placement of Signs. All signs must be properly supported and secured as determined by the building official. Signs may only face streets and parking lots. Signs may not be mounted on the back of buildings or areas not generally accessed by the public. Multiple occupancy complexes shall provide for a comprehensive signage plan, coordinating sign design, and placement. Signs shall be located on the premises unless otherwise authorized within this chapter. Signage placed or projecting into the public right-of-way shall be approved by the City Council or as otherwise authorized by this chapter. No sign shall be located as to obstruct or create hazardous conditions for motorists or pedestrians. All signs shall comply with the sight distance requirements of the land use code. (9) Sign design shall provide continuity with signage on the same or adjacent properties with respect to mounting location and height, proportions, materials, and other significant qualities. Ordinance - Exhibit B. Formatted: Centered ' Formatted: Font: 14 pt (10) Painted Signs - Mounting. Murals and graphics may be painted on plywood or other backing material or directly on the building wall itself (as approved by the building official(. (11) Appearance of Signs. All signs shall have a professional appearance (as approved by the building official(. (12) Abandoned Signs. Abandoned signs shall be removed or message coated out by the property owner or lessee within 30 days after the business or service advertised by the sign is no longer conducted on the premises. If the property owner or lessee fails to remove it, the building official shall give the owner 10 days written notice to remove it. Upon failure to comply with this notice, the building official may cause the sign to be removed at cost to the owner of the premises. The cost of removal will be twice the total cost of all labor, equipment, and material costs incurred by the City to include 100 percent labor overhead and 15 percent materials markup. Foundations, posts, and structure of the sign, with all advertising copy removed, may remain on the premises for up to three years with the owner's written consent, on the condition that some must be continuously maintained pursuant to this section. (13) Position of Signs. Signs shall face or be placed fronting public avenues or customer parking areas so as to not adversely affect neighboring properties. (14) Conflicting Provisions. Whenever two provisions or interpretations of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision or interpretation shall apply. 16.65.090 Residential district signs. Signs established in any " R' zone must comply with the following provisions: (1) No sign in a residential district shall extend more than six feet above the elevation of the address street. s-erea©t�ermiited: (32) Street Address. All dwelling units in residential districts shall display house numbers, no less than four inches in height, readable from the street. (43) Temporary Sale Signs (Garage Sale, Estate Sale, etc.). (a) May contain up to three square feet per side and may be double -sided. (b) May be displayed no more than three days prior to the event and shall be removed 24 hours after the event is completed. (c) May not be displayed in or on public property. (d) There shall be no more than two such events advertised with temporary sale signs for any residence per year. (e) No such event shall continue for more than six days within a 15-day period. (54) Directional Signs. (a) May contain up to three square feet per side of allowable area and may be double -sided. (b) Limited to one sign per ingress and one sign per egress. (65) Residential Subdivisions and Multiple -Family Development Signs. (a) One monument sign up to 15 square feet in area per face at each entrance to the development or a single monument sign up to 32 square feet in area per face per development. (b) Directional and informational signs for the convenience of tenants and the public relative to parking, office, traffic movement, etc. (c) Sign height not to exceed six feet, measured from the ground to the top of the sign. (76) Real Estate for Sale or Rent Signs. See POMC 16.65.140. (87) Home Occupation Signs. See POMC 16.65.135. (98) Churches, Health Care Facilities, or Multi -unit Group Residence Signs. Ordinance - Exhibit B. Formatted: Centered Formatted: Font 14 Pt (a) Shall be limited to monument signs, which are no higher than six feet above the ground. (b) Size must comply with subsection (F) (1) of this section. (309) Conditional Uses. Signs for conditional uses shall comply with residential sign requirements. (3410) Allowable Combinations of Sign Types. (a) There shall be no combination of permanent sign types on a single street frontage. (b) Total combined area of all exempt signs on any lot on a residential district shall not exceed three square feet. (421 1) Setbacks: No permanent sign shall be located closer than 10 feet to an internal property line or closer than 10 feet from the right-of-way line unless attached to a fence that meets all City codes. (4-312) Signs which are attached to fences shall not extend higher than the fence. 16.65.100 Tremont Street Corridor Overlay District sign standards. The purpose of this section is to regulate signs to create a common design theme within the Tremont Street Corridor Special Overlay District (TRMT). No person shall erect, re -erect, construct, enlarge, move, improve, remove, convert, or equip any sign or sign structure, or cause or permit the same to be done without a permit granted through the TRMT permit process. (1) General Sign Regulations. (a) No sign or any contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. (b) Internally illuminated signs are prohibited. All signs shall be constructed of natural materials. (ci No flags or pennants of any type may be utilized to draw attention to any use or structure on a permanent basis. Colored flags which contain no written insignias may be displayed two times a year for periods not to exceed 30 days. NOTE: This does not preclude national, state, or local flags, pennants, or banners which are displayed in observance of recognized holidays. Id) Signage on awnings shall be painted on the awning surface and be restricted to the awning's flap (variance) or to the end panels of angled, curved, or box awnings. (e) The identification of each building or store's address in 6 inch high numbers over the main entry doorway or within 10 feet of the main entry is required. (f) Corporate painting schemes (e.g. colored stripes, etc.) are considered a form of advertising and are considered a sign under these guidelines. (2) Specific Signs Regulations. (a) Monument signs. ii) Monument signs shall be measured by a rectangle around the perimeter, excluding the base. Under no circumstances may the sign exceed six feet in height or 24 sq. ft. in size, excluding the base. One monument sign is permitted per each development or lot of record. (ii) Each monument sign shall be located within a planted landscaped area which is of a shape and design providing a compatible setting and ground definition, to a ratio of four (4) sq. ft. of landscaped area for each sq. ft. of sign area (one side only). (III) Monument signs shall be constructed of natural materials, or appear to be constructed of natural materials, unless inconsistent with the building architecture. iiv) Backlit, neon and fluorescent lighted signs are not permitted. (b) Freestanding Signs. Ordinance - Exhibit B. Formatted: Centered �FOrmettM: Fort: 14 pt — (i) All tenant signs shall be uniform in size and color. One style of typeface is preferred. (n) The sign area for each tenant on a freestanding sign shall be proportional to the size of their respective store (large stores have larger signs compared to smaller stores and smaller signs). (III) The number of tenant signs per freestanding sign shall be limited to the three largest tenants based on floor area. In no case will a freestanding sign identify more than three tenants. (iv) A minimum of 10% of the sign area of freestanding signs for large multi -story buildings or developments should be devoted to identification of the center or building by address and name. (v) Shall be placed perpendicular to traffic (v j Shall be placed in raised planters with two (2) sq. ft. of landscaped area per each sq. ft. of sign area whenever possible. (vii) Shall be constructed of natural materials, unless inconsistent with the building architecture. (vii) Backlit, neon and fluorescent lighted signs are not permitted. (c) Wall signs. (i) The area around a painted wall sign, logo or any facsimile drawing attention shall be calculated by measuring a rectangle around the outside of letters or mural. (ii) The use of logos, corporate insignias, and corporate colors is permitted on any wall sign provided that these do not occupy more than 25 %of the sign area. (iii) No building signs shall be allowed above the bottom of the second floor window line (where one exists) except where a multi -story building has a sign panel just below the roofline for its name or a major tenant's name. (iv) The use of a graphic consistent with the nature of the product to be advertised is encouraged, e.g., hammer symbol for hardware store, mortar and pestle for a drug store. (v) Direct and indirect lighting methods are allowed providing they do not cause harsh or unnecessary glare. The use of can -type box signs with translucent backlit panels are not permitted on any structures. (vi) Individual backlit single cut letter signs are allowed. (vii) Sign colors are required to be compatible with individual building signs, freestanding and monument signs. (viij The use of permanent sale or come-on signs is prohibited. The temporary use of these signs is limited to 30 days within a 90 day period. Signs affixed to windows may not occupy more than 20% of the window area. Each business is permitted a total of not more than 120 days of temporary signs per calendar year. (3) Sign Area. The area of a wall sign is calculated as follows: (a) Single Tenant: One sq. ft. of sign area per lineal bldg. frontage. Not to exceed 50 sq. ft. (b) Building Identification: One per street frontage. One-half square feet of lineal building lot frontage. Not to exceed 40 sq. ft. (c) Multiple Tenants: One per tenant. Not to exceed 10 sq. ft. (d) Wall Name Plate: One per tenant. Not to exceed 4 sq. ft. (e) Window Signs are considered wall signs. One per window is permitted; not to exceed 25%of window area. 16.65.110 Commercial, mixed use, and employment disMct signs. Formatted: centered —� Formatted: Font: 14 Pt Ordinance - Exhibit B, In all commercial districts, the following regulations and standards shall apply. (21) Each business building shall display a street address number identification sign readable from the street. The minimum height of the street address numbers shall be six inches. (32) Temporary Signs. Allowed. See POMC 16.65.160. (43) Directional Signs, such as entrance and exit signs, may contain an allowable area up to three square feet per side, may be double -sided and are limited to one sign per ingress and one sign per egress. Directional signs may not contain advertising copy other than the business logo, if applicable. (34) Projecting Signs shall not exceed 32 square feet per face; one sign per elevation per business is permitted; shall not project more than six feet from a building nor within two feet of the curb line; and shall not extend above the parapet or eaves line. (65) Freestanding Signs. (a) In a Commercial and Employment District the maximum height permitted is twelve feet and the maximum sign area may be equal to one square foot for each lineal foot of street frontage per sign face, not to exceed 90 square feet. (b) In a Mixed Use District the maximum height permitted is six feet and the maximum area permitted is equal to one square foot for each lineal foot of street frontage per sign face, not to exceed 50 square feet. (76) Wall Signs standards are as follows: (a) Allowable Area. One square foot for each lineal foot of wall frontage. No single sign face shall exceed 90 square feet. (b) No more than one per wall with frontage to a public street or parking area. (c) No sign shall extend above the parapet or eaves line. (87) Sandwich Boards/Sidewalk Signs. Must meet the following criteria: (a) Signs shall not exceed 24 inches by 36 inches. (b) Signs shall be placed on and directly in front of premises being advertised. (c) Signs are placed only during hours the business is open. (d) Signs shall not be placed within the road right-of-way, unless otherwise stated in Resolution No. 1884. See POMC 16.65.130 regarding downtown Bay Street. (e) Signs limited to one per street frontage. (98) Buildings with multiple tenancies shall be limited to one sign per street frontage along with one per tenant space to be placed immediately adjacent to the business entrance. Businesses must allow unobstructed sidewalk or walkway width of four feet. (4-09) Gas station/convenience store signs must comply with the following standards: (a) Gas price signs must be permanently anchored and the sign area shall not exceed 12 square feet and no more than one per street frontage. (b) Canopy Signage shall not be included in determining the total sign area of a business, is limited to logo shields and no product advertising is permitted on spandrels, canopy, or columns. (104) On any street frontage, the only allowable combinations of signs are: (a) Wall sign and freestanding sign. (b) Projecting signs and freestanding sign. signs.(12) Off premises Net-eNewed. (4311 ) Setbacks. Signs under this section may have zero -foot setbacks. 16.65.120 Downtown Marquee signs. (1) Abutting property owners can use that portion of the marquee which is within the extended property lines to advertise those businesses which are located on the subject property. All marquee signs shall have a building permit to confirm location, design standards, and structural connection. The City is authorized to relocate or remove any sign on the marquee or in Ordinance - Exhibit B, - - - Formatted: Indent: LeR: 0.5" Formatted• Gentered Formatted: Font: 14 Pt the public right-of-way that does not conform to City standards. No sign shall advertise a business that is not located on the abutting Bay Street property. No temporary signs or banners shall be allowed on the marquee, except those installed by the City. No display of merchandise shall be hung from the marquee. (2) Allowable Area for Marquee Signage. One square foot for each lineal foot of wall frontage. Marquee sign is part of the total usable signage for the site. No single sign face shall exceed 32 square feet. The property owner of a multiple occupancy building will be responsible for the division of usable signage and signs shall be spaced evenly. (3) Design Criteria. (a) The signs shall be mounted flush to the marquee railing. (b) The sign is to be centered on the horizontal plane of the marquee and shall not extend above the top or bottom of the marquee railing face. Sign shall be placed directly in front of business. Proportional size length to width approximately with ratio of 2:1 minimum. (c) All signs shall have a professional appearance. (d) No sign is to have a right angle corner. (e) Exterior lighting directed from the top portion of the sign is allowed. A clearance of 14 feet for commercial vehicles must be permitted. The lighting must be shielded from traffic and avoid undue brightness. See POMC 16.65.080(2). Subject to permit and design criteria. (f) Signs under the marquee shall be placed to allow seven feet clearance above the sidewalk. The sign shall be rectangular in shape, not to exceed six square feet, corner treatment is as follows, and shall be installed per City standards. (g) Any movie theater with more than 150 seats is exempt from the standards of this section, but must meet requirements of POMC 16.65.110. (h) Changeable letter strips may be added to a marquee sign for those businesses that pay a state/local admission tax for use of entertainment advertising only. 16.65.130 Downtown business core sandwich/sidewalk signs. (1) Existing and proposed sidewalk signs are permitted only within the mixed use district, between Water Street and Harrison Avenue on Bay Street. These signs shall meet the specific standards and requirements in this section (2) Sidewalk signs require a sign permit. A copy of the approved sign permit shall be legibly attached to the underside of the sign at all times. Any applicant for a sidewalk sign permit shall be required to sign a hold harmless/indemnification agreement and shall provide evidence that the applicant maintains liability insurance in an amount as required by the building official naming the City of Port Orchard as on additional insured. Said coverage shall not be canceled or modified without 30 calendar days prior to written notice to the building official. Failure to maintain such insurance coverage shall result in revocation of the permit. Any applicant for a sidewalk sign permit shall sign a statement that the applicant agrees to adhere to the standards and requirements set forth in this chapter, and if not, the sign may be removed by the City and/or the sign permit revoked. (3) Number, Size and Location. Maximum of one sidewalk sign per business permitted, including businesses having more than one street frontage. The sign shall be placed in front of and on the some side of the street as the building or establishment which it advertises. (a) Buildings with multiple tenants who have access from a common entrance are permitted one sidewalk sign per building upon which all interior tenants may be advertised. (b) Maximum size of sidewalk sign shall be six square feet per sign face, witha maximum of two sign faces per sign. Ordinance - Exhibit B. Formatted: Centered � �FormeltM: Font: 14 pt __ (c) Maximum height of sign shall be 36 inches above the sidewalk, walkway, or plaza upon which it is placed, and no materials (such as paper, balloons, windsocks, etc.) may be added to the sign to increase its height. The height of such signs may not be artificially increased above the allowed maximum by the placement of material underneath. Maximum width of sign shall be 24 inches. (d) No sign may be placed in such a way as to reduce the continuous unobstructed width of a sidewalk or walkway to less than four feet. (e) No sign may obstruct an entrance to a building or any steps. (f) No sign may be placed within a required vision clearance triangle, as defined by this chapter, or within 20 feet of a wheelchair ramp. (g) No second party advertising shall be permitted on such signs. (h) Owners are responsible for the removal of their sidewalk sign following business hours and during periods of strong winds. (4) Materials. Signs shall be constructed of weather -resistant materials, such as wood, plastic, or metal. Signs constructed of impermanent materials, including but not limited to cardboard and paper, are prohibited. No sign shall contain foil, mirrors, bare metal, or other reflective materials, which could create hazardous conditions to motorists, bicyclists, or pedestrians. No sign may contain lights of any kind. 16.65.135 Home occupation signs. (1) The sign shall not exceed four square feet. (2) The sign shall be set back a minimum of ten feet from the property line, unless sited on an otherwise permitted fence. (3) Freestanding and fence mounted signs can be no higher than six feet as measured from the top of the sign to the ground. 16.65.140 Real estate signs. All exterior real estate signs must be of a durable material. Only the following real estate signs are permitted: (1) Residential for Sale or Rent Signs. Signs advertising residential property for sale or rent shall be limited to one single -faced or double-faced sign per street frontage. Such signs shall not exceed four square feet per face, and must be placed wholly on the subject property. Such signs may be displayed while the property is actually for sale or rent. A sold sign may remain up for 10 days after the occupancy of residential property. (2) Residential Directional Signs. Signs advertising an open house and the direction to a residence for sole or rent shall be limited to three single -faced or double-faced off -premises signs. Such signs may not exceed four square feet per face. Such signs are permitted only when a real estate agent or seller is in attendance at the property for sale, and not overnight. Such signs may not be placed in the public right-of-way, nor shall they be placed on a sidewalk or in any location where they would cause a public hazard as determined by the police chief and/or building official. (3) Commercial or Employment for Sale or Rent Signs. Signs advertising commercial or employment property for sale or rent shall be limited to one single -faced or double-faced sign per street frontage. Signs may be displayed while the property is actually for sale or rent up to one year. If at that time property is not sold or rented, a permanent sign is required. The signs shall not exceed 32 square feet per face. If freestanding, the signs shall not exceed five feet in height and shall be located at least 15 feet from any abutting interior property line and wholly on the property for sale or rent. In applications where constant leasing/rentals occur, a permanent sign may be erected on the property in accordance with the permanent sign requirements. (4) Temporary Subdivision Signs. Signs advertising residential subdivisions shall be limited to one single -faced or double-faced sign per street frontage. Such signs shall not exceed Ordinance - Exhibit B, Formatted: Centered IA FMmalted: Font: 14 p[ 32 square feet per face and shall not exceed 10 feet in height. They shall beset back at least 10 feet from any abutting inferior property line and shall be wholly on the property being subdivided and sold. 16.65.150 Political signs. Signs, posters, or bills promoting or publicizing candidates for public office or issues that are to be voted upon in a primary, general, or special election may be displayed on private property in accordance with the following restrictions: (1( Political signs can be posted 120 days before a special election and 60 day prior to the primary or general elections, and shall be removed within seven days after the election; (2( Prohibited on Public Property. It is unlawful for any person to paste, paint, affix, or fasten any political sign on a utility pole or on any public right-of-way, property, building, or structure. (3( Responsibility for Compliance. It shall be presumed that any violation of this section was done at the direction and request of the political candidate and/or campaign director. 16.65.160 Temporary and special events. Except as otherwise provided below for certain special categories, temporary and special event signs shall not exceed 32 square feet in area per face. In addition, temporary and special event signs shall not be allowed without first being requested in writing and reviewed by the building official or his designee, who may impose conditions of approval. (1( Construction Signs. Construction signs identify the architects, engineering, contractors, or other individuals or firm involved with the construction of a building and announce the character of the building or the purpose for which the building is intended. Such signs may be displayed only after a building permit is obtained and during the period of construction on the construction site. Only one such sign is permitted per street frontage. No construction sign shall exceed 32 square feet per face or 10 feet in height, nor shall it be located closer than 10 feet from an interior property line. Construction signs shall be removed by the date of first occupancy of the premises, or upon expiration of the building permit, whichever first occurs. (2( Grand Opening Displays. Temporary signs, posters, banners, strings of lights, clusters of flags, blinking lights, balloons, searchlights, and beacons are permitted for a period not to exceed 30 days to announce the opening of a completely new enterprise or the opening of an enterprise under new ownership. All such signs and materials shall be located on the premises being advertised and shall be removed immediately upon expiration of said 30-day period. (3( Special Sales and Events. Temporary signs, posters, banners, strings of lights, clusters of flags, balloons, searchlights, and beacons are permitted for the limited purpose of announcing a retail sale or special event in business or commercial zones, but not on a routine basis. All such advertising material shall be located on the premises being advertised limited to one per road frontage per business or multiple occupancy complex and shall be removed immediately upon expiration of said special sale or event. Such special sale or event shall be limited to a 30-day period. (4( Quitting Business Sales. Temporary signs, posters, and banners are permitted for a period of 30 continuous days for the purpose of advertising quitting business sales, liquidation sales, or other events of a similar nature. All such signs shall be located on the premises being advertised and shall be removed immediately upon expiration of the 30-day period, or conclusion of the sale, whichever occurs first. (5( Seasonal lighting shall be permitted on the downtown marquee and over the street for a period of 30 days. Formal[eO: Centered �' � FOfmiaeU: Font: 14 pt Ordinance _ - Exhibit B, ibi Product Advertising Signs. A banner whose primary objective is to advertise a specific product or brand name and is located outside the business building shall be limited to 30 days per product and/or sign every six months. Formatted: Centered Formatted: Font: 14 Pt Ordinance - Exhibit B, 16.65.180 Noneonlorming signs. (1) Signs existing on the date of adoption of the ordinance codified in this chapter, which do not conform to the specific provisions of this section, shall be deemed to be legal nonconforming signs which are exempt from the provisions of this section only on the following conditions: (a) The sign was lawfully erected in full compliance with all codes which were then applicable. (b) The sign does not endanger the public health, safety, or welfare. (c) The sign does not lose its nonconforming status as provided in subsection (2) of this section; provided, that nonconforming status shall not apply to temporary, special event, real estate, or portable signs, or to any sign on public right-of-way.' ; provided further, that portable reader board signs which meet the nonconforming criteria specified in subsection (1) of this section shall be granted a phase -out period of 12 months from the adoption of the ordinance codified in this chapter or until they lose their nonconforming status as provided in subsection (2) of this section, whichever occurs first. (2) A legal nonconforming sign may lose said designation if any of the following occur: (a) If the sign is not continuously maintained and repaired as required by POMC 16.65.080. (b) If the sign structure is relocated or replaced (not to include a mere change of advertising copy). (c) If the structure or size of the sign is altered in any way to make it more nonconforming with the provisions of this section. This does not refer to a change of copy or normal maintenance. (d) If the sign suffers more than 50 percent appraised damage or deterioration. (3) A sign permit shall not be issued if the application requests a nonconforming sign to be modified, enlarged, extended, constructed, reconstructed, moved, or structurally altered in such a manner that would continue to keep the sign out of conformance with this chapter. (4) The owner may continue using the nonconforming sign for a period determined by use of the table contained in this section. At the expiration of any such period, the owner shall at his/her expense either remove the sign and its' supporting members or modify or replace it so as to bring it into compliance with the requirements and standards of this chapter. As used in the table, time limitation means the period which begins to run when the building official mails notice of the valuation of the sign to the owner of real property on which it is situated, as Ordinance Exhibit B, Formatted: Centered ' Formatted: Fant: 14 pt disclosed by the most recent county assessor's rolls. The value of sign means the valuation determined by the building official, who may consider evidence of the sign's original cost, replacement cost, salvage value, adjusted basis for income tax purposes and fair rental value, to the extent such evidence is available. The owner may appeal to the City Council. Such appeal shall be filed within 60 days of the building official's notice and shall present evidence that the sign was in accordance with the requirements of the municipal code in force at time the sign was erected. Value of Si n Time Limitation 1,000 or less One year More than $1,000, but less than $10,000 Three years 10,000 or more Five years (5) The owner may appeal to the Building Appeal Board. Such appeal shall be filed within 14 days of the date of the building official's notice. The burden of proof shall be on the appellant to establish that the sign was in compliance with City codes that were in force at the time the sign was erected, re -erected, or otherwise altered. 16.65.190 Comprehensive design plan permits. Application may be made to the Hearing Examiner for special consideration whereby deviations from the requirements and restrictions of this chapter may be permitted when an applicant is using a comprehensive design plan to integrate signs into the framework of the building or buildings, landscaping, and other design features of the property, utilizing an overall design theme. Comprehensive design may be used on an existing building where the facade is being altered, when there is new construction, or in freestanding signs. These permits are not to be confused with the procedures for obtaining variances for hardship or unusual circumstances. Rather, these permits are based upon the applicant satisfying the Hearing Examiner that an exceptional effort has been made toward creating harmony between the sign, the building, and the site where it is located through use of a consistent design theme which complements and enhances surrounding natural beauty of the area. The comprehensive design plan shall be presented to the Hearing Examiner with a narrative describing the proposed plan. (1) Comprehensive design plan permits criteria. The Hearing Examiner shall assess the applicant's information using the following criteria: (a) The proposal manifests exceptional visual harmony between the sign, buildings, and other components of the subject property through the use of a consistent design theme. (b) The sign or signs promote the planned land use in the area of the subject property and enhance the aesthetics of the surrounding area. (c) The sign and its placement do not obstruct or interfere with any other sign or property in the area or obstruct natural scenic views. (d) The proposed plan is aesthetically superior to what could be installed under existing criteria in this chapter. 16.65.200 Variances. (1) Variance applications shall be processed pursuant to the procedures for zoning variances specified in POMC 16.35.150. (2) Variances for height of signs in a residential district, POMC 16.65.090, may be processed as an administrative variance by the Planning Director. 16.65.210 Enforcement procedures. Ordinance - Exhibit B, AiFormatted: Centered Formatted: Font: 14 Pt (1) The building official or his designee shall have jurisdiction to administratively enforce the provisions of this chapter. Upon presentation of proper credentials, the building official or his duly authorized representative may, at all reasonable times enter upon any premises to inspect the same for violations of this chapter. All signs for which a permit is required are subject to periodic inspection by the Code Enforcement Officer. (2) The building official may use the following administrative methods of enforcing the provisions of this chapter: (a) In cases where the building official determines that a sign presents an immediate threat to the safety of the public, or a sign is unlawfully located on public property, the building official may order the sign to be immediately removed by the owner or by the City at the owner's cost. (b) In cases where a sign is erected or installed without a permit in violation of this chapter, the building official shall give written notice by certified mail to the owner to comply with the provisions of this chapter or remove the sign within 48 hours. If compliance within 48 hours is not obtained, the building official may order the sign to be removed by the owner or by the City at the owner's cost. These 48 hours serve as the administrative warning period. (c) In all other cases where the building official identifies a violation of any provision of this chapter, he shall give 10 days' notice, in writing by regular and certified mail, to the owner to bring the sign into compliance with this chapter or to remove it. Upon failure to comply with said notice, the building official may issue a civil infraction and order the sign removed by the owner or by the City at the owner's cost. (3) As used in this section, the term "owner" shall refer to the owner of the sign in question; provided, that if the building official is unable, after reasonable efforts, to determine the identity of the owner of the sign, the building official may notify, instead, the owner of the real property on which the sign is located, and may rely upon the name and address of such owner as it appears in the records of the Kitsap County assessor. 16.65.230 Violations - penalties. After the administrative warning period referred to in POMC 16.65,210(B)(2) has expired, any person, business, or corporation violating a provision of this chapter shall be construed as having committed a civil infraction and, upon a finding of liability, shall pay a civil penalty of not more than $250.00. Each day a violation exists shall be considered a separate infraction. Any person, firm, or corporation interfering with the Code Enforcement Officer's enforcement of this chapter may be cited under the City's criminal code for the offense of obstructing a public officer. Formatted: Centered ' Formatted: Font: 14 pt Ordinance - Exhibit B, , City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Public Hearing 6C Subject: Annexation of South Sedgwick File No. A-22-10 Meeting Date: June 22, 2010 Prepared by: James R. Weaver, Development Director Atty Routing No: Atty Review Date: NA NA Summarv: Lars Kvinsland, agent for the petitioners, submitted a Petition for Annexation, to annex twenty-four parcels totaling approximately 95.11 acres. The parcels are located in the vicinity of Highway 16, Sedgwick Road, Sidney Road, Meline Road, and Ferate Avenue, within Sections 10 and ii, Township 23 North, Range 1 East, W.M., Kitsap County, Washington. This property was incorporated into the City's Urban Growth Area by Kitsap County as part of the io-year update of their Comprehensive Plan in December 20o6. Parcels 4800-000-023- oio6,4800-000-024-0006,4800-000-013-0009,4800-000-012-0000,4800-000-009-0005 and 4800-000-025-0005 are currently designated Urban Low -Density Residential in the County Comprehensive Plan and Urban Low Residential (4-9 DU/Ac) on the County zoning map. The remainder of the parcels are currently designated Urban High -Intensity Commercial/Mixed Use in the County Comprehensive Plan and Highway/Tourist Commercial (10-3o DU/Ac) on the County zoning map. This annexation will bring the southern City limit to the full extent of the Urban Growth Area, west of SR 16, with a small exception closer to McCormick Woods. The annexation contains critical areas, including moderate hazard areas, a portion of Blackjack Creek, a small, unnamed stream, and a large number of wetlands and hydric soils. The parcels to the west of State Route 16 are currently zone Highway Tourist Commercial (HTC) in Kitsap County, although most of the parcels contain single-family residences on large lots. The parcels east of State Route 16 are proposed to contain residential uses; either R20 or R4.5. The Notice of Intent to Petition for Annexation was submitted on February 18, 2olo and reviewed by the Port Orchard City Council at a regularly scheduled meeting held on March 23, 201o. The Council voted to accept the Notice of Intent and directed the applicant to proceed with the Petition request. The complete Petition for Annexation was submitted May 19, 2010. The Port Orchard Planning Commission reviewed the Annexation request at their June 21, 2010 meeting, and approved a PC Resolution 003-io, recommending approval of the petition for annexation, with Comprehensive Plan designations and zoning designations, to become effective upon annexation. RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon annexation of any area which might reasonably be expected to be annexed by the City at any future time. The December 9, 2008 adoption of the 20o8 Port Orchard Comprehensive Update, Appendix A, designated future zoning and comprehensive land use designations for areas inside the urban growth boundary but outside incorporated City limits. Recommendation: Open the Public Hearing regarding annexation of South Sedgwick. Fiscal Impact: None Alternatives: Do not open the public hearing. Attachments: Map Legal Description Planning Commission Resolution No. 003-10 2 b w $� al {, O a all {lS�i,11 Te I a tt tt i� Legal Description South Sedgwick Annexation Those portions of Section 11, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, described as follows: The East Three -Quarters of the North Quarter of the Southwest Quarter; And Lots B and C of Short Plat No. 382 recorded under Auditor's File No. 1118531, records of Kitsap County; And all that portion of Sidney Road lying within the South 400 feet of the Northwest Quarter of the Southwest Quarter; AND those portions of the plat of Richland Acre Tracts, recorded in Volume 3 of Plats, page 18, records of Kitsap County, Washington, described as follows: Beginning at the northwest corner of Tract 8 of the plat of Richland Acre Tracts, recorded in Volume 3 of Plats, page 18, records of Kitsap County; thence easterly along the north line thereof 15 feet; thence southerly along the east line of the West 15 feet of said Tract 8 to the north line of that parcel deeded to Kitsap County by State of Washington Highway Commission Deed recorded under Auditor's File No. 11 17232, records of Kitsap County and being a point opposite and easterly of Highway Engineer's Station B 3+00 as depicted on Sheet 14 of that Right -of - Way and Limited Access Plan titled SR16, Olympic Drive to Tremont Street, dated January 18, 1974 and filed in the office of the Department of Highways, Olympia, Washington; thence easterly along said north line to a point opposite Station B 3+00 and 25 feet easterly therefrom; thence southerly in a straight line to a point opposite Station A 2+19 as depicted on said plan; thence southwesterly on a line perpendicular to the NB line as depicted on said plan to the northeasterly right-of-way margin of SR 16; thence northwesterly along said right-of-way margin to the north line of Tract 13 of said plat; thence easterly along said north line and the easterly extension thereof to the point of beginning; And Tracts 23 and 24 and the West 30 feet adjoining; Except the North 50 feet of Tract 24; And Tracts 25 and 26 and the East 15 feet adjoining; Except that portion previously annexed into the City of Port Orchard under Ordinance No. 008-09; And all those portions of the following described parcels lying northeasterly of the northeasterly right-of-way margin of SR 16: Tracts 9 thru 12'h, inclusive, and the East 15 feet adjoining; Tract 22; Cedar Road (platted as County Road) lying between Tracts 12 and 12'h; AND all that portion of Ferrite Avenue (platted as Jackson Street) lying within the plat of Brenlcrhusl, recorded in Volume 3, page 49, records of Kitsap County, Washington; AND that portion of Section 10, Township 23 North, Range I East, W.M., Kitsap County, Washington, described as follows: The North Half of the Southeast Quarter; Except any portion of Glenwood Road SW and SW Sedgwick Road lying southwesterly of the following described line: Beginning at the southwest corner of Lot B of Short Plat No. 6678-R1, recorded under Auditor's File No. 3224933, and filed in Volume 15 of Short Plats, page 228, records of Kitsap County, and being a point on a curve on the southeasterly right-of-way margin of SW Sedgwick Road; thence on a radial bearing to said curve northwesterly to the northwesterly right-of-way margin of NW Glenwood Road and the terminus; Also Except those portions previously annexed into the City of Port Orchard under Ordinance Nos. 1659, 1900, 022-08, 024-07, and 030-07. Legal Description for South Sedgwick Annexation as provided by Kitsap County Public Works — March 25, 2010 CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 003-10 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION DESIGNATING PROPERTY COMMERCIAL, RESIDENTIAL: HIGH DENSITY, AND PUBLIC AND RESIDENTIAL: LOW DENSITY ON THE CITY OF PORT ORCHARD COMPREHENSIVE PLAN MAP; AND COMMERCIAL: RETAIL -OFFICE, RESIDENTIAL R20, AND R4.5 ON THE CITY OF PORT ORCHARD ZONING MAP, TO BECOME EFFECTIVE UPON ANNEXATION. THE PROPERTY IS KNOWN AS SOUTH SEDGWICK, LOCATED WITHIN UNINCORPORATED KITSAP COUNTY, IN THE VICINITY OF HIGHWAY 16, SEDGWICK ROAD, SIDNEY ROAD, MELINE ROAD, AND FERATE AVENUE, WITHIN SECTIONS 10 AND 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. TAX PARCEL NOS.: 112301-3-010-2007, 112301-3-009-2000, 112301-3-003-2006, 112301-3- 048-2003, 112301-3-005-2004, 112301-3-047-2004, 112301-3-008-2001, 112301-3-011-2006, 112301-3-012-2005, 112301-3-014-2003, 112301-3-040-2001, 102301-4-017-2009, 102301-4- 023-2001, 102301-4-051-2006, 102301-4-052-2005, 102301-4-053-2004, 4800-000-023-0106, 4800-000-023-0205, 112301-3-002-2007, 4800-000-024-0006, 4800-000-013-0009, 4800-000- 012-0000, 4800-000-009-0005,and 4800-000-025-0005. WHEREAS, the applicants submitted a petition for annexation of twenty-four parcels, totaling approximately 95.11 acres, and the associated rights -of -way, located in the vicinity of Highway 16, Sedgwick Road, Sidney Road, Meline Road, and Ferate Avenue; and WHEREAS, in December 2006 Kitsap County included the property legally described and geographically depicted in Exhibit "A" ("the Property") to the Port Orchard Urban Growth Area (UGA) and designated the Property in the County comprehensive plan as Urban Low -Density Residential; and WHEREAS, RCW 35.13.177 allows the City to prepare comprehensive plan and zoning designations to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time; and WHEREAS, the Planning Commission held a Public Meeting for the zoning/comp plan designation on June 21, 2010; and WHEREAS, the Planning Commission heard testimony regarding the proposal from the applicant, staff and the public; and WHEREAS, being fully advised, the Planning Commission finds and concludes as follows: FINDINGS 1. A complete Petition for Annexation of the Property into the City was received on May 19, 2010. 2. The Property is located with the City's Urban Growth Area and is contiguous to the City limits. 3. Parcels 112301-3-010-2007, 112301-3-009-2000, 112301-3-003-2006, 112301-3-048- 2003, 112301-3-005-2004, 112301-3-047-2004, 112301-3-008-2001, 112301-3-011-2006, 112301-3-012-2005, 112301-3-014-2003, 112301-3-040-2001, 102301-4-017-2009, 102301-4-023-2001, 102301-4-051-2006, 102301-4-052-2005, 102301-4-053-2004, 4800- 000-023-0106, and 112301-3-002-2007 are currently designated Highway/Tourist Commercial in the County Comprehensive Plan and Highway/Tourist Commercial (10-30 DU/Ac) on the County zoning map; and Parcels 4800-000-023-0106, 4800-000-024-0006, 4800-000-013-0009, 4800-000-012-0000, 4800-000-009-0005 and 4800-000-025-0005 are currently designated Urban Low -Density Residential in the County Comprehensive Plan and Urban Low Residential (4-9 DU/Ac) on the County zoning map. 4. The Property will be served by adequate public sewer, water supply, roads, and other needed public facilities and services. 5. The Property will have access from Sidney Road, Dogwood Road, and Ferate Avenue. 6. The Property is adjacent to areas of Commercial and Residential High Density comprehensive plan designations in the City of Port Orchard. 7. The Growth Management Act requires that upon approval of an annexation request, the City give a Comprehensive Plan and Zoning designation to the subject properties. 8. The purpose of the High Density Residential Comprehensive Plan Designation and single/multiple family detached/attached zone (1120 up to 20.0 units/net useable acre) is to (a) allow high density residential development in urban locations where public services and facilities are most available; (b) implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and (c) efficiently use residential land, public services, and energy. 9. The purpose of Low Density Residential Comprehensive Plan Designation and R4.5 zoning is for areas of future and existing neighborhoods with slightly larger lots where infill and redevelopment is not warranted. The primary purpose of the single family detached residential zone (114.5), up to 4.5 units/net useable acre, is to (a) provide for an urban residential environment that is consistent with the traditional image of the Port Orchard area and (b) to implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and to efficiently use residential land, public services, and energy. 10. The Commercial zoning designation provides the most comprehensive list of uses that support the goals and policies of not only economic sections of the Comprehensive plan and also supports a portion of the housing goals by providing the framework for creation of affordable housing units. CONCLUSIONS 1. The most appropriate comprehensive plan designation is Commercial with Commercial Retail/Office zoning for parcels 112301-3-010-2007, 112301-3-009-2000, 112301-3-003- 2006 , 112301-3-048-2003, 112301-3-005-2004, 112301-3-047-2004, 112301-3-008-2001, 112301-3-011-2006, 112301-3-012-2005, 112301-3-014-2003, 112301-3-040-2001, 102301-4-017-2009, 102301-4-023-2001, 102301-4-051-2006, 102301-4-052-2005, 102301-4-053-2004, 4800-000-023-0106, and 112301-3-002-2007. 2. The most appropriate comprehensive plan designation is Residential: High Density with R20 zoning for parcels 4800-000-023-0205, 4800-000-024-0006 and 4800-000-009-0005. 3. The most appropriate comprehensive plan designation is Residential: Low Density with R4.5 zoning for Parcels 4800-000-013-0009, 4800-000-012-0000, and 4800-000-025-0005. 4. Designating the Property Commercial, Residential: High Density, and Residential: Low Density is in conformance with the goals and policies of the Comprehensive Plan and the Growth Management Act. 5. Designating the Property Commercial, Residential: High Density, and Residential: Low Density is in furtherance of the health, safety, and general welfare of the community. 6. Zoning for the South Sedgwick annexation as Commercial, R20, and R4.5 is consistent with the City's Municipal Code: Title 16 Land Use Regulatory Code and its Comprehensive Plan, and is in furtherance of the health, safety, and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED THAT: The Planning Commission of the City of Port Orchard hereby recommends that the City Council approve the South Sedgwick Petition for Annexation, with a Comprehensive Plan designation of Commercial and Commercial Retail/Office for Tax Parcels 112301-3-010-2007, 112301-3-009-2000, 112301-3-003-2006, 112301-3-048-2003, 112301-3-005-2004, 112301-3-047-2004, 112301-3-008-2001, 112301-3-011-2006, 112301-3- 012-2005, 112301-3-014-2003, 112301-3-040-2001, 102301-4-017-2009, 102301-4-023-2001, 102301-4-051-2006, 102301-4-052-2005, 102301-4-053-2004, 4800-000-023-0106, and 112301-3-002-2007; a Comprehensive Plan designation of Residential: High Density and R20 zoning for Tax Parcels 4800-000-023-0205, 4800-000-024-0006 and 4800-000-009-0005; and a Comprehensive Plan designation of Residential: Low Density and R4.5 zoning for Tax Parcels 4800-000-013-0009, 4800-000-012-0000, and 4800-000-025-0005, to be effective upon annexation. PASSED by the Planning Commission of the City of Port Orchard this 21st day of June, 2010. Planning Commission Chair ATTEST: James R. Weaver, City Development Director City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7A Subject: Adoption of Ordinance No. 011-10 Amending Port Orchard Municipal Code Chapters 16.08 Definitions and 16.65 Sign Regulations Meeting Date: June 22, 2010 Prepared by: James Weaver, Development Director Atty Routing No: o61-lo AttyReview Date: June 14, 2010 Summary: Port Orchard Municipal Code Section 16.65 Sign Regulations or known as the "sign code", regulates the application, processing, approval criteria, and development regulations of signs within the Port Orchard Municipal Limits. The Sign Code was initially adopted by City Council on March 9, 1953 via Ordinance 607. The sign code was amended in October 26, 1998 via Ordinance 1741 which first included language related to billboards and outdoor advertising structures. Subsequent amendments occurred on March 8, 1999 via Ordinance 1762 and on December 19, 2007 via Ordinance 046-07. City staff interprets the current code as prohibiting billboards as "off -premises signs." Though staff believes that the current code provisions are adequate to serve the City's zoning requirements of prohibiting billboards, staff recommends removing all references to billboards within the code, as it appears that these references have caused confusion with persons believing that billboards are permitted within the City. The changes to the sign code resolve these issues and apply to regulations and any applications for permits related to billboards and outdoor advertising structures which are not otherwise vested by state law. Recommendation: The recommendation is for the City Council to approve Ordinance no. o11- 1o, amending Port Orchard sign code Chapter 16.65 POMC. Motion for consideration: I move to adopt Ordinance No. o11-1o, amending Port Orchard Municipal Code Chapters 16.o8 Definitions and 16.65 Sign Regulations. Fiscal Impact: None Alternatives: Approve Ordinance No. oil-ro, with modifications as proposed by City Council. Deny the Ordinance. Attachments: Ordinance No. oil-io Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: June 22, 2010 Adopted: ORDINANCE NO. oil-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE PORT ORCHARD MUNICIPAL CODE TITLE 16 CHAPTERS 16.o8 DEFINITIONSAND 16.65 SIGNREGULATIONS WHEREAS, Port Orchard Municipal Code Section 16.65 Sign Regulations "sign code", regulates the application, processing, approval criteria, and development regulations of signs within the Port Orchard Municipal Limits. WHEREAS, the City Council has undertaken a review and amend the sections of the Port Orchard Municipal Code Sections 16.o8 and Sections 16.65 in order to adequately address the effects of any new impacts upon the citizens of Port Orchard and to protect the health, safety, and welfare of the community as required; and WHEREAS, the planning department interprets the City's Sign Regulations as prohibiting billboards whenever "off premises signs" are not permitted; and WHEREAS, the staff has advised the City Council that members of the public have expressed disagreement with the City staffs code interpretation; and WHEREAS, the City Council wishes to confirm the staffs code interpretation and declares that the Code as it currently exists prohibits billboards when the billboard also meets the definition of off -premises signs and are otherwise prohibited by the City's zoning code; and WHEREAS, the City Council wishes to ensure that there is no further confusion by the public and has therefore directed staff to remove all references to billboards within the City Code; and WHEREAS, the Planning Commission held a meeting on June 21, 2010, which was properly noticed and open to the public, to review a proposed amendment to the sign code under Port Orchard Municipal Code Sections 16.o8 Definitions and 16.65 Signs.; and WHEREAS, at a meeting held June 21st, 2010 the Planning Commission reviewed the proposed Land Use Regulatory Code changes and provided the Council with its recommendation; and WHEREAS, after proper notice, the City Council held a public hearing, on June 22, 2010 and received comment from members of the public regarding the provisions of the proposed Port Orchard Municipal Code; and WHEREAS, after considering input from the Planning Commission and the public, the City Council finds that the 2010 Port Orchard Municipal Code updates to Section 16.o8 and Section 16.65 Ordinance No. oil-io Page 2 of 67 serves the public health, safety, and general welfare of the citizens of Port Orchard; and WHEREAS, the City Council also finds that the 2010 Port Orchard Municipal Code amendments are consistent with the goals and policies of the City's Comprehensive Plan and with the Growth Management Act, Chapter 36.7oA RCW; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. The Port Orchard Municipal Code Title 16, Chapter 16.08 is hereby amended as shown in Exhibit A attached hereto and incorporated by this reference SECTION 2. The Port Orchard Municipal Code Title 16, Chapter 16.65 is hereby amended as shown in Exhibit B attached hereto and incorporated by this reference. SECTION g. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION a. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 22nd day of June 2010. Lary Coppola, MAYOR ATTEST: Patricia J. Kirkpatrick, CMC, City APPROVED AS TO FORM: Sponsored by: City Attorney Fred Chang, Councilmember Ordinance No. on-io Page 3 of 67 EXHIBIT A Chapter 16.08 Definitions 16.08.001 "Definitions in general" All words used in the Land Use Regulatory Code shall have their common definition, as used in context, unless a specific definition is set forth herein, or in the International Building Code, as adopted. The definitions set forth in Chapter 16.08 shall control, followed by the definitions in the International Building Code, and finally, the common definition. (Ord. 046-07§2, 2007) 16.08.002 "Abandoned sign" shall mean: A sign that no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity, or for which no legal owner can be found. (Ord. 046-07§2, 2007) 16.08.004 "A -board sign" see "Sandwich board/sidewalk sign' (Ord. 046-07§2, 2007) 16.08.006 "Accessory use or structure" shall mean: A use or a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. (Ord. 046- 07§2, 2007) 16.08.008 "Accessory use - commerciat/industrial" shall mean: (1) A use that is subordinate and incidental to a commercial or industrial use; including, but not limited to employee exercise facilities, employee food service facilities, incidental storage of raw materials and finished products sold or manufactured on -site, and business owner or caretaker residence. (2) Certain commercial/industrial accessory uses may be specifically defined in order for them to be subject to special approval conditions. (Ord. 046-07§2, 2007) 16.08.010 "Accessory use — residential' shall mean: (1) A use, structure, or activity that is subordinate and incidental to a residence including, but not limited to, the following: Fallout/bomb shelters, keeping household pets provided the number, location, type or other characteristic does not adversely affect public health conditions and is not accomplished for a commercial purpose as in a kennel, cattery, or stable, private gardens, pea - patch farms, fish and wildlife ponds, on -site rental office, pools, private docks, piers, antennae or satellite dish for private telecommunication services, storage of yard maintenance equipment, or storage of private vehicles such as motor vehicles, boats, or planes. (2) Certain residential accessory uses may be specifically defined in order for them to be subject to special approval conditions. (Ord. 046-07§2, 2007) 16.08.012 "Accessory use - resource agricultural' shall mean: (1) A use, structure, or part of a structure, that is customarily subordinate and incidental Ordinance No. oil-io Page 4 of 67 to an agricultural resource use including, but not limited to the housing of agricultural workers, or storage of agricultural products or equipment used on -site. (2) Certain resource agricultural accessory uses may be specifically defined in order for them to be subject to special approval conditions. (Ord. 046-07§2, 2007) 16.08.014 "Act — GMA" shall mean: Growth Management Act (GMA), Chapter 36.70A RCW. (Ord. 046-07§2, 2007) 16.08.015 "Adequate" shall mean: For purposes of concurrency at or above level of service standards specified in the currently adopted Comprehensive Plan. (Ord. 046-07§2, 2007) 16.08.016 "Adjacent" shall mean: For purposes of critical areas, within 500 feet of a critical area. (Ord. 046-07§2, 2007) 16.08.018 "Adult entertainment merchandise" shall mean: Items designed or marketed for use in conjunction with "specified sexual activities". (Ord. 046-07§2, 2007) 16.08.020 "Adult entertainment facility" shall mean: (1) 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 fifty percent (50%) or more of gross revenue generated or total volume of shelf space and display area whichever is more restrictive. (2) Any building or portion of a building which contains any exhibition or dance or other live entertainment, performance, or activity distinguished or characterized by emphasis on the depiction, simulation or relation to "specified sexual activities" as defined in POMC 16.08.726 for observation by patrons therein. Examples of such establishments include, but are not limited to, establishments offering peep shows, and/or topless or nude dancing. (Ord. 046-07§2, 2007) 16.08.022 "Aggrieved person" shall mean: (1) The applicant and the owner of property to which the land use decision is directed; or (2) Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: (a) The land use decision has prejudiced or is likely to prejudice that person; 1) That person's asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision; (c) A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision; and (d) The petitioner has exhausted his or her administrative remedies to the extent required by law. (Ord. 046-07§2, 2007) Ordinance No. oil-io Page 5 of 67 16.08.024 " Agricultural crop sales" shall mean: The retail sale of fresh fruits, vegetables, flowers, and other products grown on -site. This use is frequently found in roadside stands or self -pick establishments and includes uses located in SIC major group and industry group numbers: 01-Agricultural production - crops, and (2) 543-Fruit and vegetable stands. (Ord. 046-07§2, 2007) 16.08.026 " Agricultural processing" shall mean: Preparing harvested crops or products of animal or poultry husbandry for marketing, transportation or further processing including but not limited to SIC industry numbers: (1) 0214-Goat milk production, wool production, etc; and (2) 0241-Dairy farms and similar activities. (Ord. 046-07§2, 2007) 16.08.028 "Agricultural products" shall mean: Items resulting from the practice of agriculture, including crops such as flowers, fruits, vegetables, grains, seed, feed, and plants, or animal products such as eggs, milk, and meat, or animal byproducts such as fertilizer. (Ord. 046-07§2, 2007) 16.08.030 "Aircraft, ship, boat building, and repair" shall mean: The fabrication and/or assembling of aircraft, ships or boats, and including uses located in SIC industry group numbers: 372-Aircraft and parts, and (2) 373-Ship and boat building and repair. (Ord. 046-07§2, 2007) 16.08.032 "Airport/heliport" shall mean: Any runway, landing area or other facility which is designed to be used by both public carriers and/or private aircraft for the landing and taking off of aircraft, including: (1) Taxiways, (2) Aircraft storage and tie -down areas, (3) Hangars, (4) Servicing, and (5) Passenger and air freight terminals. (Ord. 046-07§2, 2007). 16.08.034 "Alley" shall mean: A public or private access way, either unimproved or improved, which provides a secondary means of vehicular access to abutting property. Alley width shall be considered the distance between the alley right-of-way lines. (Ord. 046-07§2, 2007). 16.08.036 "Alteration" shall mean: (1) A change or rearrangement of the structural parts or exit facilities, or an enlargement by extending the sides or increasing the height or depth, or the moving from one location to another. (2) Any human -induced action which adversely impacts the existing condition of a critical area. Alterations include but are not limited to grading, filling, dredging, draining, channelizing, cutting, pruning, limbing or topping, clearing, relocating, or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants excepting stormwater; grazing domestic animals; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that adversely impacts the existing vegetation, hydrology, wildlife or wildlife habitat. Alteration does not include walking, passive recreation, fishing or other similar activities. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 6 of 67 16.08.038 "Amusement arcades" shall mean: A building or part of a building in which a total of 5 or more pinball machines, video games, or other such player -operator amusement devices in total (excluding juke boxes or gambling -related machines) are operated as a commercial activity. (Ord. 046-07§2, 2007). 16.08.040 "Animal - small' shall mean: Animals, other than livestock or animals considered predatory or wild, which are kept outside a dwelling unit all or part of the time. Animals considered predatory or wild shall be considered small animals when they are taken into captivity for the purposes of breeding, domestication, training, hunting or exhibition. (Ord. 046-07§2, 2007). 16.08.042 "Appeal' shall mean: To seek review of a decision or determination from a higher authority. An appeal may be from a staff decision or determination to the examiner; or from an examiner decision to the City Council; or from a City Council decision to the Superior Court or other court of competent jurisdiction. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 7 of 67 16.08.044 "Appellant" shall mean: The person who files an appeal from a decision of an administrative official, the hearing examiner; or the City Council. Only a "party," "party of record," or "aggrieved person" as defined herein has standing to become an appellant. (Ord. 046-07§2, 2007). 16.08.048 "Applicant" shall mean: The property owner, or his designated agent, applying to the City for a permit or other regulatory approval under the provisions of the Land Use Regulatory Code. (Ord. 046-07§2, 2007). 16.08.050 "Application" shall mean: A completed application. An application is complete when all applicable filing requirements are met, appropriate fees have been paid, and a determination of completeness has been issued by the Department. See section 16.06.050 for further requirements. (Ord. 046-07§2, 2007). 16.08.056 "As-builts" shall mean: Drawings stamped and signed by a professional engineer that are in a format acceptable to the City which show the exact location, size, and dimensions of street and utilities that have been installed, and if applicable, the location of the building footprint. (Ord. 046-07§2, 2007). 16.08.058 "Auction house" shall mean: An establishment where the property of others is sold by a broker or auctioneer to persons who attend scheduled sales periods or events. (Ord. 046-07§2, 2007). 16.08.060 "Automobile - service station' shall mean: (1) Any building, and the lot on which it is located, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and for the minor servicing of motor vehicles. (2) Gasoline service stations primarily engaged in selling gasoline and lubricating oils; frequently sell other merchandise, such as tires, batteries, and other automobile parts, or perform minor repair work. Classified by the principal use when combined with other activities, such as grocery stores, convenience stores, or carwashes. (Ord. 046-07§2, 2007). 16.08.061 "Awning" shall mean: An architectural projection for a building that is wholly supported by the building to which it is attached and comprised of a lightweight rigid skeleton structure over which a covering is attached. (Ord. 046-07§2, 2007). 16.08.062 "Awning sign" shall mean: The use of an awning attached to a building for advertisement, identification, or promotional purposes; provided that only that portion of the awning which bears graphics, symbols and/or written copy shall be construed as being a sign. (Ord. 046- 07§2, 2007). 16.08.064 "Basal area" shall mean: The total area of the horizontal cross-section of a tree as measured at a specified height above grade. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 8 of 67 16.08.066 "Bed and breakfasts" shall mean: An owner -occupied dwelling or accessory building within which no more than 7 bedrooms are available for paying guests on a daily basis. (Ord. 046-07§2, 2007). 16.08.068 "Billboard" shall mean: an outdoor advertising sign or poster panel which advertises products, businesses, and/or serves not connected with the site on which the sign is located. And which are cumomarily leased for commercial purposes. 16.08.070 "Biologist" shall mean: A person who has earned a degree in biological sciences from an accredited college or university, or a person who has equivalent education training and has experience as a practicing biologist. (Ord. 046-07§2, 2007). 16.08.072 "Block" shall mean: A group of lots, tracts, or parcels within well-defined and fixed boundaries. (Ord. 046-07§2, 2007). 16.08.074 "Book, Stationery, Video, and Art Supply Store" shall mean: An establishment engaged in the retail sale of books and magazines, stationery, video, and art supplies, including uses located in SIC industry numbers: (1) 5942-Book stores, (2) 5943-Stationery stores, (3) 5999-Architectural supplies and artists' supply and materials stores, and (4) 7841-Video tape rental. (Ord. 046-07§2, 2007). 16.08.076 "Board" shall mean: The Design Review Board ("DRB") which reviews development applications in the Downtown Overlay District and makes recommendations to the DevelopmentDirector or designee. Also see POMC Chapter 2.76. (Ord. 046-07§2, 2007). 16.08.078 "Bond" shall mean: A form of security provided by a bonding company in an amount and form satisfactory to the City Attorney, intended to insure that required improvements are installed and/or maintained. (Ord. 046-07§2, 2007). 16.08.080 "Boundary line adjustment' shall mean: An adjustment of property lines made for the purpose of adjusting boundary lines which does not create any additional lot, tract, parcel, site, or division, nor create any lot tract, parcel, site or division which contains insufficient area and dimensions to meet minimum requirements of the zoning, building, and other applicable ordinances as further defined by RCW 58.17.040(6). (Ord. 046-07§2, 2007). 16.08.082 "Building" shall mean: Any structure used or intended for supporting or sheltering any use or occupancy. (Ord. 046-07§2, 2007). 16.08.084 `Building area" shall mean: The area included within the surrounding interior walls of a building or portion thereof, exclusive of courts. (Ord. 046-07§2, 2007). Ordinance No. oil-10 Page 9 of 67 16.08.086 "Building coverage" shall mean: Area of a lot that is covered by the total horizontal surface area of the roof of a building. (Ord. 046-07§2, 2007). 16.08.088 "Building envelope" shall mean: Area of a lot that delineates the limits of where a building may be placed on the lot. (Ord. 046-07§2, 2007). 16.08.090 "Building fagade" shall mean: That portion of any exterior elevation of a building extending from the grade of the building to the top of the parapet wall or eaves, for the entire width of the building elevation. (Ord. 046-07§2, 2007). 16.08.092 "Building, hardware, and garden materials store" shall mean: An establishment engaged in selling lumber and other building materials, feed, and lawn and garden supplies; including, but not limited to uses located in SIC major group number 52-Building materials, hardware, garden supply, excluding mobile home dealers. (Ord. 046-07§2, 2007). 16.08.094 `Building height' shall mean: Except when otherwise noted in the in the tables or charts, under Chapter 16.40 POMC, the vertical height or distance from the uphill elevation of the lower of either the existing or finished grade at the foundation or slab to the highest point of the roof of the building. If the uphill elevation line is not level, the average uphill elevation shall be the basis for the measurement. 16.08.096 "Building official" shall mean: The City Employee designated as the Building Official, or the consultant to the City who has been designated by contract as the Building Official. (Ord. 046-07§2, 2007). 16.08.098 "Building permit' shall mean: The permit required for new construction and additions pursuant to Title 15 of the Port Orchard Municipal Code (POMC). The term "building permit', as used herein, shall not be deemed to include: permits required for temporary dwellings, permits required for remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in the applicable unit of measure (for non-residential construction) or number of dwelling units (for residential construction) resulting there from. (Ord. 046-07§2, 2007). 16.08.100 "Building setback" shall mean: A line which establishes a definite point beyond which any vertical feature shall not extend unless authorized by POMC 16.40.120. (Ord. 046-07§2, 2007). 16.08.102 "Buffer" shall mean: A designated area adjacent to and a part of a steep slope or landslide hazard area which protects slope stability, attenuation of surface water flows and landslide hazards to the extent reasonably necessary to minimize risk to the critical areas, the site, and adjacent properties; or a designated area adjacent to and apart of a stream or wetland that is an integral part of Ordinance No. on-10 Page to of 67 the stream or wetland ecosystem. (Ord. 046-07§2, 2007). 16.08.104 "Bulk retail" shall mean: An establishment offering the sale of bulk goods to the general public, including limited sales to wholesale customers. These establishments may include a variety of lines of merchandise including food, building, hardware and garden materials, dry goods, apparel and accessories, home furnishings, housewares, drugs, auto supplies, hobby, toys, games, photographic, and electronics. (Ord. 046-07§2, 2007). 16.08.106 'Business or occupation of outdoor advertising" shall mean: The business of renting or selling space by the owner of any billboard or outdoor advertising structure to any other party for a valuable consideration. (Ord. 046-07§2, 2007). 16.08.108 "Campground" shall mean: An area of land on which accommodations for temporary occupancy such as tents or recreational vehicles without hook-up facilities are permitted and which is used primarily for recreational purposes on an extended basis over a season or year- round and/or as a commercial activity. (Ord. 046-07§2, 2007). 16.08.110 "Canopy - vegetation" shall mean: The highest layer of vegetation within a forest community. For "Building Canopy" see "Marquee," 16.08.458. (Ord. 046-07§2, 2007). 16.08.112 "Capacity - residential holding" shall mean: The number of dwelling units and persons per dwelling unit that a property, site, neighborhood or other area can accommodate at full or built -out use, as allowed by this code. (Ord. 046-07§2, 2007). 16.08.114 "Capital facilities" shall mean: The facilities or improvements included in the City of Port Orchard Capital Facilities Plan. (Ord. 046-07§2, 2007). 16.08.116 "Capital facilities plan" shall mean: The City of Port Orchard Capital Facilities Plan element and the transportation element of the comprehensive plan adopted pursuant to the Revised Code of Washington (RCW) Chapters 36.70A and 35.63, or any amendments thereof. (Ord. 046- 07§2, 2007). 16.08.118 "Cattery" shall mean: A place where adult cats are temporarily boarded for compensation, whether or not for training. An adult cat is of either sex, altered or unaltered, that has reached the age of 6 months. (Ord. 046-07§2, 2007). 16.08.120 "Cemetery, columbarium or mausoleum" shall mean: Land or structures used for burial of the dead. For purposes of this code, pet cemeteries are considered a sub -classification of this use. (Ord. 046-07§2, 2007). 16.08.122 "Changeable copy sign" shall mean: A sign whose information content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by Ordinance No, on-ro Page a of 67 manual or electric means. A sign on which the message changes more than eight times within a day is considered an electronic message sign. (Ord. 046-07§2, 2007). 16.08.124 "Church, synagogue or temple" shall mean: A place where religious services are conducted, and including accessory uses in the primary or accessory buildings such as religious education, reading rooms, assembly rooms, and residences for nuns and clergy, but excluding facilities for training of religious orders; including uses located in SIC industry number 866. (Ord. 046-07§2, 2007). 16.08.126 "City" shall mean: The City of Port Orchard, Washington, and all the territory within its existing and future corporate limits. (Ord. 046-07§2, 2007). 16.08.128 "City Clerk" shall mean: The City employee appointed to that position in accordance with the provisions of POMC Title 2. (Ord. 046-07§2, 2007). 16.08.130 "City Engineer" shall mean: The City employee appointed to that position in accordance with the provisions of POMC Title 2. (Ord. 046-07§2, 2007). 16.08.132 "Clearance of a sign" shall mean: The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade. (Ord. 046-07§2, 2007). 16.08.134 "Clearing" shall mean: The limbing, pruning, trimming, topping, cutting or removal of duff vegetation or other organic matter by physical, mechanical, chemical or other means prior to a site development. (Ord. 046-07§2, 2007). 16.08.136 "Clinic" see "health services" (Ord. 046-07§2, 2007) 16.08.138 "Closed record appeal' shall be as defined in 16.08.350. (Ord. 046-07§2, 2007). 16.08.140 "Commission' shall mean: The Planning Commission of the City of Port Orchard. (Ord. 046-07§2, 2007). 16.08.142 "Communication facility — major" shall mean: A communication facility for transmission and reception of: (1) UHF and VHF television signals, (2) FM or AM radio signals, or (3) Cellular radio signals. (Ord. 046-07§2, 2007). 16.08.144 "Communication facility — minor" shall mean: A communication facility for transmission and reception of two-way and/or citizen band ("CB") radio signals; point-to-point microwave signals; signals through FM radio translators, or signals through FM radio boosters under Ordinance No. oil-ro Page 12 of 67 10 volts effective radiated power. (Ord. 046-07§2, 2007). 16.08.146 "Community park" shall mean: Those parks, trails, or recreation improvements, designated in the City of Port Orchard parks and recreation plan and/or capital facilities plan. (Ord. 046-07§2, 2007). 16.08.148 "Community residential facility (CRF)" shall mean: Living quarters meeting applicable federal and state standards that function as a single housekeeping unit and provide supportive services for a group of individuals comprising more than a family (8 or more individuals excluding staff), including but not limited to counseling, rehabilitation, and medical supervision, including drug and alcohol detoxification but excluding prisoner release participants. (Ord. 046- 07§2, 2007). 16.08.150 "Community Residential Facility (CRF - prisoner release)" shall mean: Living quarters meeting applicable federal and state standards that function as a single housekeeping unit and provide supportive services for a group of individuals comprising more than a family (8 or more individuals excluding staff), including but not limited to counseling, rehabilitation, and medical supervision, excluding drug and alcohol detoxification, specifically for prisoner release participants and programs such as half -way houses. (Ord. 046-07§2, 2007). 16.08.151 "Complete application" see definitions of "Application" and POMC 16.06.050 (Ord. 046-07§2, 2007) 16.08.152 "Comprehensive plan" shall mean: Policies and proposals adopted by the Council pursuant to RCW Chapters 36.70A and 35.63 to guide the development of the City and to promote the general welfare. (Ord. 046-07§2, 2007). 16.08.154 "Comprehensive design plan" shall mean: The integration into one architectural design of the building, landscaping, and signs. (Ord. 046-07§2, 2007). 16.08.156 "Concomitant agreement' shall mean: A contract duly executed and legally binding between the City and the property owner that is made in conjunction with Council action. (Ord. 046- 07§2, 2007). 16.08.157 (1) "Concurrency" shall mean: Adequate public facilities meeting they level of service standards set forth in the Comprehensive Plan are in place at the time a development permit is issued, or when a development permit is issued subject to the determination that the necessary facilities will be in place when the impacts of the development occur, or when improvements or strategies are in place at the time of development, or when a financial commitment is in place to complete the improvements or strategies within six years of the time of the development, as set forth in the Comprehensive Plan. (2) "Concurrency certificate" shall mean: The certificate issued by the City Engineer Ordinance No. on-ro Page 13 of 67 that confirms concurrency has been met for a specified development or development activity, based upon the completion of any listed improvements, and setting forth the length of time for which the Certificate will remain valid. Such certificate, for development activity for which connection to the public water, sanitary sewer, or storm sewer systems is required, shall also specify the volume of capacity that is available and reserved for use by the development or development activity specified in the certificate, and the duration of the reservation of capacity within the City" s utility system. (3) "Concurrency management System" shall mean: The procedures and processes utilized by the City to determine that development approvals, when issued, will not result in the reduction of the level of service standards set forth in the Comprehensive Plan. (Ord. 046-07§2, 2007). 16.08.158 "Conditional use" shall mean: A use similar to the allowed uses in a given zone but permitted only after review by the Hearing Examiner, or the City Council as the case may be, and the granting of a conditional use permit imposing such performance standards as are necessary to make the use compatible with other allowed uses in the same vicinity and zone. In the case of an administrative conditional use permit, the granting authority shall be the Development Director. (Ord. 046-07§2, 2007). 16.08.160 "Conditional use permit" shall mean: The documented evidence of authority granted by the City to locate a conditional use at a particular location. (Ord. 046-07§2, 2007). 16.08.161 "Conditional use permit -Administrative" shall mean: The documented evidence of authority granted by the City Development Director to locate a conditional use at a particular location. 16.08.162 "Conference center" shall mean: An establishment developed primarily as a meeting facility, including facilities for recreation, overnight lodging, and related activities provided for conference participants. (Ord. 046-07§2, 2007). 16.08.164 "Construction — new" shall mean: Structures for which the start of construction commenced on or after the effective date of this code and preceding ordinances. (Ord. 046-07§2, 2007). 16.08.166 "Construction — start of" shall mean: Includes substantial improvement, and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the Ordinance No. oil-ro Page 14 of 67 installation on the property of accessory buildings, such as garages or sheds not occupied as dwellings units or not part of the main structure. (Ord. 046-07§2, 2007). 16.08.168 "Cottage industry" see "home (cottage) industry" (Ord. 046-07§2, 2007) 16.08.170 "Council" or City Council shall mean: The City Council of the City of Port Orchard. (Ord. 046-07§2, 2007). 16.08.172 "Courtyard" shall mean: A space, open and unobstructed to the sky, located at or about grade level on a lot and bounded on 3 or more sides by walls of a building. (Ord. 046-07§2, 2007). 16.08.174 "Coverage — building" shall mean: The percentage of the area of a lot which is built upon or used for structural purposes. (Ord. 046-07§2, 2007). 16.08.175 "Coverage — site" shall mean: The percentage of the area of a lot or site that is built upon or covered over with impervious materials. (Ord. 046-07§2, 2007). 16.08.176 "Critical areas" shall mean: Any of those areas in the City which are subject to natural hazards or those lands with features which support unique, fragile, or valuable natural resources including fish, wildlife, and other organism and their habitat and such resources which, in their natural state carry, hold or purify water. Critical areas include the following landform features: erosion hazard areas, landslide hazard areas, seismic hazard areas, steep slop hazard areas, wetlands, streams, flood hazard areas, fish and wildlife habitat conservation areas, areas with a critical recharging effect on aquifers used for potable water, and the adjoining protective buffers necessary to protect the public health, safety and welfare. (Ord. 046-07§2, 2007). 16.08.177 "Critical area setback" shall mean: The areas delineated on a development site proposal for a building permit or grading and clearing permit which contains wetlands, streams, steep slopes hazard areas, landslide hazard areas, and required buffers. (Ord. 046-07§2, 2007). 16.08.178 "Critical facilities" shall mean: Those facilities necessary to protect the public health, safety, and welfare which are defined under the occupancy categories of Essential Facilities, Hazardous Facilities and Special Occupancy Structures in the Uniform Building Code, Table Number 23-K (1988). These facilities include but are not limited to schools, hospitals, police stations, fire departments, and other emergency response facilities, and nursing homes. Critical facilities also include sites of hazardous materials storage or production. (Ord. 046-07§2, 2007). 16.08.180 "Cut de sac" shall mean: A road closed at one end by a circular area of sufficient size for turning large emergency response vehicles. (Ord. 046-07§2, 2007). 16.08.182 "Custodian residential unit" see "accessory use - commercial' (Ord. 046-07§2, 2007) Ordinance No. oil-io Page ig of 67 16.08.184 "Daycare" shall mean: An establishment for group care of non-resident adult or children. Daycare shall include, but not be limited to, SIC industry number 835-Child daycare services, SIC industry number 8322-Adult daycare centers and the following: (1) Adult daycare, such as adult day health centers or social daycare as defined by the Washington State Department of Social & Health Services, (2) Nursery schools for children under minimum age for education in public schools, Privately conducted kindergartens or pre -kindergarten when not a part of a public or parochial school, and 2007). (4) Programs covering before and after -school care forschool children. (Ord.046-07§2, 16.08.186 "Dedication" shall mean: The appropriation of land by its owner for general or public use, reserving no special rights to themselves. The intention to dedicate by the owner shall be evidenced by the presenting for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit. (Ord. 046-07§2, 2007). 16.08.187 "Density" a. "Density (Gross)" Shall mean: The acreage of a lot or parcel multiplied by the stated permitted allowed units per acre. b. "Density (Net)' shall mean: The acreage of a lot or parcel minus critical areas multiplied by the density credits as described in POMC 16.40.060. 16.08.188 "Department' unless otherwise specified, shall mean: The Planning Department for the City of Port Orchard. (Ord. 046-07§2, 2007). 16.08.190 "Department and variety store" shall mean: An establishment engaged in the retail sale of a variety of lines of merchandise, such as dry goods, apparel and accessories, home furnishings, housewares, and including uses located in SIC major group and industry numbers: (1) 53-General merchandise, (2) 5947-Gift, novelty, and souvenir shops, and (3) 5948-Luggage and leather goods stores. (Ord. 046-07§2, 2007). 16.08.193 "Design Review Board" shall mean: The advisory board that makes design recommendations to the City Council on Downtown Overlay District applications; see POMC 16.20.229. (Ord. 046-07§2, 2007). 16.08.194 "Destination resort" shall mean: An establishment for resource -based recreation and intended to utilize outdoor recreational opportunities, including related services, which may include food, overnight lodging, equipment rentals, entertainment and other conveniences for guests of the resort. (Ord. 046-07§2, 2007). 16.08.196 "Developer" shall mean: The person or entity that owns or holds purchase options or other development control over property for which development activity is proposed. (Ord. 046- 07§2, 2007). Ordinance No. oii-io Page 16 of 67 16.08.198 "Development" shall mean: Any proposed land use, zoning or rezoning, comprehensive plan amendment, annexation, subdivision, short subdivision, planned residential development, building permit, binding site plan or any other action permitted or regulated by the Port Orchard Municipal Code that creates additional demand and need for public facilities. (Ord. 046-07§2, 2007). 16.08.200 "Development activity" shall mean: Any construction; site preparation; expansion of a building, structure, or use; any change in use of a building or structure; or any change in the use of land that creates additional demand and need for public facilities. (Ord. 046-07§2, 2007). 16.08.202 "Development agreement' shall mean: A recorded agreement between a development applicant and Port Orchard which incorporates the site plans, development standards, and other features of a development proposal, which agreement is executed and recorded as part of the a property -specific approval. (Ord. 046-07§2, 2007). 16.08.204 "Development approval authority" shall mean: The City official or tribunal having code authority to approve a development. (Ord. 046-07§2, 2007). 16.08.206 "Development approval' shall mean: Any written authorization from the City which authorizes the commencement of a development activity. (Ord. 046-07§2, 2007). 16.08.210 "Development site" shall mean: The legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from Port Orchard to carry out a development activity. (Ord. 046-07§2, 2007). 16.08.212 "Directional sign" shall mean: A single -faced or double-faced sign not exceeding two feet by three feet (six square feet) in surface area per side designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience on the premises upon which the sign is located, i.e., entrance and exit signs and/or other similarly worded signs when used for the sole purpose of controlling mobile and pedestrian traffic. (Ord. 046-07§2, 2007). 16.08.214 "Director" unless otherwise specified shall mean: The Development Director for the City of Port Orchard, or his or her designee. (Ord. 046-07§2, 2007). 16.08.216 "Dock" shall mean: A floating or fixed platform used as a landing place for marine transport or for recreational purposes, and attached to the shore or a fixed pier by a loosely coupled ramp. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 17 of 67 16.08.218 "Dormitory" shall mean: A residential building that provides sleeping quarters, but not separate dwelling units, and may include common dining, cooking, and recreation or bathing facilities. (Ord. 046-07§2, 2007). 16.08.220 "Double-faced sign" shall mean: A sign that also has advertising copy on the opposite side of a single display surface or sign structure. (Ord. 046-07§2, 2007). 16.08.222 "Downtown marquee" shall mean: The marquee located at the 700 and 800 blocks of Bay Street and adjacent streets and was constructed with funds from LID No. 65. (Ord. 046-07§2, 2007). 16.08.224 "Drop box facility" shall mean: A facility used for receiving solid waste and recyclable from off -site sources into detachable solid waste containers, including the adjacent areas necessary for entrance and exit roads, unloading, and vehicle turnaround areas. Drop box facilities normally service the general public with loose loads and may also include containers for separated recyclable. (Ord. 046-07§2, 2007). 16.08.226 "Drug store" shall mean: An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies, including uses located in SIC industry group and numbers: (1) 591-Drug stores and proprietary stores, (2) 5993-Tobacco stores and stands, and (3) 5999-Cosmetics stores. (Ord. 046-07§2, 2007). 16.08.228 "Dwelling unit" shall mean: One or more rooms designed for occupancy by a person or family for living and sleeping purposes, containing kitchen facilities, lavatory, and closet, and rooms with internal accessibility, for use solely by the dwelling's occupant; including but not limited to bachelor, efficiency, and studio apartments, modular, and manufactured homes. (Ord.046-07§2, 2007). 16.08.230 "Dwelling unit -accessory" shall mean: A separate, complete dwelling unit attached to or contained within the structure of the primary dwelling; or contained within a separate structure that is accessory to the primary dwelling unit on the premises. (Ord. 046-07§2, 2007). 16.08.232 "Dwelling unit- condominium" shall mean: A residential development or structure designed for common ownership by more than 1 family household that is built or developed in combination with other residential structures. Each dwelling unit in the development or structure is built exclusively for occupancy by a single family with separate utility services and no other uses except accessory activities. However, a portion of or all of the unit owners may share title and responsibilities for common property, site, and/or building improvements. Condominiums may be designed and developed about every type of residential structure including single family detached, single family attached, and multifamily. (Ord. 046-07§2, 2007). 16.08.234 "Dwelling unit - group: senior citizen assisted" shall mean: A building containing 2 or more dwelling units restricted to occupancy by senior citizens, and including, but not limited to the following support services: food preparation and dining areas; group activity areas; medical supervision; attendant staff living quarters; and similar activities. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 18 of 67 16.08.236 "Dwelling unit- manufactured home" shall mean: A single family residence constructed in accordance with the US Department of Housing & Urban Development (HUD) requirements for manufactured housing and bearing the appropriate insignia indicating such compliance. Such structures shall meet the following requirements: (1) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; and (2) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and (3) Has exterior siding similar in appearance to siding materials commonly used on conventional site -built Uniform Building Code single-family residences (no bare or painted metal); and (4) Must be permanently installed and affixed to a foundation system in accordance with the Washington Administrative Code 296-150B as administered by the State Department of Labor & Industries. Such installations shall include approved connections to all appropriate utilities; and (5) Must meet the thermal equivalent of not less than the State Energy Code and therefore be classified as a "Super Good Sense Home". (Ord. 046-07§2, 2007). 16.08.238 "Dwelling unit - mobile home" shall mean: A single family residence transportable in one or more sections that are eight feet or more in width and thirty-two feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed after June 15, 1976. Mobile homes do not include recreational vehicles. (Ord. 046-07§2, 2007). 16.08.240 "Dwelling unit- modular home" shall mean: A structure constructed in a factory in accordance with the Uniform Building Code and bearing the appropriate insignia indicating such compliance. This definition includes "pre -fabricated", "panelized", and "factory built" homes. Such structures shall meet the following requirements: (1) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; and (2) Was originally constructed with and now has a composition orwood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and (3) Has exterior siding similar in appearance to siding materials commonly used on conventional site -built Uniform Building Code single-family residences (no bare or painted metal); and (4) Be permanently installed and affixed to a foundation system in accordance with the Washington Administrative Code 296-150B as administered by the State Department of Labor & Industries. Such installations shall include approved connections to all appropriate utilities. (Ord.046- 07§2, 2007). 16.08.242 "Dwelling unit - multifamily" shall mean: A residential structure designed for occupancy by more than 1 family household that is built in combination with other residential structures. Each dwelling unit in the structure is built exclusively for occupancy by a single family with no other uses except accessory activities. However, a multifamily structure may share 1 or more common walls and stack units on multiple floors. Multifamily residential structures may be clustered on a site, located on a lot line (zero -lot line), and include stacked multiplex, garden apartment, and other prototypes. (Ord. 046-07§2, 2007). Ordinance No. oil-10 Page 19 of 67 16.08.244 "Dwelling unit - mixed use" shall mean: A building containing 2 or more dwelling units which may be organized in stacked arrangements (multiple floors), or in buildings with nonresidential uses, such as a mixed use structure with retail, office or other uses on the ground or lower floors. (Ord. 046-07§2, 2007). 16.08.246 "Dwelling unit - single family attached" shall mean: A building containing I dwelling unit that occupies space from the ground to the roof, and is attached to 1 or more other townhouse dwellings by common walls which may be located on lot lines. May include buildings with a varying number of units that share one or more sidewalls such as patio house, atrium house, duplex, quadplex, and multiplex or townhouse. A duplex may be two stacked units. (Ord. 046-07§2, 2007). 16.08.248 "Dwelling unit - Single Family Detached" shall mean: A detached building containing 1 dwelling unit. The unit is built exclusively for occupancy by a single family with no other uses except accessory activities between the lowest or ground floor level and the upper level or roof. This includes stick -built, manufactured and modular homes. May be arranged in a variety of lot configurations including zero lot line, village, and cluster. (Ord. 046-07§2, 2007). 16.08.250 "Easement' shall mean: A right granted by the owner of land to another party for specific limited use of that land. (Ord. 046-07§2, 2007). 16.08.252 "Earth station - major" shall mean: A communication facility that transmits and/or receives signals to and from an orbiting satellite using satellite dish antennas that are larger than 12 feet in diameter. (Ord. 046-07§2, 2007). 16.08.254 "Energy resource recovery facility" shall mean: An establishment for recovery of energy in a usable form from mass burning or refuse -derived fuel incineration, pyrolysis or any other means of using the heat of combustion of solid waste. (Ord. 046-07§2, 2007). 16.08.256 "Elderly" shall mean: A person aged 62 1 /2 or older. (Ord. 046-07§2, 2007). 16.08.258 "Electrical conversion substation" shall mean: A site containing equipment for the conversion of high voltage electrical power transported through transmission lines into lower voltages transported through distribution lines and suitable for individual users. (Ord. 046-07§2, 2007). 16.08.260 "Electrical sign" shall mean: A sign structure in which electrical wiring, connections, or fixtures are used. (Ord. 046-07§2, 2007). 16.08.262 "Electronic message sign" shall mean: A sign designed to allow changes in the sign graphics electronically. Message must remain visible for five seconds before a new message appears. (Ord. 046-07§2, 2007). 16.08.264 "Engineering drawings" shall mean: Diagrams that provide plans, profiles, and cross - sections of utilities and roads to be installed, prepared, and certified by a licensed civil engineer. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 20 of 67 16.08.266 "Enhancement' shall mean: An action which increases the functions and values of a stream, wetland or other critical area or buffer. (Ord. 046-07§2, 2007). 16.08.268 "Entryway sign" shall mean: A City -owned sign designed to advertise the City and aspects of the City, to include, but not be limited to, public buildings, activities, and businesses. (Ord. 046-07§2, 2007). 16.08.270 "Equipment - heavy" shall mean: High -capacity mechanical devices for moving earth or other materials, and mobile power units including, but not limited to: (1) Carryalls, (2) Graders, (3) Loading and unloading devices, (4) Cranes, (5) Drag lines, (6) Trench diggers, (7) Tractors, (8) Augers, (9) Bulldozers, (10) Concrete mixers and conveyers, (11) Harvesters, (12) Combines, or (13) Other major agricultural equipment and similar devices operated by mechanical power as distinguished from manpower. (Ord. 046-07§2, 2007). 16.08.272 "Equipment - light' shall mean: Such construction machinery as chain saws, wheelbarrows, post -hold diggers and all hand-held tools. (Ord. 046-07§2, 2007). 16.08.274 "Erosion" shall mean: The process by which soil particles are mobilized and transported by natural agents such as wind, rain splash, frost action or surface water flow. (Ord. 046- 07§2, 2007). 16.08.276 "Evergreen" shall mean: A plant species with foliage that persists and remains green year round. (Ord. 046-07§2, 2007). 16.08.278 "Evidence" shall mean: Testimony, exhibits, reports, maps, correspondence, and other documents that are admitted into the official record during an open record hearing. See also, "New evidence," herein. (Ord. 046-07§2, 2007). 16.08.280 "Examiner" shall mean: The regular hearing examiner or hearing examiner pro tem of the City of Port Orchard. (Ord. 046-07§2, 2007). 16.08.281 "Exempt development' shall mean: For purposes of concurrency, a proposed development or development activity that has been determined by standards adopted in the Land Use Code to be of such a low intensity as to have a de minimis effect upon the level of service standards set forth in the Comprehensive Plan and thus no concurrency certificate is required. Any application which, if approved, will require the connection to the public water, sanitary sewer, or storm water system must obtain a Concurrency Certificate as a condition of approval. Any application, the approval of which will result in development generating less than 12 average daily Ordinance No. oil-io Page a of 67 trips shall be deemed exempt from obtaining a Concurrency Certificate for transportation. (Ord. 046-07§2, 2007). 16.08.282 "Fabric shop" shall mean: An establishment engaged in the retail of sewing supplies and accessories, including uses located in SIC industry numbers: (1) 5949-Sewing, needlework, and piece goods stores, and (2) Awning shops, banner shops, and flag shops found in 5999. (Ord. 046-07§2, 2007). 16.08.284 "Facade" shall mean: The entire building front or street wall face, including grade, to the top of the parapet or eaves and the entire width of the building elevation. (Ord. 046-07§2, 2007). 16.08.286 "Fairground" shall mean: A site permanently designated and improved for holding a county fair, as provided in RCW Chapters 15.76 and 36.37, or for holding similar events, including but not limited to: (1) Carnivals, (2) Circuses, (3) Expositions, (4) Animal shows, and (5) Exhibitions and/or demonstrations of farm and home products with accompanying entertainment and amusements. (Ord. 046-07§2, 2007). 16.08.288 "Factory -built commercial building" shall mean: Any structure that is either entirely or substantially prefabricated or assembled at a place other than a building site; and designed or used for nonresidential human occupancy. (Ord. 046-07§2, 2007). 16.08.290 "Family" shall mean: An individual; 2 or more persons related by blood or marriage; a group of 8 or fewer residents, who are not related by blood or marriage, living together as a single housekeeping unit; For purposes of this definition, minors living with parents shall not be counted as part of the maximum number of residents. (Ord. 046-07§2, 2007). 16.08.292 "Family - foster" shall mean: A family wherein 1 or more individuals is provided with room, board, ordinary care, and supervision in a family environment, and where the parent/operator is licensed by the State and is not legally related to the individuals supervised. (Ord. 046-07§2, 2007). 16.08.293 "Fee" or "filing fee" shall mean: The fee for filing an application, as said fee is established annually by resolution of the City Council. Unless otherwise indicated, all fees must be paid at the time the application is submitted to the City. (Ord. 046-07§2, 2007). 16.08.294 "Feed store" shall mean: An establishment engaged in retail sale of supplies directly related to the day to day activities of agricultural production. (Ord. 046-07§2, 2007). 16.08.296 "Fence" shall mean: A barrier for the purpose of enclosing space or separating lots, composed of: Wood, metal or concrete posts connected by boards, rails, panels, wire, mesh, masonry, or concrete -- excluding retaining walls (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 22 of 67 16.08.293 "Final action" shall mean: The official action of a City official, hearing examiner, or City Council, for which there is no further appeal opportunity within the City government. (Ord. 046- 07§2, 2007). 16.08.298 "Flashing sign" shall mean: A sign or a portion thereof which changes light intensity or switches on and off in a constant, random, or irregular pattern or contains motion or the optical illusion of motion by use of electrical energy. Electronic message signs shall not be considered flashing signs. (Ord. 046-07§2, 2007). 16.08.300 "Floor - lowest' shall mean: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this code. (Ord. 046-07§2, 2007). 16.08.302 "Florist shop" shall mean: An establishment engaged in the retail sale of flowers and plants, including uses located in SIC industry numbers: (1) 5992-Florists, and (2) 5999-Artificial flowers. (Ord. 046-07§2, 2007). 16.08.304 "Forest land" shall mean: Land devoted primarily to growing and harvesting forest and timber products and designated as a forest production district. (Ord. 046-07§2, 2007). 16.08.306 "Forest practice" shall mean: Any activity regulated by the Washington State Department of Natural Resources in Washington Administrative Code (WAC) 222 or the Revised Code of Washington (RCW) 79.06 for which a forest practice permit is required, together with: (1) Fire prevention, detection, and suppression; and (2) Slash burning or removal. (Ord. 046-07§2, 2007). 16.08.308 "Forest product sales" shall mean: The sale of goods produced, extracted, consumed, gathered or harvested from a forest including, but not limited to: (1) Trees, (2) Logs, (3) Fuel wood, (4) Cones, (5) Christmas trees, (6) Berries, (7) Herbs, or (8) Mushrooms. (Ord. 046-07§2, 2007). 16.08.310 "Forest research" shall mean: The performance of scientific studies relating to botany, hydrology, silviculture, biology, and other branches of science in relation to management of forest lands, including but not limited to SIC industry numbers: (1) 8731-Commercial physical and biological research, (2) 8733-Noncommercial research organizations, and (3) 8734-Testing laboratories. (Ord. 046-07§2, 2007). Ordinance No. oil-ro Page 23 of 67 16.08.312 "Freestanding sign" shall mean: A permanent pole, ground, or monument sign attached to the ground and supported by uprights or braces placed on or in the ground and not attached to any building. (Ord. 046-07§2, 2007). 16.08.314 "Furniture and home furnishings store" shall mean: An establishment engaged in the retail sale of household furniture and furnishings for the home including uses located in SIC major group and industry numbers: 57-Home furniture, furnishings, and equipment stores. (Ord. 046-07§2, 2007). 16.08.316 "Gas station price sign" shall mean: A sign advertising the price of motor fuel and contains no other business or product advertising other than the business logo. (Ord.046-07§2, 2007). 16.08.318 "General business service" shall mean: An establishment engaged in providing services to businesses or individuals, with no outdoor storage or fabrication, including uses located in SIC major group numbers: (1) 60-Depository institutions, (2) 61-Nondepository credit institutions, (3) 62-Security and commodity brokers, dealers, exchanges, and services, (4) 653-Real estate agents and managers, (5) 7299-Miscellaneous personal services, not elsewhere classified, (6) 73-Business services, except industry group and industry numbers 7312-Outdoor advertising services, (7) 35-Miscellaneous equipment rental and leasing, and (8) 86-Membership organizations, including administrative offices of organized religions found in 8661, but excluding churches and places of worship. (Ord. 046-07§2, 2007). 16.08.320 "Geologist' shall mean: A person who has earned a degree in geology from an accredited college or university, or a person who has equivalent educational training and has at least 4 years of professional experience as a practicing geologist. (Ord. 046-07§2, 2007). 16.08.322 "Geotechnical engineer" shall mean A practicing geotechnical/civil engineer licensed as a professional civil engineer by the State of Washington who has at least 4 years of professional employment as a geotechnical engineer with experience in landslide evaluation. (Ord. 046-07§2, 2007). 16.08.324 "Growth Management Act-GMA" shall mean: The Growth Management Act (GMA), Chapter 17, Law of 1990, 1 st Extended Session, Revised Code of Washington (RCW) Chapter36.70A et sequitur, and Chapter 32 Laws of 1991, 1 st Special Session, Revised Code of Washington (RCW) 82.02.050 et sequitur, as now in existence or hereafter amended. (Ord. 046-07§2, 2007). 16.08.326 "Golf facility" shall mean: A recreational facility, under public or private ownership, designed and developed for uses including, but not limited to: (1) A golf course; (2) Driving range; (3) Pro shops; (4) Caddyshack buildings; (5) Restaurants; (6) Office and meeting rooms; and Ordinance No. oil-io Page 24 of 67 (7) Related storage facilities. (Ord. 046-07§2, 2007) 16.08.328 "Grading" shall mean: Any excavation, filling and/or removal of vegetation/ground cover typically done in preparation of site development or landscaping. (Ord. 046-07§2, 2007). 16.08.330 "Grazing area' shall mean: Any open land area used to pasture livestock in which forage is maintained at an average height of 3 inches over 80 percent of the area. (Ord. 046-07§2, 2007). 16.08.332 "Ground sign" shall mean: A freestanding sign that is less than five feet in height. (Ord. 046-07§2, 2007). 16.08.334 "Groundcover" shall mean: Living plants designed to grow low to the ground (generally 1 foot or less) and intended to stabilize soils and protect against erosion. (Ord. 046-07§2, 2007). 16.08.336 "Hazardous household substance" shall mean: A substance as defined in RCW 70.105.010. (Ord. 046-07§2, 2007). 16.08.338 "Hazardous waste" shall mean: All dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), or its successor, except for moderate risk waste as set forth in RCW 70.105.010(17), or its successor. (Ord. 046-07§2, 2007). 16.08.340 "Hazardous waste - storage" shall mean: The holding of hazardous waste for a temporary period, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC, or its successor. (Ord. 046-07§2, 2007). 16.08.342 "Hazardous waste - treatment" shall mean: The physical, chemical, or biological processing of hazardous waste for the purpose of rendering wastes non -dangerous or less dangerous, safer for transport, amenable for storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations Chapter 173-303 WAC or its successor. (Ord. 046-07§2, 2007). 16.08.344 "Hazardous waste - treatment and storage facility off -site" shall mean: Treatment and storage facilities that treat and store hazardous wastes generated on a property other than those on which the off -site facilities are located. (Ord. 046-07§2, 2007). 16.08.346 "Hazardous waste - treatment and storage facility on -site" shall mean: Treatment and storage facilities that treat and store hazardous wastes generated on the same property. (Ord.046- 07§2, 2007). 16.08.348 "Health services - clinic" shall mean: Establishments primarily engaged in furnishing medical, surgical, and other health services to persons. Establishments or associations or groups, such as Health Maintenance Organizations (HMOs), primarily engaged in providing medical or other health services to members are included except those which limit their services to insurance. Includes hospices, offices and clinics for doctors of medicine, dentists, doctors or osteopathy, chiropractors, optometrists, podiatrists, and health practitioners not classified elsewhere. (Ord. 046- 07§2, 2007). Ordinance No. oil-io Page 25 of 67 16.08.350 "Hearing" shall mean: One of the following meanings, as used in a particular context: (1) "Open record hearing" means a public hearing for the purpose of taking evidence through testimony and admission of exhibits, reports and other documents in order to make a recommendation or issue a decision on the matter that is the subject of the hearing. Such evidence, if admitted, will become part of the official record of the matter. An open -record hearing shall be conducted on an appeal if no other open record hearing has been previously held on the project permit. (2) "Open record pre -decision hearing' means a public hearing held prior to a decision on a matter, and for the purpose of a recommendation by the Hearing Examiner to the Council on the matter. No open record pre -decision hearings will be held on any matters relating to environmental review and decision -making where state law, pursuant to Ch. 43.21 C RCW and Ch. 36.70E RCW, as written or hereafter amended, requires appeals of environmental review to be considered together with the underlying governmental action and limits appeals of such matters to one open record hearing and one closed record review. (3) "Closed record public hearing" means a public hearing before the City Council following a open record pre -decision hearing, in which no new evidence is considered or allowed. Oral argument shall be permitted in favor or against the recommendation of the Hearing Examiner; however such oral arguments shall be strictly limited in accordance with this provision. (4) "Closed record appeal hearing" means a hearing held pursuant to POMC 2.76.150. 16.08.352 "Heavy equipment repair" shall mean: The repair and maintenance of self -powered, self-propelled or towed mechanical devices, and equipment and vehicles used for commercial purposes, excluding: (1) Automobiles, (2) Recreational vehicles, and (3) Boats and trailers, and including, but not limited to: (a) Tandem axle trucks, (b) Graders, (c) Backhoes, (d) Tractor trailers, (e) Cranes, and (f) Lifts. (Ord. 046-07§2, 2007). 16.08.354 "Helipad" shall mean: A landing area designed for the landing of helicopters, including associated parking, lighting, and related safety/security improvements. (Ord. 046-07§2, 2007). 16.08.356 "Hobby, toy, and game shops" shall mean: An establishment engaged in the retail sale of toys, games, hobby, and craft kits, including uses located in SIC industry numbers: (1) 5945-Hobby, toy, and game shops, and (2) 5999-Autograph and philatelist supply stores, coin shops, and stamps, philatelist -retail (except mail order). (Ord. 046-07§2, 2007). 16.08.358 "Home (cottage) industry" shall mean: A limited -scale activity undertaken for financial gain with some on -site service or sales or fabrication, which occurs in a dwelling unit or residential accessory building, or in a barn or other resource accessory building and is subordinate to the primary use of the premises as a residence or farm in accordance with the provisions of Chapter 16.38 POMC. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 26 of 67 16.08.360 "Home - manufactured" shall mean: A single family residence constructed in accordance with the US Department of Housing & Urban Development (HUD) requirements for manufactured housing and bearing the appropriate insignia indicating such compliance. Such structures shall meet the following requirements: (1) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; and (2) Was originally constructed with and now has a composition orwood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and (3) Has exterior siding similar in appearance to siding materials commonly used on conventional site -built Uniform Building Code single-family residences (no bare or painted metal); and (4) Must be permanently installed and affixed to a foundation system in accordance with the Washington Administrative Code 296-150B as administered by the State Department of Labor & Industries. Such installations shall include approved connections to all appropriate utilities; and (5) Must meet the thermal equivalent of not less than the State Energy Code and therefore be classified as a "Super Good Sense Home". (Ord. 046-07§2, 2007). 16.08.362 "Home - mobile" shall mean: A single family residence transportable in one or more sections that are eight feet or more in width and thirty-two feet or more in length, built on a permanent chassis, designed to be used as a permanent dwelling and constructed after June 15, 1976. Mobile homes do not include recreational vehicles. (Ord. 046-07§2, 2007). 16.08.364 "Home - modular" shall mean: A structure constructed in a factory in accordance with the Uniform Building Code and bearing the appropriate insignia indicating such compliance. This definition includes "pre -fabricated", "panelized", and "factory built' homes. Such structures shall meet the following requirements: (1) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; and (2) Was originally constructed with and now has a composition orwood shake or shingle, coated metal, or similar roof of not less than 3:12 pitch; and (3) Has exterior siding similar in appearance to siding materials commonly used on conventional site -built Uniform Building Code single-family residences (no bare or painted metal); and (4) Must be permanently installed and affixed to a foundation system in accordance with the Washington Administrative Code 296-150B as administered by the State Department of Labor & Industries. Such installations shall include approved connections to all appropriate utilities. (Ord. 046-07§2, 2007). 16.08.366 "Home occupation" shall mean: A limited -scale activity undertaken for financial gain with some on -site sales or service, which occurs in a dwelling unit or accessory building and is subordinate to the primary use of the premises as a residence in accordance with the provisions of Chapter 16.38 POMC. (Ord. 046-07§2, 2007). 16.08.367 "Home park or subdivision - mobile" shall mean: A parcel (or contiguous parcels) of land divided into 2 or more mobile home lots for rent or sale. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 27 of 67 16.08.368 "Home profession" shall mean: A limited -scale activity undertaken for financial gain with no on -site fabrication, service or sales, which occurs in a dwelling unit or accessory building and is subordinate to the primary use of the premises as a residence in accordance with the provisions of Chapter 16.38 POMC. (Ord. 046-07§2, 2007). 16.08.370 "Hospitals" shall mean: Establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical services, and other hospital services, as well as continuous nursing services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Does not include convalescent homes. (Ord. 046-07§2, 2007). 16.08.372 "Hotels and motels" shall mean: Commercial establishments with more than 7 guest rooms, known to the public as hotels, motor hotels, motels, or tourists" courts, primarily engaged in providing lodging, or lodging and meals, for the general public; includes hotels that are operated by membership organizations and are open to the general public. (Ord. 046-07§2, 2007). 16.08.374 "Hotels - rooming and boarding houses" shall mean: Establishments primarily engaged in renting rooms, with or without board, on a fee basis. Does not include lodging houses and hotels operated by membership organizations for the benefit of their constituents and not open to the general public. (Ord. 046-07§2, 2007). 16.08.376 "Houseboat" shall mean: A watercraft structure designed primarily to be occupied as a dwelling unit that does not have a motor but is provided with sewer and water hookups. (Ord. 046- 07§2, 2007). 16.08.378 "Household pets" shall mean: Small animals that are kept within a dwelling unit. (Ord. 046-07§2, 2007). 16.08.380 "Hydroelectric generation facility" shall mean: An establishment for the generation of electricity using water sources. (Ord. 046-07§2, 2007). 16.08.382 "Individual transportation and taxi" shall mean: An establishment engaged in furnishing individual or small group transportation by motor vehicle, including uses located in SIC industry group and numbers: (1) 412-Taxicabs, and (2) 41 19-Local passenger transportation, not elsewhere classified. (Ord. 046-07§2,2007). 16.08.384 "Impact' shall mean: Any additional demand and need for public facilities or services that is reasonably related to the proposed development. (Ord. 046-07§2, 2007). 16.08.386 "Impact fee" shall mean: The fee or charge levied as a condition of issuance of a building permit or development approval and which mitigates all or any portion of an impact. (Ord. 046-07§2, 2007). 16.08.388 "Impervious surface" shall mean: A hard or compacted surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, or a hard or compacted surface area which causes water to run off Ordinance No, oil-io Page 28 of 67 the surface in greater quantities or at an increased rate of flow from that present under natural conditions preexistent to development. Common impervious surfaces include but are not limited to rooftops, concrete or asphalt paving, paved walkways, patios, compacted gravel, driveways, parking lots and storage areas, and oiled, macadam, or other surfaces which similarly impeded the natural infiltration of surface water. (Ord. 046-07§2, 2007). 16.08.390 "Improved public roadways" shall mean: Public road rights -of -way that have been improved with at least 2 travel lanes and are maintained by Port Orchard, Kitsap County or Washington State. (Ord. 046-07§2, 2007). 16.08.392 "Incidental sign" shall mean: A small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business. Such signs shall not exceed 12 inches by 18 inches in size. (Ord. 046-07§2, 2007). 16.08.394 "Indirect lighting" shall mean: Lighting displayed or reflected on the surface or face of a sign which is not inside the sign and not a part of the sign proper. (Ord. 046-07§2, 2007). 16.08.396 "Interim recycling facility" shall mean: A site or establishment engaged in collection or treatment of recyclable materials, which is not the final disposal site, and including: (1) Drop boxes, (2) Source -separated, organic waste processing facilities, and (3) Collection, separation, and shipment of glass, metal, paper or other recyclables to others who will re -use them or use them to manufacture new products. (Ord. 046-07§2, 2007), 16.06.398 "Jail' shall mean: 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. (Ord. 046-07§2, 2007). 16.08.400 "Jail farm" shall mean: A farm or camp on which persons convicted of minor law violations are confined and participate in agriculture and other work activities of the facility. (Ord. 046-07§2, 2007). 16.08.402 "Jewelry store" shall mean: An establishment engaged in the retail sale of a variety of jewelry products, including uses located in SIC industry numbers: (1) 5944-Jewelry stores, and (2) Gem stones and rock specimens found in 5999. (Ord. 046-07§2, 2007). 16.08.404 "Kennel' shall mean: A place where adult dogs are temporarily boarded for compensation, whether or not for training. An adult dog is one of either sex, altered or unaltered, that has reached the age of 6 months. (Ord. 046-07§2, 2007). 16.08.406 "Landfill' shall mean: A disposal site or part of a site at which refuse is deposited. (Ord. 046-07§2, 2007). 16.08.408 "Landing field" shall mean: A runway or landing area which is designed, used or intended to be used by private fixed wing aircraft, including necessary taxiways, storage, and tie - down areas. (Ord. 046-07§2, 2007). Ordinance No. oil-ro Page 29 of 67 16.08.410 "Landscaping" shall mean: Live vegetative materials required for a development. Said materials provided along the boundaries of a development site is referred to as perimeter landscaping. Landscaping provided on the remainder of the site is referred to as interior landscaping. (Ord.046-07§2, 2007). 16.08.412 "Landslide" shall mean: Episodic down slope movement of a mass of soil or rock including snow avalanches. (Ord. 046-07§2, 2007). 16.08.414 "Level -of -service (LOS)" shall mean: Traffic congestion as measured along a roadway or at an intersection and as identified by a letter scale from A to F calculated by a methodology endorsed by the Institute of Transportation Engineers (ITE). (Ord. 046-07§2, 2007). 16.08.416 "Livestock" shall mean: Grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding, and production, including but not limited to cattle, riding and draft horses, hogs, sheep, and goats. (Ord. 046-07§2, 2007). 16.08.418 "Livestock - large" shall mean: Cattle, horses, llamas, alpaca, and other livestock generally weighing over 500 pounds. (Ord. 046-07§2, 2007). 16.08.420 "Livestock -small" shall mean Hogs, sheep, goats, miniature horses, llamas, alpaca, and other livestock generally weighing under 500 pounds. (Ord. 046-07§2, 2007). 16.08.422 "Loading space" shall mean: A space for the temporary parking of a vehicle while loading or unloading cargo or passengers. (Ord. 046-07§2, 2007). 16.08.424 "Lodging house" shall mean: Lodging houses and hotels operated by membership organizations for the benefit of their constituents and not open to the general public. Additional information can be found within SIC 7041. (Ord. 046-07§2, 2007). 16.08.426 "Log storage" shall mean: A facility for the open or enclosed storage of logs which may include repair facilities for equipment used on -site or operations offices. (Ord. 046-07§2, 2007). 16.08.428 "Logo" shall mean: An identifying emblem or insignia containing sign graphics, symbols, or colors typically used for identification and/or advertisement. (Ord. 046-07§2, 2007). 16.08.430 "Logo shield" shall mean: A logo contained within an area no greater than four square feet, incorporated into a larger sign face or designed as an individual sign or a component of a sign containing individually mounted sign graphics. (Ord. 046-07§2, 2007). 16.08.432 "Lot' shall mean: A measured parcel of land having fixed boundaries and designated on a plat or survey. A physically separate and distinct parcel of property, which has been created pursuant to the provisions of this Chapter 58.17 RCW and POMC Chapter 16.72. The term shall include tracts or parcels. (Ord. 046-07§2, 2007). 16.08.434 "Lot- corner" shall mean: A lot bounded on two or more adjacent sides by a public street, private road access, easement, or any combination of these. (Ord. 046-07§2, 2007). 16.08.436 "Lot — frontage" shall mean: The front boundary line of a lot bordering on the street Ordinance No. ou-ro Page 30 of 67 and in the case of a corner lot, may be either boundary line bordering on the street. (Ord. 046-07§2, 2007). 16.08.438 "Lot — measurements" shall mean: (1) Depth of a lot shall be considered to be the dimension between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. (2) Width of a rectangular lot shall be considered to be the dimension between its 2 side lot lines perpendicular to the street. For an irregularly shaped lot the width shall be considered to be a dimension which equals the lot line most nearly perpendicular to the frontage street. (Ord. 046-07§2, 2007). 16.08.440 "Lot — through" shall mean: A lot having frontage on two parallel or approximately parallel streets. (Ord. 046-07§2, 2007). 16.08.442 "Lot — types" shall mean: (1) Corner lots are located at the junction of, and fronting on, 2 or more intersecting streets. (2) Interior lots do not front on 2 or more streets. (3) Through lots, other than comer lots, have frontage on more than 1 street. Through lots abutting 2 streets may be referred to as double -frontage lots. (Ord. 046-07§2, 2007). 16.08.444 "Lot area — minimum" shall mean The minimum or smallest amount of total lot area in a single ownership expressed in square feet necessary to satisfy the physical development standards defined in this code. (Ord. 046-07§2, 2007). 16.08.446 "Lot lines" shall mean: (1) Lot Front Line. "Lot front line" means that lot line at which vehicular access is off of a public right-of-way, private street, access easement or tract; (2) Lot Rear Line. "Lot rear line" means a lot line which is opposite and most distant from the lot front line. For the purpose of establishing the lot rear line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: (a) For a triangular- or gore -shaped lot, a line 10 feet in length within the lot and farthest removed from the lot front line and at right angles to the line comprising the depth of such lot shall be used as the lot rear line; (b) In the case of a trapezoidal lot, the rear line of which is not parallel to the front line, the lot rear line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded lot rear line; (3) Lot Side Line. "Lot side line" means any lot boundary line not a lot front line or a lot rear line. (Ord. 046-07§2, 2007). 16.08.448 "Lot line - interior" shall mean: Lot lines that delineate property boundaries along those portions of the property which do not abut a street. (Ord. 046-07§2, 2007). Ordinance No.oii-io Page 31 of 67 16.08.450 "Lot line interior -zero" shall mean: The elimination of one side yard setback so that a side building line can be constructed on the lot line. Zero -lot lines must be designated on a plat. (Ord. 046-07§2, 2007). 16.08.452 "Marina" shall mean: A water -dependent facility that provides moorage, wet and/or dry storage, and other related sales and maintenance services, including but not limited to showers, toilets, self-service laundries, and boat fuel, for pleasure and commercial; does not include community and public docks, overhauls, engine pulling, or bottom painting. Live aboards are permitted only in established marinas. (Ord. 046-07§2, 2007). 16.08.454 "Marina - boat repair" shall mean: An establishment providing docking, moorage space and related activities limited to the provisioning or repair of pleasure and commercial boats and yachts, and personal services. (Ord. 046-07§2, 2007). 16.08.456 "Marine cargo handling- pier" shall mean: A fixed structure built over the water, used as landing place for marine transport or for recreational purposes. (Ord. 046-07§2, 2007). 16.08.458 "Marquee" shall mean: A permanent roof -like structure or canopy of rigid material supported by and extending from the fagade of a building. Also see "Downtown marquee," 16.08.222. (Ord. 046-07§2, 2007). 16.08.460 "Material error" shall mean: Substantive information upon which a permit decision is based that is submitted in error or is omitted at the time of permit application. (Ord. 046-07§2, 2007). 16.08.462 "May" shall mean: Optional and permissive, and does not impose a requirement. (Ord. 046-07§2, 2007). 16.08.464 "Microwave" shall mean: Electromagnetic waves with a frequency of 890 megahertz (mhz) or greater. (Ord. 046-07§2, 2007). 16.08.466 "Mitigation or Mitigate" shall mean: Any action which avoids any negative or adverse impact, or which ameliorates any such impact. (Ord. 046-07§2, 2007). 16.08.468 "Mobile home" see "Dwelling unit — Mobile home" (Ord. 046-07§2, 2007) 16.08.470 "Mobile home — park" shall mean: A tract of land developed with individual sites and facilities to accommodate 2 or more mobile homes. (Ord. 046-07§2, 2007). 16.08.472 "Modification — major" shall mean: A major alteration of a site plan shall include any 1 of the following: (1) Any enlargement of proposed building(s). (2) Any site relocation of proposed building(s). (3) Any change in exterior design. (4) Any modification that creates new traffic circulation patterns. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 32 of 67 16.08.474 "Monument" shall mean: A permanently established marker which is used to establish property comers and control for surveys. (Ord. 046-07§2, 2007). 16.08.476 "Monument sign' shall mean: A permanent freestanding sign, which is attached to the ground by means of a wide base. (Ord. 046-07§2, 2007). 16.08.478 "Monuments, tombstones, and gravestones sales" shall mean: The retail sale of custom stonework products including uses located in SIC industry number 5599-Monuments, finished to custom order, tombstones, and gravestones finished. (Ord. 046-07§2, 2007). 16.08.480 "Motor vehicle dealers" shall mean: An establishment engaged in the retail sale of new and/or used automobiles, motor homes, motorcycles, or trailers, including uses located in SIC major group and industry group numbers: (1) 55-Automobile dealers and gasoline service stations except: (a) 553-Auto and home supply stores, (b) 554-Gasoline service stations, and (2) Aircraft dealers found in 5599. (Ord. 046-07§2, 2007). 16.08.482 "Motor vehicle and bicycle manufacturing" shall mean: Fabricating or assembling complete passenger automobiles, trucks, commercial cars and buses, motorcycles, and bicycles, including uses located in SIC industry group numbers: (1) 371-Motor vehicles and motor vehicle equipment, and (2) 375-Motorcycles, bicycles, and parts. (Ord. 046-07§2, 2007). 16.08.484 "Multiple occupancy complex" shall mean: A group of structures each housing at least one retail business, office, or commercial venture, or a single structure containing more than one separate business entity. (Ord. 046-07§2, 2007). 16.08.486 "Municipal water production" shall mean: The collection, processing, and transmission facilities for municipal water systems, using surface or ground water sources. (Ord. 046-07§2, 2007). 16.08.488 "Mural" shall mean: Art renderings on exterior walls that do not advertise a business, product, service, or activity. (Ord. 046-07§2, 2007). 16.08.490 "Must" shall mean: The same meaning as "shall" herein, and is mandatory and imposes a requirement. (Ord. 046-07§2, 2007). 16.08.492 "Native vegetation" shall mean: Plant species that are indigenous and naturalized to the City's region and which can be expected to naturally occur on a site. Native vegetation does not include noxious weeds. (Ord. 046-07§2, 2007). 16.08.494 "Natural" shall mean: (1) Building materials: When used in context of the Tremont Street Corridor Overlay District "natural" means wood siding (horizontal, vertical or diagonal; no T-111), wood shake, river Ordinance No. oil-io Page 33 of 67 cobble, slate, brick (natural colors), stucco (as accent only), and clay tile. (2) Colors: When used in context of the Tremont Street Corridor Overlay District "natural" colors are what is commonly referred to as carthtone colors; examples of carthtone colors include almond, bluegrass, brick, cedar beige, chamois, cobblestone, cordovan, cream, driftwood gray, gray, Monterey Pine, rose quartz, silver gray beige, and topaz. V. 16.08.496 "Naturalized species" shall mean: Non-native species of vegetation that are adaptable to the climatic conditions of the coastal region of the Pacific Northwest. (Ord. 046-07§2, 2007). 16.08.498 "New evidence" shall mean: Any and all evidence that is submitted or received after the date the examiner, or City Council as the case may be, closes the official record. The official record is closed at the end of the hearing, unless the examiner specifically allows the official record to remain open for a time certain. (Ord. 046-07§2, 2007). 16.08.500 "Nonconforming — structure" shall mean: A building or structure which was lawfully constructed, altered, and/or maintained, but which does not conform to the regulations of the zone in which the building exists. (Ord. 046-07§2, 2007). 16.08.502 "Nonconforming — use" shall mean: A use which has lawfully established and continuously maintained, but which does not conform to the regulations of the zone in which the use exists. (Ord. 046-07§2, 2007). 16.08.504 "Nonconformance" shall mean: Any use, improvement or structure established in conformance with the rules and regulations in effect at the time of establishment that no longer conforms to the range of uses permitted in the site's current zone or to the current development standards of this code due to the change in the code or its application to the subject property. (Ord. 046-07§2, 2007). 16.08.506 "Non -hydroelectric generation facility" shall mean: An establishment for the generation of electricity by nuclear reaction, burning fossil fuels, wind and solar machines or other electricity generation methods. (Ord. 046-07§2, 2007). 16.08.508 "Normal rainfall' shall mean: Rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water year for Kitsap County as recorded at the Bremerton National Airport. (Ord. 046-07§2, 2007). 16.08.510 "Noxious weed" shall mean: Any plant which when established is highly destructive, competitive, or difficult to control by cultural or chemical practices (see Chapter 17.10 RCW). The state noxious weed list in WAC Chapter 16-750 is the officially adopted list of noxious weeds by the Noxious Weed Control Board and recognized by Port Orchard. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 34 of 67 16.08.512 "Off -premises sign" shall mean: An outdoor advertising, informational, directional, or identification sign, which relates to products, businesses, services, or premises not located on or otherwise directly associated with the site on which the sign is erected. (Ord. 046-07§2, 2007). 16.08.514 "Official tile" shall mean: (1) All materials accepted by the examiner, or the City Council as the case may be, for purposes of the hearing, or created during the hearing, including but not limited to: (a) All application materials submitted by the applicant; (b) The staff report for the hearing; (c) All written comments received by the City prior to the hearing, or received into the official record during the hearing; (d) The list of persons who signed in to the public hearing indicating a desire to testify, or who wish to be notified of a decision or recommendation on the matter; (e) The electronic recording of the hearing on the matter, or a transcript of the electronic hearing on the matter, certified under oath to be a transcript of the electronic recording of the hearing on the matter; (f) The recommendation or decision of the examiner. (2) If a decision of the examiner is appealed to the Council, the following will also be included in the official file: (a) The letter or notice of appeal; (b) The staff report on the appeal; (c) Any legal motions, briefs or other written appeal documents submitted by a party of record. (3) If the decision of the Council is appealed to Superior Court, the following will also be included in the official file: (a) The electronic recording of the appeal to Council and minutes of the same, or a transcript of the electronic hearing on the matter, certified under oath to be a true and correct transcript of the electronic recording of the hearing on the appeal; (b) The decision of the Council. (Ord. 046-07§2, 2007). 16.08.516 "Official plans" shall mean: The comprehensive plan, these development regulations, and other documents adopted by the City Council of the City of Port Orchard. (Ord. 046-07§2, 2007). 16.08.518 "Official record" shall mean: The written and oral information, exhibits, reports, testimony and other evidence submitted in a timely manner and accepted by the examiner, or the City Council, if applicable. An electronic recording or transcript certified as a true and correct transcript of an electronic recording of the hearing is a part of the official record. (Ord. 046-07§2, 2007). 16.08.520 "Open record hearing" shall be as defined in 16.08.350.(Ord. 046-07§2, 2007). Ordinance No. oil-ro Page 35 of 67 16.08.522 "Open-work fence" shall mean: A fence in which the solid portions are evenly distributed and constitute no more than 50 percent of the total surface area. (Ord. 046-07§2, 2007). 16.08.524 "Ordinances" shall mean: A legislative enactment of a City or county. (Ord. 046- 07§2, 2007). 16.08.526 "Owner" shall mean: The owner of record of real property provided that, if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property. (Ord. 046-07§2, 2007). 16.08.530 "Parapet" shall mean: That portion of a building wall which extends above the roof of the building. (Ord. 046-07§2, 2007). 16.08.532 "Park" shall mean: A site designed or developed for recreation use by the public including, but not limited to: Indoor facilities, such as: Gymnasiums, Swimming pools, or Activity centers; Outdoor facilities, such as: Playfields, courts, playgrounds, Fishing and boating access areas, or Picnicking and other group activity areas, and Areas and trails for: Hikers, Equestrians, or Bicyclists. (Ord. 046-07§2, 2007). 16.08.534 "Parks study" shall mean: The studies included in the adopted comprehensive land use plan and the adopted parks plan, and any amendments thereto, copies of which are on file with the Planning Director. (Ord. 046-07§2, 2007). 16.08.536 "Parking lot aisle" shall mean: That portion of the off-street parking area used exclusively for the maneuvering and circulation of motor vehicles and in which parking is prohibited. (Ord. 046-07§2, 2007). 16.08.538 "Parking lot unit depth" shall mean: The linear distance within which 1 parking aisle is flanked by accessible rows of parking stalls as measured perpendicular to the parking aisle. (Ord. 046-07§2, 2007). 16.08.540 "Parking space" shall mean: An area accessible to vehicles, improved, maintained, and used for the sole purpose of parking a motor vehicle. (Ord. 046-07§2, 2007). 16.08.542 "Parking space - off-street" shall mean: A space on private property with access to a public street or alley used to park a motor vehicle. (Ord. 046-07§2, 2007). 16.08.544 "Parking space, angle" shall mean: The angle measured from a reference line, generally the property line or center line of an aisle, at which motor vehicles are to be parked. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 36 of 67 16.08.546 "Party" or "party of record" shall mean: The applicant, the property owner of the property for which a land use application has been filed, and any person who has submitted written comments or testified as part of the official record of a land use action. (Ord. 046-07§2, 2007). 16.08.550 "Peak hour" shall mean: The hour during the morning or afternoon when the most critical level of service occurs for a particular roadway or intersection. (Ord. 046-07§2, 2007). 16.08.556 "Permit - conditional' shall mean: A permit granted by the City to locate a land use at a particular location, subject to conditions placed on the proposed use to ensure compatibility with adjacent land uses. (Ord. 046-07§2, 2007). 16.08.558 "Permit - site development" shall mean: A permit for the establishment of land uses which do not require a building permit or other land use permit but require compliance with the standards of this code. (Ord. 046-07§2, 2007). 16.08.560 "Permit - temporary use" shall mean: A permit to allow a use for a limited duration and/or frequency. (ORD. 046-07§2, 2007). 16.08.562 "Person" shall mean: An individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or any local governmental unit however designated. (Ord. 046-07§2, 2007). 16.08.563 "Personal medical supply store" shall mean: An establishment engaged in the retail sale of eyeglasses, contact lenses, hearing aids, and artificial limbs, including uses located in SIC industry numbers: (1) 5995-Optical goods stores, and (2) 5999-Hearing aids and orthopedic and artificial limb stores. (Ord. 046-07§2, 2007). 16.08.564 "Pet shop" shall mean: An establishment engaged in the retail sale of pets, pet supplies, or grooming of pets, including uses located in SIC industry number 5999-Pet shops. (Ord. 046-07§2, 2007). 16.08.566 "Pier" shall mean: A fixed structure built over the water, used as a landing place for marine transport or for recreational purposes. (Ord. 046-07§2, 2007). 16.08.568 "Photographic and electronic shop" shall mean: An establishment engaged in the retail sale of cameras and photographic supplies, and a variety of household electronic equipment, including uses located in SIC industry number: (1) 5946-Camera and photographic supply stores, and (2) 5999-Binoculars and telescopes. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 37 of 67 16.08.570 "Planning commission" shall mean: The Port Orchard Planning Commission. (Ord. 046-07§2, 2007). 16.08.572 "Plat" shall mean: Preliminary and final, short and long plats. (Ord. 046-07§2, 2007). 16.08.574 "Plat — preliminary" shall mean: A neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision, as authorized by Chapter 58.17 RCW and POMC Chapter 16.72. (Ord. 046-07§2, 2007). 16.08.576 "Plat — final" shall mean: The final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in Chapter 58.17 RCW and POMC Chapter 16.72. (Ord. 046-07§2, 2007). 16.08.578 "Plat — short" shall mean: The map or representation of a short subdivision, showing thereon the division of a tract or parcel of land with lots, blocks, streets, and alleys or other divisions, easements and dedications as authorized by Chapter 58.17 RCW and POMC Chapter 16.72. (Ord. 046-07§2, 2007). 16.08.580 "Plat — long" shall mean: The map or representation of a long subdivision, showing thereon the subdivision of a tract or parcel of land with lots, blocks, street, and alleys or other subdivisions, easements and dedications as authorized by Chapter 58.17 RCW and POMC Chapter 16.72. (Ord. 046-07§2, 2007). 16.08.582 "Pole sign" shall mean: Any freestanding sign more than five feet in height that does not meet the definition of monument, ground, or portable sign. These signs are composed of the sign cabinet or base and the sign pole or pylon by which it connects to the ground. (Ord. 046-07§2, 2007). 16.08.584 "Political sign' shall mean: Any sign intended to promote an individual or an issue on an election ballot to be voted upon by the Port Orchard general electorate. (Ord. 046-07§2, 2007). 16.08.586 "Port Orchard" shall mean: The City of Port Orchard, Washington. (Ord. 046- 07§2, 2007). 16.08.588 "Portable sign' shall mean: Any sign which is designed to be periodically transported either manually, on a vehicle, or on its own wheels, and which is not designed to be permanently affixed to the ground or to a structure. The removal of the wheels from such a sign, or the attachment of such a sign temporarily or permanently to the ground or to a structure, does not, by itself, change the inherent portability which was part of the original design of the sign, and does not exempt it from this definition. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 38 of 67 16.08.590 "Private" shall mean: Solely or primarily for the use of residents or occupants of the premises; e.g., a noncommercial garage used solely by residents or their guests is a private garage. (Ord. 046-07§2, 2007). 16.08.592 "Private road" shall mean: An easement which creates access from private property to the City street with maintenance of such road being the responsibility of the private property owners. (Ord. 046-07§2, 2007). 16.08.594 "Professional office" shall mean: An office used as a place of business by licensed professionals, or persons in other generally recognized professions, which use training or knowledge of a technical, scientific or other academic discipline as opposed to manual skills, and which does not involve outside storage or fabrication, or on -site sale or transfer of commodities, including the following SIC major group and industry numbers: (1) 64-Insurance agents, brokers, and service, (2) 653-Real estate agents and managers, (3) 7291-Income tax return preparation services, (4) 81-Legal services, (5) 871-Engineering, architectural, and surveying services, (6) 872-Accounting, auditing, and bookkeeping services, and (7) 874-Management and public relation services. (Ord. 046-07§2, 2007). 16.08.596 "Project improvements" shall mean: Site improvement and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan shall be considered a project improvement. (Ord. 046-07§2, 2007). 16.08.598 "Project permit or project permit application" shall mean: Any land use or environmental approval required from the City for a project action, including but not limited to building permits, subdivisions, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by POMC Title 16, Critical Areas and Natural Resources, site -specific rezones authorized by a comprehensive plan or sub area plan, but excluding the adoption or amendment of a comprehensive plan, sub area plan, or development regulations except as otherwise specifically included in this Land Use Regulatory Code. (Ord. 046-07§2, 2007). 16.08.600 "Projecting sign" shall mean: A sign, other than a flat wall sign, which is attached to and projects 12 inches or more from a building wall or other structure not specifically designed to support the sign. (Ord. 046-07§2, 2007). 16.08.602 "Property owner" shall mean: Those individuals, corporation, or other entity that Ordinance No. on-io Page 39 of 67 own or have a vested contractual interest in the property. (Ord. 046-07§2, 2007). 16.08.604 "Public agency" shall mean: Any agency, political subdivision, or unit of local government of this state including but not limited to municipal corporations, special purpose districts, counties, and local service districts; any agency of the State of Washington, the United States or any state thereof; or any Indian tribe recognized as such by the Federal Government. (Ord. 046-07§2, 2007). 16.08.606 "Public agency animal control facility" shall mean: A facility for the impoundment and disposal of stray or abandoned small animals. (Ord. 046-07§2, 2007). 16.08.610 "Public agency archive" shall mean: Facilities for the enclosed storage of public agency documents or related materials, excluding storage of vehicles, equipment, or similar materials. (Ord. 046-07§2, 2007). 16.08.612 "Public agency office" shall mean: An office for the administration of any governmental activity or program, with no outdoor storage and including, but not limited to uses located in SIC major group, industry group, and industry numbers: (1) 9 1 -Executive, legislative, and general government, except finance, (2) 93-Public finance, taxation, and monetary policy, (3) 94-Administration of human resource programs, (4) 95-Administration of environmental quality and housing programs, (5) 96-Administration of economic programs, (6) 972-International affairs, (7) 9222-Legal counsel and prosecution, and (8) 9229-Public order and safety. (Ord. 046-07§2, 2007). 16.08.614 "Public agency training facility" shall mean: An establishment or school for training state and local law enforcement, fire safety, National Guard or transit personnel and ancillary facilities including but not limited to: dining and overnight accommodations, classrooms, shooting ranges, auto test tracks, and fire suppression simulations. (Ord. 046-07§2, 2007). 16.08.616 "Public agency yard" shall mean: A facility for open or enclosed storage, repair, and maintenance of vehicles, equipment, or related materials, excluding document storage. (Ord. 046- 07§2, 2007). 16.08.618 "Public facilities" shall mean: Any City -owned, operated or contracted facility or service, in whole or in part, whether existing or planned, including but not limited to parks, utilities, recreational facilities, schools, libraries, playgrounds, streets, transportation facilities, open spaces, police, fire or garbage services, buildings, and all such facilities or services, including related equipment. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 40 of 67 16.08.620 "Public meeting or community meeting" shall mean: An informal meeting, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the City's decision. Under RCW 36.70B.020(5), a public meeting is not an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file. (Ord. 046-07§2, 2007). 16.08.622 "Public street or right-of-way" shall mean: Every road, street, highway, boulevard or place in the City open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways. Also including streets or portions thereof which are designated as portions of the state highway system. (Ord. 046-07§2, 2007). 16.08.624 "Reader board" shall mean: A sign or a part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. (Ord. 046-07§2, 2007). 16.08.626 "Real estate sign" shall mean: A sign erected by the owner, or his agent, advertising the real estate upon which the sign is located for rent, lease, or sale, or directing interested parties to said property. (Ord. 046-07§2, 2007). 16.08.628 "Reasonable use" shall mean: "Reasonable use" as defined by the most recent applicable state or federal court decision. (Ord. 046-07§2, 2007). 16.08.630 "Recreational vehicle (RV)" shall mean: A vehicle designed primarily for recreational camping, travel or seasonal use which has its own motive power or is mounted on or towed by another vehicle, including but not limited to: travel trailer, folding camping trailer, park trailer, truck camper, motor home, and multi -use vehicle. (Ord. 046-07§2, 2007). 16.08.632 "Recreational vehicle parks" shall mean: The use of land upon which 2 or more recreational vehicle sites, including hook-up facilities, are located for occupancy by the general public of recreational vehicles as temporary living quarters for recreation or vacation purposes. (Ord. 046-07§2, 2007). 16.08.634 "Recyclable material" shall mean: A nontoxic, recoverable substance that can be reprocessed for the manufacture of new products. (Ord. 046-07§2, 2007). 16.08.638 "Regional utility corridor" shall mean: A right-of-way tract or easement which contains transmission lines or pipelines for utility companies, excluding distribution lines contained within street rights -of -way or lines serving individual lots or developments. (Ord. 046-07§2, 2007). 16.08.640 "Resident" shall mean: A person who occupies a residential dwelling within the City of Port Orchard on an on -going and continual basis, and who actually lives within the home, as distinguished from a visitor or transient. (Ord. 046-07§2, 2007). Ordinance No. oil-ro Page 41 of 67 16.08.642 "Restoration" shall mean: The actions to return a stream, wetland or other critical area to a state in which its stability, functions, and values approach its unaltered state as closely as possible. (Ord. 046-07§2, 2007). 16.08.648 "Retention/detention facility" shall mean: A type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold runoff for a short period of time and then release it to the surface and stormwater management system. (Ord. 046-07§2, 2007). 16.08.656 "Roof sign" shall mean: Any sign erected on or supported by the roof of a building. (Ord. 046-07§2, 2007). 16.08.658 "Sandwich board/sidewalk sign' shall mean: A portable sign consisting of two sign faces hinged at the top and separated at the bottom to make it self -standing. (Ord. 046-07§2, 2007). 16.08.660 "Seasonal decoration' shall mean: Temporary decorations for holidays which do not fall under the definition of a sign. Decorations, which fall under the definition of a sign, must conform to all provisions of the sign code. (Ord. 046-07§2, 2007). 16.08.662 "Senior" shall mean: A person aged 55 or older. (Ord. 046-07§2, 2007). 16.08.664 "School' shall mean: An institution primarily for academic instruction, public, private or parochial, and accredited by the State Department of Education. (Ord. 046-07§2, 2007). 16.08.666 "School district' shall mean: The South Kitsap School District Number 402, Kitsap County, Washington whose boundaries include the Port Orchard urban growth area. (Ord. 046-07§2, 2007). 16.08.668 "School bus base" shall mean: An establishment for the storage, dispatch, repair, and maintenance of coaches and other vehicles of a school transit system. (Ord. 046-07§2, 2007). 16.08.670 "School district support facility" shall mean: Uses (excluding schools and bus bases) that are required for the operation of a school district including centralized kitchens, and maintenance or storage facilities. (Ord. 046-07§2, 2007). 16.08.672 "Schools, elementary and middle/junior high" shall mean: Public institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington in grades kindergarten through 9, including associating meeting rooms, auditoriums, and athletic facilities. (Ord. 046-07§2, 2007). Ordinance No. oil-ro Page 42 of 67 16.08.674 "Schools, private" shall mean: Private institutions of learning having a curriculum below the college level as required by the common school provisions of the state of Washington. (ORD. 046-07§2, 2007). 16.08.676 "Schools, secondary or high" shall mean: Public institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington in grades 9 through 12, including associated meeting rooms, auditoriums, and athletic facilities. (Ord. 046-07§2, 2007). 16.08.678 "Schools, specialized instruction" shall mean: Establishments engaged in providing specialized instruction in a designated field of study, rather than a full range of courses in unrelated areas including, but not limited to: art, dance, music, cooking, driving, and pet obedience training. (Ord. 046-07§2, 2007). 16.08.680 "Schools, vocational' shall mean: Public establishments offering training in a skill or trade to be pursued as a career, including uses located in SIC industry group number: (1) 824-Vocational schools, and (2) 8222-Technical institutes. (Ord. 046-07§2, 2007). 16.08.682 "Self-service storage facility" shall mean: An establishment containing separate storage spaces that are leased or rented as individual units. (Ord. 046-07§2, 2007). 16.08.684 "Sensitive area" see Critical Area definition. (Ord. 046-07§2, 2007). 16.08.686 "SEPA responsible official' shall mean: The Development Director, or such other person as the Development Director has designated in writing to serve as the SEPA responsible official. (Ord. 046-07§2, 2007). 16.08.690 "Service area" shall mean: Any geographical area in which a defined set of public facilities provides services to developments within the area. Service areas may be separately described for each type of public facility. (Ord. 046-07§2, 2007). 16.08.692 "Setback" shall mean: The distance between buildings or uses and their lot lines as established in the Land Use Regulatory Code on the condition of permit approval. (Ord. 046-07§2, 2007). 16.08.694 "Setback— street" shall mean: The setback extending from every street right-of-way to a line parallel to and measured perpendicularly from the street right-of-way at the depth prescribed for each zone. (Ord. 046-07§2, 2007). 16.08.696 "Shall' shall mean: The same meaning as "must' herein, and is mandatory and imposes a requirement. (Ord. 046-07§2, 2007). Ordinance No. oli-io Page 43 of 67 16.08.698 "Shooting range" shall mean: A facility designed to provide a confined space for safe target practice with firearms, archery equipment, or other weapons. (Ord. 046-07§2, 2007). 16.08.699 "Shorelines administrator" shall mean: The Development Director, or such other City employee that she designates, in writing, to serve in that capacity. (Ord. 046-07§2, 2007). 16.08.700 "Shoreline jurisdiction" shall mean: The area extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplains areas landward two hundred feet for such floodways, and all wetlands associated with streams, lakes and tidal waters. (Ord. 046-07§2, 2007). 16.08.702 "Shoreline master program" shall mean: The shoreline master program for the City of Port Orchard, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals and standards developed in accordance with the policies enunciated in RCW 90.58.020. (Ord. 046-07§2, 2007). 16.08.704 "Should" shall mean: Strongly advisable, unless the context clearly indicates otherwise. Refer to 16.01.040(4). (Ord. 046-07§2, 2007). 16.08.706 "Sign" shall mean: Any visual communication device, structure, fixture, placard, painted surface, awning, banner, or balloon using graphics, lights, symbols, and/or written copy designated specifically for the purpose of advertising, identifying, or promoting the interest of any person, institution, business, event, product, goods, or services; provided, that the same is visible from any public right-of-way or waterway. (Ord. 046-07§2, 2007). 16.08.708 "Sign area" shall mean: The entire area of a sign. Sign structure, architectural embellishments, filigree, framework, and decorative features, which contain no written or advertising copy, shall not be included. Sign area shall be calculated by measuring the perimeter enclosing the extreme limits of the module or background containing the advertising, graphics, or identifying message; provided, that individual letters using a wall as a background, without added decoration or change in wall color, shall have a sign area calculated by measuring the perimeter enclosing each letter and totaling the square footage thereof. For double-faced signs, total sign area shall be calculated by measuring only one face. (Ord. 046-07§2, 2007). 16.08.710 "Sign height' shall mean: The vertical distance from the base of the sign, including its supporting columns, to the highest point of a sign or any vertical projection thereof. (Ord. 046- 07§2, 2007). 16.08.712 "Significant tree" shall mean: An existing tree which is: (1) Any healthy tree with a DBH (diameter at breast height) of 18 inches or greater with adequate live crown to maintain tree vigor and aesthetics; or Ordinance No. on-io Page 44 of 67 (2) Any tree identified as providing wildlife habitat for threatened or endangered species; or (3) Any tree of historical or cultural significance as defined within the comprehensive plan. (Ord. 046-07§2, 2007). 16.08.714 "Site area — minimum" shall mean: The minimum or smallest amount of total site area in a single ownership expressed in acres necessary to support development consistent with the zoning district provisions of this code. The minimum or smallest allowable site for a R4.5 zoning district which allows a maximum of 4.5 dwelling units per net useable acre cannot be smaller than that required to support the maximum density allowed in the prevailing zoning district. (Ord. 046- 07§2, 2007). 16.08.716 "Site area - useable gross" shall mean: Gross useable site area is the total site or lot ownership less Critical Areas. This area of a site or lot is expressed in acres or square feet. (Ord. 046- 07§2, 2007). 16.08.718 "Site area - useable net" shall mean: The total site or lot ownership expressed in acres or square feet less Critical Ares (equal to gross useable site area) and any required dedications necessary to provide supporting roads, utilities, or other supporting facilities or infrastructure which may be used to calculate allowed dwelling units. For the purposes of calculating potential residential capacities, infrastructure requirements are generally estimated to be between 10 and 20 percent of the gross useable site area for undeveloped land, and 0 to 10 percent for lots within existing developed urban areas such as the downtown district. (Ord. 046-07§2, 2007). 16.08.720 "Site plan specific" shall mean: A development plan required by this code and approved by the City Council. A site plan is defined as including all physical and technical drawings required by the City for project construction and approval. Site plans shall not determine or define the use of property or its occupation. (Ord. 046-07§2, 2007). 16.08.722 "Sporting goods store" shall mean: An establishment engaged in the retail sale of sporting goods and equipment, including uses located in SIC industry numbers: (1) 5 941 -Sporting goods stores and bicycle shops, and (2) 5999-Tent shops and trophy shops. (Ord. 046-07§2, 2007). 16.08.724 "Sports club" shall mean: An establishment engaged in operating physical fitness facilities and sports and recreation clubs, including uses located in SIC industry numbers: (1) 7991-Physical fitness facilities, and (2) 7997-Membership sports and recreation clubs. (Ord. 046-07§2, 2007). 16.08.726 "Specified sexual activities" shall mean: Human genitalia in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; erotic fondling, touching or display of human genitalia, pubic region, buttock, or female breast; peep shows, topless Ordinance No. oil-io Page 45 of 67 dancing, and nude dancing. (Ord. 046-07§2, 2007). 16.08.730 "Stable" shall mean: A structure or facility in which horses or other livestock are kept for boarding, training, riding lessons, breeding, rental, or personal use. (Ord. 046-07§2, 2007). 16.08.732 "State" shall mean: The State of Washington. (Ord. 046-07§2, 2007). 16.08.734 "Storage yard — open' shall mean: A land area of 2,000 square feet or more used for the storage of any material, including items for storage, sale, lease, processing and repair (including vehicles), not in a structure comprised of at least 3 walls and a roof. Does not include lots for the sale of motor and/or marine vehicles. (Ord. 046-07§2, 2007). 16.08.736 "Stream" see RCW 90.58 (Ord. 046-07§2, 2007) 16.08.738 "Street" shall mean: (1) Any public way either unimproved or improved which affords the principal means of access to abutting properties. A street width shall be considered the distance between its right-of-way lines. (2) A public or recorded private thoroughfare providing the main pedestrian and vehicular access through neighborhoods and communities and to abutting property. (Ord. 046-07§2, 2007). 16.08.740 "Street frontage" shall mean: The portion of a lot property line that abuts a public right-of-way. (Ord. 046-07§2, 2007). 16.08.742 "Structure" shall mean: Anything permanently constructed, walled, and roofed including a gas or liquid storage tank that is principally in or on the ground, or over the water; excluding fences less than 6 feet. (Ord. 046-07§2, 2007). 16.08.744 "Structure — alteration' shall mean: Any change to the supporting members of the building or structure including foundations, bearing walls, columns, beams or girders. (Ord. 046- 07§2, 2007). 16.08.746 "Structure height" shall mean: Except when otherwise noted in the in the tables or charts, under Chapter 16.40 POMC, the vertical height or distance from the lowest or downhill elevation line of the lower of either the existing or finished grade at the foundation or slab to the highest point of the roof of the structure. If the downhill elevation line is not level, the average downhill elevation shall be the basis for measurement. Note: on flat lots, the building height and structure height will be the same. (Ord. 046-07§2, 2007). 16.08.750 "Subdivision — long" shall mean: The division of land into five or more lots, tracts, or parcels, sites, or subdivisions for the purpose of sale, lease, or transfer of ownership" (RCW Ordinance No. oil-ro Page 46 of 67 58.17.020(1)). (Ord. 046-07§2, 2007). 16.08.752 "Subdivision — short" shall mean: The division of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership" (RCW 58.17.020(6)). (Ord. 046-07§2, 2007). 16.08.754 "Substantial development or Improvement' shall mean: (1) Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (a) Before the improvement of repair is started; or (b) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. (2) The term does not, however, include either: (a) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register of Historical Places or a State Inventory of Historical Places. (Ord. 046-07§2, 2007). 16.08.756 "Substantial progress" shall mean: One or more of the following: (1) Proof of project financing or negotiation. (2) A building permit has been issued and activated. (3) Installation of infrastructure within the original 180 day time period. (4) A completed set of working architectural drawings. (Ord. 046-07§2, 2007). 16.08.758 "Surety" shall mean: Any form of security involving a cash deposit, bond, set -aside account, collateral, property, or other instrument of credit, which is used to insure that required improvements are installed and/or warranted to be free from defective materials and/or workmanship. (Ord. 046-07§2, 2007). 16.08.760 "System improvements" shall mean: Public facilities that are included in the capital facilities plan element or transportation plan element and are designed to provide service within the community at large, in contrast to project improvements. (Ord. 046-07§2, 2007). 16.08.762 "Temporary living facility" shall mean: A mobile home, motor home or other such dwelling, installed on a residential lot which already contains a permanent dwelling structure. The use of a temporary living facility requires the property owner to receive a permit, can only be approved for a period of time up to 180 days and must have hookups to an approved water and sanitary sewer source. (Ord. 046-07§2, 2007). Ordinance No. oil-io Page 47 of 67 16.08.764 "Temporary or special event sign" shall mean: A nonpermanent sign intended for use for a short period of time, including banners, pennants, or advertising displays constructed of canvas, fabric, wood, plastic, cardboard, or wallboard, with or without frame. Signs in this category include signs painted on exterior window surfaces, which are readily removed by washing, and signs referred to in POMC 16.15160. (Ord. 046-07§2, 2007). 16.08.766 "Temporary use" shall mean: A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period. See 16.35.110. (Ord. 046-07§2, 2007). 16.08.768 "Testamentary" shall mean: Given or bequeathed by a will. (Ord. 046-07§2, 2007). 16.08.770 "Tightline to a sewer" shall mean: A sewer trunk line designed and intended specifically to service only a particular facility or place, and whose pipe diameter should be sized appropriately to ensure service only to that facility or place. (Ord. 046-07§2, 2007). 16.08.774 "Trails" shall mean: Man-made pathways designed and intended for use by non - motorized transportation modes including walking, biking, horse back riding, and/or recreational users. (Ord. 046-07§2, 2007). 16.08.776 "Transfer station" shall mean: A staffed collection and transportation facility used by private individuals and route collection vehicles to deposit solid waste collected off -site into larger transfer vehicles for transport to permanent disposal sites, and may also include recycling facilities involving collection or processing for shipment. (Ord. 046-07§2, 2007). 16.08.778 "Transit bus base" shall mean: An establishment for the storage, dispatch, repair, and maintenance of coaches, light rail trains, and other vehicles of a public transit system. (Ord. 046- 07§2, 2007). 16.08.780 "Transit park and ride lot" shall mean: Vehicle parking specifically for the purpose of access to a public transit system as a stand-alone facility. (Ord. 046-07§2, 2007). 16.08.781 "Transmission equipment' shall mean: Equipment, such as antennae and satellite, or point-to-point microwave dishes, that transmit or receive radio signals. (Ord. 046-07§2, 2007). 16.08.782 "Transmission line booster station" shall mean: An establishment containing equipment designed to increase voltage of electrical power transported through transmission and/or distribution lines to compensate for power loss due to resistance. (Ord. 046-07§2, 2007). 16.08.784 "Transmission structure" shall mean: A structure intended to support transmission equipment or function as an antenna for AM radio or an earth station satellite dish antenna. The term Ordinance No. oil-io Page 48 of 67 does not include brackets, platforms, or other apparatus that mount transmission equipment onto transmission structures, buildings or other structures. (Ord. 046-07§2, 2007). 16.08.786 "Transmitter building" shall mean: Building used to contain communication transmission equipment. (Ord. 046-07§2, 2007). 16.08.788 "Transportation system management (TSM)" shall mean: Low-cost projects that can be implemented in a short time frame designed to increase the efficiency of existing transportation facilities. This also includes transit and/or ride sharing measures to decrease single occupancy vehicle trips. (Ord. 046-07§2, 2007). 16.08.790 "Ultimate roadway section" shall mean: A designation that the maximum roadway or intersection capacity has been reached and further right-of-way acquisition and/or improvements are not feasible to increase peak hour vehicle capacity. (Ord. 046-07§2, 2007). 16.08.792 "Understory" shall mean: The low layer of plants forming an underbrush or under wood. (Ord. 046-07§2, 2007). 16.08.794 "Use" shall mean: The nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted. An activity or function carried out on an area of land, or in a building or structure located thereon. (Ord. 046-07§2, 2007). 16.08.795 "Use - conditional' see "conditional use." (ORD. 046-07§2, 2007) 16.08.796 "Use — permitted" shall mean: Any use authorized or permitted in a specific use district and subject to the limitations and regulations of such use district. (Ord. 046-07§2, 2007). 16.08.798 "Use — principal' shall mean: The primary use for a lot, structure, or building or the major portion thereof, as designated or actually used. (Ord. 046-07§2, 2007). 16.08.800 "Use — secondary" shall mean: An incidental or accessory use for which a lot, structure or building is designated or employed in conjunction with, but not subordinate to its primary use. (Ord. 046-07§2, 2007). 16.08.803 "Use — temporary" see "Temporary use." (Ord. 046-07§2, 2007) 16.08.806 "Utility, sub -regional' shall mean: A facility for the distribution or transmission of services to an area requiring location in the area to be served including, but not limited to: (1) Telephone exchanges, (2) Water pumping or treatment stations, (3) Electrical switching substations, (4) Water storage reservoirs or tanks, Ordinance No. oil-io Page 49 of 67 (5) Municipal groundwater well -fields, and (6) Retention/detention facilities. (Ord. 046-07§2, 2007). 16.08.807 "Vacation Rental' shall mean: a self contained single-family residence including condominiums, apartments and detached residences that may rented by groups or individuals. Not to be confused with hotels/motels or bread and breakfast facilities. 16.08.808 "Variance" shall mean: The process and resulting approval through which a property owner, is entitled to privileges commonly enjoyed by other properties in the same vicinity and zone, that he/she would otherwise have been deprived because of special circumstances found to exist on the land. The adjustment in the application of this code shall remedy the disparity in privilege. A variance shall not be used to convey special privileges not enjoyed by other properties in the same vicinity and zone and subject to the same code restrictions. See POMC 16.35.150. (Ord. 046-07§2, 2007). 16.08.810 "Vegetation" shall mean: Any and all organic plant life growing at, below, or above the soil surface. (Ord. 046-07§2, 2007). 16.08.812 "Vegetation — native" shall mean: Vegetation comprised of plant species which are indigenous to the Puget Sound region and which reasonable could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. (Ord. 046-07§2, 2007). 16.08.814 "Veterinary clinic" shall mean: Establishments of licensed practitioners primarily engaged in the practice of veterinary medicine, dentistry, or surgery. Animal hospitals and spay and neuter clinics are included. Ancillary and/or subordinate uses to the veterinary clinic such as grooming or overnight boarding are permissible. (Ord. 046-07§2, 2007). 16.08.816 "Video billboard" shall mean: Any billboard or other outdoor sign, which uses television, computer projections, or other similar technology to project images to the public. (Ord. 046-07§2, 2007). 16.08.818 "View corridor" shall mean: A field of vision between buildings and/or vegetation that provides an unobstructed view across the subject property which leads to significant public or private views of natural features. (Ord. 046-07§2, 2007). 16.08.822 "Violation" shall mean: The violation of any provision of the conditions of any permit, approval, or other order issued pursuant to the regulations in the Land Use Regulatory Code. (Ord. 046-07§2, 2007). 16.08.824 "Wall frontage" shall mean: The length of an outside building wall on a public right- of-way. (Ord. 046-07§2, 2007). Ordinance No. oil-10 Page 5o of 67 16.08.826 "Wall plane" shall mean: The flat vertical surface on a building facade, which may include doors, windows, openings, or other incidental recessions that do not extend through to the roofline. (Ord. 046-07§2, 2007). 16.08.828 "Wall sign' shall mean: A sign attached, painted onto, or erected parallel to and extended not more than one foot from the facade or face of any building to which it is attached and supported throughout its entire length, with the exposed face of the sign parallel to the plane of said wall or facade. It is not to extend above the lowest point of a roof surface or the top of the building parapet or whichever is higher. (Ord. 046-07§2, 2007). 16.08.830 "Warehousing and wholesale trade" shall mean: Establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public which is classified as a retail use in this document. These establishments shall include SIC major group numbers 50 and 51 and SIC industry group number 422 and 423. (Ord. 046-07§2, 2007). 16.08.832 "Warehousing and storage —yards" shall mean: A land area of 2,000 square feet or more used for the storage of any material, including items for storage, sale, lease, processing, and repair (including vehicles), not in a structure comprised of at least 3 walls and a roof. Does not include a lot used for the sale of motor and/or marine vehicles. (Ord. 046-07§2, 2007). 16.08.834 "Wastewater treatment facility" shall mean: A plant for collection, decontamination, and disposal of sewage, including residential, industrial, and agricultural liquid wastes, and including any physical improvement within the scope of the definition of "water pollution control facility" set forth in WAC 173-90-015(4) as amended. (Ord. 046-07§2, 2007). 16.08.836 "Wetland" see RCW 90.58. (Ord. 046-07§2, 2007). 16.08.838 "Wildlife shelter" shall mean: A facility for the temporary housing of sick or wounded wildlife subject to licensing conditions by appropriate county and state officials. (Ord. 046- 07§2, 2007). 16.08.840 "Work release facility" shall mean: A facility which allows the opportunity for convicted persons to be employed outside of the facility, but requires confinement within the facility when not in the place of employment. (Ord. 046-07§2, 2007). 16.08.842 "Yard" shall mean: An unoccupied space, other than a court, unobstructed from the ground to the sky, which may include driveways, sidewalks, lamp posts, open patios, retaining walls, entrance steps, fences, and landscaping unless specifically otherwise provided. (Ord. 046-07§2, 2007). 16.08.844 "Yard — types" shall mean: (1) "Front yards" extend between side lot lines across the front of a lot adjoining a public Ordinance No. oii-io Page 51 of 67 street. In addition, a "front yard" shall extend between lot lines across the front of a lot that accesses from a private road. A property can have more than one "front yard". (2) "Side yards" means those yards extending along both side lot lines from the front yard to the rear yard. (3) "Rear yards" extend across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. (Ord. 046- 07§2, 2007). 16.08.846 "Yard waste processing facility" shall mean: A site where yard and garden wastes, including wood and land clearing debris, are processed into new products which include, but are not limited to, soil amendments and wood chips. (Ord. 046-07§2, 2007). Ordinance No. mi-ro Page 52 of 67 EXHIBIT B Chapter 16.65 SIGN REGULATIONS Sections: 16.65.000 Title. 16.65.005 Purpose. 16.65.020 Signs prohibited. 16.65.030 Signs not requiring permits. 16.65.040 Permit required. 16.65.050 Application for permits. 16.65.060 Permit fees. 16.65.070 Issuance of permits — inspection. 16.65.080 Requirements applicable to all signs. 16.65.090 Residential district signs. 16.65.100 Tremont Street Corridor Overlay District sign standards. 16.65.110 Commercial, mixed use, and employment district signs. 16.65.120 Downtown business core marquee signs. 16.65.130 Downtown business core sandwich/sidewalk signs. 16.65.135 Home occupation Signs. 16.65.140 Real estate signs. 16.65.150 Political signs. 16.65.160 Temporary and special events. 16.65.180 Nonconforming signs. 16.65.190 Comprehensive design plan permits. 16.65.200 Variances. 16.65.210 Enforcement procedures. 16.65.230 Violations — penalties. 16.65.000 Title. This chapter shall be known as the "Sign Code" 16.65.005 Purpose. The purpose of this chapter is to establish standards for the structural design, placement, size, and maintenance of all signs and sign structures within the City. 16.65.020 Signs Prohibited. The following types of signs are prohibited in the City: (1) Portable reader board signs; (2) Signs that create a safety hazard for pedestrians or motorists, as determined by the police chief or building official; (3) Signs imitating or resembling official traffic or government signs or signals, as Ordinance No. oii-io Page 53 of 67 determined by the building official or police chief, (4) Signs attached to trees, utility poles, street -lights, rocks, or other natural features; (5) Signs placed on vehicles or trailers, which are parked or located on publicly owned property for the primary purpose of displaying said sign. This does not apply to signs or lettering on buses and taxis or vehicles, which are advertising themselves for sale; (6) Rotating signs; (7) Displays for more than 30 consecutive days of banners, clusters of flags, posters, pennants, ribbons, streamers, strings of lights, spinners, twirlers, or propellers, flashing, rotating, or blinking lights, flares, balloons or inflated signs over 24 inches in diameter, and similar devices of a carnival nature are permitted on a limited basis pursuant to POMC 16.65.160. The same displays as described above can only be on the same property three times a year with a minimum of 30 calendar days between each time the displays are erected (see also POMC 16.65.160); (8) Searchlights and beacons, unless otherwise approved by conditions pursuant to POMC 16.65.160; (9) Video billboards; (10) Roof signs; (11) Signs that obstruct vision or which the building official determines to be a safety hazard for pedestrian or vehicular traffic. Such signs may be removed if they already exist; (12) Signs containing statements, words, and pictures of an obscene character; (13) Signs which do not conform in structure or material to International Building Code and/or Uniform Sign Code; (14) Flashing signs or lights facing public property; (15) Signs emitting pollutants. Any sign that emits audible sound, odor, or visible matter; (16) Signs located in or on public right-of-way or public property, with the following exceptions: (a) Signs that are attached to the downtown marquee and sandwich/sidewalk signs which meet the City standards for the downtown business core area signs pursuant to Resolution No. 1884; (b) Public transportation and City -owned signs. (17) Billboard Signs. (18) Off -premises signs except as specifically permitted in this Chapter. 16.65.030 Signs not requiring permits. The following types of signs are exempted from obtaining a sign permit, but must be in conformance with all other requirements of this chapter: (1) Real estate signs meeting the requirements of POMC 16.65.140. (2) Political signs meeting the requirements of POMC 16.65.150. (3) Temporary and special event signs meeting the requirements of POMC 16.65.160. (4) Non -electric signs not exceeding three square feet per face which are limited in content to the name of occupant and address of the premises in residential zones. (5) On -premises directional signs, not exceeding six square feet per face, the sole purpose of which is to provide for vehicular and pedestrian traffic direction, limited to one sign per ingress Ordinance No. oil-io Page 54 of 67 and one sign per egress. (6) Regulatory, informational, identification, or directional signs installed by or at the direction of a government entity. (7) Signs required by law. (8) Official public notices, official court notices, or official sheriffs notices. (9) One off -premises identification sign, not exceeding three square feet per face, for any fraternal, civic, or religious organization with an established operation in the City, which must be placed on a common sign base approved by City. (10) Signs or displays not visible from streets, ways, sidewalks, or parking areas open to the public. (11) The flag of government or noncommercial institutions, such as schools. (12) Point -of -purchase advertising displays, such as product dispensers. (13) "No trespassing," "no dumping," "no parking," "private" and other informational warning signs which shall not exceed six square feet in surface area. (14) Structures intended for separate use such as phone booths and recycling containers. (15) Reasonable seasonal decorations within the appropriate holiday season or civic festival season meeting the requirements in the definition for "Seasonal Decorations" in POMC Chapter 16.08. (16) Sculptures, fountains, mosaics, murals, and design features which do not incorporate advertising or identification. (17) All signs which are wholly within the interior portion of a building, including interior window signs; provided, that such signs shall not be in one of the categories prohibited by POMC 16.65.020. (18) Signs located on the interior sides of sports field fencing. (19) Garage sale signs. 16.65.040 Permit required. No sign, except for those exempted in this chapter, shall be erected, re -erected, attached, structurally altered or relocated by any person, firm or corporation without a sign permit issued by the City. In the case of electric signs, compliance with the National Electrical Code shall be included as a requirement of the sign permit. All sign permits shall be issued by the building official. No permit shall be required for repair, cleaning, repainting or other normal maintenance, nor for changing the message on a sign designed for changeable copy, as long as the sign structure is not modified in any way. In cases where a new business has moved into a building with existing signage, any re -facing or re -painting over an existing sign for the purposes of a new business requires a sign permit. 16.65.050 Application for permits. Applications for sign permits shall be made to the building official upon forms provided by the City. Such applications shall require: (1) Name, address, and telephone number of the sign owner; (2) Street address or location of the property on which the sign is to be located, together with the name and address of the property owner; Ordinance No. oil-io Page 55 of 67 (3) The type of sign or sign structure as defined in this chapter; (4) A site plan showing the proposed location of the sign, together with the locations and square footage areas of all existing signs on the same premises; (5) Specifications and scale drawings showing the materials, design, dimensions, structural supports, and electrical components of the proposed sign. 16.65.060 Permit fees. All applications for permits shall be paid when permit is picked up. Fees are based upon the City - adopted fee schedule in accordance with the International Building Code. 16.65.070 Issuance of permits — inspection. (1) The building official shall issue a permit for erection, alteration or relocation of a sign within 30 days of receipt of a complete application; provided that the sign complies with all applicable laws and regulations of the City. In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail. The building official may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application. A sign permit issued by the building official becomes null and void if work is not commenced within 60 days of issuance and is not completed within 180 days of issuance or is abandoned for a period of 180 days. Proof of ordering the sign constitutes commencement of work. Permits may be renewed one time with an additional payment of one-half of the original fee. (2) Any person installing, altering, or relocating a sign for which a permit has been issued shall notify the building official upon completion of the work. No sign shall be deemed approved until the building official has conducted a final inspection and indicated approval on the face of the sign permit. 16.65.080 Requirements applicable to all signs. (1) For the purpose of determining if a proposed sign permit should be issued pursuant to this section, the following criteria shall apply. In addition, signs shall be in compliance with the Uniform Sign Code of the International Conference of Building Officials, as adopted by the City. This section specifies, unless otherwise stated in this chapter, design criteria, construction standards, requirements for materials, and limitations on the projection and clearance of signs. Not less than one copy of said codes is on file in the office of the City clerk. Compliance with the Uniform Sign Code shall be a prerequisite to issuance of a sign permit under this chapter. (2) Electrical Requirements. Electrical requirements for signs within the City shall be governed by the National Electrical Code, 1984 Edition (or any superseding edition adopted by the City), promulgated by the National Fire Protection Association, which is adopted and made a part hereof by this reference. Compliance with the National Electrical Code shall be required by every sign utilizing electrical energy as a prerequisite to issuance of a sign permit under this chapter. (3) Sign Illumination. Illumination from or upon any sign shall be located, shaded, shielded, directed, or reduced so as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area, so as to avoid unreasonably distracting pedestrians or motorists, and from bodies of water as defined in the shoreline master program. "Undue brightness" Ordinance No. oil-10 Page 56 of 67 is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. (4) Sign Maintenance. All signs, including signs heretofore installed, shall be continually maintained in a state of security, safety, and repair. If any sign is found not to be so maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the premises on which the sign is located to repair or remove the sign within five days after receiving notice from the building official or his designee. The premises surrounding a freestanding sign shall be free and clear of rubbish and landscaped area free of weeds. (5) Landscaping for Freestanding Signs. All primary freestanding signs shall include landscaping at their base to prevent automobiles from hitting the sign -supporting structure and to improve the overall appearance of the installation. The planting area shall be a minimum of one square foot for each square foot of sign surface area and shall include a mix of native shrubs and groundcover (see POMC Chapter 16.50) so that at the time of installation a minimum of 25 percent of the required planting area is covered by plant material. If the landscaping is not installed concurrently with the sign, the applicant for a sign permit shall provide a performance assurance device. All required landscaping must be installed within 60 days of completion of the sign installation, unless the building official grants an extension in writing for reasons of weather, good planting practices, or unforeseeable construction delay. (6) Sign Inspection. All sign users shall permit the periodic inspection of their signs by the City upon request pursuant to this section. (7) Height of Signs. See district requirements, POMC 16.65.090, 16.65.100 and 16.65.110. (8) Placement of Signs. All signs must be properly supported and secured as determined by the building official. Signs may only face streets and parking lots. Signs may not be mounted on the back of buildings or areas not generally accessed by the public. Multiple occupancy complexes shall provide for a comprehensive signage plan, coordinating sign design, and placement. Signs shall be located on the premises unless otherwise authorized within this chapter. Signage placed or projecting into the public right-of-way shall be approved by the City Council or as otherwise authorized by this chapter. No sign shall be located as to obstruct or create hazardous conditions for motorists or pedestrians. All signs shall comply with the sight distance requirements of the land use code. (9) Sign design shall provide continuity with signage on the same or adjacent properties with respect to mounting location and height, proportions, materials, and other significant qualities. (10) Painted Signs — Mounting. Murals and graphics may be painted on plywood or other backing material or directly on the building wall itself (as approved by the building official). (11) Appearance of Signs. All signs shall have a professional appearance (as approved by the building official). (12) Abandoned Signs. Abandoned signs shall be removed or message coated out by the property owner or lessee within 30 days after the business or service advertised by the sign is no longer conducted on the premises. If the property owner or lessee fails to remove it, the building official shall give the owner 10 days written notice to remove it. Upon failure to comply with this notice, the building official may cause the sign to be removed at cost to the owner of the premises. Ordinance No. or1-io Page 57 of 67 The cost of removal will be twice the total cost of all labor, equipment, and material costs incurred by the City to include 100 percent labor overhead and 15 percent materials markup. Foundations, posts, and structure of the sign, with all advertising copy removed, may remain on the premises for up to three years with the owner's written consent, on the condition that same must be continuously maintained pursuant to this section. (13) Position of Signs. Signs shall face or be placed fronting public avenues or customer parking areas so as to not adversely affect neighboring properties. (14) Conflicting Provisions. Whenever two provisions or interpretations of this code overlap or conflict with regard to the size or placement of a sign, the more restrictive provision or interpretation shall apply. 16.65.090 Residential district signs. Signs established in any "R" zone must comply with the following provisions: (1) No sign in a residential district shall extend more than six feet above the elevation of the address street. (2) Street Address. All dwelling units in residential districts shall display house numbers, no less than four inches in height, readable from the street. (3) Temporary Sale Signs (Garage Sale, Estate Sale, etc.). (a) May contain up to three square feet per side and may be double -sided. (b) May be displayed no more than three days prior to the event and shall be removed 24 hours after the event is completed. (c) May not be displayed in or on public property. (d) There shall be no more than two such events advertised with temporary sale signs for any residence per year. (e) No such event shall continue for more than six days within a 15-day period. (4) Directional Signs. (a) May contain up to three square feet per side of allowable area and may be double -sided. (b) Limited to one sign per ingress and one sign per egress. (5) Residential Subdivisions and Multiple -Family Development Signs. (a) One monument sign up to 15 square feet in area per face at each entrance to the development or a single monument sign up to 32 square feet in area per face per development. (b) Directional and informational signs for the convenience of tenants and the public relative to parking, office, traffic movement, etc. (c) Sign height not to exceed six feet, measured from the ground to the top of the sign. (6) Real Estate for Sale or Rent Signs. See POMC 16.65.140. (7) Home Occupation Signs. See POMC 16.65.135. (8) Churches, Health Care Facilities, or Multi -unit Group Residence Signs. (a) Shall be limited to monument signs, which are no higher than six feet above Ordinance No. oil-io Page 58 of 67 the ground. (b) Size must comply with subsection (F) (1) of this section. (9) Conditional Uses. Signs for conditional uses shall comply with residential sign requirements. (10) Allowable Combinations of Sign Types. (a) There shall be no combination of permanent sign types on a single street frontage. (b) Total combined area of all exempt signs on any lot on a residential district shall not exceed three square feet. (11) Setbacks: No permanent sign shall be located closer than 10 feet to an internal property line or closer than 10 feet from the right-of-way line unless attached to a fence that meets all City codes. (12) Signs which are attached to fences shall not extend higher than the fence. 16.65.100 Tremont Street Corridor Overlay District sign standards. The purpose of this section is to regulate signs to create a common design theme within the Tremont Street Corridor Special Overlay District (TRMT). No person shall erect, re -erect, construct, enlarge, move, improve, remove, convert, or equip any sign or sign structure, or cause or permit the same to be done without a permit granted through the TRMT permit process. (1) General Sign Regulations. (a) No sign or any contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. (b) Internally illuminated signs are prohibited. All signs shall be constructed of natural materials. (c) No flags or pennants of any type may be utilized to draw attention to any use or structure on a permanent basis. Colored flags which contain no written insignias may be displayed two times a year for periods not to exceed 30 days. NOTE: This does not preclude national, state, or local flags, pennants, or banners which are displayed in observance of recognized holidays. (d) Signage on awnings shall be painted on the awning surface and be restricted to the awning's flap (variance) or to the end panels of angled, curved, or box awnings. (e) The identification of each building or store's address in 6 inch high numbers over the main entry doorway or within 10 feet of the main entry is required. (f) Corporate painting schemes (e.g. colored stripes, etc.) are considered a form of advertising and are considered a sign under these guidelines. (2) Specific Signs Regulations. (a) Monument signs. (i) Monument signs shall be measured by a rectangle around the perimeter, excluding the base. Under no circumstances may the sign exceed six feet in height or 24 sq. ft. in size, excluding the base. One monument sign is permitted per each development or lot of record. (ii) Each monument sign shall be located within a planted landscaped area Ordinance No. ol1-io Page 59 of 67 which is of a shape and design providing a compatible setting and ground definition, to a ratio of four (4) sq. ft. of landscaped area for each sq. ft. of sign area (one side only). (iii) Monument signs shall be constructed of natural materials, or appear to be constructed of natural materials, unless inconsistent with the building architecture. (iv) Backlit, neon and fluorescent lighted signs are not permitted. (b) Freestanding Signs. (i) All tenant signs shall be uniform in size and color. One style of typeface is preferred. (ii) The sign area for each tenant on a freestanding sign shall be proportional to the size of their respective store (large stores have larger signs compared to smaller stores and smaller signs). (iii) The number of tenant signs per freestanding sign shall be limited to the three largest tenants based on floor area. In no case will a freestanding sign identify more than three tenants. (iv) A minimum of 10% of the sign area of freestanding signs for large multi -story buildings or developments should be devoted to identification of the center or building by address and name. (v) Shall be placed perpendicular to traffic (vi) Shall be placed in raised planters with two (2) sq. ft. of landscaped area per each sq. ft. of sign area whenever possible. (vii) Shall be constructed of natural materials, unless inconsistent with the building architecture. (vii) Backlit, neon and fluorescent lighted signs are not permitted. (c) Wall signs. (i) The area around a painted wall sign, logo or any facsimile drawing attention shall be calculated by measuring a rectangle around the outside of letters or mural. (ii) The use of logos, corporate insignias, and corporate colors is permitted on any wall sign provided that these do not occupy more than 25 % of the sign area. (iii) No building signs shall be allowed above the bottom of the second floor window line (where one exists) except where a multi -story building has a sign panel just below the roofline for its name or a major tenant's name. (iv) The use of a graphic consistent with the nature of the product to be advertised is encouraged, e.g., hammer symbol for hardware store, mortar and pestle for a drug store. (v) Direct and indirect lighting methods are allowed providing they do not cause harsh or unnecessary glare. The use of can -type box signs with translucent backlit panels are not permitted on any structures. (vi) Individual backlit single cut letter signs are allowed. Ordinance No. oil-io Page 6o of 67 (vii) Sign colors are required to be compatible with individual building signs, freestanding and monument signs. (viii) The use of permanent sale or come-on signs is prohibited. The temporary use of these signs is limited to 30 days within a 90 day period. Signs affixed to windows may not occupy more than 20% of the window area. Each business is permitted a total of not more than 120 days of temporary signs per calendar year. (3) Sign Area. The area of a wall sign is calculated as follows: (a) Single Tenant: One sq. ft. of sign area per lineal bldg. frontage. Not to exceed 50 sq. ft. (b) Building Identification: One per street frontage. One-half square feet of lineal building lot frontage. Not to exceed 40 sq. ft. (c) Multiple Tenants: One per tenant. Not to exceed 10 sq. ft. (d) Wall Name Plate: One per tenant. Not to exceed 4 sq. ft. (e) Window Signs are considered wall signs. One per window is permitted; not to exceed 25% of window area. 16.65.110 Commercial, mixed use, and employment district signs. In all commercial districts, the following regulations and standards shall apply. (1) Each business building shall display a street address number identification sign readable from the street. The minimum height of the street address numbers shall be six inches. (2) Temporary Signs. Allowed. See POMC 16.65.160. (3) Directional Signs, such as entrance and exit signs, may contain an allowable area up to three square feet per side, may be double -sided and are limited to one sign per ingress and one sign per egress. Directional signs may not contain advertising copy other than the business logo, if applicable. (4) Projecting Signs shall not exceed 32 square feet per face; one sign per elevation per business is permitted; shall not project more than six feet from a building nor within two feet of the curb line; and shall not extend above the parapet or eaves line. (5) Freestanding Signs. (a) In a Commercial and Employment District the maximum height permitted is twelve feet and the maximum sign area may be equal to one square foot for each lineal foot of street frontage per sign face, not to exceed 90 square feet. (b) In a Mixed Use District the maximum height permitted is six feet and the maximum area permitted is equal to one square foot for each lineal foot of street frontage per sign face, not to exceed 50 square feet. (6) Wall Signs standards are as follows: (a) Allowable Area. One square foot for each lineal foot of wall frontage. No single sign face shall exceed 90 square feet. (b) No more than one per wall with frontage to a public street or parking area. (c) No sign shall extend above the parapet or eaves line. (7) Sandwich Boards/Sidewalk Signs. Must meet the following criteria: Ordinance No. oil-io Page 61 of 67 (a) Signs shall not exceed 24 inches by 36 inches. (b) Signs shall be placed on and directly in front of premises being advertised. (c) Signs are placed only during hours the business is open. (d) Signs shall not be placed within the road right-of-way, unless otherwise stated in Resolution No. 1884. See POMC 16.65.130 regarding downtown Bay Street. (e) Signs limited to one per street frontage. (8) Buildings with multiple tenancies shall be limited to one sign per street frontage along with one per tenant space to be placed immediately adjacent to the business entrance. Businesses must allow unobstructed sidewalk or walkway width of four feet. (9) Gas station/convenience store signs must comply with the following standards: (a) Gas price signs must be permanently anchored and the sign area shall not exceed 12 square feet and no more than one per street frontage. (b) Canopy Signage shall not be included in determining the total sign area of a business, is limited to logo shields and no product advertising is permitted on spandrels, canopy, or columns. (10) On any street frontage, the only allowable combinations of signs are: (a) Wall sign and freestanding sign. (b) Projecting signs and freestanding sign. (11) Setbacks. Signs under this section may have zero -foot setbacks. 16.65.120 Downtown Marquee signs. (1) Abutting property owners can use that portion of the marquee which is within the extended property lines to advertise those businesses which are located on the subject property. All marquee signs shall have a building permit to confirm location, design standards, and structural connection. The City is authorized to relocate or remove any sign on the marquee or in the public right-of-way that does not conform to City standards. No sign shall advertise a business that is not located on the abutting Bay Street property. No temporary signs or banners shall be allowed on the marquee, except those installed by the City. No display of merchandise shall be hung from the marquee. (2) Allowable Area for Marquee Signage. One square foot for each lineal foot of wall frontage. Marquee sign is part of the total usable signage for the site. No single sign face shall exceed 32 square feet. The property owner of a multiple occupancy building will be responsible for the division of usable signage and signs shall be spaced evenly. (3) Design Criteria. (a) The signs shall be mounted flush to the marquee railing. (b) The sign is to be centered on the horizontal plane of the marquee and shall not extend above the top or bottom of the marquee railing face. Sign shall be placed directly in front of business. Proportional size length to width approximately with ratio of 2:1 minimum. (c) All signs shall have a professional appearance. (d) No sign is to have a right angle corner. (e) Exterior lighting directed from the top portion of the sign is allowed. A clearance of 14 feet for commercial vehicles must be permitted. The lighting must be Ordinance No. oil-ro Page 62 of 67 shielded from traffic and avoid undue brightness. See POMC 16.65.080(2). Subject to permit and design criteria. (f) Signs under the marquee shall be placed to allow seven feet clearance above the sidewalk. The sign shall be rectangular in shape, not to exceed six square feet, comer treatment is as follows, and shall be installed per City standards. (g) Any movie theater with more than 150 seats is exempt from the standards of this section, but must meet requirements of POMC 16.65.110. (h) Changeable letter strips may be added to a marquee sign for those businesses that pay a state/local admission tax for use of entertainment advertising only. 16.65.130 Downtown business core sandwich/sidewalk signs. (1) Existing and proposed sidewalk signs are permitted only within the mixed use district, between Water Street and Harrison Avenue on Bay Street. These signs shall meet the specific standards and requirements in this section (2) Sidewalk signs require a sign permit. A copy of the approved sign permit shall be legibly attached to the underside of the sign at all times. Any applicant for a sidewalk sign permit shall be required to sign a hold harmless/indemnification agreement and shall provide evidence that the applicant maintains liability insurance in an amount as required by the building official naming the City of Port Orchard as an additional insured. Said coverage shall not be canceled or modified without 30 calendar days prior to written notice to the building official. Failure to maintain such insurance coverage shall result in revocation of the permit. Any applicant for a sidewalk sign permit shall sign a statement that the applicant agrees to adhere to the standards and requirements set forth in this chapter, and if not, the sign may be removed by the City and/or the sign permit revoked. (3) Number, Size and Location. Maximum of one sidewalk sign per business permitted, including businesses having more than one street frontage. The sign shall be placed in front of and on the same side of the street as the building or establishment which it advertises. (a) Buildings with multiple tenants who have access from a common entrance are permitted one sidewalk sign per building upon which all interior tenants may be advertised. (b) Maximum size of sidewalk sign shall be six square feet per sign face, witha maximum of two sign faces per sign. (c) Maximum height of sign shall be 36 inches above the sidewalk, walkway, or plaza upon which it is placed, and no materials (such as paper, balloons, windsocks, etc.) may be added to the sign to increase its height. The height of such signs may not be artificially increased above the allowed maximum by the placement of material underneath. Maximum width of sign shall be 24 inches. (d) No sign may be placed in such a way as to reduce the continuous unobstructed width of a sidewalk or walkway to less than four feet. (e) No sign may obstruct an entrance to a building or any steps. (f) No sign may be placed within a required vision clearance triangle, as defined by this chapter, or within 20 feet of a wheelchair ramp. Ordinance No. oil-ro Page 63 of 67 (g) No second party advertising shall be permitted on such signs. (h) Owners are responsible for the removal of their sidewalk sign following business hours and during periods of strong winds. (4) Materials. Signs shall be constructed of weather -resistant materials, such as wood, plastic, or metal. Signs constructed of impermanent materials, including but not limited to cardboard and paper, are prohibited. No sign shall contain foil, minors, bare metal, or other reflective materials, which could create hazardous conditions to motorists, bicyclists, or pedestrians. No sign may contain lights of any kind. 16.65.135 Home occupation signs. (1) The sign shall not exceed four square feet. (2) The sign shall be set back a minimum of ten feet from the property line, unless sited on an otherwise permitted fence. (3) Freestanding and fence mounted signs can be no higher than six feet as measured from the top of the sign to the ground. 16.65.140 Real estate signs. All exterior real estate signs must be of a durable material. Only the following real estate signs are permitted: (1) Residential for Sale or Rent Signs. Signs advertising residential property for sale or rent shall be limited to one single -faced or double-faced sign per street frontage. Such signs shall not exceed four square feet per face, and must be placed wholly on the subject property. Such signs may be displayed while the property is actually for sale or rent. A sold sign may remain up for 10 days after the occupancy of residential property. (2) Residential Directional Signs. Signs advertising an open house and the direction to a residence for sale or rent shall be limited to three single -faced or double-faced off -premises signs. Such signs may not exceed four square feet per face. Such signs are permitted only when a real estate agent or seller is in attendance at the property for sale, and not overnight. Such signs may not be placed in the public right-of-way, nor shall they be placed on a sidewalk or in any location where they would cause a public hazard as determined by the police chief and/or building official. (3) Commercial or Employment for Sale or Rent Signs. Signs advertising commercial or employment property for sale or rent shall be limited to one single -faced or double-faced sign per street frontage. Signs may be displayed while the property is actually for sale or rent up to one year. If at that time property is not sold or rented, a permanent sign is required. The signs shall not exceed 32 square feet per face. If freestanding, the signs shall not exceed five feet in height and shall be located at least 15 feet from any abutting interior property line and wholly on the property for sale or rent. In applications where constant leasing/rentals occur, a permanent sign may be erected on the property in accordance with the permanent sign requirements. (4) Temporary Subdivision Signs. Signs advertising residential subdivisions shall be limited to one single -faced or double-faced sign per street frontage. Such signs shall not exceed 32 square feet per face and shall not exceed 10 feet in height. They shall be set back at least 10 feet from any abutting interior property line and shall be wholly on the property being subdivided and sold. Ordinance No. oii-io Page 64 of 67 16.65.150 Political signs. Signs, posters, or bills promoting or publicizing candidates for public office or issues that are to be voted upon in a primary, general, or special election may be displayed on private property in accordance with the following restrictions: (1) Political signs can be posted 120 days before a special election and 60 day prior to the primary or general elections, and shall be removed within seven days after the election; (2) Prohibited on Public Property. It is unlawful for any person to paste, paint, affix, or fasten any political sign on a utility pole or on any public right-of-way, property, building, or structure. (3) Responsibility for Compliance. It shall be presumed that any violation of this section was done at the direction and request of the political candidate and/or campaign director. 16.65.160 Temporary and special events. Except as otherwise provided below for certain special categories, temporary and special event signs shall not exceed 32 square feet in area per face. In addition, temporary and special event signs shall not be allowed without first being requested in writing and reviewed by the building official or his designee, who may impose conditions of approval. (1) Construction Signs. Construction signs identify the architects, engineering, contractors, or other individuals or firm involved with the construction of a building and announce the character of the building or the purpose for which the building is intended. Such signs may be displayed only after a building permit is obtained and during the period of construction on the construction site. Only one such sign is permitted per street frontage. No construction sign shall exceed 32 square feet per face or 10 feet in height, nor shall it be located closer than 10 feet from an interior property line. Construction signs shall be removed by the date of first occupancy of the premises, or upon expiration of the building permit, whichever first occurs. (2) Grand Opening Displays. Temporary signs, posters, banners, strings of lights, clusters of flags, blinking lights, balloons, searchlights, and beacons are permitted for a period not to exceed 30 days to announce the opening of a completely new enterprise or the opening of an enterprise under new ownership. All such signs and materials shall be located on the premises being advertised and shall be removed immediately upon expiration of said 30-day period. (3) Special Sales and Events. Temporary signs, posters, banners, strings of lights, clusters of flags, balloons, searchlights, and beacons are permitted for the limited purpose of announcing a retail sale or special event in business or commercial zones, but not on a routine basis. All such advertising material shall be located on the premises being advertised limited to one per road frontage per business or multiple occupancy complex and shall be removed immediately upon expiration of said special sale or event. Such special sale or event shall be limited to a 30-day period. (4) Quitting Business Sales. Temporary signs, posters, and banners are permitted for a period of 30 continuous days for the purpose of advertising quitting business sales, liquidation sales, or other events of a similar nature. All such signs shall be located on the premises being advertised and shall be removed immediately upon expiration of the 30-day period, or conclusion of the sale, whichever occurs first. Ordinance No. on-io Page 65 of 67 (5) Seasonal lighting shall be permitted on the downtown marquee and over the street for a period of 30 days. (6) Product Advertising Signs. A banner whose primary objective is to advertise a specific product or brand name and is located outside the business building shall be limited to 30 days per product and/or sign every six months. 16.65.180 Nonconforming signs. (1) Signs existing on the date of adoption of the ordinance codified in this chapter, which do not conform to the specific provisions of this section, shall be deemed to be legal nonconforming signs which are exempt from the provisions of this section only on the following conditions: (a) The sign was lawfully erected in full compliance with all codes which were then applicable. (b) The sign does not endanger the public health, safety, or welfare. (c) The sign does not lose its nonconforming status as provided in subsection (2) of this section; provided, that nonconforming status shall not apply to temporary, special event, real estate, or portable signs, or to any sign on public right-of-way; provided further, that portable reader board signs which meet the nonconforming criteria specified in subsection (1) of this section shall be granted a phase -out period of 12 months from the adoption of the ordinance codified in this chapter or until they lose their nonconforming status as provided in subsection (2) of this section, whichever occurs first. (2) A legal nonconforming sign may lose said designation if any of the following occur: (a) If the sign is not continuously maintained and repaired as required by POMC 16.65.080. (b) If the sign structure is relocated or replaced (not to include a mere change of advertising copy). (c) If the structure or size of the sign is altered in any way to make it more nonconforming with the provisions of this section. This does not refer to a change of copy or normal maintenance. (d) If the sign suffers more than 50 percent appraised damage or deterioration. (3) A sign permit shall not be issued if the application requests a nonconforming sign to be modified, enlarged, extended, constructed, reconstructed, moved, or structurally altered in such a manner that would continue to keep the sign out of conformance with this chapter. (4) The owner may continue using the nonconforming sign for a period determined by use of the table contained in this section. At the expiration of any such period, the owner shall at his/her expense either remove the sign and its' supporting members or modify or replace it so as to bring it into compliance with the requirements and standards of this chapter. As used in the table, time limitation means the period which begins to run when the building official mails notice of the valuation of the sign to the owner of real property on which it is situated, as disclosed by the most recent county assessor's rolls. The value of sign means the valuation determined by the building official, who may consider evidence of the sign's original cost, replacement cost, salvage value, adjusted basis for income tax purposes and fair rental value, to the extent such evidence is available. Ordinance No. oil-ro Page 66 of 67 The owner may appeal to the City Council. Such appeal shall be filed within 60 days of the building official's notice and shall present evidence that the sign was in accordance with the requirements of the municipal code in force at time the sign was erected. Value of Sign Time Limitation $1,000 or less One year More than $1,000, but less than $10,000 Three years $10,000 or more Five years (5) The owner may appeal to the Building Appeal Board. Such appeal shall be filed within 14 days of the date of the building official's notice. The burden of proof shall be on the appellant to establish that the sign was in compliance with City codes that were in force at the time the sign was erected, re -erected, or otherwise altered. 16.65.190 Comprehensive design plan permits. Application may be made to the Hearing Examiner for special consideration whereby deviations from the requirements and restrictions of this chapter may be permitted when an applicant is using a comprehensive design plan to integrate signs into the framework of the building or buildings, landscaping, and other design features of the property, utilizing an overall design theme. Comprehensive design may be used on an existing building where the facade is being altered, when there is new construction, or in freestanding signs. These permits are not to be confused with the procedures for obtaining variances for hardship or unusual circumstances. Rather, these permits are based upon the applicant satisfying the Hearing Examiner that an exceptional effort has been made toward creating harmony between the sign, the building, and the site where it is located through use of a consistent design theme which complements and enhances surrounding natural beauty of the area. The comprehensive design plan shall be presented to the Hearing Examiner with a narrative describing the proposed plan. (1) Comprehensive design plan permits criteria. The Hearing Examiner shall assess the applicant's information using the following criteria: (a) The proposal manifests exceptional visual harmony between the sign, buildings, and other components of the subject property through the use of a consistent design theme. (b) The sign or signs promote the planned land use in the area of the subject property and enhance the aesthetics of the surrounding area. (c) The sign and its placement do not obstruct or interfere with any other sign or property in the area or obstruct natural scenic views. (d) The proposed plan is aesthetically superior to what could be installed under existing criteria in this chapter. 16.65.200 Variances. (1) Variance applications shall be processed pursuant to the procedures for zoning Ordinance No. oil-ro Page 67 of 67 variances specified in POMC 16.35.150. (2) Variances for height of signs in a residential district, POMC 16.65.090, may be processed as an administrative variance by the Planning Director. 16.65.210 Enforcement procedures. (1) The building official or his designee shall have jurisdiction to administratively enforce the provisions of this chapter. Upon presentation of proper credentials, the building official or his duly authorized representative may, at all reasonable times enter upon any premises to inspect the same for violations of this chapter. All signs for which a permit is required are subject to periodic inspection by the Code Enforcement Officer. (2) The building official may use the following administrative methods of enforcing the provisions of this chapter: (a) In cases where the building official determines that a sign presents an immediate threat to the safety of the public, or a sign is unlawfully located on public property, the building official may order the sign to be immediately removed by the owner or by the City at the owner's cost. (b) In cases where a sign is erected or installed without a permit in violation of this chapter, the building official shall give written notice by certified mail to the owner to comply with the provisions of this chapter or remove the sign within 48 hours. If compliance within 48 hours is not obtained, the building official may order the sign to be removed by the owner or by the City at the owner's cost. These 48 hours serve as the administrative warning period. (c) In all other cases where the building official identifies a violation of any provision of this chapter, he shall give 10 days' notice, in writing by regular and certified mail, to the owner to bring the sign into compliance with this chapter or to remove it. Upon failure to comply with said notice, the building official may issue a civil infraction and order the sign removed by the owner or by the City at the owner's cost. (3) As used in this section, the term "owner" shall refer to the owner of the sign in question; provided, that if the building official is unable, after reasonable efforts, to determine the identity of the owner of the sign, the building official may notify, instead, the owner of the real property on which the sign is located, and may rely upon the name and address of such owner as it appears in the records of the Kitsap County assessor. 16.65.230 Violations — penalties. After the administrative warning period referred to in POMC 16.65.210(B)(2) has expired, any person, business, or corporation violating a provision of this chapter shall be construed as having committed a civil infraction and, upon a finding of liability, shall pay a civil penalty of not more than $250.00. Each day a violation exists shall be considered a separate infraction. Any person, firm, or corporation interfering with the Code Enforcement Officer's enforcement of this chapter may be cited under the City's criminal code for the offense of obstructing a public officer. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 8,76-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: Adoption of Ordinance No. 012-10, _Approving the South Sedgwick Annexation, File No. A-22-10 Meeting Date: June 22, 2010 Prepared by: James R. Weaver, Development Director Atty Routing No: NA Atty Review Date: NA Summary: A public hearing was conducted earlier this evening regarding Ordinance No. 012-10, for the annexation of twenty-four parcels which total approximately 95.11 acres, and the associated rights -of -way, located in the vicinity of the intersection of Sedgwick Road (State Route 16o), Stare Route 16, Ferate Avenue and Meline Road, within Sections 10 and 11, Township 23 North, Range 1 East, W.M., Kitsap County, Washington, (Tax Parcel Nos. 112301- 3-010-2007, 112301-3-009-2000, 112301-3-003-2oo6, 112301-3-048-2003, 112301-3-005- 2004, 112301-3-047-2004, 112301-3-oo8-2001, 112301-3-011-2oo6, 112301-3-012-2005, 112301-3-014-2003, 112301-3-040-2001, 102301-4-017-2009, 102301-4-023-2001, 102301-4- 051-2oo6, 102301-4-052-2005, 102301-4-053-2004, 48o0-000-023-o1o6, 4800-000-023- 0205, 112301-3-002-2007, 4800-000-024-0006, 4800-000-013-0009, 4800-000-012-0000, 4800-000-oo9-0005, and 4800-000-025-0005). With approval of this ordinance, these properties will have interim City of Port Orchard Zoning and Comprehensive Plan designations as follows: a Comprehensive Plan designation of Residential: High Density and Rao zoning for Tax Parcels 4800-000-023-0205, 4800-000-024-0006 and 4800-000-oo9-0005; a Comprehensive Plan designation of Residential: Low Density and R4.5 zoning for Tax Parcels 4800-000-013-0009, 4800-000-012-00oo, and 4800-000-025-0005; and a Comprehensive Plan designation of Commercial and Commercial Retail/Office zoning for the remainder of the parcels, to become effective upon annexation. Recommendation: Adopt Ordinance No. 012-10 Motion for consideration: I move to adopt Ordinance No. 012-1o, approving the South Sedgwick annexation request of twenty-four parcels that total approximately 95.11 acres and the associated public right-of-way, and the assumption of City indebtedness by the area to be annexed upon annexation. Fiscal Impact: None. Alternatives: Take no action. Attachments: Ordinance No. 012-10 City of Port Orchard City Clerk's Office 216 Prospect Street Port Orchard, WA 98366 Introduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: June 22, 2010 Adopted: ORDINANCE NO. oil-io AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ANNEXING CERTAIN REAL PROPERTY TO THE CITY CONSISTING OF APPROXIMATELY 95.11 ACRES IN THE VICINITY OF SEDGWICK ROAD AND STATE ROUTE 16, REQUIRING THE ANNEXED PROPERTY TO BE ASSESSED AND TAXED AT THE SAME RATE AND BASIS AS OTHER PROPERTY WITHIN THE CITY, ESTABLISHING COMPREHENSIVE PLAN AND ZONING DESIGNATIONS FOR THE PROPERTY, AND ESTABLISHING AN EFFECTIVE DATE OF THE ANNEXATION PROPERTY LOCATION: SITUATED WITHIN SECTION 10 AND SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. ASSESSOR'S ACCOUNT NUMBERS: 112301-3-010-2007, 112301-3-009- 2000,112301-3-003-20o6,112301-3-048-2003,112301-3-005-2004,112301- 3-o4y-2oo4, 112301-3-o08-2001, 112301-3-011-20o6, 112301-3-012-2005, 112301-3-014-2003,112301-3-040-2001,102301-4-017-2009,102301-4-023- 2001,1o2301-4-o51-20o6,102301-4-052-2005,1o2301-4-o53-2004,4800- 000-023-01o6,4800-000-023-0205,112301-3-002-2007,48o0-000-024- 0006,4800-oao-013-0009,4800-000-012-0000,4800-000-009-0005, and 4800-000-025-0005. Ordinance No. 012-10 Page 2 of 5 WHEREAS, on February 18, 2010, the City received a notice of intent to petition for annexation for twenty four parcels consisting of approximately 95.11 acres located in the vicinity of Sedgwick Road (State Route 160) and State Route 16, as legally described and geographically depicted in Exhibit "A" attached hereto and incorporated by this reference; and WHEREAS, the initiating parties are the owners of real property with a value in excess of ten percent (10%) of the value of the property for which annexation is petitioned; and WHEREAS, a meeting was held on March 23, 2010, between the initiating parties of this annexation and the Council of the City of Port Orchard, at which time the Council accepted the notice of intention to commence annexation proceedings and authorized the circulation of an annexation petition for annexation of the real property legally described and geographically depicted in Exhibit "A" attached hereto. At the meeting the Council also determined that it would require the simultaneous adoption of zoning and Comprehensive Plan designations, and the assumption of city indebtedness by the area to be annexed upon annexation; and WHEREAS, a petition to annex to the City of Port Orchard was circulated and on May 19, 2010 was filed with the City, and was certified by the Kitsap County Assessor as containing the signatures from owners of not less than sixty percent (60%) in value, according to the assessed valuation, of the property for which annexation is petitioned; and WHEREAS, in December 2oo6 Kitsap County added the property legally described and geographically depicted in Exhibit "A" to the City of Port Orchard UGA and designated Parcels 112301-3-010-2007,1123m-3-009-2000,112301-3-003-2oo6,112301-3-048-2003,112301-3-005- 2004,112301-3-047-2004,112301-3-oo8-2001,112301-3-ou-2oo6,1123m-3-012-2005,112301-3- 014-2003, 112301-3-040-2001, 102301-4-017-2009, 102301-4-023-2001, 102301-4-051-2oo6, 102301-4-052-2005, 102301-4-053-2004, 4800-000-023-0106, and 112301-3-002-2007 Highway/Tourist Commercial (HTC) on the Comprehensive Plan map and Highway/Tourist Commercial (10-3o DU/Ac) on the zoning map; and designated Parcels 4800-000-024-0006, 4800- 000-013-0009,4800-000-012-0000,4800-000-009-0005,4800-000-023-0205,and48o0-000- 025-0005 Urban Low -Density Residential on the County Comprehensive Plan map and Urban Low Residential (4-9 DU/Ac) on the County zoning map; and WHEREAS, RCW 35.13.177 allows the City to prepare Comprehensive Plan and zoning designations to become effective upon the annexation of any area which might reasonably be expected to be annexed by the City at any future time; and WHEREAS, pursuant to RCW 35.13.177 and .178, the City Council adopted Ordinance No. 042-08 designating the proposed annexation Commercial on the City's Comprehensive Plan and Commercial Retail/Office zoning on the City's zoning map for Tax Parcels 112301-3-010-2007, 112301-3-009-2000,1123m-3-003-2oo6,112301-3-048-2003,112301-3-005-2004,112301-3-047- 2004,112301-3-oo8-tom,1123m-3-011-2oo6,112301-3-012-2005,112301-3-014-2003,1123m-3- 040-2001, 102301-4-017-2009, 102301-4-023-2001, 102301-4-051-2006, 102301-4-052-2005, 102301-4-053-2004, 4800-000-023-o1o6, and 112301-3-002-2007;and designating Low Density on the City's Comprehensive Plan and Residential: `R4.5" on the City's zoning map for Tax Parcels 4800-000-023-0205,4800-000-024-0006,4800-000-009-0005,4800-000-013-0009,4800- Ordinance No. 012-10 Page 3 of 5 000-012-0000, and 4800-000-025-0005, to become effective upon annexation; and WHEREAS, the Port Orchard Planning Commission held a public meeting on June 21, 2010 and adopted Resolution 003-ro recommending approval of the petition for annexation, with a Comprehensive Plan designation of Commercial and Commercial Retail/Office zoning for Tax Parcels 1123o1-3-mo-2oo7,1123m-3-oo9-2000,112301-3-003-20o6,1123m-3-o48-2003,112301- 3-005-2004, 112301-3-047-2004, 112301-3-008-2001, 112301-3-011-2oo6, 112301-3-012-2005, 112301-3-014-2003,112301-3-040-2001,102301-4-017-2009,1o23m-4-o23-2001,102301-4-051- 20o6,102301-4-052-2005,102301-4-053-2004, 4800-000-023-oro6, and 112301-3-002-2007; a Comprehensive Plan designation of Residential: High Density and R20 zoning for Tax Parcels 4800- 000-023-0205 , 4800-000-024-0006, and 4800-000-009-0005; and a Comprehensive Plan designation of Residential: Low Density and R4.5 zoning for Tax Parcels 4800-000-013-0009, 4800-o00-012-000o, and 4800-000-025-0005, to become effective upon annexation; and WHEREAS, pursuant to RCW 35.63.200, the City Council finds it is necessary to adopt interim zoning controls for parcels 4800-000-023-0205, 4800-000-024-0006, and 4800-000-009- 0005 until such time as the Comprehensive Plan amendment process for 2010 is completed and that such interim zoning for these parcels is justified because: the parcels will be served by adequate public sewer, water supply, roads, and other needed public facilities; the parcels are adjacent to areas of Urban High -Intensity Commercial/Mixed Use and Residential/High Density designations within the City; and the interim zoning designation of "R20" single/multiple family detached/attached for parcels 4800-000-023-0205, 4800-o00-024-0006, and 4800-000-oo9-0005 is consistent with the uses in the surrounding area. WHEREAS, pursuant to RCW 35.13.140, a public hearing was held on June 22, 201o, and was duly noticed through publication in a newspaper of general circulation in the City and the proposed annexation area, and through posting of a hearing notice in three public places within the territory proposed for annexation, specifying the time and place of the hearing and inviting interested persons to appear and voice approval or disapproval of the annexation and the property's future comprehensive plan land use designation; and WHEREAS, the City Council has been fully advised and finds that all statutory requirements have been satisfied in order to accomplish the proposed annexation and that it is in the best interest of the City to approve the proposed annexation as presented and require the assumption of all or any portion of City indebtedness by the area to be annexed; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION i. The unincorporated real property located in Kitsap County, Washington, contiguous to the City of Port Orchard and legally described and geographically depicted in Exhibit "A" attached hereto and incorporated herein by this reference, is hereby annexed to and made part of the City of Port Orchard, Kitsap County, Washington. SECTION 2. As provided in the annexation petition, all property within the territory annexed shall be assessed and taxed at the same rate and on the same basis as other property within Ordinance No. 012-10 Page 4 of 5 the City of Port Orchard, including assessments or taxes in payment of all or any portion of the outstanding indebtedness of the City contracted for, incurred prior to, or existing on, the effective date of this annexation. SECTION R. Based on the findings of fact set forth in the above recitals, the City Council hereby determines that an emergency exists justifying the adoption of interim zoning controls for parcels 4800-000-023-0205, 4800-000-024-0006, and 4800-000-009-0005, as depicted on Exhibit "B" attached hereto and incorporated by this reference. Pursuant to RCW 35.63.200, there is hereby adopted an interim Comprehensive Plan designation of Residential: High Density and an interim Zoning designation of "R2o" for parcels 4800-000-023-0205, 4800-o00-024-0006, and 4800-000-009-0005. As long as the interim zoning controls are in effect, all land use and development within the Property shall be subject to the City's land use and development regulations in effect for "R20" single/multiple family detached/attached zoning. SECTION a. The interim Comprehensive Plan designation of Residential: High Density and Zoning designation of "R20" single/multiple family detached/attached for parcels 4800-000-023- 0205, 4800-000-024-0006, and 4800-000-009-0005 shall be included in the City's annual Comprehensive Plan amendment process for 2010 for review and designation as appropriate. The interim zoning controls shall take effect upon annexation to the City. SECTION .q. This annexation will become effective thirty (3o) days after the expiration of the 45-day review by Kitsap County Boundary Review Board, if the Kitsap County Boundary Review Board's jurisdiction is not invoked. If Boundary Review Board jurisdiction is invoked pursuant to RCW 36.93.100, then this annexation will become effective thirty (3o) days after the Boundary Review Board's approval of the proposed annexation. SECTION 6. Pursuant to RCW 35.13.270, following adoption of this ordinance, the Planning Department shall provide notification, by certified mail, that includes a list of annexed parcel numbers, to the Kitsap County Treasurer and Kitsap County Assessor at least thirty (3o) days before the effective date of the annexation. The Planning Department shall also give such notice to the Fire District and Library District, as appropriate, simultaneously when notice of the proposed annexation is provided to the Kitsap County Boundary Review Board. SECTION 7. Following adoption of this ordinance, the City Clerk is hereby directed to file a certified copy of this Ordinance with the Kitsap County Board of Commissioners. The Clerk is further directed to file a certificate of annexation with the State Office of Financial Management as directed by RCW 35.13.26o. SECTION 8. Following adoption of this annexation ordinance, the City shall file a Notice of Intent to Annex with the Kitsap County Boundary Review Board pursuant to RCW 36.93.090. SECTION o. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. Ordinance No. 012-10 Page 5 of 5 SECTION io. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 22nd day of June 2010. ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Lary Coppola, Mayor Sponsored by: Gregory A. Jacoby, City Attorney John Clauson, Councilmember Exhibit A Legal Description South Sedgwick Annexation Those portions of Section 11, Township 23 North, Range I East, W.M., Kitsap County, Washington, described as follows: The East Three -Quarters of the North Quarter of the Southwest Quarter; And Lots B and C of Short Plat No. 382 recorded under Auditor's File No. 1118531, records of Kitsap County; And all that portion of Sidney Road lying within the South 400 feet of the Northwest Quarter of the Southwest Quarter; AND those portions of the plat of Richland Acre Tracts, recorded in Volume 3 of Plats, page 18, records of Kitsap County, Washington, described as follows: Beginning at the northwest corner of Tract 8 of the plat of Richland Acre Tracts, recorded in Volume 3 of Plats, page 18, records of Kitsap County; thence easterly along the north line thereof 15 feet; thence southerly along the east line of the West 15 feet of said Tract 8 to the north line of that parcel deeded to Kitsap County by State of Washington Highway Commission Deed recorded under Auditor's File No. 1117232, records of Kitsap County and being a point opposite and easterly of Highway Engineer's Station B 3+00 as depicted on Sheet 14 of that Right -of - Way and Limited Access Plan titled SR 16, Olympic Drive to Tremont Street, dated January 18, 1974 and filed in the office of the Department of Highways, Olympia, Washington; thence easterly along said north line to a point opposite Station B 3+00 and 25 feet easterly therefrom; thence southerly in a straight line to a point opposite Station A 2+19 as depicted on said plan; thence southwesterly on a line perpendicular to the NB line as depicted on said plan to the northeasterly right-of-way margin of SR 16; thence northwesterly along said right-of-way margin to the north line of Tract 13 of said plat; thence easterly along said north line and the easterly extension thereof to the point of beginning; And Tracts 23 and 24 and the West 30 feet adjoining; Except the North 50 feet of Tract 24; And Tracts 25 and 26 and the East 15 feet adjoining; Except that portion previously annexed into the City of Port Orchard under Ordinance No. 008-09; And all those portions of the following described parcels lying northeasterly of the northeasterly right-of-way margin of SR 16: Tracts 9 thin 12'/2, inclusive, and the East 15 feet adjoining; Tract 22; Cedar Road (platted as County Road) lying between Tracts 12 and 12 t/2; AND all that portion of Ferate Avenue (platted as Jackson Street) lying within the plat of Bremerhust, recorded in Volume 3, page 49, records of Kitsap County, Washington; AND that portion of Section 10, Township 23 North, Range I East, W.M., Kitsap County, Washington, described as follows: The North Half of the Southeast Quarter; Except any portion of Glenwood Road SW and SW Sedgwick Road lying southwesterly of the following described line: Beginning at the southwest corner of Lot B of Short Plat No. 6678-RI, recorded under Auditor's File No. 3224933, and filed in Volume 15 of Short Plats, page 228, records of Kitsap County, and being a point on a curve on the southeasterly right-of-way margin of SW Sedgwick Road; thence on a radial bearing to said curve northwesterly to the northwesterly right-of-way margin of NW Glenwood Road and the terminus; Also Except those portions previously annexed into the City of Port Orchard under Ordinance Nos. 1659, 1900, 022-08, 024-07, and 030-07. Legal Description for South Sedgwick Annexation as provided by Kitsap County Public Works— March 25, 2010 ; 1.�ia i« a Alp I w ----il I a 1111 MIN I� 111�3 i City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 1 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7C Meeting Date: June 22nd, 2010 Subject: Adoption of Resolution No. 023-10, Prepared by: Mark R. Dorsey, P.E. Modifying Parking Restrictions on Public Works Director Advantage Avenue and Repealing a Atty Routing No: NA Portion of Resolution No. 014-05 Atty Review Date: June 17, 2010 Summary: WAC 3o8.330.27o authorizes the City to adopt regulations to prohibit, regulate or limit stopping, standing or parking of vehicles within the City. POMC Section 10.12.o8o(1) authorizes the City Council to establish parking prohibitions and restrictions on portions of certain specific streets. On June 27, 2005, the City Council adopted Resolution No. 014-05, thereby authorizing the City Council to establish regulations and fees related to parking, stopping or standing in certain areas of the City. At the June 8, 2010 Public Property meeting, the Committee received a petition signed by 7 of the 8 residents that live along the north 350-ft of Advantage Avenue within the Pottery Heights subdivision. Currently, parking is not allowed on either side of the street. The petitioners are requesting that parking be allowed on the east side of Advantage Avenue and at the north end of the street, but that parking restrictions remain in effect along the west side of the street. The petition was circulated at the request of the City in order was resolve this matter. In addition, the City's Public Works Department met onsite with Waste Management and SK Fire & Rescue to review the implications associated with changes to the parking restrictions. It has been determined that the requested parking modification along Advantage Avenue could be supported given the following conditions: 1. Parking restrictions to remain in effect along the west side of Advantage Avenue 2. On -street parking to be allowed through issuance of a Permit 3. Permits limited to (2) per household 4. If the proposed parking modifications proven to be problematic, Resolution No. 023-10 will be repealed Recommendation: Staff recommends adoption of Resolution No. 023-10, thereby modifying parking restrictions along Advantage Avenue and repealing a portion of Resolution No. 014-05, that being Section 2 (2). Motion for consideration: I move to adopt Resolution No. 023-10, thereby modifying parking restrictions along Advantage Avenue and repealing a portion of Resolution No. 014-05, that being Section 2 (2). Fiscal Impact: None Alternatives: Not approve and provide further direction to staff. Attachments: Resolution No. 023-10 Petition to the City of Port Orchard (dated 5/5/2010) Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 023-10 Public Works Director Public Works Director Public Works Director June 22, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, MODIFYING PARKING RESTRICTIONS ALONG ADVANTAGE AVENUE AND REPEALING A PORTION OF RESOLUTION NO. 014-05 WHEREAS, WAC 3o8.330.27o authorizes the City to adopt regulations to prohibit, regulate or limit stopping, standing or parking of vehicles within the City by resolution and POMC 10.12.o8o(1) authorizes the City Council to establish parking prohibitions and restrictions on portions of certain streets; and WHEREAS, on June 27, 2005 the Port Orchard City Council adopted Resolution No. 014-05, thereby authorizing the City Council to establish regulations and fees related to parking, stopping or standing in certain parts of the City; and WHEREAS, at the request of the City, a petition dated May 5, 2010 containing signatures from 7 of the 8 residents living along the north 350-ft of Advantage Avenue was submitted to the Public Properties Committee on June 8, 2olo requesting parking to be allowed along the east side of Advantage Avenue, but that current parking restrictions remain in affect along the west side of the street; and WHEREAS, it has been determined that the requested parking modification along Advantage Avenue could be supported given the following conditions: i) Parking restrictions to remain in effect along the west side of Advantage Avenue, 2) On -street parking to be allowed through the issuance of a Permit, 3) Permits limited to (2) per household and 4) If the proposed parking modifications prove to problematic, Resolution No. o**-10 will be repealed; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: SECTION 1. Repealer. Section 2 (2) of Resolution No. 014-05 is hereby repealed. SECTION 2. Parking Prohibited at All Times. When signs are erected by the City Engineer giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows: Resolution No. 023-10 Page 2 of 2 Advantage Avenue on the west side of the north 350-ft of roadway and on the left hand side of, as the traffic flows, of the remainder of the street. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 22nd day of June 2010 Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk PETITION TO THE PORT ORCHARD CITY COUNCIL We, the residents and/or property owners of the North 350 feet of Advantage Avenue, do hereby Petition the City of Port Orchard Council to Change the No Parking on both sides of the north 350 feet of Advantage Avenue to No Parking on theside of the North 350 feet of Advantage Avenue. Please clearly print your name and address below — DATED: JT xa '00101 iq fi3 Adaut= Avenue, Port Orch rCI Wa §8366 Print Name ResidenceAddress Qty/State/Zip Sign Name Print Name ResidenceAddress City/state/Zip Sign Name Print Name ResidenceAddress City/state/Zip! Sign Name 62 advantage ave, port orchard, wa - Google Maps GOB. ogle maps Address Sum p://maps.google.com/maps?hl=en&source=hp&q=1962+advantage+ave,+port+orchard,+wa&um=1 &ie=UT... I 1 /3/20 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Aeenda Staff Report Agenda Item No. Business Item 9D Meeting Date: June o8, 2010 Subject: Meeting with Initiating Parties Prepared by: James R. Weaver Regarding Notice of Intent to Development Director Petition for Sidney Glen Annexation Atty Routing No: NA Atty Review Date: NA Summary: A Notice of Intent to Petition for Annexation was received on May 19, 2010, to annex one parcel totaling approximately nine acres. The parcel is located at 500 SW Birch Road, to the west of SW Sidney Road, north of Glenwood Road SW; in Section 3, Township 23 North, Range 1 East, W.M., in Kitsap County, Washington. The parcel is in the City's currently recognized Urban Growth Area. It has a County Comprehensive Plan designation of Public Facility with zoning of Highway/Tourist Commercial. RCW 35.13.125 requires the Council to determine whether it will accept, reject, or geographically modify the proposed annexation, whether it will require the simultaneous adoption of a comprehensive plan, and whether it will require the assumption of all or of any portion of existing city indebtedness by the area to be annexed. The decision whether to "accept" the proposed annexation is entirely within the Council's discretion. By accepting a notice of intent to annex, the Council is not committing itself to annex if/when a sufficient petition is presented to it. The decision to accept merely allows the annexation to go forward procedurally and allows a petition to be circulated. Recommendation: Staff recommends that the Council allow a petition to be circulated for annexation of the property described in the Notice of Intent and require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Motion for consideration: I move to allow the applicant to circulate a petition for annexation of the property described in the Notice of Intent and to require the simultaneous adoption of comprehensive plan and zoning designations, and the assumption of existing City indebtedness by the area to be annexed. Alternatives: Allow circulation of the annexation petition as proposed, geographically modify the proposed annexation, or reject the annexation. Attachments: Notice of Intent to Petition for Annexation Site Map Legal Description Valuation certification MaY r C/Ty 9 201E NOTICE OF INTENT TO PETITION FOn ANNEXATI(i N OP PO To TUE CITY of Polrr ORCIL1Rll N£NO pip ORCy ARTMF04 Proposed AnnexationNamc Si6Ma�lGle.vt 6ttynev,rAr-, Srl oo\ File No. Total Assessed Valuation of Proposed Annexation $_ B,tort sto Total Assessed Valuation Represented by Signatures $ 5, t0$ t 9tb Percent of Assessed Valuation Represented by Signatures (gip %) The Honorable Mayor and City Council: We, the undersigned, being the owners of not less than ten percent (10%) in value, according to the assessed valuation of general taxation of the property described in Exhibit A attached hereto, lying contiguous to the City of Port Orchard, Washington, do hereby advise the City Council of the City of Port Orchard that it is our intention to commence annexation proceedings under the provisions of RCW 35.13.130 through 35.13.160, so that the territory described in Exhibit A can be annexed to and made a part of the City of Port Orchard. It is requested that the City Council of the City of Port Orchard set a date, not later than sixty days after the filing of this request, for a meeting with the undersigned to determine whether the City Council will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of the comprehensive plan, if such plan has been prepared and filed for the area to be annexed as provided for in RCW 35.13.177 and 35.13.178, and whether it shall require the assumption of all or any portion of existing city indebtedness by the area to be annexed. WARNING Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. Printed Name:—DW4"7 00- Signature: Property Address/Location: Date: Tax Parcel Number(s): 0 37.3b( - 4 - Planning Poun 004/Nctice of Immnt to Petition for Annexation Application (Rev. 03109) 0 ®®Lit• '��?gn ?ee??... °i m" =•, W e3 si J:•i:fi:ii i V ` m 2 •Q I $ a i\ `_- i z e non {3 `a ii a 2 a a m ?t =i i { z z } N p p Z I z ovoX XOUpJ _ CI ei e! '� e9 3 j 0)0 e y OD Notice of Intent to Petition for Annexation Sidney Glen Elementary School South Kitsap School District Legal Description Tax Account No.: 032301-4-026-2007 Site Address: 500 SW Birch Road Port Orchard, WA 98366 03231E THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; AND THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT SIDNEY ROAD; AND EXCEPT THE SOUTH 20 FEET OF THE EAST 330 FEET THEREOF FOR ROAD; RESERVING 15 FEET OFF NORTH SIDE OF SAID TRACT TO BE USED FOR ROAD PURPOSES; THIS ROAD TO BE USED AS A PUBLIC ROAD ONLY BY THE OWNERS OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER SECTION 3, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, STATE OF WASHINGTON. Certification of Letter of Intent City of Port Orchard I, Jantes R. Weaver, Development Director of the City of Port Orchard, do hereby certify that I received on March 19, 2010, a Notice of Intent to Commence Annexation Proceedings for a parcel located at 500 SW Birch Road, in Section 3, Township 23 North, Range I East, W.M., in Kitsap County, Washington, The petition contained the signature representing the property owner, which was verified by comparing it with South Kitsap School District records. The assessed valuation of the area proposed to be annexed is $5,495,610. The assessed valuation of signature represents $5,495,610. 'fhe signature therefore constitutes more than the required 10 percent, which figure would be $549,561.00. SIGNED this I" day of June, 2010 :s R. Weaver Orchard Development Director City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject Authorizing the Mayor to Execute Change Order No. 1 of Contract No. Co61-o9 with BHC Consultants for the Meeting Date: June 22, 2010 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: NA Tremont Street Sewer Pre -Design Atty Review Date: NA Report and PS&E Summary: On October 13, 2009 the City of Port Orchard City Council authorized the Mayor to execute Contract No Co61-og for the preparation of the Tremont Street Widening Sanitary Sewer Pre -Design Report and PS&E. BHC Consultants have completed the Pre -Design Report phase and have submitted the 6o% PS&E for review. This 6o% design effort is currently being coordinated with the Berger/Abam 85% PS&E for the Tremont Street Widening Project. An extension to the contract time is needed to fully coordinate this activity. In addition, recent discussions regarding utility service needs for the City's JPA (Joint Planning Area) located near the Sedgwick/Sidney intersection (as outlined in the 2009 Comprehensive Sanitary Sewer Plan Update CFP) have identified several "time critical" improvements that are needed in order to allow project development within the JPA to continue. One of those "time critical" improvements involve extending the sanitary sewer forcemain proposed within the Tremont Street Widening 6o% PS&E from May Street to Lippert (approximately 2,500-ft south.) Additional topographic survey data and sanitary sewer forcemain design to the current 6o%PS&E is required. BHC Consultants has requested an additional $67,800.00 for this effort. Recommendation: Staff recommends that the City Council authorize the Mayor to execute Change Order No. 1 to Contract No. o61-o9 with BHC Consultants in an amount not to exceed $67,800 for additional work associated with the Tremont Street Sanitary Sewer Pre -Design Report and Final Design (PS&E) and to extend the contract time to December 31, 2010. Motion for consideration: I move to authorize the Mayor to execute Change Order No. 1 to Contract No. o61-og with BHC Consultants in an amount not to exceed $67,800 for the additional work associated with the Tremont Street Sanitary Sewer Pre -Design Report and Final Design (PS&E) and to extend the contract time to December 31, 2010. Fiscal Impact: Additional funds required to be transferred from Fund #403 to currently budgeted item within Water/Sewer Alternatives: None Attachments: COPO Change Order No. 1 Exhibit A — BHC Consultants Proposal (dated 6/4/2010) 6/ 17/2010 1:03 PM CITY, OF PORT ORCHARD Authorization for Change Order No. 1 Contract No. C061-09 Date: June 22, 2010 Contractor: BHC Consultants Project: _ Tremont Street Widening Contract / Job # C061-09 Brief Description of Change Order work (Documentation to be attached): Additional scope, budget and contract time extension associated with the coordination of the Tremont Street Widening PS&E and to provide for the extension of the proposed forcemain from Pottery/May to Pottery/Lippert to facilitate future development of JPA. vViinw-r rnmvey $ Date Appvd b Original Contract $93,200.00 13-Oct-09 Council Change Order 1 $67,800.00 22-Jun-10 Council I Total Contract $161,000.00 1 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Submitted by: Title: Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved: Attest: Change Orders over $15,000 (per project) require Council action. Public Works Director/City Engineer Mayor City Clerk Council Approval Date age I o 1 Common/CITY OF PORT ORCHARD change order June 4, 2010 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Attn: Mark R. Dorsey PE Public Works Director Subject: Tremont Street Sanitary Sewer Amendment Pottery Avenue Force Main Extension Scope and Budget Dear Mark: Thank you for the opportunity to submit the following scope and budget for the Tremont Street Sanitary Sewer Amendment — Pottery Avenue Force Main Extension. The scope and budget includes items pertaining to the design of the Pottery Avenue Force Main from 500 feet south of the intersection of Pottery Avenue and Lippert Drive West north 2,500 feet to the intersection of Pottery Avenue and May Street. The Pottery Force Main design will be incorporated into the Tremont Street Sanitary Sewer Contract Documents that are currently at the 60 percent design level. The amendment includes additional budget authorization for final design items and bid advertisement, but does not include services during construction. Task 1: Project Initiation and Coordination City Responsibilities: Provide as-builts of existing utilities and existing topographic surveys of the area between the intersection of Pottery Avenue and Lippert Drive West and Pottery Avenue and May Street. Subtasks 1.1 Review record drawings and available documents for existing conditions in Pottery Avenue. 1.2 Conduct project meeting with City staff and U-IC Consultants team members to discuss amendment goals, key issues, strategy for completion of the project by setting key milestone dates, and available documents for existing conditions. BHC Deliverables: Minutes of the initial project meeting via email. Civil\Projects\Port Orchard\Pottery Force Main Amendment\Budget\TremontFM_Scope.doc Task 2: Field Survey City Responsibilities: It is our understanding that survey exists for two areas of Pottery Avenue and will be provided by the City so our fee is estimated on that basis. One area is for the recent construction at the Pottery -Lippert intersection northward and the other is southward from the Kitsap-Pottery intersection. Subtasks Perform topographic survey and right-of-way determination using APWA layering standards including: 2.1 Manmade features including roads, existing structures, fences, and other visible manmade features. 2.2 Utilities, including visible surface structures, manholes, catch basins, valves, hydrants, risers, power poles, transformer pads, etc. Manholes and catch basins to include invert elevations and pipe sizes and types. Locate the next manhole upstream or downstream from the site. A utility locator service will be employed to locate public and private underground utilities. BHC cannot accept liability for the accuracy, errors or omissions on the part of the locator service. 2.3 Pothole underground utilities critical to design to verify their location and depth. A maximum of 15 potholes is budgeted for this task. This includes associated traffic control (flagging and signage), backfilling and patching holes. One day (8 hrs) has been budgeted. Additional charges of $400/hr will be incurred for anything beyond 8 hours. A dump fee of $125 per ton may be incurred if unsuitable material is encountered that cannot be used as backf ill. 2.4 Existing contours at a 1-foot contour interval referenced to existing base map vertical datum. 2.5 Mapping limits to be centered on Pottery Avenue centerline and extend 50-feet to either side of Pottery Avenue centerline. The mapping will extend from May Street and Pottery Avenue south 2,500 feet to approximately 500 feet south of the intersection of Pottery Avenue and Lippert Drive West. 2.6 Road right-of-way and parcel lines will be determined from existing controlling monuments, prior recorded surveys and agency records, e.g. City, County, State road plans. This information will be added to the base mapping file. If a title company is needed to provide deeds or easements related to the project, any fees for their services are not included in this scope and will be directly payable by the City. 2.7 Compile contours, planimetrics utilities, and rights -of -way into an existing conditions base drawing for use by design team. 2.8 Incorporate the existing topographic survey performed by ESM for the Tremont Street Sanitary Sewer project and the topographic surveys provided by the City in Task 1. It is assumed that the City will provide for right -of -entry and any authorizations needed to enter upon property to perform the services under this agreement. Civil\Projects\Port Orchard\Pottery Force Main Amendment\Budget\TremontFM_Scope.doc BHC Deliverables: Electronic file of survey data and base map. Task 3: Geotechnical Exploration City Responsibilities: Provide existing geotechnical data in project vicinity and Pottery Avenue traffic data which may be used in a future phase to develop the pavement design. Subtasks 3.1 Review select published geologic data that includes the site and surrounding area. 3.2 Contact the Washington Utilities Coordinating Council "One Call" service to locate utilities in the project area. 3.3 Explore soil conditions at the site by advancing seven hollow stem auger borings: one (1) 30-foot boring at the proposed pump station location (which may be designed in a future phase) and six (6) 10-foot borings spaced along the 2,500-foot alignment. Soil sampling will be performed at minimum 5-foot depth intervals in the borings in general accordance with ASTM International (ASTM) D 1586 test method. The borings will be backfilled on completion and pavements will be patched. 3.4 Perform geotechnical laboratory testing, including gradation and moisture content determinations on select samples obtained from the borings. 3.5 Provide recommendations for earthwork and grading, including trench excavation. Discuss the need for dewatering, reuse of on -site materials, and fill placement and compaction criteria. 3.6 Provide recommendations for lateral earth pressures for use in pump station wall design that may be designed in a future phase. 3.7 Provide recommendations for shallow foundation support of the pump station that may be designed in a future phase. 3.8 Provide estimates of the liquefaction potential of site soils based on an American Association of State Highway and Transportation Officials (AASHTO) design -level earthquake. 3.9 Provide geotechnical seismic design information in general accordance with AASHTO criteria. 3.10 Provide layer thickness recommendations for an asphalt concrete pavement design section. It is assumed traffic data will be provided by the City for use in developing a pavement design in general accordance wit; AASHTO design procedures for flexible pavements. 3.11 Provide geotechnical review of final design plans and specifications. 3.10 Prepare a written report with the supporting data. The report will include findings and recommendations, summary logs of the explorations and a site plan showing the exploration locations. It is assumed that the City will provide for right -of -entry and any authorizations needed to enter upon property to perform the services under this agreement. Civil\Projects\Port Orchard\Pottery Force Main Amendment\Budget\TremontFM_Scope.doc The following items are excluded from this scope of work: slope stability analyses, shoring and/or dewatering design recommendations, deep foundation design recommendations, street use drilling permits, traffic control services. If requested and/or required these can be provided as an additional element of service. BHC Deliverables: Geotechnical Report Task 4: Force Main Plans, Specifications, and Estimate of Probable Construction Costs (PS&E) City Responsibilities: Review deliverables. Subtasks The Tremont Street Sanitary Sewer design documents will form the basis for design of the 12-inch force extension south from the existing terminus 75 feet south of May Street in Pottery Avenue south to the proposed Pottery Pump Station site on the school playground at the southwest corner of the PotteryLippert intersection. If that site is not satisfactory, the design may be extended 500 feet further south in Pottery Avenue to an alternate site. Work items developed during Task 4 will be incorporated into the previously prepared Tremont Street Sanitary Sewer design documents. 4.1 Prepare 90 percent detailed construction drawings in accordance with 2010 WSDOT Standard Specifications and City of Port Orchard standard specifications and standard plans, as appropriate. 4.2 Prepare 90 percent general requirements. The general requirements will be prepared using available City of Port Orchard standard general requirements in accordance with the 2010 WSDOT Standard Specifications addressing the following: • Sequence of Construction • Measurement and Payment • Project Data Submittals • Testing and Quality Control • Facility Startup and Testing 4.3 Prepare 90 percent technical specifications. Technical specifications will be prepared in accordance with 2;10 WSDOT Standard Specifications with additional requirements where necessary. Technical specifications will include sections necessary to define and control the construction materials and appropriate methods and will use the WSDOT numbering format. 4.4 Prepare 90 percent estimate of probable construction cost. 4.5 Conduct in-house quality control review of the drawings, specifications, and estimate of probable construction cost. Civil\Projects\Port Orchard\Pottery Force Main Amendment\Budget\TremontFM_Scope.doc 4.6 Submit 5 hard copies with half-size drawings of the 90 percent PS&E documents to the City for review. A City review period of two weeks from receipt of deliverable is assumed. 4.7 Meet with City staff to review the 90 percent PS&E. 4.8 Incorporate City review comments and prepare Final PS&E. 4.9 Submit Final PS&E. Print 8 sets of specifications with half-size drawings and 5 sets of full size drawings and deliver to City. BHC Deliverables: 90 percent PS&E, Final PS&E, and meeting minutes. Task 5: Assistance with Bidding and Award City Responsibilities: City will be responsible for bid advertisement, printing bid documents and distribution of bid documents to plan centers and prospective bidders. City will attend pre -construction conference. Subtasks 5.1 Address bidders' and suppliers' questions during the bid period. 5.2 Prepare two (2) addenda, if necessary, and deliver to City for distribution. 5.3 Prepare for and attend pre -construction conference. 5.4 Prepare bid tabulation. 5.5 Review apparent low bidder's bid documents and prepare recommendation for award. BHC Deliverables: • Advertisement for newspaper • Two (2) Addenda (if required) • Bid Tabulation • Recommendation for Award Task 6: Project Management City Responsibilities: Review status reports and process invoices for payment within 30 days of receipt Subtasks 6.1 Conduct project coordination and management for the duration of the project including monthly progress reports, invoices A four week intervals, team coordination including sub -consultants, schedule development, and updates. 6.2 Develop a scope and budget for construction services. BHC Deliverables: Status reports and invoices at four -week intervals; scope and budget for construction services. Civil\Projects\Port Orchard\Pottery Force Main Amendment\Budget\TremontFM_Scope.doc BHC proposes the following estimate of work hours and the resulting costs to accomplish the above scope of work: Task BHC Work Hours Estimated Cost 1 - Project Initiation/Coordination 20 $ 2,800 2 - Additional Topographic Survey ESM -- $ 16,300 3 - Additional Geotechnical Exploration GeoEn ineers -- $ 15,400 4 - Force Main PS&E 175 $ 23,800 5 - Assistance with Bidding and Award 30 $ 4,400 6 - Project Management 28 $ 4,000 Labor Total 253 $66,700 Reimbursable Expenses $ 400 Communications Fee $ 700 Total Estimate Cost $67,800 BHC is willing to perform the above work for a fee not to exceed $67,800. BHC will undertake to complete the above work program within four months from our receipt of your notice to proceed. Sincerely, BHC Consultants LLC John C. Wilson PE Project Manager Civil\Projects\Port Orchard\Pottery Force Main Amendment\Budget\TremontFM_Scope.doc City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7F Meeting Date: Subject: Approval of Contract No. C047-10, Prepared by: Authorizing the Mayor to Execute a Contract for the City's Official Atty Routing No: Newspaper Publication Services Atty Review Date: June 22, 2010 Patti Kirkpatrick, CMC City Clerk NA NA Summary: Annually, RCW 35.21.875 requires each City or town to designate an Official City Newspaper. The newspaper shall be of general circulation within that City or town and shall have been published regularly, at least once a week. Request for Newspaper Publication Services was published June 4, 201o, and two bids were received from the Port Orchard Independent, which runs weekly; and the Kitsap Sun, which runs daily, as follows: Port Orchard Independent: 2009 2010 Price per column inch $2.95 $2.97 Cost per additional line $0.33 $0.33 Legal notices on website $0.00 No Charge Circulation Numbers as Audited by Circulation Verification Council: City of Port Orchard 2,495 3,416 Urban Growth Area 5,155 5,o8o Kitsap Sun: 2009 2010 Price per column inch $3.19 $2.85 Cost per additional line NA $0.29 Legal notices on website $7.00 $7.00 per ad Circulation Numbers as Audited by Audit Bureau of Circulations: City of Port Orchard 2,271 2,492 Urban Growth Area 3,117 5,100 Recommendation: Staff has enjoyed working with both newspapers and defer to Council regarding designation of the City's Official Newspaper. Motion for consideration: I move to approve Contract No. C047-1o, designating as the City's Official Newspaper in accordance with Port Orchard Municipal Code Chapter 1.16. Fiscal Impact: Funds have been designated for publications as part of the 2olo Budget. Alternatives: Not approve either Newspaper as the City's Official Newspaper and provide direction to staff. Attachments: Contract No. C047-10 Bid Documents as submitted by the Port Orchard Independent and the Kitsap Sun EACH BIDDER SHALL SUBMIT ONE COMPLETED SIGNED ORIGINAL BID PACKET: The City of Port Orchard, upon award, will sign the document and return one copy to the successful bidder. Upon signature by the City of Port Orchard, the bid document becomes the contract between the City and Newspaper. All documents referenced therein become part of the contract by their reference. The term of the contract shall be for a period of one (1) year, to commence on July 1, 2olo and ending June 30, 2011. COMPLETE THE FOLLOWING SECTION AS YOUR BID: $c2l 17 per single column inch for each insertion (including applicable sales tax). If applicable: Cost per additional line: $ ' 33 (including applicable sales tax). In addition, please provide the City with circulation numbers within City limits, as well as inside the South Kitsap Urban (Grrowth Area and answer the following questions: Audited circulation: V- Yes No Circulation Number within City Limits: Circulation Number within the South Kitsap Urban Growth Area: ✓��^��—f� a� The undersigned states that he or she is authorized to submit a bid on behalf of the corporation, partnership, or sole proprietorship listed below and further states that the corporation, partnership, or sole proprietorship is bound by the above offer. _r Date WA Phone No. Fax No. "kp4 k4. ea%u ' The following is to be completed if the bid has been awarded by the Port Orchard City Council: Contract Term: July 1, 2010 through June 30, 2011 Lary Coppola, Mayor ATTEST: DATED: Patricia J. Kirkpatrick, CMC, City Clerk Approved as to form: Gregory A. Jacoby, City Attorney POni ORCHARD j� `fir % (1� �1'r''I �1� June 11, 2010 City Of Port Orchard City Clerk City Hall — 216 Prospect Street Port Orchard, WA, 98366 The Port Orchard Independent is pleased to submit the enclosed bid for public printing of the City of Port Orchard's official notices in compliance and acceptance of terms and conditions set forth in the Newspaper Publication Services request. The Independent, the oldest newspaper in Kitsap County, has a long history of providing legal notice services to the city and county entities as well as private parties throughout the community and county. Because the Independent is located in the same city as the county seat, the Independent has naturally become the newspaper to which most clients in need of a legal notice publication turn to. The Independent publishes on Fridays of each week and is annually audited by the Circulation Verification Council. The circulation of 18,231 continues to be maintained and is audited by CVC an independent audit source, documentation enclosed. Also please find enclosed documentation with map of the Independent's circulation numbers within the City Limits of Port Orchard as well as for the South Kitsap Urban Growth Area. Rates: The Port Orchard Independent extends to the City of Port Orchard the rate of $2.97 per classified column inch, on a ten column classified page format to publish legal notices that will appear in the A -section of the Independent. The Port Orchard Independent will also provide the City of Port Orchard placement and the publishing of all city legal notices on its' website www.portorchardindependent.com at NO CHARGE. In closing, it is important to note that the Independent is qualified to submit this bid and holds the contract under the provision's of both the city's Notice to Bidders and Washington State law (RCW65.16). The Kitsap News Group/Port Orchard Independent have been approved by Kitsap County Superior Court as a qualified legal newspaper to publish legal notices for Port Orchard and in all of Kitsap County. Documentation enclosed. We thank you for the consideration. We hu Rich Peterson Publisher, Port Orchard P.O. BOX 27 PORT ORCHARD, WA 98366 (360) 876-4414 (360) 876-4458 FAX to serve the City of Port Orchard and for your continuing our strong relationship with the city. "YOUR SOURCE FOR LOCAL NEWS & INFORMATION SINCE 1890' 8 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bali Ib q zi ryry �N THE SUPERIOR COURT OF THE STATE OF U11 NGTON FOR KITS ¢1PTYuDens7 Ei:- In Re the Matter of, KITSAP NEWSPAPER GROUP Petitioner, No. Jb .2 0i,i%i b ORDER OF APPROVAL AS A LEGAL NEWSPAPER On motion of attorneys for petitioner for approval of the Kitsap Newspaper Group as a legal publication per the provisions of RCW 65.16.020, and the court having read the sworn declaration of . Michael Shepard, and having heard argument of counsel, and being otherwise advised in the premises; and having found that the Court has jurisdiction over this matter under RCW 65.16.040, it is hereby ORDERED: that the Kitsap Newspaper Group, its five publications presently being distributed throughout the County, namely The Port Orchard Independent, the Central Kitsap Reporter, the Navy News, the North Kitsap Hearld, and the Bainbridge Island Review, and any future publications bearing the same characteristics as these publications and published by said Kitsap Newspaper Group, are hereby approved as `legal publications" as qualified under RCW 65.16.020, for the purposes of publishing legal notices to residents of Kitsap County, and for any other purposes relevant to qualification as a legal publication in this County. DATED THIS IC day of January, 1998. 9� //4bTFGE7COMMISSIONER ORDER APPROVING A LEGAL NEWSPAPER.,, Page I ORDAPP.KNG �� 1 ORIGINAL,;; MAcDERMID LIEBERT DUNAWAY & MORGAN, P.S. ATTORNEYS AT LAW SUITE 103, 9226 BAYSHORE DRIVE N.W. SILVERDALE, WA 98383 (360)6924000 I. ,11 Presented By 2 MacDERMID LIEBERT DUNAWAY & MORGAN, PS 3 4 By c , 5 JO D MORGAN, WSBA #15843 6 Atto e s for Petitioner 7 8 9 10 11 12 13 14 15 16 17 18 .19 20 21 22 23 24 25 26 27 28 ORDER APPROVING A LEGAL NEWSPAPER Page 2 ORDAPP.KNG STATE OF WASHINGTON l COUNTY OF KITSAP SS I, OAVID %V. PETERSON, Clerk of the above. enliUed County do hereby ccnity, that the fetevmg instru. ment is a true and exad copy of the ori0!nal now on u, In my office. "LL o seI hand and sek sy'�l '' �, 20 D.OUN7Y CLERE BY"�'�. Deputy MACDERMID LIEBERT DUNAWAY & MORGAN, P.S. ATTORNEYS AT LAW SUITE 103. 9226 BAYSHORE DRIVE N.W. SE.VERDALE, WA 93393 (360) 6924000 Rates: $2.97 Per single (1) vertical column inch for each insertion. Cost per additional line Lines per inch Rate per line Using the above rate, I certify that the cost to the City of Port Orchard for printing the attached example legal notice on the following page, would be 112,E for each single column insertion. $2.97 per classified column inch, on a ten column classified page format to publish legal notices that will appear in the A -section of the Port Orchard Independent. Internet: The Port Orchard Independent will also provide the City of Port Orchard the placement and publishing of all city legal notices on its' website www.portorchardindenendent.com at NO CHARGE. Circulation: See attached A-1 & A-2 for circulation numbers in the City of Port Orchard and Urban Growth Area Present Friday Only Circulation 18,231 Billing: Ads will be billed on a cost per vertical column inch. Three (3) original notarized affidavits will be provided to the City of Port Orchard with each legal notice invoice. �A Bidder's signature � Business name Port Orchard Independent Address P.O. Box 27 City/State/Zip Code Port Orchard, WA 98366 Phone 360-876-4414 Fax 360-876-4458 Mechanical Specs: Font: Helvetica Condensed Type Size: 8 Point Leading: 8.5 Point' Keming: 0 Column Width: 1 inch The Port Orchard Independent uses an 8 point type size. Which translates to 9 lines of copy per column inch for better readability. Example: (1 Column x 4.5 inches) CITY OF PORT ORCHARD NOTICE OF PUBLIC HEARING The Port Orchard City Council will hold a pub- lic hearing to update and amend Port Orchard Municipal Code Chapter 15.38, Flood Damage Prevention. The hearing will take place on Tues- day, June 22, 2010 at 7:00 PM in the Robert Geiger Council Cham- bers, 216 Prospect Street, Port Orchard, WA. Any person or public agency expressing an interest is invited to at- tend the public hearing and/or submit written comments to the Plan- ning Department on or before 4:30 PM, June 22, 2010. Further infor- mation regarding this subject is available from the Planning Depart- ment, City of Port Or- chard, 216 Prospect Street, Port Orchard, WA 98366. Date of Publication: O6104/10 (P0370715) EACH BIDDER SHALL SUBMTI' ONE COMPLETED SIGNED ORIGINAL BID PACKET: The City of Port Orchard, upon award, will sign the document and return on% copy to the successful bidder. Upon signature by the City of Port Orchard, the bid document becomes the contract between the City and Newspaper. All documents referenced therein become part of the contract by their reference. The term of the contract shall be for a period of one (i) year, to commence on July 1, 20io and ending June 30, 2011. COMPLETE THE FOLLOWING SECTION AS YOUR BID: $� g' per single column inch for each insertion (including applicable sales tax). If applicable: Cost per additional line: $ (including applicable sales tax). In addition, please provide the City with circulation numbers within City limits, as well as inside the South Mtsap Urban Growth Area and answer the following questions: Audited circulation: Yes ''JNo Circulation Number within City Limits: 3 1/ 2 _ Circulation Number within the South Kitsap Urban Growth Area: 21-I (� 6 2 The undersigned states that he or she is authorized to submit a bid on behalf of the corporation, partnership, or sole proprietorship listed below and further states that the corporation, partnership, or sole proprietorship is bound by the above offer. Legal Print/l,, p11e "1 Sup 6-9-/0 Date uWtness etreet naotesa (Sty State Zip 3C0--NZ-33L1q 7R2-9237 eIr;C_Ls.,.4p1,, eenSuw.�nVI'l Phone No. Fax No. Email II The following is to be completed if the bid has been awarded by the Port Orchard City Council: Contract Term: July 1, 2010 through June 30, 2011 ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Approved as to form: Gregory A. Jacoby, City Attorney Lary Coppola, Mayor DATED: Klt'sa Hoo/ unYA 545 Fifth Street P.O. Box 259 Sg TJ Erickson 545 Fifth Streel I P.O. Box 259 Bremerton, WA 98337 Tel.360.377.3711 un Multimedia Bremerton, Advertising Manager WA 98337-0053 Tel. 360.792.3349 1 Fax 360.792.9237 Fax. 360.377.9237 kitsapsun.com Toll Free 1.888.377.3711 Cel. 360.509.7798 HAs tericksonokBsopsun.com shhn.eomPxrar x ..kitsapsun.eom June 10, 2010 _ Michelle Merlino, City Clerk City of Port Orchard City Hall 216 Prospect Street Port Orchard, WA 98366 Re: Request for Newspaper Publication Services Thank you for the opportunity to respond to your bid request. The Kitsap Sun is a daily newspaper which has considered Port Orchard and other county communities its home since 1935. Its presence in the marketplace has represented a daily means of communicating timely news, information, vital statistics and advertising —including legal advertising —for 75 years. REQUIREMENTS: *The Kitsap Sun meets all qualifications as a legal newspaper. *Ads are published on your schedule, any day of the week based on Your needs. Choose any day of the week, the month or the year, up to 365 days of the year, for any ad. *The Kitsap Sun provides daily, paid circulation of 24,262 on Sundays, and 24,497 other days, primarily within Kitsap County, as audited by a third party. *Not only is it the most -read publication in Kitsap County, it is the advertising medium of choice in Kitsap County. *Among entities who have relied in full or in part on Kitsap Sun legal advertising are Kitsap Transit, Port of Bremerton, South Kitsap School District, Olympic College, State of Washington, City of Bremerton, Puget Sound Clean Air Agency, Kitsap County, City of Poulsbo, City of Bainbridge Island and many, many more. Numerous county and regional law offices have chosen use of the Kitsap Sun. The City of Port Orchard, too, has employed the services of the Kitsap Sun. *Effectiveness. In addition to meeting public notice legal obligations, legal advertising in the Kitsap Sun offers the likelihood of being read and seen by interested citizens, construction contractors, building trade professionals and others whose awareness of respective public notices is deemed essential and of value. *Circulation within Port Orchard/SK Urban Growth Area is approximately 2,492. *Circulation within Port Orchard 98366 & 98367 is approximately 5,100. *Circulation of the Kitsap Sun is audited by the Audit Bureau of Circulations, the gold - standard of paid newspaper and magazine distribution. Continued on Page Two Serving the Peninsula: Allyn I Bainbridge Island I Bangor I Belfair I Bremerton I Hansville I Indianola I Keyport Kingston I Manchester I Olalla I PartGamble I Poulsbo I Seebeck I Silverdale I Southworth I Suquamish Page Two The ABC is a not -for -profit organization of over 1,000 major advertisers and 900 newspaper publishers. Not all audit services are alike. Leading companies and advertising agencies rely on ABC figures for making media buying decisions. Standing apart from most other audit resources, the ABC conducts an intense, annual on -site audit of a publisher's circulation records and procedures. This manner of auditing assures advertising buyers that circulation claims are substantiated, accurate and verifiable. FEE PROPOSAURATE: The Kitsap Sun offers the City of Port Orchard a per -inch rate of $2.85 per classified column inch, on a ten column page format. Optional placement: Placement of the ad on kitsapsun.com, a web site offering over 3 million pages documented views per month, and over 300,000 unique visitors per month, would be optionally available for $7 per ad. The price delivers an actual, measurable audience, actual traffic to your ad and actual results —in other words, an actual value. To not charge for this service would signify lack of value. Service: Ads may be submitted electronically, and any needed courier services to and from City Hall would be provided at no cost to the City. Any reasonable number of tear -sheets and notarized affidavits, as proof of publication, will be provided to the City of Port Orchard for each legal ad with invoice, or in a more immediate manner deemed necessary by the City. Billing: Ads will be billed on a cost per column inch. Attachments: Attachments include examples of a legal ad and ad specifications, readership information and audited circulation information. Thank you for considering the Kitsap Sun. THE MERITS OF THIS PROPOSAL: *Fulfills the City's legal obligations for legal advertising. *Provides a known audience of the general public within and beyond Port Orchard. *Provides an audience of those directly interested in municipality legal notices, those whose knowledge of advertised details lead to qualified, competitive bid responses. *Offers proven services. Continued on Page Three Page Three *Continues a business relationship/partnership with a company as local and as supportive to the community as any other potential provider. *Last, it would be our firm position that the City make its determination solely out of its deep sense of obligation to its citizens, and careful consideration to how they may be best served by the decision. Submitted by: Bidder: Thomas J. Erickson, Bidder's Signature: Business Name: Kitsap Sun Address: 545 Fifth St. Bremerton, WA 98337 Phone: 360-792-3349 Fax: 360-792-8557 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: Approval of Contract No. C048-10, Authorizing the Mayor to Execute Grant Acceptance Capacity Program For Storm Water Funding with the Department of Ecology Meeting Date: June 22, 2010 Prepared by: Andrea Archer, P.E. Atty Routing No: Atty Review Date: Asst. City Engineer NA NA Staff Report and backup documentation will be provided prior to the meeting on Tuesday, June 22, 2010.