005-14 - Ordinance - Amending POMC Chapters 16.08 and 16.20Introduced by: Development Director
Requested by:
City Council
Drafted by: Development Director
Reviewed by:
City Attorney
Introduced:
May 13, 2014
Public Hearing:
May 13, 2014
Adopted:
May 13, 2014
ORDINANCE NO.005-14
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTERS i6.o8,
DEFINITIONS, AND 16.20, PROPERTY -SPECIFIC DESIGNATION -
OVERLAY DISTRICTS, RELATING TO THE DOWNTOWN OVERLAY
DISTRICT
WHEREAS, In April of 2013, the City Council requested that the Planning
Commission study and make recommendations on changes to the Downtown Overlay
District (DOD) regulations including: considering whether certain uses listed in SIC code
7299 should be prohibited, clarifying the definition of ground floor and second floor as it
relates to uses on Bay Street, considering which uses may be accessed at ground level off of
Bay Street, considering removing vague language contained in POMC 16.20.201(2) (K),
considering whether to list specific retail sales and services which are allowed directly in the
code and moving that to the top of the list of permitted uses in the DOD, and considering
whether uses which are restricted on Bay Street should also be restricted in other areas of
the downtown; and
WHEREAS, the Planning Commission discussed these issues and developed
proposed code revisions in meetings conducted in May, July, October, and November of
2013; and
WHEREAS, the Planning Commission limited its suggested amendments to
removing ambiguous language and more clearly defining certain terms; and
WHEREAS, at the November 2013 meeting of the Planning Commission,
staff was directed to send the draft ordinance as discussed and amended to the City
Attorney for review and to schedule a public hearing on the proposed ordinance; and
WHEREAS, the city attorney has reviewed the proposed amendments; and
WHEREAS, a public hearing notice for a hearing before the Planning
Commission was published on January 17, 2014; and
Ordinance No.005-14
Page 2 of 5
WHEREAS, interested parties concerning this proposal were notified of the
public hearing on January 23, 2014; and
WHEREAS, the Planning Commission conducted a properly noticed public
hearing on January 27, 2014; and
WHEREAS, the SEPA Official for the City of Port Orchard issued a
Determination of Non -Significance (DNS) on the proposed ordinance on March 7, 2014;
and
WHEREAS, the city submitted the proposal to the Department of Commerce
along with a request for expedited review on March 26, 2014 and may not act on the
proposal prior to April 22, 2014; and
WHEREAS, the Planning Commission found that the proposed
amendments are consistent with the original intent of the DOD and that the amendments
protect the public health, safety, and general welfare of the citizens of Port Orchard; and
WHEREAS, the Planning Commission also found that the proposed
amendments are consistent with the goals and policies of the City's Comprehensive Plan
and with the Growth Management Act, Chapter 36.7oA RCW; and
WHEREAS, the City Council has considered the recommendation of the
Planning Commission and finds it to be 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. Chapter 16.o8, Definitions, of the Port Orchard Municipal Code
(POMC) is amended by adding a new section 299 to read:
16.o8.299 Floor —Ground.
"Floor — Ground" shall mean the ground floor of a building defined as the 3
dimensional interior building space which sits immediately above the basement, crawl
space, or floor slab and below the ceiling or joists supporting a roof or second floor and
which is nearest in floor elevation to the lowest street elevation located adjacent to the
parcel on which the building is located. This includes any loft space.
Ordinance No.005-14
Page 3 of 5
SECTION 2. Chapter 16.o8, Definitions, of the Port Orchard Municipal Code (POMC)
is amended by adding a new section 301 to read:
16.08.3oi Floor — Second.
"Floor — Second shall mean the second floor defined as the three-
dimensional interior building space which sits above the ground floor and
which is not a loft.
SECTION R. Chapter 16.o8, Definitions, of the Port Orchard Municipal Code
(POMC) is amended by adding a new section 425 to read:
16.o8.425 ]Loft.
"Loft" shall mean an upper interior space of a building typically consisting
of an open unpartitioned floor area that is accessible from the ground floor
and that is below the second floor or roof.
SECTION 4. Port Orchard Municipal Code section 16.20.201 is amended to read:
16.20.201 DOD — Permitted uses.
All uses listed below are permitted uses. No other uses shall be permitted in
the central DOD, unless said use is accessory to the principal permitted use or
uses. Uses within the east and west gateways may include uses allowed within
the underlying zone or any of the central DOD uses.
(1) On lots that do not abut Bay Street the following are permitted uses:
(a) Single-family attached dwellings.
(b) Multifamily dwellings on or above the second floor, including but
not limited to condominiums.
(c) Amusement/entertainment including but not limited to theaters,
bowling, amusement arcades; but excluding adult entertainment.
(d) Barbers and beauticians.
(e) Bed and breakfasts.
(f) Boat dealers; provided no inventory shall be allowed on site.
(g) Conference centers.
(h) Daycare.
(i) Dock.
0) Commercial recreation.
(k) General business services.
0) Health services, including offices, patient clinics, and
medical/ dental laboratories.
(m) Hotels and motels.
Ordinance No.005-14
Page 4 of 5
(n) Library.
(o) Liquor and wine stores.
(p) Marinas and marine supply.
(q) Museums.
(r) Parks.
(s) Parking lots and parking structures.
(t) Post office.
(u) Professional offices and services, including financial, accounting,
and legal.
(v) Public agency offices.
(w) Retail sales and services listed as permitted uses in a commercial
or mixed use zone in land use Tables 16.30.030 through 16.30.100,
except for marijuana retailers, motor vehicle dealers, auto supply
stores, gas stations, boat dealers, adult entertainment, and fuel
dealers.
(x) Trails.
(y) Water transportation facilities.
(2) On lots that abut Bay Street the following are permitted uses:
(a) Single-family attached dwellings on or above the second floor.
(b) Multifamily dwellings on or above the second floor, including but
not limited to condominiums.
(c) Amusement/entertainment including but not limited to theaters,
bowling, amusement arcades; but excluding adult entertainment.
(d) Barbers and beauticians.
(e) Bed and breakfasts on or above the second floor.
(f) Boat dealers; provided no inventory shall be allowed on site.
(g) Conference centers.
(h) Daycares on or above the second floor.
(i) Dock.
0) Commercial recreation.
(k) General business services as defined in SIC 7389, except bail bonds
shall only be allowed on or above the second floor.
(1) Health services, including offices, patient clinics, and
medical/dental laboratories on or above the second floor.
(m) Hotels and motels.
(n) Library.
(o) Liquor and wine stores.
(p) Marinas and marine supply.
(q) Museums.
(r) Parks.
(s) Parking lots and parking structures.
Ordinance No.005-14
Page 5 of 5
(t) Post office.
(u) Professional offices and services, including financial, accounting,
and legal on or above the second floor
(v) Public agency offices on or above the second floor.
(w) Retail sales and services listed as permitted uses in a commercial
or mixed use zone in land use Tables 16.30.030 through 16.30.100,
except for marijuana retailers, motor vehicle dealers, auto supply
stores, gas stations, boat dealers, adult entertainment, and fuel
dealers.
(x) Trails.
(y) Water transportation facilities.
(z) Tattoo parlors shall only be allowed on or above the second floor.
SECTION y. 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 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 City Clerk in authentication of such passage this 13th day of May 2014.
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Timothy C. atthes, Mayor
ATTEST.
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Brandy 'nearson, CMC, City Clerk
APPROVED AS TO FORM: Sponsored by:
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Gregory AJJoby, Ity Attorney C) 0 taansuu, Councilmember
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held May 13, 2014.
ORDINANCE NO.005-14
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE
CHAPTERS 16.o8, DEFINITIONS, AND 16.20, PROPERTY -
SPECIFIC DESIGNATION - OVERLAY DISTRICTS, RELATING TO
THE DOWNTOWN OVERLAY DISTRICT
Copies of Ordinance No. 005-14 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 005-14 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
May 23, 2014