028-10 - Ordinance - Amending Title 16 Land Use Regulatory CodeIntroduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: December 14, 2010
Adopted: December 14, 2010
ORDINANCE NO. 028-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING THE PORT ORCHARD MUNICIPAL CODE TITLE 16
CHAPTERS 16.o8, 16.2o, AND 16.30
WHEREAS, the City Council has undertaken a comprehensive review of the zoning
Code and Development Regulations in order to amend the integrated set of documents that
are internally consistent and user friendly; and
WHEREAS, on December 9, 2oo8, by Ordinance No. 042-o8, the Port Orchard
City Council approved the 20o8 Port Orchard Comprehensive Plan Update which created
the Business Professional zone within the Commercial Retail -Office Comprehensive Plan
Designation; and
WHEREAS, on December 22, 20o9, by Ordinance No. olo-o9, the Port Orchard
City Council amended the Port Orchard Municipal Code Title 16 Land Use Regulatory Code
to make provision for permitted uses within the Business Professional zone; and
WHEREAS, at the direction of the City Council, the Port Orchard Planning
Commission has undertaken a comprehensive review of Port Orchard Municipal Code Title
16 Land Use Tables in order to determine which uses should be permitted within the
Business Professional zone; and
WHEREAS, the Planning Commission and staff have held a series of special meetings
over a period of months, which meetings were properly noticed and open to the public; to
prepare an integrated set of documents known as the 2olo Land Use Regulatory Code
Update, including recommendations for code revisions to the Land Use Tables 16.30.030 —
1oo in Title 16 Land Use Regulatory Code; and
WHEREAS, pursuant to RCW 36.7oA.1o6, a draft of the 20io Land Use Regulatory
Code Update was provided to the Washington Department of Commerce for its review and
comment, and the Department has granted expedited review; and
WHEREAS, at a meeting held May 17, 2olo, the Planning Commission reviewed the
proposed 2010 Land Use Regulatory Code Update and provided the Council with its
recommendation as set forth in PC Resolution 002-10; and
Ordinance No. 028-ro
Paee 2 of q6
WHEREAS, after proper notice the City Council held a public hearing, on December
14, 2010, to collect testimony from members of the public regarding the provisions of the
proposed 2010 Land Use Regulatory Code Update; and
WHEREAS, after considering input from the Planning Commission, City staff, and
the public, the City Council finds that the 2010 Land Use Regulatory Code Update serves the
public health, safety, and general welfare of the citizens of Port Orchard; and
WHEREAS, the City Council also finds that the 2010 Land Use Regulatory Code
Update is 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 1. Port Orchard Municipal Code Section 16.08.094 is hereby amended as
follows:
16.o8.094 Building Height.
"Building height" shall mean, except when otherwise noted 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 roof drip line or fascia of the building. If the uphill
elevation line is not level, the average uphill elevation shall be the basis for
the measurement.
SECTION 2. Port Orchard Municipal Code Section 16.20.701is hereby amended as
follows:
16.20- 701 VPOD — Residential building and structure height limitations.
(1) Residential Zoning Districts Permitted Heights. The maximum allowable building
height in residential zoning districts (Gb, R4.5, R8, R12, and R20) shall be 15 feet.
(2) Measurement. Buildings within the VPOD shall comply with the following height
restrictions: Building height shall not exceed a measurement of 15 feet from the mid-
point of the highest ridge line of the structure to the elevation of the uphill property
line. If the uphill property line is not level, the city shall use the average elevation of
the uphill property line for a basis of measurement. Variances to this view protection
height limit shall be reviewed by the hearing examiner.
(3) Residential Zoning Districts Conditional Heights. Allowable building height may
be increased up to 33 feet under a conditional use permit if, in addition to the
requirements of this title, it is demonstrated that:
Ordinance No. 028-ro
Page q of q6
(a) The view of adjacent land owners would not be significantly obstructed or
reduced, and solar access of neighboring lots is not significantly reduced. A view
shall be considered significantly obstructed or reduced if 30 percent or more of
the view to any view corridor from a primary living area is blocked.
(b) The maximum allowable structure height shall be 33 feet, provided the
maximum building height is not exceeded.
SECTION S. Port Orchard Municipal Code Section 16.20.0702 is hereby amended
as follows:
16.20.702 VPOD — Commercial building and structure height
limitations.
(r) Commercial Zoning Districts Permitted Heights. The maximum allowable
building height in commercial zoning districts (Co, Mxd, Eo, and Cf) shall be 27 feet.
(2) Measurement. Buildings within the VPOD shall comply with the following height
restrictions: Building height shall not exceed a measurement of 27 feet from the mid-
point of the highest ridge line of the structure to the elevation of the uphill property
line. If the uphill property line is not level, the city shall use the average elevation of
the uphill property line for a basis of measurement.
(3) Commercial Zoning Districts Conditional Heights. Allowable building height may
be increased up to 39 feet, to a maximum height of 48 feet, under a conditional use
permit if, in addition to the requirements of this title, it is demonstrated that:
(a) The view of adjacent land owners would not be significantly obstructed or
reduced (a view shall be considered significantly obstructed or reduced if 30
percent or more of the view to any view corridor from a primary living area is
blocked or, in the case of a commercial structure, from an office or public
space);
(b) Fire flow is adequate;
(c) No unstable slopes or soils are on the building site; and
(d) Solar access of neighboring lots is not significantly reduced.
SECTION 4. The Port Orchard Municipal Code Title 16 "Land Use Regulatory
Code" Chapter 16.30 is hereby amended as shown in Exhibit A attached hereto and
incorporated by this reference.
SECTION,. The Port Orchard City Council adopts the findings, conclusions, and
recommendations of Planning Commission Resolution PC 002-10 as shown in Exhibit B
attached hereto and incorporated by this reference.
SECTION 6. Savings Clause. The sections of the Port Orchard Municipal Code
referenced in Sections r through 4, above, of this Ordinance, and which are amended by this
Ordinance, shall remain in force and effect until the effective date of this Ordinance.
Ordinance No. 028-10
Page 4 of 26
SECTION7. 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 8. 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 14th day of December 2010.
ATT T:
Patricia atrick, AMC, City Clerk
APPROVED AS TO FORM:
Gregory A. a oby, i Attorney
Sponsored by:
L!e6ZZ)
Rob utaansuu, Councilmember
Chapter 16.30
GENERAL LAND USE REQUIREMENTS -TABLES
Sections:
16.30.010
Establishment of uses.
16.30.020
Interpretation of land use tables.
16.30.030
Land Use Tablet — Government/Business Services.
16.30.040
Land Use Table 2—General Services.
16.30.050
Land Use Table 3—Manufacturing.
16.30.060
Land Use Table 4—Recreational/Cultural.
16.30.070
Land Use Table 5 — Regional.
16.30.080
Land Use Table 6 — Residential.
16.30.090
Land Use Table 7 — Resource.
16.30.100
Land Use Table 8 — Retail.
16.30.010 Establishment of uses.
Ordinance No. 028-10
Exhibit A
The use of a property is defined by the activity for which the building or lot is intended, designed, occupies, or
maintained. The use is considered permanently established when that use will or has been in continuous
operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a
temporary use, and subject to the requirements of this title. All applicable requirements of this title, or other
applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area.
16.30.020 Interpretation of land use tables.
The land use tables in this title determine whether a specific use is allowed in a zone district. The zone district is
located on the column and the specific use is located on the row of these tables.
(1) If no symbol appears in the box at the intersection of the column and the row, the use is not
allowed in that district, except for certain temporary uses.
(2) If the letter "P" appears in the box at the intersection of the column and the row, the use is
allowed in that district subject to the review procedures and general requirements specified in this document.
(3) If the letter "C" appears in the box at the intersection of the column and the row, the use is
allowed subject to the conditional use review procedures and general requirements specified in this document.
(4) If a number appears in the box at the intersection of the column and the row, the use may be
allowed subject to the appropriate review process indicated above, the general requirements of this document,
and the specific conditions indicated in the development condition with the corresponding number immediately
following the land use table.
(5) If more than 1 letter -number combination appears in the box at the intersection of the column
and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the
review process indicated by the letter, the general requirements of this document, and the specific conditions
indicated in the development condition with the corresponding number immediately following the table.
(6) All applicable requirements shall govern a use whether or not they are cross-referenced in a
section.
Ordinance No. 028-10
Exhibit A
16.30.030 —Table 1
Government /business services land uses
(p=permitted, c=conditional, a=administrative permit required)
v v
0 \ \ N N
W •' = C C N N ,n
C C J J J U
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C C C C C E in > 0 J
v v v v v E c E
y y y n u
°i w `m w o x o
W W W E VE
U o m w 0 U
Government services
GB
RMH
RCS
R6
R32
OD
Wd
W
C
*
Public agency office
c
p
c
p
p
*
Public agency yard
p
p
•
Public agency archives
P
p
p
921
Court
p
9221
Police facility
p
9224
Fire facility
p
•
Subregional utility
C
c
C
C
c
c
c
c
c
p
•
Minor communications facility
p2
p2
p2
p2
p2
p2
p2
_P2
p2
p
p
Business services
15-17
Construction and trade
p3
p3
p
Individual transportation and
*
taxi
p
421
Trucking and courier service
c4
c4
p
Warehousing and wholesale
*
trade
c
p
*
Self-service storage
c5
c5
C
p
4221
Farm product warehousing
p
Farm product refrigeration and
4222
1 storage
p
•
Log storage
Water transportation of
44
passengers
p8
p8
p8
p8
47
Transportation service
p3
p3
p
48
Communication offices
p3
p3
p3
p
*
General business service
p
p
p
*
Professional office
p
a
p
p
7312
Outdoor advertising service
p3
p
735
Miscellaneous equipment rental
c
p
751
Automotive rental and leasing
I p
I
p
752
Automotive parking
c
a9
a9
a9
a9
p
p
Professional sport
7941
teams/promoters
p3
p3
p3
p
Research, development and
873
testing
pl
pl
I p
I p
Heavy equipment and truck
*
repair
p
Commercial/industrial accessory
`
uses
p6
p6
p
*
Helipad
C
c
c
p7
Ordinance No. 028-10
Exhibit A
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Only SIC industry number 8732 and 8734 - Commercial economic, sociological and education research.
2: Subject to conditional approval when the tower or antenna support will exceed the height limits of the underlying zone.
3: Limited to office use.
4: Limited to SIC industry number 4215-Courier Services, except by air.
5: Accessory to a multifamily development of at least 12 units provided:
a: The gross floor area in the self-service storage shall not exceed the total gross floor area of the multifamily dwellings.
b: All outdoor lights shall be deflected, shaded, and focused downward away from all adjoining property.
c: The use of the facility shall be limited to the occupant's household goods.
d: No servicing or repair of motor vehicles, boats, trailers, lawn mowers of similar equipment.
e: No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals.
f: No residential occupancy of the storage units.
g: No business activity other than rental of storage units by occupants.
h: A resident shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance
with the conditions of approval.
6: Storage limited to accessory storage of commodities sold at retail on the premises or materials used in the fabrication of
commodities sold on the premises.
7: Limited to emergency medical evacuation sites in conjunction with police, fire, health or public service facility.
8: Subject to conditional approval when additional parking is required.
9: Subject to conditional approval within Downtown Overlay District, or if a parking structure is proposed
10: Permitted Uses within SIC code is subject to provisions identified below:
a: SIC codes 7311-7313, 7319,7323,7336,7338, 7371-7376,7379 are Permitted uses, limited to office, desktop
design, & desktop graphic work. All other activities must be off -site. No onsite retail sales.
b: SIC Codes 7322, 7361, 7363, 7383, require administrative approval and are limited to office activities only.
c: SIC Codes 7331, 7334, 7335, 7342, 7349, 7352, 7353, 7359, 7377, 7378, 7381, 7382, 7384, & 7389 are not
permitted uses. Other SIC codes under the 73 general category, if not specifically identified in 10a or 10b
above, are not permitted uses.
Ordinance No. 028-10
Exhibit A
16.30.040 —Table 2
General services land uses
(p=permitted, c=conditional, a=administrative permit required)
a m
a v v `u u
W U m M
O O O N N a
C C J J C J L
J J O O G =
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O W N W
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Personal services
60
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K4
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FM
CID !
M
Md
ED
72 1
General personal services
p
p
c
7216
Dry cleaning plants
p
7218
Industrial launderers
p
7261
Funeral home/crematory
c
c
c
c
c
p3
Cemetery, columbarium or
*
mausoleum
P
*
Daycare
p
p5
p5
p5
p5
p5
p
P5
p
p
p
*
Veterinary clinic
p4
p4
p4
753
Automotive repair
pl
cl
pl
c
754
Automotive service
p
c
p
*
Marina -boat repair
I
p
p
p
762/3 1
Misc repair-electrical/electronic
p
p
p
764/9
Misc repair-furniture/welding
c
I c
p
83
Social services
p2
a
p2
p
p2
*
Stable
c
c
*
Kennel or cattery
c
c
c
866
Churches, synagogue, temple
c
c
c
c
c
p
Health services
801-4
Office/patient clinic
c
p
p
p
p
Nursing and personal care
805
facilities
c
p
p
p
806
Hospital
p
807
Medical/dental lab
p
p
P
p
p
808-9
Miscellaneous health
p
c
p
p
Education services
Elementary or middle/junior
*
high
c
c
c
c
p
*
Secondary or high school
c
c
c
c
p
•
Vocational school
c
c
c
c
p
•
Specialized instruction school
c
c
c
c
p
p
p
*
School district support facility
c
c
c
c
p
c
8221-2
College/university
c
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Except SIC industry group number 7534-Tire retreading, see manufacturing table.
2: Except SIC industry group # 835-Daycare and 836-Residential care -see residential land use table.
3: Only as an accessory to a cemetery.
4: No burning of refuse or dead animals is allowed.
5: If less than or equal to 6 children, the use is permitted. Otherwise an administrative permit is required.
6: No kennel operations allowed.
Ordinance No. 028-10
16.30.050 — Table 3 MI OIL M
Manufacturing land uses
(p=permitted, c=conditional, a=administrative permit required)
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Manufacturing land uses
20 Food processing and kindred products
cl
cl
p2 4
T—W
MOM
p2,4
p2
2082/5
Winery/brewery
c
c
c
c
p
22
Textile mill products
c
23
Apparel and other textile products
c
c
p
24
Wood products except furniture
c3
c3
p
25
Furniture and fixtures
p4
p4
p
26
Paper and allied products
c
27
Printing and publishing
c
c
c
c
p
p
p
28
Chemicals and allied products
c
Petroleum refining and related
29
products
c
30 1
Rubber and misc plastics
c
31
Leather and leather goods
p4
p4
c
Stone, clay, glass and concrete
32
products
p4
p4
p
33
Primary metal industries
c
34
Fabricated metal products
p
p
35
Industrial and commercial machinery
I
p
351-56
Heavy machinery and equipment
p
357
Computer and office equipment
c
c
p
Electronic and other electric
36
1 equipment
c
c
p
374
Railroad equipment
c
376
Guided missile and space vehicle parts
p
379
Miscellaneous transportation vehicles
p
Measuring and controlling
38
instruments
p
p
p
39
Miscellaneous light manufacturing
c4
c4
p
Motor vehicle and bicycle
*
manufacturing
c4
c4
p
*
Aircraft, ship and boat building
c4
c4
p
7534
Tire retreading
c
781-82
Movie production/distribution
c
I a6
c
p
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Limited to agricultural products grown on -site, provided structures and areas used for processing shall maintain a minimum
distance of 75 feet from property lines adjoining residential zones.
2: Except slaughterhouses.
3: Limited to uses found in SIC industry groups 2434-Wood kitchen cabinets and 2431-Millwork (excluding planing mills).
4: Permitted if within enclosed buildings and as an accessory use to retail sales.
5: Permitted Uses within SIC code is subject to provisions identified below:
Ordinance No.
�OT 0h288-10
a: SIC Codes 2711, 2721, 2741, 2761, 2771, 2796 require administrative approval and are limited tc1'&A
activities only.
b: SIC Codes 2731, 2732, 2752, 2754, 2759, 2782, 2789, & 2791 are not permitted uses. Other SIC codes under
the 27 general category, if not specifically identified in 5a above, are not permitted uses.
6: Permitted Uses within SIC code is subject to provisions identified below:
a: SIC Code 7819 requires administrative approval and are limited to office activities only.
b: SIC Codes 7812, 7822, 7829, 7832, 7833, & 7841 are not permitted uses. Other SIC codes under the 78
general category, if not specifically identified in 6a above, are not permitted uses.
Ordinance No. 028-10
Exhibit A
16.30.060 —Table 4
Recreational/cultural land uses
(p=permitted, c=conditional, a=administrative permit required)
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Park and recreation
16a
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R20
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ED
CF '..
*
Park
c
c
c
c
c
c
c
C
c
c
pl
*
Trail
p
p
p
p
p
p
p
p
p
p
p
*
Campground
c
*
Destination resort
c
c
c
*
Marina
p
c
p
p
*
Recreational vehicle park
c2
c2
Amusement/entertainment
7832
Theater
p3
p3
p3
7833
Theater, drive-in
c
79
Miscellaneous Amusements
c
c
c
792
Plays/theatrical production
c3,6
p3
p3
p3
793
Bowling center
p
c
*
Sports club
c
p
p
p
p
*
Golf facility
p4
7999
Golf driving range
p4
Shooting range - guns and
"
firearms
c
*
Archery range
c
c
c
*
Adult entertainment facilities
c3
*
Amusement arcades
p
p
c
p
Cultural
823
Library
p5
p5
p5
p5
p5
p
C
p
c
p
841
Museum
p5
p5
p5
p5
p5
p
C
p
c
p
842
Arboretum
c
I
I
I p
_._,C...
p
c
p
*
Conference center
c
p
p
c
p
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Lighting for structures and fields shall be shielded and directed away from residential areas.
2: Recreational vehicle parks are subject to the following conditions and limitations:
a: The maximum length of stay of any unit shall not exceed 180 days unless otherwise stipulated; and
b: The minimum distance between recreational vehicle pads shall be not less than 10 feet; and
c: Sewage shall be disposed in a system approved by the Kitsap County Health Department.
3: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers,
public parks, community centers, public libraries or churches that conduct religious or educational classes for minors.
4: Lighting shall be shielded and directed away from residential areas.
5: Only as an accessory to an historic site or building.
6: Only of a limited outdoor nature such as an interpretive assembly or amphitheater.
Ordinance No. 028-10
Exhibit A
16.30.070 —Table 5
Regional land uses
(p=permitted, c=conditional, a=administrative permit
required)
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Regional land uses
* Jail
c
*
Work release facility
c
Public agency animal control
*
facility
c
c
*
Public agency training facility
c
c
*
Hydroelectric generation facility
c
Non -hydroelectric generation
*
facility
c
c
c
c
c
c
c
c
c
c
*
Major communication facility
c
c
c
c
c
c
c
c
c
c
*
Earth station major
c
c
c
c
c
c
c
c
c
c
*
Energy resource recovery facility
c
c
*
Landfill
c
*
Transfer station
I c
p
*
Interim recycling facility
p2
p2
p3
p2
*
Wastewater treatment facility
I p
*
Municipal water production
p
*
Airport/heliport
c
*
Landing field
c
*
Transit bus base
c4
rc4
c
c
Transit park -and -ride lot
c
c
p
*
School bus base
c
c
7941
Stadium/arena
c
7948
Racetrack
c
*
fairground
c
8422
1 Zoo/wildlife exhibit
cl
cl
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Except arboretum - see Recreational/cultural land use table.
2: Limited to drop box facilities
3: All processing and storage of material shall be within enclosed buildings and excluding yard waste processing.
4: Bus storage only.
Ordinance No. 028-10
Exhibit A
16.30.080—Table 6
Residential land uses
(p=permitted, c=conditional, a=administrative permit required)
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Dwelling
units
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RLs
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11112111
CID
_
ED
CF
*
Single family detached
p
p
p
p6
p.r
*
Single family attached
p
p
p
p
*
Multifamily
L
p
p
c7
p
*
Mobile home park
p
*
Houseboat
c
c
c
c
Group residences
*
Senior citizen assisted
a
p
p
p
c7
't 4A;
c
c
Community residential facility-
*
CRF
c
c
c
c
c
*
CRF-prisoner release
c
c
*
Dormitory
c2
Accessory uses
*
Residential living quarters
a3
a3
a3
p
a
a3
p
*
Home (cottage) industry
a
a
a
a415
a
a
*
Home occupation
a
a
a
a
a4,5
a
p
*
Home profession
p
p
p
p
p
p
p
p
Temporary lodging
7011
Hotel/motel
p1
cl
*
Bed and breakfast
c
c
c
c
c
c
p
a
p
Organization hotel/lodging
7041
houses
c
c
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Except bed and breakfast.
2: Only as an accessory to a school, college/university, church or conference center.
3: Accessory dwelling units:
a: Only one accessory dwelling per lot;
b: The primary residence or the accessory dwelling unit shall be owner occupied;
c: The accessory dwelling unit shall not be larger than 50 percent of the living area of the primary residence;
d: One additional off-street parking space is provided; and
e: The accessory dwelling unit shall be converted to another permitted use or shall be removed if at least one of the units
ceases to be owner occupied.
4: No customers are allowed on site.
5: In R20 zone, Home (cottage) Industry and Home Occupation are allowed in single-family detached homes only.
6: Permitted with approval of a Planned Residential Development.
7: Permitted as part of Mixed -Use development with approval of a Conditional Use Permit (Maximum R-20 density)
Ordinance No. 028-10
Exhibit A
16.30.090—Table 7
Resource land uses
(p=permitted, c=conditional, a=administrative permit
required)
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v
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Agriculture
01 Growing and harvesting crops
p6
c
c
c
181
Greenhouses and nurseries
c
c5
c5
c5
Raising livestock and small
02
animals
p7
c
c
c
Forestry
Growing & harvesting forest
08
products
p
*I
Forest research
p
p2
p2
p2
Fish and wildlife management
921
Hatchery/fish preserve
pl
273
Aquaculture
pi
*
Wildlife shelters
p
c3
Mineral
10-13
1 Mineral extraction
14
Mining and quarrying
c
32
Processing of minerals
c4
c4
c
Asphalt paving mixtures and
2951
blocks
c
p
Resource accessory uses
* Resource accessory uses
c
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: May be further subject to the provisions of the Shoreline Management Program.
2: Only forest research conducted within an enclosed building.
3: Only within an approved enclosed or contained facility subject to appropriate county and state requirements.
4: Only artisan type activities, such as pottery or glass blowing, which are a secondary or accessory use to a retail activity.
5: As a secondary or accessory use to a residential activity without retail sales, where larger than 200 square feet.
6: May be further subject to the provisions of EPA and DOE in regard to the use of fertilizers, pesticides, and other chemicals.
7: May be further subject to the provisions of EPA and DOE in regard to the buffering of streams, wetlands, and other freshwater
corridors.
Ordinance No. 028-10
Exhibit A
16.30.100 —Table 8
Retail land uses
(p=permitted, c=conditional, a=administrative permit required)
a v
C W U u u
L 0 o N
C
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c c > > c a
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I I I p LL
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Retail land uses
R8
Itl2
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(f
5271
Mobile home sales
c
p
*
Building, hardware and garden materials
I p
vi—I
p
*
Forest products sales
c
I
I p
*
Department and variety stores
p
p
54
Food stores
p
p
p2
*
Agricultural crop sales
c3
c3
*
Motor vehicle dealers
p
c
p
553
Auto supply store
p4
p4
p
554
Gasoline service station
p
c
p
555
Boat dealers
p
c
p
56
Apparel and accessory stores
p
p
*
Furniture and home furnishing stores
p
p
58
Eating and drinking places
p6
p6
a2,6
*
Adult entertainment facilities
p5,6
*
Drug stores
p
p
c2
592
1 Liquor stores
p
p
593
Used goods: antiques/secondhand shops
p
p
594
Miscellaneous shopping goods
p
p
*
Book, stationery, video and art supply
p6
p6
*
Monuments, tombstones and gravestones
p
I p
*
Bulk retail
p
c
*
Auction houses
c
c
598
Fuel dealers
p7
Petshop
p
4p7!p
P2,
6512
Banks and financial services
p
8
Petroleum
29117 Petroleum refining c
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Only hardware and garden materials shall be permitted.
2: Limited to 25%of gross floor area up to 4,000 square feet.
3: a: Limited to products grown on -site; and
b: Covered sales area shall not exceed 1,000 square feet.
4: Only the sale of new or reconditioned automobile supplies is permitted.
5: Excluding SIC industry number 5813-Drinking places.
6: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers,
public parks, community centers, public libraries, or churches that conduct religious or educational classes for minors.
7: Limited to office use.
8. Drive through not permitted
Ordinance No. 028-10
Exhibit B
CITY OF PORT ORCHARD
PLANNING COMMISSION
RESOLUTION NO. 002-10
A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING
COMMISSION REVISING THE CITY OF PORT ORCHARD TITLE 16:
LAND USE REGULATORY CODE LAND USE TABLES FOR BUSINESS
PROFESSIONAL ZONE AS SHOWN ON "EXHIBIT A".
WHEREAS, on December 91h, 2008, by Ordinance No. 042-08, the Port Orchard City
Council approved the 2008 Port Orchard Comprehensive Plan Update which created the
Business Professional zone within the Commercial Retail -Office Comprehensive Plan
Designation; and
WHEREAS, on December 22"d, 2009, by Ordinance No. 010-09, the Port Orchard City
Council amended the Port Orchard Municipal Code Title 16 Land Use Regulatory Code to make
provision for permitted uses within the Business Professional zone; and
WHEREAS, at the direction of the City Council, the Port Orchard Planning Commission
has undertaken a comprehensive review of Port Orchard Municipal Code Title 16 Land Use Tables
in order to permit certain uses within the Business Professional zone; and
WHEREAS, the Planning Commission held a public meeting on January 25`h, 2010, which
meeting was properly noticed and open to the public, with continued discussions on February
22nd, 2010, March 15', 2010, April 19', 2010, and May 17d', 2010, to prepare recommendations
for code revisions to the Land Use Tables 16.30.030 — 100 in Title 16 Land Use Regulatory Code as
shown in "Exhibit A"; and
WHEREAS, after considering input from Planning Commission members and the public, the
Planning Commission finds that the Land Use Regulatory Code serves the public health, safety, and
general welfare of the citizens of Port Orchard; and
WHEREAS, the Planning Commission also finds that the Land Use Regulatory Code is
consistent with the goals and policies of the City's Comprehensive Plan and with the Growth
Management Act, Chapter 36.70A RCW; now, therefore,
WHEREAS, Following timely and effective notice, on May 17th, 2010, the Planning
Commission completed deliberations in regards to the proposed changes for Title 16, Land Use
Regulatory Code as shown in attached "Exhibit A".
Ordinance No. 028-10
Exhibit B
FINDINGS
The Port Orchard Planning Commission makes the following findings regarding the amendments to
Port Orchard's Land Use Regulatory Code:
1. A public meeting was held on January 25d', 2010, with continued discussions on February
22"d, March 151h, April 19`h, and May 17'' 2010, on the proposed updates to Title 16 Land
Use Regulatory Code Land Use Tables 16.30.030 -100.
2. During the public meeting verbal testimony was heard in regard to the revisions of Title 16
Land Use Regulatory Code Land Use Tables 16.30.030 - 100.
3. During the comment period, written comments were received and are attached herein.
4. The Planning Commission reviewed and discussed comments received, and recommended
to forward to City Council certain revisions to the City Council for review and consideration.
CONCLUSIONS
1. The Planning Commission has deliberated the merits of the proposed revisions to Title 16
Land Use Regulatory Code Land Use Tables 16.30.030 — 100 shown in attached "Exhibit A".
2. The Planning Commission forwards to the City Council this resolution with a
recommendation for approval for the revisions to Title 16 as shown in attached "Exhibit A".
3. The Planning Commission has determined that the proposed revisions to Title 16 are
consistent with the goals and policies of the 2008 Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED THAT: The Planning Commission of the City of Port Orchard
hereby recommends that the City Council approve the attached revisions to the Port Orchard
Municipal Code.
PASSED by the Planning Commission of the City of Port Orchard this 17`h day of May, 2010.
LA= "
B kAshby, Planning Commissilf Chairman
ATTEST:
?e. aver, City Development Director
WestSound Engineering, Inc.
January 27, 2009
Thomas Bonsell, Assistant Planner
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Re: Parcell Number 032301-1-016-2005,1914 Pottery Avenue
Dear Mr. Bonsell,
Ordinance No. 028-10
Exhibit B
217 Wilkins Drive S.W.
Port Orchard, Washington 98366-4741
(360) 876-3770 • Fax: 1360( 876-0439
On behalf of Pottery LLC, I want to thank you for the City's excellent work to update the comprehensive
plan. It is my understanding, that as a result of this update, the above referenced parcel has the
commercial designation of business professional. This letter is our request for the City to consider an
additional land use for this designation.
The recently completed building located on the adjacent parcel, 1922 Pottery Avenue, has been leased
to a drug and alcohol counseling business, newly established in the City of Port Orchard. At this facility
they provide a one -month program for clients to overcome their addiction. The clients are housed in
single family homes located in the area and are transported daily to this facility for education and
training.
The owner would like to house some of their clientele on site. A new facility would be built on this parcel
to provide individual bedrooms, a cafeteria, gym, and possibly a swimming pool. It is my understanding
that this land use would fall under the classification of "residential care" SIC #8361. Currently this land
use is allowed by conditional use permit in residential zones. We propose that this use be allowed in the
professional business zone for the following reasons.
1. Retail Use: The business professional zone designation is intended to limit the amount, size
and type of retail uses. This particular use would generate little or no retail sales.
2. Traffic: There would be less daytime traffic, even less than typical office use, for the amount
of building square footage. Clientele are not allowed to drive. Traffic would be limited to the
staff and occasional deliveries.
3. Major Employment Centers: Although this use would not directly support the major
employment centers identified in the comprehensive plan, it is compatible with the hospital,
urgent care and group health business located in the area.
4. Housing these clients in a controlled environment is better than housing them in detached
single family residences scattered throughout the area.
Ordinance No. 028-10
Exhibit B
As the City deliberates changes to the land use table, we request consideration of the residential care
use for the professional business zone classification. Attached is a sketch of the above -mentioned
parcels with the current approved site plan. Please contact me for any questions.
Sincerely
Craig T. aldwin, P.E.
Copy: Jake Barth
Enc. - Site Plan
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Ordinance No. 028-10
Exhibit B
July 14, 2009
To the Members of the City Council of Port Orchard:
I heard the city is updating the fee structure for Home Occupation permits. I hope I'm not
too late to voice my suggestions.
I am a cosmetologist and I would like to have a small salon in my home. I meet all the
laws established for the State of Washington Cosmetology concerning licensing for a
home salon business. These laws are to protect the public and salons are inspected every
year. With annual license fees, salon insurance and a CPA to figure the taxes, one must
be serious about wanting to do business in their home. 1 feel it is a privilege and as a tax
paying citizen it is important to me to be in good standing.
I love living in Port Orchard and I feel it is important not to disturb the integrity of our
neighborhoods. I want to be a good neighbor. I do meet all the requirements the city ask,
however, when considering fees, I ask you to please have mercy on the single person
wanting a small business, no employee's, no sign, just a small private appointment only
one -chair salon with a small budget trying to make a living.
I did call Gig Harbor City Planner to ask what their fees and rules were for a home
business.
• They have a $50 fee, plus your city business license.
• As with Port Orchard all work such as plumbing, electrical or re -model must be
done by a bonded professional and of course any permit fees required by the city
needed for installation.
• They do not allow any signs or landscaping to resemble a business, basically they
said, "if someone is standing in front of your home, it should look like a home,
smell like a home and feel like a home." However, I think a small tasteful sign say
Ift byIft would not take away the integrity of a neighborhood.
Again I would like to thank -you for your consideration. Could you please contact me if
there is a date for public input at the City Council meetings?
Sincer
Diana McConaghy
924 Sidney ave.
Port Orchard, WA 98366
360-876-0921
BRIDGEPORT DAFFODIL, LLC Ordinance No. 028-10
MARC ISLAM 26C1 Cherry Ave., Suite 300
HILARY HARTER Bremerton, WA 96310-4203
Managers Phone & Fax: (360) 373-0453
City Council
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
November 23, 2009
I represent Bridgeport Daffodil, LLC, which acquired the Cedar Heights
Professional Center at 1950 Pottery Ave, towards the Southern edge of
the Hospital Benefit District. I would like to submit the following
comments for the public hearing scheduled for November 24, 2009:
I reviewed the draft LURC with some dismay as it pertains to our
building, specifically the exclusion of Day Care. As you know, re-
zoning a building from Commercial to `Business Professional" further
restricts the types of businesses that can exist in our location.
Our building is very well suited for a day care, and we have been
pursuing leasing opportunities along those lines. This new designation
excludes day cares with more than 6 children.
To make matters worse, Day Cares are not even conditionally permitted.
Comment
As you move away towards the periphery of the Hospital District, the LURC should consider the
needs of both the employers and employees of that district and mark those pertinent services as
conditional, at the very least. Ideally, I would like to see our property zoned as "Commercial -
retail and offices." Other services that could benefit the Hospital District, but which are
prohibited under the `Business Professional" zoning include: Day Care, General Personal
Services, Sports Club, Eating and Drinking Places. I'm sure there are others. The LURC should
not exclude services that benefit the largest employer in the area as long as they meet with the
vision of this new designation.
I would also like to bring to the council's attention that it was the recommendation of the
planning department to include Day Cares under the `Business Professional" designation. That
usage was removed by the planning commission for reasons not known to me.
Thank you for the opportunity to comment on the draft LURC.
Sincerely,
Marc Islam, Manager
Bridgeport Daffodil, LLC
Ordinance No. 028-10
Exhibit B
K. Franklin Tweten Received At
8216 Warren Dr.
Gig Harbor WA. 98335 DEC 0 8 2009
Mayor Larry Cappola, Port Orchard City Council Council Meeting
The business community of Port Orchard.
216 Prospect Street
Port Orchard WA. 98366
To the respected Council and the City Officials of Port Orchard,
On 11/24/2009 I attended a city council meeting, with many items on the agenda. My
concerns have to do with the Chapter 16 Land Use Regulatory Update. The first sentence
of the Executive Summary reads to accommodate the efficient and equitable processing
of development applications.
The second sentence states the inclusions of public officials and the citizens. I was a
citizen and property owner in one of the effected rezones. I attended many meetings. My
comments are nowhere in the voluminous draft. After many hours of reading, studying
the effects of its language I have a few concerns. The majority of the 134 pages are very
accurate, however eight pages need adjustments. They have to do with permitted uses.
Balance is needed; with out a balance of uses developments don't work as planned.
As I understand the new Business Professional zoning, it's at face value promoting
business and professional office space. However restrictions of whom and what type of
business and professional are entitled to use the spaces are almost discriminatory, we can
have a doctor of medicine but no doctor of veterinary. It doesn't allow a sub regional
utility to locate a billing facility, an intemet office not allowed. Engineers, architects,
building designers, contractors, no record storage for the neighboring businesses and
general business services not allowed. Professional offices need an administrative permit,
what do we need that kind of beaucarcey in the way of entrepreneurial spirit. This
document is meant to hold the door open for business and office users. A business of
advertising can't use the space, research and development offices not allowed. General
personal services not allowed, no physical therapy in area of two hospitals? A specialized
school can't rent space. Colleges/ universities can't hold classes in the area.
Food processing and kindred products not allowed, a coffee shop with fresh baked goods.
Computer and office equipment can't do business in the business/ professional zone. We
aren't allowed a connective trail or park setting in the area. No library, museum or
conference center allowed. No public agency can rent space for training.
No office space for major communications company.
We can have single family detached homes, multifamily not allowed, how about letting
workers live close to their work. Forest research office not allowed. Eating and drinking
places not allowed, we put the cars back on the road for another trip everyday.
Pharmacies, banks and financial services can't do business in our Professional/ Business
District. We can have a bed and breakfast business.
In summary there is a tremendous amount of good work in this proposal, it defines how
and where the building are going to be built and how they will look. The new design of
Tremont with its boulevard and roundabouts changes the character of Port orchard in its
Ordinance No. 028-10
Exhibit B
self. controlling traffic. It is the responsibility of our city to promote the entrepreneurial
spirit and not tie the hands of professional and business people trying to locate their new
business or relocate there existing business in our new business/ professional district.
With out a balance of businesses, business services and like minded people, the area
won't develop as intended. We need balance. We need to balance eight pages of this
wonderful draft.
The new road design for Tremont Street will dictate what types of businesses want to rent
space in the area. The city council needs to open the restrictions put in place by the
planning commission. Some of the discrepancies are of discriminatory nature. Port
Orchard is a city on the grow, I'm asking for the tools to do business in the area where I
own land and a building but can't do business. Right turns in and out don't attract the
types of business that line the sidewalks of Wheaton Way. A retail center lined with strip
malls will not accrue in the area.
Respectfully submitted,
Fr in ten
Ordinance No. 028-10
Exhibit B
TO: James Weaver/ Port Orchard Planning Commission
FROM: James and Paulette Colebank
1519 Roland Avenue
Port Orchard, WA 98366
DATE: 03/15/2010
SUBJECT: Comments on Business Professional Zoning
BACKGROUND: We requested and were approved to be in the Business Professional
Zoning classification. The zoning was approved by the City Council with the caveat that
the description would be reviewed for possible changes.
DISCUSSION: Let me begin by saying that we believe the Planning Commission has the
best interests of the city at heart and we respect the work you do. There aren't many
citizens who would volunteer their time and effort without a lot of appreciation.
We want the entry to Port Orchard to be a benchmark in beauty and functionality. We do
not want a Wheaton Way or a South Tacoma Way in Port Orchard. We understand that
fast food places, tire centers, bail bondsman, tattoo parlors or heavy equipment rental
centers would not be in keeping with the goal,
With that said, our understanding of the wording of the current zoning seems to be too
restrictive. We acknowledge that a zoning statement can never cover every possible use,
but we firmly believe that the wording should allow for future interpretation and
flexibility!
One example, as we understand it, is that under the current Business Professional Zoning,
Wet Apple Publishing would no longer be allowed in the zone. We believe that Wet
Apple Publishing is an excellent example of what might be allowed in the Business
Professional zone. The business doesn't have a lot of traffic; it is neat and well kept and
doesn't require a lot of city attention. Other examples could be an insurance agent
building, architect, a corner deli, a CPA, medical equipment rentals or small pharmacies.
The City of Port Orchard relies on funding provided by businesses. If the Business
Professional Zoning definition is too restrictive, revenue for the city will be lost. We
believe that it would be nice but an unrealistic plan to restrict the zoning to only medical
related businesses.
RECOMMENDATION: Make the Business Professional Zoning definition flexible,
appealable, and revenue supporting for the City of Port Orchard.
Thank you for list('e///'�/ppp�''ng,
J & Paulette Colebank
Chapter 16.30
GENERAL LAND USE REQUIREMENTS - TABLES
Sections:
16.30.010
Establishment of uses.
16.30.020
Interpretation of land use tables.
16.30.030
Land Use Table 1—Government/Business Services.
16.30.040
Land Use Tablet — GeneralServices.
16.30.050
Land Use Table 3— Manufacturing.
16.30.060
Land Use Table 4—Recreational/Cultural.
16.30.070
Land Use Tables — Regional.
16.30.080
Land Use Table 6—Residential.
16.30.090
Land Use Table 7—Resource.
16.30.100
Land Use Table 8—Retail.
16.30.010 Establishment of uses.
Ordinance Nq, O MW2Tio
�"x� t
The use of a property is defined by the activity for which the building or lot is intended, designed, occupies, or
maintained. The use is considered permanently established when that use will or has been in continuous
operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a
temporary use, and subject to the requirements of this title. All applicable requirements of this title, or other
applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area.
16.30.020 Interpretation of land use tables.
The land use tables in this title determine whether a specific use is allowed in a zone district. The zone district is
located on the column and the specific use is located on the row of these tables.
(1) If no symbol appears in the box at the intersection of the column and the row, the use is not
allowed in that district, except for certain temporary uses.
(2) If the letter "P" appears in the box at the intersection of the column and the row, the use is
allowed in that district subject to the review procedures and general requirements specified in this document.
(3) If the letter "C" appears in the box at the intersection of the column and the row, the use is
allowed subject to the conditional use review procedures and general requirements specified in this document.
(4) If a number appears in the box at the intersection of the column and the row, the use may be
allowed subject to the appropriate review process indicated above, the general requirements of this document,
and the specific conditions indicated in the development condition with the corresponding number immediately
following the land use table.
(5) If more than 1 letter -number combination appears in the box at the intersection of the column
and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the
review process indicated by the letter, the general requirements of this document, and the specific conditions
indicated in the development condition with the corresponding number immediately following the table.
(6) All applicable requirements shall govern a use whether or not they are cross-referenced in a
section.
Ordinance No�t0�2r8'SthW210
16.30.030 —Table 1
Government /business services land uses
(p=permitted, c=conditional, a=administrative permit required)
U v
N d W u u
pM M H N a m
V C L
t H _
N C C N l0 N
C C J J C O W
J J O O y O -
O V Ov C
E W N N N ry
is m m m a f0
U N
-o -o w
w a y v— a n u E
E
l7 K O. K K C K V O m w 0 V
Government services
* Public agency office c p c p p
*
Public agency yard
p
p
*
Public agency archives
P
p
p
921
Court
p
9221
Police facility
p
9224
Fire facility
p
*
Subregional utility
c
c
c
c
c
c
c
c
c
p
*
Minor communications facility
p2
p2
p2
p2
p2
p2
p2
p2
p2
p
p
Business services
15-17
Construction and trade
p3
p3
p
Individual transportation and
*
taxi
p
421
Trucking and courier service
c4
c4
p
Warehousing and wholesale
*
trade
c
p
*
Self-service storage
c5
c5
c
p
4221
Farm product warehousing
p
Farm product refrigeration and
4222
1 storage
p
*
Log storage
Water transportation of
44
passengers
p8
p8
p8
p8
47
Transportation service
p3
p3
p
48
Communication offices
p3
p3
p3
p
*
General business service
p
a10
p
p
*
Professional office
p
a
p
p
7312
Outdoor advertising service
p3
p
735
Miscellaneous equipment rental
c
p
751
Automotive rental and leasing
p
p
752
Automotive parking
c
a9
a9
a9
a9
p
p
Professional sport
7941
teams/promoters
p3
p3
p3
p
Research, development and
873
testing
pl
pl
p
p
Heavy equipment and truck
*
repair
p
Commercial/industrial accessory
*
uses
p6
p6
p
*I
Helipad
c
c
I c
I p7
Ordinance NUO28'S,W2 io
t
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Only SIC industry number 8732 and 8734 - Commercial economic, sociological and education research.
2: Subject to conditional approval when the tower or antenna support will exceed the height limits of the underlying zone.
3: Limited to office use.
4: Limited to SIC industry number 4215-Courier Services, except by air.
5: Accessory to a multifamily development of at least 12 units provided:
a: The gross floor area in the self-service storage shall not exceed the total gross floor area of the multifamily dwellings.
b: All outdoor lights shall be deflected, shaded, and focused downward away from all adjoining property.
c: The use of the facility shall be limited to the occupant's household goods.
d: No servicing or repair of motor vehicles, boats, trailers, lawn mowers of similar equipment.
e: No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals.
f: No residential occupancy of the storage units.
g: No business activity other than rental of storage units by occupants.
h: A resident shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance
with the conditions of approval.
6: Storage limited to accessory storage of commodities sold at retail on the premises or materials used in the fabrication of
commodities sold on the premises.
7: Limited to emergency medical evacuation sites in conjunction with police, fire, health or public service facility.
8: Subject to conditional approval when additional parking is required.
9: Subject to conditional approval within Downtown Overlay District, or if a parking structure is proposed
10: Permitted Uses within SIC code is subject to provisions identified below:
a: SIC codes 7311-7313, 7319,7323,7336,7338, 7371-7376,7379 are Permitted uses, limited to office, desktop design, &
desktop graphic work. All other activities must be off -site. No onsite retail sales.
b: SIC Codes 7322, 7361, 7363, 7383, require administrative approval and are limited to office activities only.
c: SIC Codes 7331, 7334, 7335, 7342, 7349, 7352, 7353, 7359, 7377, 7378, 7381, 7382, 7384, & 7389 are not permitted uses.
Other SIC codes under the 73 general category, if not specifically identified in 10a or 10b above, are not permitted uses.
Ordinance No. DWI to
t
16.30.040 —Table 2
General services land uses
(p=permitted, c=conditional, a=administrative permit required)
w w
L L V V
E
M N N N O 0
C
L
E
E
ry N C
ma ma N N N '` d N a+
E
D �,
y a a a a M E c y E
y o.
Q K CL G K G 2 V O m w 0 V
Personal services
72 General personal services p p c
7216
Dry cleaning plants
P
7218
Industrial launderers
p
7261
Funeral home/crematory
c
c
c
c
c
p3
Cemetery, columbarium or
*
mausoleum
P
*
Daycare
P
p5
p5
p5
p5
p5
P
p5
p
p
P
*
Veterinary clinic
p4
p4
p4
753
Automotive repair
Pl
cl
Pl
c
754
Automotive service
p
c
P
*
Marina -boat repair
P
P
p
762/3
1 Misc repair-electrical/electronic
P
p
p
764/9
Misc repair-furniture/welding
I
I
I
I c
I
I c
I p
83
Social services
p2
a
p2
p
p2
*
Stable
c
c
*
Kennel or cattery
c
c
c
866
Churches, synagogue, temple
c
c
c
c
c
p
Health services
801-4
Office/patient clinic
c
p
P
p
P
Nursing and personal care
805
facilities
c
P
p
P
806
Hospital
p
807
Medical/dental lab
p
p
p
p
p
808-9
Miscellaneous health
p
c
p
p
Education services
Elementary or middle/junior
*
high
c
c
c
c
p
*
Secondary or high school
c
c
c
c
p
*
Vocational school
c
c
c
c
P
*
Specialized instruction school
c
c
c
c
p
p
p
*
School district support facility
c
c
c
c
P
c
8221-2
College/university
c
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Except SIC industry group number 7534-Tire retreading, see manufacturing table.
2: Except SIC industry group # 835-Daycare and 836-Residential care - see residential land use table.
3: Only as an accessory to a cemetery.
4: No burning of refuse or dead animals is allowed.
5: If less than or equal to 6 children, the use is permitted. Otherwise an administrative permit is required.
6: No kennel operations allowed.
Ordinance Nq 01rl'W2Tio
t
16.30.050 — Table 3
Manufacturing land uses
(p=permitted, c=conditional, a=administrative permit required)
v `
w v v u u
E u u m m
ry m o i
C C
L J O O N C J W
C
O—
a 06 d 1 m
p LL
ry N C
m m m ma.0 a` N E .�
c c c c c `y vi E J
y v v a a a E N y 0 u E
y
z a z z z z U o w o
l7 mJ U
Manufacturing land uses
20 Food processing and kindred products cl cl p2,4 p2,4 p2
2082/5
Winery/brewery
c
c
c
c
p
22
Textile mill products
c
23
Apparel and other textile products
c
c
p
24
Wood products except furniture
c3
c3
p
25
Furniture and fixtures
p4
p4
p
26
Paper and allied products
c
27
Printing and publishing
c
c
c
c
p
a5
p
p
28
Chemicals and allied products
c
Petroleum refining and related
29
products
c
30
Rubber and misc plastics
c
31
Leather and leather goods
p4
p4
c
Stone, clay, glass and concrete
32
products
p4
p4
p
33
Primary metal industries
c
34
Fabricated metal products
p
p
35
Industrial and commercial machinery
p
351-56
Heavy machinery and equipment
p
357
Computer and office equipment
c
c
p
Electronic and other electric
36
equipment
c
c
p
374
Railroad equipment
c
376
Guided missile and space vehicle parts
p
379
Miscellaneous transportation vehicles
p
Measuring and controlling
38
instruments
p
p
p
39
Miscellaneous light manufacturing
c4
c4
p
Motor vehicle and bicycle
manufacturing
c4
c4
p
L28Movie
Aircraft, ship and boat building
c4
c4
p
Tire retreading
c
production/distribution
c
a6
c
p
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Limited to agricultural products grown on -site, provided structures and areas used for processing shall maintain a minimum
distance of 75 feet from property lines adjoining residential zones.
2: Except slaughterhouses.
3: Limited to uses found in SIC industry groups 2434-Wood kitchen cabinets and 2431-Millwork (excluding planing mills).
4: Permitted if within enclosed buildings and as an accessory use to retail sales.
Ordinance Nq 028'SM IT^
2-to
5: Permitted Uses within SIC code is subject to provisions identified below:
a: SIC Codes 2711, 2721, 2741, 2761, 2771, 2796 require administrative approval and are limited to office activities only.
b: SIC Codes 2731, 2732, 2752, 2754, 2759, 2782, 2789, & 2791 are not permitted uses. Other SIC codes under the 27
general category, if not specifically identified in 5a above, are not permitted uses.
6: Permitted Uses within SIC code is subject to provisions identified below:
a: SIC Code 7819 requires administrative approval and are limited to office activities only.
b: SIC Codes 7812, 7822, 7829, 7832, 7833, & 7841 are not permitted uses. Other SIC codes under the 78 general category, if
not specifically identified in 6a above, are not permitted uses.
Ordinance Nq 0I gl,W Teo
t
16.30.060 — Table 4
Recreational/cultural land uses
(p=permitted, c=conditional, a=administrative permit
required)
E
U
U
d
u
d
u
O
t
M
M
N
Y
N
Y
C
v
Y
-
C
Y
C
J
J
=
C
Y
J
G1
O
J
V1
J
O
N
O
O
A
W
O
N
"O
C
Y
'u
E
v
ro
4!M
m
m
A
_
o
a
c
a
c
v
c
v
c
c
E
c
0 ,
E
v
L
v
a
y
o. u
t7
C O.
K
K
K
C
U O
m
w 0
U
Park and recreation
* Park
c
c
c
c
c
c
c
c
c
c
pl
*
Trail
p
p
p
p
p
p
p
p
p
p
p
*
Campground
c
*
Destination resort
c
c
c
*
Marina
p
c
p
p
*
Recreational vehicle park
c2
c2
Amusement/entertainment
7832
Theater
p3
p3
p3
7833
Theater, drive-in
c
79
Miscellaneous Amusements
c
c
c
792
Plays/theatrical production
c3,6
p3
p3
p3
793
Bowling center
p
c
*
Sports club
c
p
p
p
p
*
Golf facility
p4
7999
Golf driving range
p4
Shooting range - guns and
*
firearms
c
*
Archery range
c
c
c
*
Adult entertainment facilities
c3
*
Amusement arcades
p
p
c
p
Cultural
823
Library
p5
p5
pS
p5
pS
p
c
p
c
p
841
Museum
p5
p5
p5
p5
p5
p
c
p
c
p
842
Arboretum
c
p
c
p
c
p
*
Conference center
c
p
p
c
p
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Lighting for structures and fields shall be shielded and directed away from residential areas.
2: Recreational vehicle parks are subject to the following conditions and limitations:
a: The maximum length of stay of any unit shall not exceed 180 days unless otherwise stipulated; and
b: The minimum distance between recreational vehicle pads shall be not less than 10 feet; and
c: Sewage shall be disposed in a system approved by the Kitsap County Health Department.
3: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers,
public parks, community centers, public libraries or churches that conduct religious or educational classes for minors.
4: Lighting shall be shielded and directed away from residential areas.
5: Only as an accessory to an historic site or building.
6: Only of a limited outdoor nature such as an interpretive assembly or amphitheater.
re .
16.30.070 —Table 5
Regional land uses
(p=permitted, c=conditional, a=administrative permit
required)
v
v
w
v
u
v
u
O
L
N
C
N
C
C
C
J
E
J
M
N
C
ti
J
�
U
O
J
v1
J
O
N
O
N
v
O
N
V
CV
—
+=
1
p
LL
a+
m
I
m
m
I
m
I
is
a`
vNvi
C
v
C
v
C
a
C
v
C
a
C
a
E
N
c
y
)
n u
E
w
y
v `m
v
W
W
W
o
J
25
E E
o
c7
a
¢
s
U o
m
w 0
u
Regional land uses
* Jail
c
*
Work release facility
c
Public agency animal control
*
facility
c
c
*
Public agency training facility
c
c
*
Hydroelectric generation facility
c
Non -hydroelectric generation
*
facility
c
c
c
c
c
c
c
c
c
c
*
Major communication facility
c
c
c
c
c
c
c
c
c
c
*
Earth station major
c
c
c
c
c
c
c
c
c
c
*
Energy resource recovery facility
c
c
*
Landfill
c
*
Transfer station
c
p
*
Interim recycling facility
p2
p2
p3
p2
*
Wastewater treatment facility
p
*
Municipal water production
p
*
Airport/heliport
c
*
Landing field
c
*
Transit bus base
c4
c
c
Transit park -and -ride lot
c
c
p
*
School bus base
rc4
c
c
7941
Stadium/arena
c
7948
Racetrack
c
*
Fairground
c
8422
Zoo/wildlife exhibit
cl
cl
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Except arboretum - see Recreational/cultural land use table.
2: Limited to drop box facilities
3: All processing and storage of material shall be within enclosed buildings and excluding yard waste processing.
4: Bus storage only.
Ordinance No�X02
IttMW210
A
16.30.080 —Table 6
Residential land uses
(p=permitted, c=conditional, a=administrative permit
required)
w
a
D
\
\
N
N
17
C
C
J
J
.�
C
J
O
0
J
Ul
J
O
O
N
O
M
o
a
-
E
�
oo
LL
m
m
m
m
is
Ta
p
N
c
E
y
v
v
v
72
L
K 2
¢
C
K
K
V O
m
w 0
17
Vo
Dwelling units
* Singlefamilydetached
p
p
p
p
p6
p
*
Single family attached
p
p
p
p
*
Multifamily
p
p
c7
p
*
Mobile home park
p
*
Houseboat
c
c
c
c
Group residences
*
Senior citizen assisted
a
P
p
p
c7
c
Community residential facility-
*
CRF
c
c
c
atcc2
*
CRF-prisoner release
c
*
Dormitory
Accessory uses
*
Residential living quarters
a3
a3
a3Cp
a
a3pHome
(cottage) industry
a
a
a
Aa
a
Home occupation
a
a
a
a
Aa
p
Home profession
p
p
p
P
p
pp
p
Temporary Lodging
7011
Hotel/motel
pl
cl
*
Bed and breakfast
c
c
c
c
c
p
a
p
Organization hotel/lodging
tl
7041
houses
c
c
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Except bed and breakfast.
2: Only as an accessory to a school, college/university, church or conference center.
3: Accessory dwelling units:
a: Only one accessory dwelling per lot;
b: The primary residence or the accessory dwelling unit shall be owner occupied;
c: The accessory dwelling unit shall not be larger than 50 percent of the living area of the primary residence;
d: One additional off-street parking space is provided; and
e: The accessory dwelling unit shall be converted to another permitted use or shall be removed if at least one of the units
ceases to be owner occupied.
4: No customers are allowed on site.
5: In R20 zone, Home (cottage) Industry and Home Occupation are allowed in single-family detached homes only.
6: Permitted with approval of a Planned Residential Development.
7: Permitted as part of Mixed -Use development with approval of a Conditional Use Permit (Maximum R-20 density)
Ordinance Nq, OMJT
t 10
�xi
16.30.090—Table 7
Resource land uses
(p=permitted, c=conditional, a=administrative permit
required)
v
v
w
M
v
u
pE
m
m
�
N
�
m
C
C
J
C
J
�
_
N
C
N
J
N
Gl
O
V1
O
N
O
N
v�iu
—
E
I
LL
♦+
N
I
f0
muN
I
I
ma'�
N
p
C.
n
�
+•
C
N
>
Y
C
C
C
C
C
Ul
E
v�i
0
J
E
y
v Y
-,moo
-,moo
-,moo
a
a u
(D
K d
K
K
K
K
V O
M
W O
lJ
Agriculture
01 Growing and harvesting crops
p6
c
c
c
181
Greenhouses and nurseries
c
c5
c5
c5
Raising livestock and small
02
animals
p7
c
c
c
Forestry
Growing & harvesting forest
08
products
p
*I
Forest research
p
p2
p2
p2
Fish and wildiife management
921
Hatchery/fish preserve
pl
273
Aquaculture
pl
*
Wildlife shelters
p
c3
Mineral
10-13
Mineral extraction
14
Mining and quarrying
c
32
Processing of minerals
c4
c4
c
Asphalt paving mixtures and
2951
blocks
c
p
Resource acceory uses
* Resoussrce accessory uses
c
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: May be further subject to the provisions of the Shoreline Management Program.
2: Only forest research conducted within an enclosed building.
3: Only within an approved enclosed or contained facility subject to appropriate county and state requirements.
4: Only artisan type activities, such as pottery or glass blowing, which are a secondary or accessory use to a retail activity.
5: As a secondary or accessory use to a residential activity without retail sales, where larger than 200 square feet.
6: May be further subject to the provisions of EPA and DOE in regard to the use of fertilizers, pesticides, and other chemicals.
7: May be further subject to the provisions of EPA and DOE in regard to the buffering of streams, wetlands, and other freshwater
corridors.
Ordinance NoM�2 to
t
16.30.100 — Table 8
Retail land uses
(p=permitted, c=conditional, a=administrative permit required)
N
N
m
`u
w
`u
p
N
a+
a
C
ry
y
-
C
-
C
C
J
C
J
O
m
C
v7
J
W
O
J
Lr!
J
O
rj
C1
N
d
O
N
C
.um
E
O
GO
rl
N
W
p
N
U
v
a
a
a
a
j,
3
y
y
.�
w
a u
£
v
l7
v
W O.
2
K
K
w
C
o
u
m
w o
U
Retail land uses
5271 Mobile home sales
c
p
*
Building, hardware and garden materials
p
pl
p
*
Forest products sales
c
p
*
Department and variety stores
p
p
54
Food stores
p
p
p2
*
Agricultural crop sales
c3
c3
*
Motor vehicle dealers
p
c
p
553
Auto supply store
p4
p4
p
554
Gasoline service station
p
c
p
555
Boat dealers
p
c
p
56
Apparel and accessory stores
p
p
*
Furniture and home furnishing stores
p
p
58
Eating and drinking places
p6
p6
a2,6
*
Adult entertainment facilities
p5,6
*
Drug stores
p
p
c2
592
Liquor stores
p
p
593
Used goods: antiques/secondhand shops
p
p
594
Miscellaneous shopping goods
p
p
*
Book, stationery, video and art supply
p6
p6
*
Monuments, tombstones and gravestones
p
p
*
Bulk retail
p
c
*
Auction houses
c
c
c
598
Fuel dealers
p7
p7
p
*
Pet shop
p
p
p2,
6512
Banks and financial services
p
8
p
c
Petroleum
2911 TPetroleum refining
c
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located
within the Port Orchard incorporated area in addition to those described in the notes following.
1: Only hardware and garden materials shall be permitted.
2: Limited to 25%of gross floor area up to 4,000 square feet.
3: a: Limited to products grown on -site; and
b: Covered sales area shall not exceed 1,000 square feet.
4: Only the sale of new or reconditioned automobile supplies is permitted.
5: Excluding SIC industry number 5813-Drinking places.
6: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers,
public parks, community centers, public libraries, or churches that conduct religious or educational classes for minors.
7: Limited to office use.
8. Drive through not permitted
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 December 14, 2010.
ORDINANCE NO. 028-10
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING THE PORT ORCHARD
MUNICIPAL CODE TITLE 16 CHAPTERS 16.o8,
16.2o, AND 16.30
Copies of Ordinance No. 028-10 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. 028-10 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
December 24, 2010