010-09 - Ordinance - Repealing and Amending Sections Related to Land Use Regulatory CodeIntroduced by: Development Director
Requested by: Development Director
Drafted by: City Attorney
Introduced: December 22, 2009
Adopted: December 22, 2009
ORDINANCE NO. olo-o9
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING PORT ORCHARD MUNICIPAL CODE CHAPTERS 5.99,
16.04, 18.30, 18.94, AND 18.96; AND AMENDING THE PORT ORCHARD
MUNICIPAL CODE TITLE 16 CHAPTERS BY ADOPTING NEW
CHAPTERS 16.07 "PERMIT PROCESSING" AND 16.38 "HOME
BUSINESSES"; AND AMENDING CHAPTERS 16.o1, 16.05, 16.o6, 16.o8,
16.12, 16.13, 16.20, 16.30, 16.35, 16.40, 16.50, AND 16.72
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, the Ma.vor, City Council, and staff have held a series of special meetings
over a period of months, which meetings were properl,, noticed and open to the public, to
prepare an integrated set of documents known as the 2009 Land Use Regulatory Code
Update; and
WHEREAS, pursuant to RCW 36.7oA.ro6, a draft of the 20o9 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, on September 25, 2009 the City's SEPA official issued a Determination
of Non -Significance; and
WHEREAS, the Planning Commission have held a series of meetings over a period of
months, including January 26th, February 23rd, March 23rd, and April 20, 2009, which
meetings were properly noticed and open to the public, to prepare an integrated set of
documents known as the 20o9 Land Use Regulatory Code Update; and
WHEREAS, at a meeting held April 20, 2009 the Planning Commission reviewed the
proposed Land Use Regulatory Code and provided the Council with its recommendation; and
WHEREAS, after proper notice, the City Council held a public hearing, on November
24, 2ooq and received written and oral comment from meri bens of the public regarding the
provisions of the proposed Land Use Regulatory Code; anti.
Ordinance No.olo-o9
Page 2 of 138
WHEREAS, after considering input from the Planning Commission and the public,
the City Council finds that the 2oo9 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 2oog 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.Repealer. The following Port Orchard Municipal Code chapters are
hereby repealed in their entirety:
A. Port Orchard Municipal Code Chapter 5.99 "Home Businesses."
B. Port Orchard Municipal Code Chapter 16.04 "Subdivisions."
C. Port Orchard Municipal Code Chapter 18.30 "Reimbursement of Costs for
Review and Processing of Land Use Applications."
D. Port Orchard Municipal Code Chapter 18.94 "Design Review Process."
E. Port Orchard Municipal Code Chapter 18.96 "Downtown Overlay District."
SECTION 2. The Port Orchard Municipal Code Title 16 "Land Use Regulatory
Code" is hereby amended by adding a new Chapter 16.07 "PERMIT PROCESSING" as
shown in Exhibit A attached hereto and incorporated by this reference.
SECTION 3. The Port Orchard Municipal Code Title 16 "Land Use Regulatory
Code" is hereby amended by adding a new Chapter 16.38 "HOME BUSINESSES" as shown
in Exhibit A attached hereto and incorporated by this reference.
SECTION a. The Port Orchard Municipal Code Title 16 "Land Use Regulatory
Code" Chapters 16.o1, 16.05, 16.o6, 16.o8, 16.12, 16.13, 16.20, 16.30, 16.35, 16.40, 16.5o,
and 16.72 are hereby amended as shown in Exhibit A attached hereto and incorporated by
this reference.
SECTION 5. All amendments to Title 16 relating to the adoption of the new
Business Professional zone shall not take effect until the City adopts a land use table which
details the uses permitted within the Business Professional zone. The adoption of this land
use table is anticipated for early 2010. Until such time as the land use table is adopted and
effective for the Business Professional zone the pre -amendment zoning shall control.
SECTION 6. Savings Clause. The Port Orchard Municipal Code Chapters
Ordinances listed in Section 1, above, which are repealed by this Ordinance, shall remain in
force and effect until the effective date of this Ordinance.
Ordinance No.oio-o9
Page 3 of 138
SECTION 7. 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 bylaw. A summary 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
and attested by the Clerk in authentication of such passage this 22nd day of De(
2009. -;p
0
Patricia Kirkpatrick,"CMC, City Clerk
APPROVED AS TO FORM:
i
Sponsored by:
2.��
Robert Putaansuu, Councilman
Exhibit A
Ordinance No. 010-09
Page 4 of 138
TITLE 16
LAND USE REGULATORY CODE
Chapters:
16.01 General Provisions.
16.05 Comprehensive Plan and Amendments.
16.06 Administration of Land Use Regulations.
16.07 Permit Processing
16.08 Definitions.
16.12 Zoning Map.
16.13 Zoning Districts.
16.20 Property Specific Designations — Overlay Districts.
16.25 Rezoning.
16.30 General Land Use Requirements —Tables.
16.35 Conditional Uses, Non -conforming Uses, Temporary Uses and Variance.
16.38 Home Businesses
16.40 Common Development Standards.
16.45 Parking Standards.
16.50 Landscape Standards.
16.55 Design Guidelines.
16.60 Concurrency.
16.65 Sign Regulations.
16.70 Impact Fees- General Provisions.
16.72 Subdivisions.
16.80 Low Impact Development - Alternative Development Regulations.
Exhibit A
Ordinance No. 010-09
Page 5 of 138
Chapter 16.01
General Provisions
Sections:
16.01.010 Title of ordinance.
16.01.020 Purpose.
16.01.021 Authority of City Officials, Planning Commission, Hearing Examiner, and City
Council.
16.01.025 Violations defined.
16.01.027 Permit suspension, revocation or modification.
16.01.030 Conformance of buildings and uses.
16.01.040 Interpretation.
16.01.050 Use of Standard Industrial Classification (SIC).
16.01.070 Fees for applications and permits.
16.01.010 Title of ordinance.
The Port Orchard Municipal Code Title 16 shall be known and may be cited as the "Land Use
Regulatory Code." (Ord. 046-07§2, 2007)
16.01.020 Purpose.
(1) This title establishes comprehensive land use zoning regulations for the City in
accordance with the provisions of Chapter 35,63 RCW. It is the declared purpose of the City
Council in adopting the Land Use Regulatory Code to serve the public health, safety and
general welfare, to provide the economic and social advantages resulting from an orderly
planned use of land resources, and to conserve and restore natural beauty and other natural
resources.
(2) The Land Use Regulatory Code shall be the basis for designating land use zones,
applying development requirements, and guiding development in areas presently outside the
City but which may be annexed subsequent to the adoption of the ordinance. It is to be used as
a guide by other governmental agencies when taking action within the City's urban growth
area (UGA). (Ord. 046-07§2, 2007)
16.01.021 Authority of City Officials, Planning Commission, Hearing Examiner, and City
Council.
(1) The City Council shall have authority to:
(a) hold public hearings and make decisions on annexations, conditional use
permits in the downtown overlay district, comprehensive plan amendments, rezones,
and any appeals of decisions made by the Hearing Examiner as specified in this code;
and
(b) except for other agencies with authority to implement specific provisions
of the Land Use Regulatory Code, to issue official interpretations of this title.
(2) The Planning Commission shall have the authority to make recommendations to
the City Council whether to grant, condition or deny applications for comprehensive plan
amendments..
(3) The Hearing Examiner shall have the authority to conduct open record appeal
hearings for administrative permits and to grant, condition or deny applications for project
permits except those specifically reserved for City Council decision or designated as an
administrative review permit. This authority shall include but not be limited to decision making
authority for decisions rendered in accordance with Chapter 43.21 C RCW and permits for
conditional use, preliminary subdivision, planned residential development districts, variances,
shoreline substantial development, shoreline conditional use, shoreline nonconforming use,
Exhibit A
Ordinance No. 010-09
Page 6 of 138
shoreline variance and comprehensive sign design plan permits.. If an open record public
hearing is required, it shall be held before the Hearing Examiner, unless a code provision
specifically states otherwise. On preliminary subdivisions, conditional uses other than in the
Downtown Overlay District, and administrative appeals, the Hearing Examiner's decision is final,
subject to a closed record appeal to the Council. On rezone applications that are not part of
the Comprehensive Plan Amendment process set forth in POMC Chapter 16.04, the Hearing
Examiner shall conduct the open record hearing and make findings, conclusions and
recommendations to the City Council, who will then conduct a closed record hearing and
make the final decision.
(4) The City Engineer shall have the authority to:
(a) Make decisions on boundary line adjustments and preliminary site
plan/design reviews;
(b) grant, condition or deny grading and clearing permits.
(5) The Development Director, as the duly authorized representative of the Mayor, is
charged with the responsibility of carrying out and official interpretation of the provisions of the
shorelines regulations, comprehensive plans, and zoning code. The Development Director shall
issue administrative, temporary use, and to grant condition, or deny building permits. The
Development Director shall serve in an advisory capacity to the Council and Planning
Commission in comprehensive planning and zoning matters.
(6) The Office of the Building Official is established to administer and enforce building
and construction codes. (Ord. 046-07§2, 2007)
16.01.025 Code Compliance defined.
No building permit or land use approval in conflict with the provisions of the Land Use Regulatory
Code shall be issued. Structures or uses which do not conform to the Land Use Regulatory Code,
except legal nonconformance as specified herein and approved variances, are violations
subject to the enforcement, penalty, and abatement provisions of this code, including but not
limited to:
(1) Establishing a use not permitted in the zone in which it is located;
(2) Constructing, expanding or placing a structure in violation of setback, height,
and other dimensional standards;
(3) Establishing a permitted use without complying with applicable development
standards set forth in other codes, regulations, ordinances, rules or other laws, including but not
limited to road construction, surface water management, fire codes, and rules of the
Department of Public Health;
(4) Failing to carry out or observe conditions of land use or permit approval including
contract development standards of property -specific agreements;
(5) Failing to secure required land use or permit approval prior to establishing a
permitted use; and
(6) Failing to maintain site improvements, such as landscaping, parking or drainage
control facilities as required in this code or other ordinances. (Ord. 046-07§2, 2007)
16.01.026 Penalties.
When the code enforcement officer determines that a violation of POMC 16,01.025 has
occurred or is occurring the enforcement officer may institute any of the following options.
(1) Subject to the provisions of Chapter 2.64 POMC, any business, property owner,
and/or other person who violates the standards set forth in this code or the more
stringent standards imposed by the City Engineer, Hearing Examiner, Planning
Exhibit A
Ordinance No. 010-09
Page 7 of 138
Commission, and/or City Council as allowed herein, shall be guilty of a civil
infraction.
(2) In addition to any remedy provided for in this Chapter and Chapter 2.64 POMC„
the code enforcement officer may issue a stop work order and/or notice to
vacate. Any person removing such sign without the permission of the proper
authority shall be guilty of a misdemeanor.
(3) In addition to any remedy provided for in this Chapter and Chapter 2,64 POMC,
the City shall also have the right to abate any violation of this code by seeking
injunctive relief in the Kitsap County Superior Court. The Business, property owner,
and/or other person responsible for the violations shall be required to pay all the
city's legal costs including reasonable attorney's fees.
16.01.027 Permit suspension, revocation or modification.
Any permit, variance, or other land use approval issued by the City pursuant to this code may
be suspended, revoked or modified on one or more of the following grounds:
(1) The approval was obtained by fraud;
(2) The approval was based on inadequate or inaccurate information;
(3) The approval, when given, conflicted with existing laws or regulations applicable
thereto;
(4) An error of procedure occurred which prevented consideration of the interests of
persons directly affected by the approval;
(5) The approval or permit granted is being exercised contrary to the terms or
conditions of such approval or in violation of any statute, law or regulation;
(6) The use for which the approval was granted is being exercised in a manner
detrimental to the public health or safety. (Ord. 046-07§2, 2007)
16.01.030 Conformance of buildings and uses.
After the effective date of this title, no structure shall be erected, reconstructed, altered,
enlarged or relocated, and no building, structure or premises shall be used in any zone except in
compliance with the provisions of this title and then only after securing all required permits. (Ord.
046-07§2, 2007)
16.01.040 Interpretation.
(1) Regulations, conditions or procedural requirements that are specific to an
individual land use shall supersede regulations, conditions, or procedural requirement of general
application.
(2) A permitted land use includes the necessary structures to support the use unless
specifically prohibited and/or unless the context clearly indicates otherwise.
(3) In case of any ambiguity, difference of meaning or implication between the text
and heading, caption, or illustration, the text and the permitted use tables shall control. All
applicable requirements shall govern a use whether or not they are cross-referenced in a text
section or land use table.
(4) The word "shall' is mandatory, the word "should" is advisable, and the word "may"
is discretionary; as further defined in Chapter 16.08 POMC.
(5) If two or more code sections dealing with the same subject matter pertain to a
specific parcel of property, then the most stringent or specific provisions shall control, except in
cases in which subsection (6) applies.
(6) If the provisions of POMC chapter 16.20 apply to a specific parcel then the
applicable provisions of POMC chapter 16.20 shall control in case of conflict with any other
code provisions. If two or more overlay districts apply to a specific property then the most
Exhibit A
Ordinance No. 010-09
Page 8 of 138
recently adopted or restrictive provision shall control, unless the overlay district provisions
specifically gives a different order of priority. (Ord. 046-07§2, 2007)
16.01.050 Use of Standard Industrial Classification (SIC).
(1) All references to the Standard Industrial Classification (SIC) are to the
classification system found in the Standard Industrial Classification Manual, 1987 edition,
prepared by the United States Office of Management and Budget. The SIC is used with
modifications to suit the purposes of this title and to list and define land uses authorized to be
located in the various zones.
(2) The SIC categorizes each land use under a general 2-digit major group number,
or under a more specific 3 or 4-digit industry group or industry number. A use shown on a land
use table with a 2-digit number includes all uses listed in the SIC for that major group. A use
shown with a 3 or 4-digit number includes only the uses listed in the SIC for that industry group or
industry, respectively, and the uses so listed are excluded from the respective major group.
(3) An asterisk (') in the SIC number column of a land use table means that the SIC
definition for the specific land use identified has been replaced by a definition in this document.
The definition may include one or more SIC sub -classification numbers, or may define the use
without reference to the SIC.
(4) The Planning Commission shall determine whether a proposed land use not
specifically listed in a land use table or specifically included within a SIC classification is allowed
in a zone. The Planning Commission's determination shall be based on whether or not permitting
the proposed use in a particular zone is consistent with the purposes of this title and considering
the following factors:
(a) The physical characteristics of the use and its supporting structures,
including but not limited to scope, traffic, and other impacts, and hours of operation.
(b) Whether or not the use complements or is compatible with other uses
permitted in the zone.
(c) The SIC classification, if any, assigned to the business or other entity that
will carry on the primary activities of the proposed use. (Ord. 046-07§2, 2007)
16.01.070 Fees for applications and permits.
No permit shall be issued, application accepted, or appeal filed, without payment of the
applicable fee as established in the City's fee resolution. (Ord. 046-07§2, 2007)
Exhibit A
Ordinance No. 010-09
Page 9 of 138
Chapter 16.05
Comprehensive Plan Amendments
Sections:
16.05.010
Purpose.
16,05.020
Comprehensive plan - annual amendment - exceptions.
16.05.030
Types of comprehensive plan amendments.
16.05.040
Application and criteria.
16.05.050
Amendments - initiation.
16.05.060
Comprehensive Plan amendment agenda process.
16.05.070
Plan amendment process.
16.05.080
Public notification.
16.05.010 Purpose.
This chapter provides for a unified process for amending the City of Port Orchard's
comprehensive plan ("comprehensive plan") on an annual basis as required by law. (Ord. 046-
07§2, 2007)
16.05.020 Comprehensive plan - annual amendment - exceptions.
(1) The comprehensive plan of the City of Port Orchard is the current or any future
plan adopted pursuant to Chapter 36.70A RCW (the "Growth Management Act"). The
comprehensive plan includes all subsequent annual amendments.
(2) Proposed amendments to the comprehensive plan shall be processed pursuant
to this chapter.
(3) RCW 36.70A.130 allows annual amendment of the comprehensive plan; except
that amendments to the comprehensive plan may be considered more frequently to address
the following:
(a) Resolution of an emergency condition or a situation that involves public
health, safety or welfare; and when adherence to the annual amendment process
would be further detrimental to public health, safety or welfare;
(b) Initial adoption of an identified sub area plan designed to comply with
the Growth Management Act and to be consistent with the City's comprehensive plan;
(c) An appeal of the plan filed with the Growth Management Hearings Board
or with the court;
(d) The adoption or amendment of a shoreline master program under
Chapter 90.58 RCW;
(e) An amendment of the capital facilities element of the comprehensive
plan that occurs concurrently with the adoption or amendment of the City's budget;
(f) Adoption of comprehensive plan designation(s) associated with an
annexation and occurs in conjunction with the adoption of the City budget; intended to
take effect upon annexation, or another date specified; or
(g) Resolution by decision of an administrative agency, or court of
competent jurisdiction.
(4) Upon request of the applicant, a determination of an exception to the annual
amendment process shall be made by the City Council after recommendation by the planning
commission. (Ord. 046-07§2, 2007)
16.05.030 Types of comprehensive plan amendments.
(1) Site -Specific Comprehensive Plan Amendments. Proponents of land
development projects and/or property owner(s) or their authorized representative(s) may file an
application for a proposed amendment to the comprehensive plan relating to a site -specific or
Exhibit A
Ordinance No, 010-09
Page 10 of 138
project specific proposal affecting the official map of comprehensive plan land use
designations. Site -specific proposals must be filed concurrently with an application for a rezone
for the subject site.
(2) City -Wide Comprehensive Plan Amendments. Proposals that broadly apply to the
goals, policies and implementation strategies of the comprehensive plan, rather than
amendments designed to address site -specific issues of limited applicability. These are typically
suggestions for changes to the comprehensive plan text. (Ord. 046-07§2, 2007)
16.05.040 Application and criteria.
(1) Applications for comprehensive plan amendments shall be submitted to the
Planning Department on a form provided by the City. Each application for a comprehensive
plan amendment shall require the following:
(a) A detailed description of the proposed amendment in non -technical
terms.
(b) An official, complete Port Orchard comprehensive plan amendment
application that includes:
(i) Name and address of applicant;
(ii) Description of proposed plan amendment and associated
development proposals (if applicable). Project -related amendments shall include
plans, information and/or studies that accurately depict existing and proposed
use(s) and improvements. Proposed plan amendments that do not specify
proposed use(s) and potential impacts will be assumed to have maximum impact
to the environment, and public facilities and services;
(III) Map (if appropriate) showing area(s) affected by proposed plan
amendment; and
(iv) Application and public notice fee as determined by the City's fee
schedule.
(c) If requesting an amendment to the future land use map, a site plan that is
accurate, legible and drawn to scale that provides the following:
(i) The existing dimensions and lot size, proposed dimensions and lot
size;
(ii) Identify adjacent streets, existing and proposed access;
(ill) Identify existing and proposed structures and distances to property
lines;
(iv) Location of proposed alterations or improvements;
(v) Location of any critical areas and their buffers on or near the site;
(vi) Location of any open space or preservation areas;
(vii) Location of any significant trees;
(viii) If possible, locate drainage channels, sewer and water lines;
(ix) Identify existing and proposed easements; and
(x) Elevation plans, if applicable.
(2) Before an amendment to the comprehensive plan is approved, the following
minimum requirements must be met:
(a) All proposed comprehensive plan amendments:
(i) Shall be consistent with the overall goals and intent of the
comprehensive plan; and
(ii) Shall be consistent with the Growth Management Act and other
applicable law; and
(iii) Must be weighed in light of cumulative effects of other
amendments being considered.
(b) City-wide comprehensive plan amendments:
Exhibit A
Ordinance No. 010-09
Page 1 1 of 138
0) Shall not adversely affect public health, safety, or welfare in any
significant way; and
(ii) Shall address needs or changing circumstances of the City as a
whole or resolve inconsistencies between the City of Port Orchard
comprehensive plan and other City or other jurisdictions" plans or ordinances;
and
(iii) All known environmental impacts must be disclosed and/or
measures must be included that reduce possible adverse impacts.
(c) Site -specific or project -specific comprehensive plan amendments:
(i) Shall be consistent with the land uses and growth projections
which were the basis of the comprehensive plan or to subsequent updates to
growth allocations; and
(ii) Shall be compatible with neighboring land uses and surrounding
neighborhoods; and
(iv) Shall not cause adverse impacts to public services or facilities, or, if
applicable, other properties in the vicinity, unless such impacts are reasonably
mitigated; and
(v) Any proposed rezone must meet the criteria of POMC 16.25.060,
(Ord. 046-07§2, 2007)
16.05.050 Amendments - initiation.
(1) The City Council, the mayor, or the planning commission may direct the
Development Director to prepare an application for a comprehensive plan amendment. The
Development Director is authorized to initiate the process for annual amendments to the
comprehensive plan. The Development Director may initiate the process for annual
amendments to the comprehensive plan on behalf of a private party that has filed a completed
application consistent with the criteria established in POMC 16.05.040.
(2) The Development Director may prepare implementing development regulations
to accompany any proposed comprehensive plan amendments.
(3) The Development Director shall docket and process each application as
provided herein. (Ord. 046-07§2, 2007)
16.05.060 Comprehensive Plan Amendment agenda process.
The Development Director shall prepare and administer a preliminary Comprehensive Plan
Amendment agenda listing each application and containing written comments on proposed
comprehensive plan amendments. Any interested party, including applicants, citizens and
government agencies, may submit items to the Comprehensive Plan amendment process
agenda.
(1) All comprehensive plan amendment applications must be completed and
submitted to the planning department by 5:00 p.m. on June 15th, of any year in order to be
considered during that year' s amendment process. Completed applications that are received
after the submission date will be placed on the Comprehensive Plan amendment agenda for
the following calendar year. Applications that are incomplete will be returned to the applicant.
(2) By July 15th of each year, the Development Director shall compile and maintain
for public review a recommended final Comprehensive Plan amendment agenda for or site -
specific amendments and for City-wide amendments, including any proposed development
regulations necessary to implement such amendments. The Planning Director shall base these
docket recommendations on a preliminary evaluation of the need, urgency, and
appropriateness of the suggested comprehensive plan amendment as well as the planning
department staff and budget availability to accommodate the public review process.
Exhibit A
Ordinance No. 010-09
Page 12 of 138
(3) The Development Director shall provide notice of the recommended final
Comprehensive Plan amendment agenda as provided in POMC 16.05.080.
(4) The Development Director shall provide the recommended final Comprehensive
Plan amendment process agenda of project -specific amendments and City-wide
comprehensive plan amendments, along with a brief description of each suggested plan
amendment to the City Council for review and consideration. The City Council, after considering
the Development Director' s recommended final Comprehensive Plan amendment agenda ,
shall adopt the final Comprehensive Plan amendment agenda for the current year plan
amendment cycle no later than June 1 st of each year. (Ord. 046-07§2, 2007)
16.05.070 Plan amendment process.
Upon adoption of the final Comprehensive Plan amendment agenda , the annual
comprehensive plan amendment process shall be consistent with the general process and
schedule for applications as described in POMC 16.05.060. The Planning Commission shall make
its recommendation, by resolution, to the City Council prior to September 15th of the current
year. The City Council shall make a final decision on each proposed amendment by December
15th of the current year. (Ord. 046-07§2, 2007)
16.05.080 Public notification.
(1) Upon receipt of each application for a comprehensive plan amendment, the
Development Director will provide public notice as provided in POMC 16.06.060 to encourage
maximum citizen participation. Additionally, general public notice shall be given at least 60 days
prior to the comprehensive plan amendment application deadline to inform the public of the
annual plan amendment process, the deadline for plan amendment suggestions and
applications and how to obtain additional information.
(2) When the council considers a change to an amendment to the comprehensive
plan or development regulation, and the change is proposed after the opportunity for review
and comments has concluded, an additional opportunity for review and comment on the
proposed change shall be provided before the council votes on the proposed change.
(3) An additional opportunity for public review and comment is not required if:
(a) An environmental impact statement has been prepared under Chapter
43.21 C RCW for the pending ordinance, and the proposed change is within the range of
alternatives considered in the environmental impact statement;
(b) The proposed change is within the scope of the alternatives available for
public comment;
(c) The proposed change only corrects typographical errors, corrects cross-
references, makes address or name changes, or clarifies language of a proposed
ordinance or resolution without changing its effect;
(d) The proposed change is to an ordinance making a capital budget
decision as provided in RCW 36.70A.120; or
(e) The proposed change is to an ordinance enacting a moratorium or
interim control adopted under RCW 36.70A.390. (Ord. 046-07§2, 2007)
Exhibit A
Ordinance No. 010-09
Page 13 of 138
Chapter 16.06
Administration of Land Use Regulations
Sections:
16.06.010 Purpose.
16.06.020 Decision making authority
16.06.030 Applicability.
16.06.035 Review process and process exemptions
16.06.040 Pre -application requirements.
16.06.050 Complete applications.
16.06.060 Notice of application.
16.06.065 Notice of decision.
16.06.070 Time periods - notice of decision.
16.06.071 Time periods - notice of hearings, appeals and informational meetings.
16.06.072 Time periods -filing appeals.
16.06.090 Consistency with development regulations and SEPA/consolidated permit review.
16.06.100 Permit conditions.
16.06.110 Optional consolidated permit processing.
16.06.010 Purpose.
The purpose of this chapter is to describe permitting processes procedures that are concise and
will comply with the requirements of the Regulatory Reform Act. (Ord. 046-07§2, 2007)
16.06.020 Decision making authority.
The authority of the City Staff, Hearing Examiner, Planning Commission and City Council relating
to the Land Use Regulatory Code is set forth in section 16.01.021. (Ord. 046-07§2, 2007)
16.06.030 Applicability.
This chapter serves to implement the Port Orchard Land Use Regulatory Code, shoreline master
plan regulations, critical area ordinance regulations, engineering standards and the site
development regulations. The regulations identified in this chapter apply to all land use
applications except those excluded in POMC 16.06.035(4). The provisions in this chapter shall
control, unless a specific code section dealing with a specific type of permit, sets forth other
time limits, and/or procedures for the applicable permit. (Ord. 046-07§2, 2007)
16.06.035 Review process and process exemptions
(1) Administrative Review. Administrative review is used when processing
applications for administrative permits including, but not limited to, administrative zoning
variances, administrative conditional use permits, minor amendments, home occupation
permits, home profession permits, sign permits, building and construction permits, site
development permits, right-of-way permits, lot consolidation, boundary line adjustments, code
interpretations, short plats, short plat alterations, short plat amendments, administrative critical
areas variance and temporary uses. Administrative review shall be subject to the application
requirements time periods, consolidated permit processing and the notice of decision provisions
of this chapter. If an administrative decision is appealed, the open record hearings, notice of
public hearings, joint public hearings, and the closed record appeal provisions of this title shall
apply. In case of short plat reviews the provisions of the subdivision code and Chapter 58.17
RCW shall also apply.
Exhibit A
Ordinance No. 010-09
Page 14 of 138
(2) Hearing Examiner Review. Unless otherwise stated, Hearing Examiner review shall be
subject to application requirements, complete application, time periods, consistency with
development regulations and SEPA, permit conditions, consolidated permit processing, open
record hearings, notice of public hearings, joint public hearings, notice of decision, and the
closed record appeal provisions of this chapter.
(3) City Council Review. Where the City Council is exercising it authority as a quasi-
judicial decision making body (e.g., Conditional use permits in the Downtown Overlay District,
appeals of a hearing examiner decision), its review shall be subject to the applicable provisions
of this chapter relating to the particular decision making authority being exercised, including the
application requirements, complete application, time periods, consistency with development
regulations and SEPA, permit conditions, consolidated permit processing, open record hearings,
notice of public hearings, joint public hearings, notice of decision, and the closed record appeal
provisions of this chapter.
(4) Exemptions. The following are exempt from the provisions of this chapter unless
otherwise specified:
(a) Legislative decisions, including zoning code text and area wide zoning
district amendments, adoption of development regulations and amendments, area wide
rezones to implement new City policies, adoption of comprehensive plan and plan
amendments, and annexations;
(b) Final plat approval pursuant to RCW 58.17.170;
(c) Landmark designations;
(d) Street vacations;
(e) Street use permits; and
(f) Boundary line adjustments, lot aggregations, right-of-way permits, building
permits, site development permits, sign permits, and other construction permits or similar
administrative approvals which are categorically exempt from environmental review
under the State Environmental Policy Act (SEPA) or for which environmental review has
been completed in connection with other project permits, are exempt from the following
procedures:
(i) Determination of completeness;
(ii) Notice of application;
(iii) Optional consolidated project permit processing;
(iv) Joint public hearings;
N Staff reports;
(ii) Notice of decision; and
(vii) Time limitations. (Ord. 046-07§2, 2007)
16.06.040 Pre -application requirements.
(1) Pre -application Meeting. The pre -application meeting is between department
staff and a potential applicant for permit to discuss the application submittal requirements and
pertinent fees. A pre -application meeting is required prior to submittal of an application
requiring a hearing before the hearing examiner or the City Council.
(2) Technical Review Conference. The technical review conference is a process
designed to define those items of department review which, if not specifically addressed might
result in delays or technical difficulties during the permit processing. A technical review
conference may be requested by the City when the complexity of a proposal requires
additional information or input from the applicant or City staff. Representatives from various
departments and an applicant for a project permit will discuss specific detailed requests for the
proposed project and the Citys's regulatory process. A technical review conference may be
scheduled at the request of the applicant.
Exhibit A
Ordinance No. 010-09
Page 15 of 138
(3) Community Meeting. Following the pre -application meeting and before
submitting an application, where required by the Land Use Regulatory Code or upon the
applicant request, the applicant shall conduct a community meeting on a weekday evening to
solicit input and suggestions from the community. A member of the planning staff shall attend to
provide regulatory and municipal code information. Notice of the community meeting shall be
made by the applicant by sending a written notice, addressed through the United States mail,
to all property owners of record within a radius of 300 feet, but not less than two parcels deep,
around the exterior boundaries of the subject property. Notice of the community meetings shall
be given at least 14 days prior to the meeting. Additional notice shall be given in accordance
with POMC 16.06.060(C).
16.06.050 Complete applications.
(1) Form and Content. The Mayor and City Council are authorized to establish
administrative regulations setting forth the information that must be provided, and the form in
which it must be provided, in order for an application to be deemed complete.
(2) Checklist for Complete Application. Applications shall be considered complete
when the department determines that the application materials contain the following:
(a) The correct number of completed department master and supplemental
application forms signed by the applicant;
(b) The correct number of documents, plans, or maps identified on the
department application form;
(c) A completed State Environmental Policy Act (SEPA) checklist, if required;
and
(d) Payment of all applicable fees.
(3) Time Limitations.
(a) Within 28 days after receiving a project permit application, the
department shall provide a written determination to the applicant, stating either:
(i) The application is complete; or
(ii) The application is incomplete and what information is necessary to
make the application complete.
(b) Within 14 days after an applicant has submitted the requested additional
information, the department shall notify the applicant whether the information submitted
adequately responds to the notice of incomplete application, thereby making the
application complete, or what additional information is still necessary.
(c) An application shall be deemed complete if the department does not,
within 28 days, provide a written determination to the applicant that the application is
incomplete.
(d) When the project permit application is complete, the department shall
accept it and note the date of acceptance.
(e) An application is complete for purposes of this section when it meets the
procedural submission requirements of the department and is sufficient for continued
processing even though additional information may be required or project modifications
may be undertaken subsequently. The determination of completeness shall not preclude
the department from requesting additional information or studies either at the time of the
notice of completeness or subsequently if new information is required or substantial
changes in the proposed action occur.
(4) Waiver of Requirements. The director may waive specific submittal requirements
that are determined to be unnecessary for review of an application.
(5) Incomplete Applications. Failure of an applicant to submit information identified
as required in the notice of incomplete application within 120 days of the department's mailing
date shall constitute grounds for deeming the application null and void. If all additional
Exhibit A
Ordinance No. 010-09
Page 16 of 138
information identified in the notice of incomplete application has not been received by the
department within 120 days from the application submittal date, then the application shall be
deemed null and void unless the applicant has been granted a time period extension. Time
period extensions may be granted by the director when applicants can demonstrate that
unusual circumstances, beyond their control, have prevented them from being able to provide
the additional information within the 120-day time period.
(6) Initiation of Review Process. The department shall not start the review process of
any application until the application is deemed complete.
(7) Modifications. Modifications to an application which has been deemed
complete by the department will be treated as follows:
(a) Modifications proposed by the department to a pending application shall
not be considered a new application; and
(b) Modifications proposed by the applicant to a pending application which
would result in a substantial increase in a project's impacts, as determined by the
department, may be deemed a new application. The new application shall conform to
the requirements of this section which are in effect at the time the new application is
submitted.
(8) Filing Fees. The schedule of fees for development permits is established in a
separate City resolution.
(9) Additional Application Requirements. In the interest of public health, safety or
welfare, or to meet the requirements of the State Environmental Policy Act or other state
requirements, the department may request additional application information such as, but not
limited to, geotechnical studies, hydrological studies, noise studies, air quality studies, visual
analysis studies to address critical areas requirements, and transportation impact analysis. (Ord.
046-07§2,2007)
16.06.060 Notice of application.
(1) Notice of Application. Once an application has been deemed complete, the
department shall provide public notice for the project. The department shall send a written
notice, addressed through the United States mail to all property owners of record within a radius
of 300 feet, but not less than two parcels deep, around the exterior boundaries of the subject
property. Such notice shall be mailed not more than 14 working days from the determination of
a complete application. Parties receiving notice shall be given at least 14 days, from the mailing
date, to provide any comments to the department.
(2) Content of Notice of Application. At a minimum, public notice documents shall
contain the following information:
(a) The name and address of the applicant and/or agent;
(b) The subject property location;
(c) A description of the proposed project and a list of the project permits
included in the application, and, if applicable, a list of studies requested under RCW
36.7013.070 or 36.70B.090;
(d) A list of existing environmental documents that evaluate the proposed
project and a location where such documents can be reviewed;
(e) A preliminary determination, if available, of the applicable development
regulations that will be used for project mitigation and of consistency with land use plans,
policies and regulations;
(f) The date of application, the date of the notice of completion of the
application and the date of the notice of the application;
(g) The written determination shall, to the extent known by the City, identify
the local, state, and/or federal government agencies that may have jurisdiction over
some aspects of the application;
Exhibit A
Ordinance No. 010-09
Page 17 of 138
(h) A list of other permits not included in the application, to the extent known by the
City;
N The time periods for submitting comments. Comments shall be due not
less than 14 days nor more than 30 days following the date of notice of application,
include a statement of the rights of any person to comment on the applications, receive
notice of, participate in any hearings and request a copy of the decision once made. All
public comment on the notice of application must be received by the department by
4:00 p.m. on the last day of the comment period. If the project requires a public hearing,
comments may be submitted up until, or at the public hearing.
(j) The date, time and place of the public hearing if applicable, as
scheduled at the date of notice. Notice of an open record hearing shall be given at
least 10 days prior to the hearing;
(k) A right to appeal statement, if applicable; and
(1) A department contact and telephone number.
(3) Public Notice Provisions. Once an application has been deemed complete, the
applicant shall provide posted public notice on the subject property in accordance with
specifications provided by the department.
(4) Shoreline Use Regulations Notice. The following exceptions apply to notice of
shoreline use regulations permits:
(a) Comments may be submitted within 20 days of the last date of the
published notice. Each person responding to such notice shall receive a decision;
(b) Notice of a hearing on shoreline use regulation permits shall include a
statement that any person may submit oral or written comments on an application at the
hearing; and
(c) The public may obtain a copy of the decision within two days following
issuance (RCW 90.58.140), and the notice must state the manner in which the public may
obtain a copy of the decision.
(5) Determination of Significance. If a determination of significance has been made
prior to the notice of application, the notice of application shall be combined with the
determination of significance and scoping notice. The determination of significance and
scoping notice may be issued prior to the notice of application.
(6) Determinations and Decisions. Except for a determination of significance, the City
shall not issue a threshold determination, nor issue a decision or recommendation on a project
permit until the expiration of the public comment period on the notice of application. (Ord. 046-
07§2, 2007)
16.06.065 Notice of decision.
The City shall provide a notice of decision that includes a statement of any SEPA threshold
determination and the procedures for administrative appeal. The notice of decision may be a
copy of the report or the decision on the project permit application. The notice shall be
provided to the applicant and any person who, prior to rendering the decision, requested
notice of the decision or submitted substantive comments on the application. (Ord. 046-07§2,
2007)
16.06.070 Time periods - notice of decision.
(1) The City shall issue a notice of decision on a project permit within 120 days after
the Department notifies the applicant that the application is deemed complete. The following
time periods shall be excluded from the 120-day time period requirement:
(a) Any period during which the applicant has been requested by the
department to correct plans, perform required studies, or provide additional required
Exhibit A
Ordinance No. 010-09
Page 18 of 138
information, and a period of up to 14 days after the submittal of such to determine if the
information satisfies the request;
(b) Any period during which an environmental impact statement (EIS) is being
prepared in accordance with state law following a determination of significance
pursuant to Chapter 43.21 C RCW;
(c) Any period for administrative appeals; and
(d) Any extension of time mutually agreed upon in writing between the
applicant and the department.
(2) The 120-day time period established above shall not apply in the following
situations:
(a) If the permit requires an amendment to the comprehensive plan or a
development regulation; or
(b) If the permit requires approval of the siting of an essential public facility; or
(c) If there are substantial revisions to the project proposal at the applicant' s
request, in which case the time period shall start from the date at which the revised
project application is determined to be complete; or
(d) If the application is for a subdivision, then the timelines set in Chapter
58.17 RCW shall apply.
(3) The applicant shall designate a single person or entity to receive determinations
and notices required by this title.
(4) If the City is unable to issue its final decision within the time limits provided for, the
City shall provide written notice to the applicant stating the reasons why the time limits have not
been met, including an estimate of the date for issuance of the notice of final decision. (Ord.
046-07§2, 2007)
16.06.071 Time periods - notice of hearings, appeals and informational meetings.
The City shall provide notice to all affected persons and aggrieved persons in case of an
appeal, and publish the notice as required by law, at least 10 days before any hearing required
on a land use application, an appeal from any decision on a land use application, or a public
informational meeting on an application or proposed application. (Ord. 046-07§2, 2007)
16.06.072 Time periods -filing appeals.
(1) Administrative Decisions. An aggrieved person may appeal any final decision of
an administrative official to the Hearing Examiner with the required fees. The appeal must be in
writing on forms available at the City and shall be filed with the City Clerk within 14 days of the
date of the action being appealed. If an open record hearing was not held as part of the
administrative approval, then the examiner shall conduct an open record hearing. Otherwise
the appeal to the examiner shall be a closed record appeal.
(2) Examiner Decisions. An aggrieved person may appeal a Hearing Examiner
decision to the City Council, if the examiner's decision is not a "final action". The appeal must be
in writing on forms available at the City and shall be filed with the City Clerk within 14 days of the
date of the decision being appealed. In the case of appeals from Administrative Decisions, all
decisions under the Shorelines Management Act, and any other decision of the Hearing
Examiner that is designated in the POMC as a final action, the appeal is to the Kitsap County
Superior Court if it is subject to the Land Use Petition Act (RCW Chapter 36.70C), the Shorelines
Hearings Board if it is a Shorelines Management Act decision, or the appropriate Growth
Hearings Board if it is a action that is subject to the Growth Management Act (RCW Chapter
36.70A).
(3) City Council Decisions. City Council decisions that are considered "final action"
must be appealed to either the Kitsap County Superior Court if it is a City Council action subject
to the Land Use Petition Act (RCW Chapter 36.70C) or to the appropriate Growth Hearings Board
Exhibit A
Ordinance No. 01e-09
Page 19 of 138
if it is a council action that is subject to the Growth Management Act (RCW Chapter 36.70A).
Any appellant is encouraged to review state law in order to determine the method and manner
of perfecting an appeal of a City Council action. The appeal must be filed in the time limits
specified by state law. (Ord. 046-07§2, 2007)
16.06.090 Consistency with development regulations and SEPA/consolidated permit review.
(1) During any project permit application review, the City shall determine whether
the items in this subsection are defined in the development regulations applicable to the
proposed project. In the absence of development regulations, the City shall determine whether
the items listed in this subsection are defined in the City's adopted comprehensive plan. This
determination of consistency shall include the following:
(a) The type of land use permitted at the site, including uses that may be
allowed under special circumstances, if the criteria for the approval have been satisfied;
(b) The level of development, such as density of residential development, or
maximum impervious surface areas; and
(c) Character of the development and development standards.
(2) The City shall also review the project permit application under the requirements of
the State Environmental Policy Act (SEPA), Chapter 43.21 C RCW, the SEPA rules, Chapter 197-1 1
WAC and the City environmental regulations, Chapter 14.04 POMC, and shall:
(a) Determine whether the applicable regulations require studies that
adequately analyze the entire project permit application's specific probable adverse
environmental impacts;
(b) Determine if the applicable regulations require measures that adequately
address such environmental impacts;
(c) Determine whether additional studies are required and/or whether the
project permit application should be conditioned with additional mitigation measures;
and
(3) In its review of the project permit application, the City may determine that the
requirements for environmental analysis, protection, and mitigation measures in the applicable
development regulations, comprehensive plan, and or other applicable local, state, or federal
laws provide adequate analysis of, and mitigation for, specific adverse environmental impacts
of the application.
(4) A comprehensive plan, development regulation or other applicable local, state,
or federal law provides adequate analysis of, and mitigation for, the specific adverse
environmental impact of an application when:
(a) The impacts have been avoided or otherwise mitigated; or
(b) The City has designated or accepted certain levels of service, land use
designations, development standards, or other land use planning required or allowed by
Chapter36.70A RCW.
(5) If the City bases or conditions its approval of the project permit application on
compliance with the requirements or mitigation described in subsection 4(B) above, the City
shall not impose additional mitigation under SEPA during project review.
(6) In its decision whether the specific adverse environmental impact has been
addressed by an existing rule or laws of another agency with jurisdiction and with environmental
expertise with regard to a specific environmental impact, the City shall consult orally or in writing
with that agency and may expressly defer to that agency. In making a deferral, the City shall
base or condition its project approval on compliance with these other existing rules or laws.
(7) Nothing in this section limits the authority of the City in its review or mitigation of a
project to adopt or otherwise rely on environmental analysis and requirements under other laws
as provided by Chapter 43.21 C RCW.
Exhibit A
Ordinance No. 010-09
Page 20 of 138
(8) The City shall also review the application under the City's Critical Areas
Ordinance.
(9) During project review, the City shall not re-examine alternatives to, or hear
appeals on, the items identified in subsection (A), except for issues of code interpretation.
Project review shall be used to identify specific project design and conditions relating to the
character of the development, such as details or site plans, curb cuts, drainage swales, the
payment of impact fees, or other measures to mitigate a proposal' s probable adverse
environmental impacts. (Ord. 046-07§2, 2007)
16.06.100 Permit conditions.
(1) Time Limitations. Within a period of one year following the approval of a
conditional use permit or preliminary development plan by the examiner, the applicant shall file
with the Planning Department a final development plan. Unless extended, if no final
development plan is filed within the time limits specified, the approval shall be void.
(2) Extensions. The expiration time period for filing final development plans may be
extended for up to one year if, prior to the expiration of the permit approval, the applicant can
demonstrate to the director or examiner, as appropriate, that there have been unusual
circumstances beyond his/her control to cause delay in the project.
(3) Compliance with Conditions. Compliance with conditions established in a
preliminary approval and final approved development plans is required. Any departure from the
conditions of approval or approved plans constitutes a violation of this title and shall be subject
to enforcement actions and penalties. (Ord. 046-07§2, 2007)
16.06.110 Optional consolidated permit processing.
An application that involves two or more permit processes may be processed collectively under
the highest type review procedure required for any part of the application or processed
individually under each of the procedures identified in this title. The applicant shall determine
whether the application shall be processed collectively or individually. If the applications are
processed individually then the application with the highest type review procedure must be
processed prior to the subsequent lower numbered procedure. (Ord. 046-07§2, 2007)
Exhibit A
Ordinance No. 010-09
Page 21 of 138
Chapter 16.07
PERMIT PROCESSING
Sections:
16.07.010 Reimbursement of Costs Incurred by City for Expedited Review and Processing of
Land Use Applications - Purpose.
16.07.020 Definitions.
16.07.030 Reimbursement of Costs.
16.07.040 Administrative Remedies/Appeals.
16.07.010 Reimbursement of Costs Incurred by City for Expedited Review and Processing of
Land Use Applications - Purpose.
This Chapter is intended to supplement the fee schedule of any and all other City ordinances
and resolutions in order to clarify the obligation of an applicant seeking expedited review to
pay, in addition to appropriate fees, actual City costs incurred in processing and reviewing the
Applicant's land use permit application by professional consultants or law firms retained by the
City. It is the express purpose and intent of this Chapter that these costs should not be borne by
the taxpayers of the City but should be reimbursed to the City by the applicants of the land use
projects. (Ord. 008-07 § 1, 2007)
16.07.020 Definitions.
The following definitions set out in this chapter shall apply in the interpretation and the
enforcement of these regulations:
(1) "Director" shall refer to the Director of the Department of Public Works for
engineering review and/or Director of the Planning Department for all other aspects of
land use permit review.
(2) "Expedited Review" shall mean the review or or processing of a land use permit
or land use permit application by outside consultants in a manner which may result in a
faster determination of the approval, disapproval, or conditioning of the permit. The
scope of expedited review shall be determined by the City, and may or may not involve
review of the entire land use permit application by an outside consultant.
(3) "Land Use Permit or Land Use Permit Application" means any land use or
environmental permit or license required from the City before real property may be
improved, developed, modified, sold, transferred, or used. (Ord. 008-07 § 2, 2007)
16.07.030 Reimbursement of Costs.
Applicants for land use permits may choose to seek expedited review of their land use
applications as follows:
(1) Expedited Review - Generally.
Exhibit A
Ordinance No. 010-09
Page 22 of 138
(a) The City shall review an Applicant's request for expedited review and
determine if the request is appropriate for review under this chapter. The decision to allow or to
deny expedited review of the land use application, or any portion thereof, under this chapter,
and the decision to contract for outside engineering, legal, or other professional services, shall
be at the sole discretion of the City.
(b) The provisions of this Chapter shall not be construed to guarantee that an
application approved for expedited review will be completed in specific period of time nor is it a
guarantee that it will be processed in a specific manner.
(c) Expedited review shall not be granted unless or until an Applicant has
complied with the terms of this Chapter and signed an "Agreement for Expedited Review" in a
format approved by the City Attorney.
(d) Applicant may not contract for expedited review directly with any
engineering, legal or other professional services.
(2) Costs for engineering, legal or other professional services actually incurred by the
City which arise out of the processing of any land use permit application under this chapter and
all costs incurred by the City for inspecting construction of public improvements made by a
developer as a condition of land use approval prior to final approval, shall be reimbursed by the
Applicant in addition to appropriate fees as follows:
(a) If the Director determines that the land use application is appropriate for
expedited review, the Director may seek one or more estimates of the time it would take to
review the application and the costs that will be incurred from engineering, legal or other
professional firms as appropriate. The final determination of estimated costs for review shall be
determined by the Director.
(b) A deposit in the amount of the estimated costs for review shall be
collected at the time the application is approved for expedited review. An application shall not
be deemed complete until all fees and deposits are paid.
(c) In the event such expenses exceed the amount of the deposit or if the
City determines if it is likely that additional expenses will be incurred in excess of the amount of
the deposit, Applicant shall replenish the deposit in the some amount or in such amount as shall
appear to be necessary to secure payment of projected expenses for legal, engineering and
other professional and inspection services as determined by the City. The City may discontinue
reviewing or processing the application until such time as the additional required deposit is paid.
(d) A non-refundable administrative fee shall be paid in an amount of $100 or
2% of the deposit whichever is greater. The fee shall be due upon payment of the deposit and
shall be calculated based upon the amount of the initial deposit and upon the amount of each
replenished deposit thereafter.
(e) In all cases where a deposit for costs is required, the processing of the
application or the approval of the construction shall not commence or continue until the
deposit or any required replenishment thereof has been made. Applicants who fail to pay all
deposits and fees within 30 days of notice shall be deemed to have withdrawn their application
unless otherwise agreed by the Director in writing.
(f) All costs and expenses incurred through expedited review and processing
of land use applications under this chapter shall be paid in full by a permit Applicant to the City
prior to the issuance of any permit.
(g) Applicant shall be responsible for the payment of costs under this chapter
regardless of whether or not the Applicant is successful in obtaining land use permit approval.
(3) If applicant fails to pay for costs actually accrued the City retains the right to full
recourse under the law to collect any unpaid fees or costs including the cost of using a
collection service.
(4) In the event that the amount of the deposit for legal, engineering or other
professional or inspection services exceeds the actual costs for such services, the excess amount
Exhibit A
Ordinance No. 010-09
Page 23 of 138
shall be refunded to the Applicant upon completion of review of the land use application by the
City.
(5) Applicant may request an itemized summary of expenses incurred by the City,
provided, that Applicant shall not be entitled to review documents or billing statements, which
contain privileged matters. (Ord. 008-07 § 2, 2007)
16.07.040 Administrative Remedies/Appeals.
(1) Director Review. Applicant may request review of a determination of final costs
by filing a written request for review of the costs with the Director within fourteen calendar days
after of a final statement of costs has been mailed by the City. Failure to timely request review
by the Director shall be deemed a waiver of the right to administrative review.
(2) Appeal of Director Review. A final decision by the Director may be appealed to
the City Council only if, within fourteen calendar days after written notice of the decision is
mailed, a written appeal of the decision is filed with the City Clerk. Any final decision shall set
forth the applicant's appeal rights,
(3) Review. Review of the final costs shall be limited to a determination of whether
the costs were actually incurred under the provisions of this Chapter. (Ord. 008-07 § 2, 2007)
Exhibit A
Ordinance No. 010-09
Page 24 of 138
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)
Exhibit A
Ordinance No. 010-09
Page 25 of 138
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;
(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)
Exhibit A
Ordinance No. 010-09
Page 26 of 138
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:
(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 "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).
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
Exhibit A
Ordinance No. 010-09
Page 27 of 138
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).
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).
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 or billboard" (Ord. 046-07§2, 2007)
Exhibit A
Ordinance No. 010-09
Page 28 of 138
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).
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).
Exhibit A
Ordinance No. 010-09
Page 29 of 138
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 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).
Exhibit A
Ordinance No. 010-09
Page 30 of 138
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 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).
Exhibit A
Ordinance No. 010-09
Page 31 of 138
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 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 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.
Exhibit A
Ordinance No. 010-09
Page 32 of 138
(2) "Concurrency certificate" shall mean: The certificate issued by the City Engineer
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 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).
Exhibit A
Ordinance No. 010-09
Page 33 of 138
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 "Cul 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
Exhibit A
Ordinance No. 010-09
Page 34 of 138
thereon; and, the acceptance by the public shall be evidenced by the approval of such plot
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).
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).
Exhibit A
Ordinance No. 010-09
Page 35 of 138
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).
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).
Exhibit A
Ordinance No. 010-09
Page 36 of 138
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).
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 or wood shake or
shingle, coated metal, or similar roof of not less than 3:12 pitch; and
Exhibit A
Ordinance No. 010-09
Page 37 of 138
(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).
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 1 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).
Exhibit A
Ordinance No. 010-09
Page 38 of 138
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 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,
(1 1) 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).
Exhibit A
Ordinance No. 010-09
Page 39 of 138
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).
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).
Exhibit A
Ordinance No. 010-09
Page 40 of 138
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
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:
Exhibit A
Ordinance No. 010-09
Page 41 of 138
(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:
(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, 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;
Exhibit A
Ordinance No. 010-09
Page 42 of 138
(4) Caddyshack buildings;
(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).
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).
Exhibit A
Ordinance No. 010-09
Page 43 of 138
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. 36.70B 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.
(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
Exhibit A
Ordinance No. 010-09
Page 44 of 138
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
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).
Exhibit A
Ordinance No. 010-09
Page 45 of 138
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) 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
Exhibit A
Ordinance No. 010-09
Page 46 of 138
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).
16.08.398 "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 "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).
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
Exhibit A
Ordinance No. 010-09
Page 47 of 138
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 and in the case of a corner lot, may be either boundary line bordering on the street. (Ord.
046-07§2, 2007).
Exhibit A
Ordinance No. 010-09
Page 48 of 138
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 corner 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).
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
Exhibit A
Ordinance No. 010-09
Page 49 of 138
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).
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).
Exhibit A
Ordinance No. 010-09
Page 50 of 138
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-11 1), 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).
Exhibit A
Ordinance No. 010-09
Page 51 of 138
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).
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.
Exhibit A
Ordinance No. 010-09
Page 52 of 138
(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
some, 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).
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).
16.08.528 "Outdoor advertising structure or billboard" shall mean: An outdoor advertising
sign or poster panel which advertises products, businesses, and/or services not connected with
the site on which the sign is located, and which sign is a substantial permanent structure with
display services of a type which are customarily leased for commercial purposes (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).
Exhibit A
Ordinance No. 010-09
Page 53 of 138
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 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).
Exhibit A
Ordinance No. 010-09
Page 54 of 138
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 - 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,
Exhibit A
Ordinance No. 010-09
Page 55 of 138
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).
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).
Exhibit A
Ordinance No. 010-09
Page 56 of 138
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).
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).
Exhibit A
Ordinance No. 010-09
Page 57 of 138
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).
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).
Exhibit A
Ordinance No. 010-09
Page 58 of 138
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).
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).
Exhibit A
Ordinance No. 010-09
Page 59 of 138
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).
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).
Exhibit A
Ordinance No. 010-09
Page 60 of 138
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
(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) 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).
Exhibit A
Ordinance No. 010-09
Page 61 of 138
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
58.17.020f 11). (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
58.17.020f61). (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
Exhibit A
Ordinance No. 010-09
Page 62 of 138
(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
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 "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).
Exhibit A
Ordinance No. 010-09
Page 63 of 138
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).
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)
Exhibit A
Ordinance No. 010-09
Page 64 of 138
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,
(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).
Exhibit A
Ordinance No. 010-09
Page 65 of 138
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 "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).
Exhibit A
Ordinance No. 010-09
Page 66 of 138
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 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).
Exhibit A
Ordinance No. 010-09
Page 67 of 138
Chapter 16.12
ZONING MAP
Sections:
16.12.010
Zones established.
16.12.020
Boundary questions.
16.12.021
Interpretation - right-of-way.
16.12,030
Changes.
16.12.040
Annexed land.
16.12.050
Reference to "R" zones.
16.12.010 Zones established.
The following zones are hereby established: Gb, R4.5, R8, R12, R20, Co, BP, Eo, Mxd, Cf; and
overlay zones of TRMT, VPOD, DOD Central, DOD East and DOD West Gateways, . The location
and boundaries of the various zones are such as are shown in Appendix A of the 2008
Comprehensive Plan maps and are codified in this title and made a part of this title. Changes in
the boundaries of the zones, including application or amendment or interim zoning, shall be
made by ordinance adopting or amending the zoning map. (Ord. 046-07§2, 2007).
16.12.020 Boundary questions.
Where uncertainty exists as to the boundaries of any zone on the zoning map, the following rules
of construction, listed in priority order, shall apply:
(1) Where boundaries are indicated as paralleling the approximate centerline of the
street right-of-way, the zone shall extend to each adjacent boundary of the right-of-way. Non
road -related uses by adjacent property owners, if allowed in the right-of-way shall meet the
same zoning requirements regulating the property owners lot.
(2) Where boundaries are indicated as following approximate lot lines, the actual lot
lines shall be considered the boundaries.
(3) Where boundaries are indicated as following lines or ordinary high water, or
government meander line, the lines shall be considered to be actual boundaries. If these lines
should change the boundaries shall be considered to move with them.
(4) If none of the rules of interpretation described in the above subparagraphs apply,
then the zoning boundary shall be determined by map scaling. (Ord. 046-07§2, 2007).
16.12.021 Interpretation - right-of-way.
(1) Except when such areas are specifically designated on the zoning map as being
classified in one of the zones provided in this document, land contained in rights -of -way for
streets or alleys shall be considered unclassified.
(2) Within street or alley rights -of -way, uses shall be limited to street purposes as
defined by law.
(3) Where such right-of-way is vacated, the vacated area shall have the zone
classification of the adjoining property with which it is first merged. (Ord. 046-07§2, 2007).
16.12.030 Changes.
No change shall be made to a zoning map except by authority of an amending ordinance. Any
changes made otherwise shall be in violation of this title. (Ord. 046-07§2, 2007).
16.12.040 Annexed land.
(1) All land annexed to the City after the effective date of the ordinance codified in
this title shall continue to have the land use classification such land enjoyed while in the county,
pending study, public hearing and specific reclassification.
Exhibit A
Ordinance No. 010-09
Page 68 of 138
(2) Any lot subdivided under authority of the county and recognized by the county
as a buildable lot, will, upon annexation to the City, be considered a buildable lot, even though
it may be smaller than the City zoning requires for that vicinity and zone. (Ord. 046-07§2, 2007).
16.12.050 Reference to R zones.
The "R" is used in this title, refers to all zones that have a residential zoning status. (Ord. 046-07§2,
2007).
Exhibit A
Sections:
16.13.100
16.13.110
16.13.111
16.13.112
16.13.113
16.13.114
16.13.115
16.13.116
16.13.120
16.13.121
16.13.122
16.13.123
16.13.124
16.13.125
16.13.126
16.13.130
16.13.131
16.13.132
16.13.133
16.13.134
16.13.135
16.13.136
16.13.140
16.13.141
16.13.142
16.13.143
16.13.144
16.13.145
16.13.146
16.13.150
16.13.151
16.13.152
16.13.153
16.13.154
16.13.155
16.13.156
16.13.160
16.13.161
16.13.162
16.13.163
16.13.164
16.13.165
16.13.166
16.13.170
16.13.171
16.13.172
16.13.173
16.13.174
Chapter 16.13
ZONING DISTRICTS
Zoning districts.
Gb greenbelt district.
Gb permitted uses.
Gb conditional uses.
Gb lot area.
Gb lot coverage.
Gb yards.
Gb building height.
R4.5 single family detached.
R4.5 permitted uses.
R4.5 conditional uses.
R4.5 lot area.
R4.5 lot coverage.
R4.5 yards.
R4.5 building height.
R8 and R 12 single family detached/attached.
R8 and R 12 permitted uses.
R8 and R 12 conditional uses.
R8 and R 12 lot area.
R8 and R 12 lot coverage.
R8 and R 12 yards.
R8 and R 12 building height.
R20 single/multiple family detached/attached.
R20 permitted uses.
R20 conditional uses.
R20 lot area.
R20 lot coverage.
R20 yards.
R20 building height.
Co commercial: retail and office.
Co permitted uses.
Co conditional uses.
Co lot area.
Co lot coverage.
Co yards.
Co building height.
Eo employment: industrial and office.
Eo permitted uses.
Eo conditional uses.
Eo lot area.
Eo lot coverage.
Eo yards.
Eo building height.
Mxd mixed use commercial
Mxd permitted uses.
Mxd conditional uses.
Mxd lot area.
Mxd lot coverage.
employment and residential.
Ordinance No. 010-09
Page 69 of 138
Exhibit A
Ordinance No. 010-09
Page 70 of 138
16.13.175
Mxd yards.
16.13.176
Mxd building height.
16.13.180
Cf community facilities.
16.13.181
Cf permitted uses.
16.13.182
Cf conditional uses.
16.13.183
Cf lot area.
16.13.184
Cf lot coverage.
16.13.185
Cf yards.
16.13.186
Cf building height.
16.13.190
PRD - planned residential development.
16.13.191
PRD permitted uses.
16.13.192
PRD minimum lot area.
16.13.193
PRD modification of underlying zoning development standards.
16.13.194
PRD platting requirements.
16.13.195
PRD criteria for granting approval.
16.13.200
Business Professional (BP).
16.13.201
BP permitted uses.
16.13.202
BP Conditional uses.
16.13.203
BP lot area.
16.13.204
BP lot coverage.
16.13.205
BP yards.
16.13.206
BP building height.
16.13.100 Zoning districts purpose.
The purpose statements for each zoning district set forth in the following sections shall be used to
guide the application of the zones and designations to all lands. They shall guide interpretation
and application of land use regulations within the zones and designations, and any changes to
the range of permitted uses within each zone through amendments to this document. (Ord. 046-
07§2, 2007).
16.13.110 Greenbelt district (Gb).
(1) Purpose: It is the purpose of the greenbelt zone to preserve and protect natural
areas that are unique in character, and insure that natural systems will be maintained.
(2) This purpose will be accomplished by:
(a) Providing for conservation, wildlife habitat, open space, parks,
recreational areas, trails, greenways, and similar urban separators on lands that are
suitable for this purpose.
(b) Within the greenbelt system, allowing only those accessory and
complementary uses that are compatible with the preservation of natural systems.
(3) This zone is appropriate where lands acquired or proposed to be acquired or
set -aside for public park and recreation use by the comprehensive plan and for other
semi -publicly or privately owned lands that are dedicated, reserved or otherwise set -aside for
greenbelt purposes including those of a commercial orientation that should be reserved for
long-term protection. (Ord. 046-07§2, 2007).
16.13.111 Gb permitted uses.
The following are permitted uses in a Greenbelt District (Gb) zone:
(1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30.
(2) Accessory buildings or structures in accordance with the provisions of the POMC
Exhibit A
Ordinance No. 010-09
Page 71 of 138
(3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046-
07§2, 2007).
16.13.112 Gb conditional uses.
Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated
development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007).
16.13.113 Gb lot area.
Lot area is as described in the Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-
07§2, 2007).
16.13.114 Gb lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-
07§2, 2007).
16.13.115 Gb yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
(Ord. 046-07§2, 2007).
16.13.116 Gb building height.
Building Height is as described in the Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord.
046-07§2, 2007).
16.13.120 Residential zone single family detached (R4.5).
(1) Purpose: The primary purpose of the single family detached residential zone
(R4.5), 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.
(2) These purposes are accomplished by:
(a) Providing for a mix of predominantly single family detached housing types
including zero lot line and housing arrangements with a variety of densities and sizes in
locations appropriate for urban densities.
(b) Allowing only those accessory and complementary nonresidential uses
that are compatible with single family residential communities.
(3) This zone is appropriate where:
(a) Designated by the comprehensive plan when such areas are served at
the time of development by adequate public sewers, water supply, roads, and other
needed public facilities and services as defined in the concurrency management
system.
(b) Surrounding lands have already been developed for lower intensity single
family detached housing types and offer greenbelt, recreation, and pedestrian services
most supportive of lower density living arrangements. (Ord. 046-07§2, 2007).
16.13.121 R4.5 permitted uses.
(1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30.
(2) Accessory buildings or structures in accordance with the provisions of the POMC
16.08.006-16.08.012.
(3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046-
07§2, 2007).
Exhibit A
Ordinance No. 010-09
Page 72 of 138
16.13.122 R4.5 conditional uses.
Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated
development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007).
16.13.123 R4.5 lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2,
2007).
16.13.124 R4.5 lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-
07§2, 2007).
16.13.125 R4.5 yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
(Ord. 046-07§2, 2007).
16.13.126 R4.5 building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord.
046-07§2, 2007).
16.13.130 Residential zone single family detached/attached (R8 and R12).
(1) Purpose: The purpose of the single family detached/attached residential zones
(R8 - up to 8.0 units/net useable acre) and (R12 - up to 12.0 units/net useable acre) is to (a)
define areas that allow a greater dwelling unit density - particularly in locations that are well
served by the arterial circulation system and community facilities in general, (b) implement
comprehensive plan goals and policies for housing quality, diversity, and affordability, and (c)
efficiently use residential land, public services, and energy.
(2) These purposes are accomplished by:
(a) Providing for a mix of single family detached including lot line and village
detached housing arrangements, and attached housing types including duplex or twins,
patio house, atrium house, weak and strong link town or row house, and multiplex
attached housing products with a variety of densities and sizes in locations appropriate
for urban densities.
(b) Allowing only those accessory and complementary nonresidential uses
that are compatible with higher density single family residential communities.
(3) These zones are appropriate where:
(a) Designated by the comprehensive plan when such areas are served at
the time of development by adequate public sewers, water supply, roads, and other
needed public facilities and services as defined in the concurrency management
system.
(b) Surrounding lands have already been developed for lower intensity single
family housing types but abut more intensely developed commercial, office,
employment or other nonresidential land uses - and offer greenbelt, recreation,
pedestrian, and transit services most supportive of higher density living arrangements.
(Ord. 046-07§2, 2007).
16.13.131 R8 and R12 permitted uses.
The following are permitted uses in the R8 and R12 Single Family Detached/Attached Residential
zone:
(1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30.
Exhibit A
Ordinance No. 010-09
Page 73 of 138
(2) Accessory buildings or structures in accordance with the provisions of the POMC
16.08.006-16.08.012.
(3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046-
07§2, 2007).
16.13.132 R8 and R12 conditional uses.
Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated
development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007).
16.13.133 R8 and R12 lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2,
2007).
16.13.134 R8 and R12 lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-
07§2, 2007).
16.13.135 R8 and R12 yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
(Ord. 046-07§2, 2007).
16.13.136 R8 and R12 building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord.
046-07§2, 2007).
16.13.140 Residential zone - single/multiple family detached/attached (R20).
(1) Purpose: The purpose of the residential single/multiple family detached/attached
zone (R20 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.
(2) These purposes are accomplished by:
(a) Providing for a mix of some higher density single/multiple family
detached/attached housing products including clustered village housing types, weak
and strong link townhouse and multiplex, and garden apartments with a variety of
densities and sizes in locations appropriate for urban densities.
(b) Allowing only those accessory and complementary nonresidential uses
that are compatible with multiple family residential communities.
(3) This zone is appropriate where:
(a) Designated by the comprehensive plan when such areas are served at
the time of development by adequate public sewers, water supply, roads, and other
needed public facilities and services as defined in the concurrency management
system.
(b) Surrounding lands have been developed for commercial, business,
employment, public facility or other nonresidential but higher intensity activities - and
offer greenbelt, recreation, pedestrian, and transit services most supportive of higher
density living arrangements. (Ord. 046-07§2, 2007).
16.13.141 R20 permitted uses.
The following are permitted uses in the residential single/multiple family detached/attached
zone (R20):
Exhibit A
Ordinance No. 010-09
Page 74 of 138
(1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30.
(2) Accessory buildings or structures in accordance with the provisions of the POMC
16.08.006-16.08.012.
(3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046-
07§2, 2007).
16.13.142 R20 conditional uses.
Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated
development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007).
16.13.143 R20 lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2,
2007).
16.13.144 R20 lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-
07§2, 2007).
16.13.145 R20 yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025,
(Ord. 046-07§2, 2007).
16.13.146 R20 building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord.
046-07§2, 2007).
16.13.150 Commercial - retail and office (Co).
(1) Purpose: The purpose of the commercial retail and office (Co) zone is to provide
for the broadest mix of retail, service, office, and commercial recreation/cultural uses serving the
Port Orchard and surrounding market areas and offering significant employment opportunities.
(2) These purposes are accomplished by:
(a) Providing far office uses as well as a wider range of the retail, professional,
governmental, and personal services than are found in neighborhood and community
business areas.
(b) Encouraging planned developments that incorporate aesthetic as well as
functional concerns.
(3) This zone is appropriate where:
(a) Designated by the comprehensive plan when such areas are served by
adequate public sewers, water supply, roads, and other needed public facilities and
services as defined in the concurrency management system.
(b) Areas are provided convenient, visible, and safe access by vehicle,
transit, bicycle, and pedestrian circulation systems located on minor and major arterial
roads. (Ord. 046-07§2, 2007).
16.13.151 Co permitted uses.
The following are permitted uses in the commercial retail and office (Co) zone:
(1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30.
(2) Accessory buildings or structures in accordance with the provisions of the POMC
16.08.006-16.08.012.
(3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046-
07§2,
Exhibit A
Ordinance No. 010-09
Page 75 of 138
2007)
16.13.152 Co conditional uses.
Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated
development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007).
16.13.153 Co lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2,
2007).
16.13.154 Co lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-
07§2, 2007).
16.13.155 Co yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
(Ord. 046-07§2, 2007).
16.13.156 Co building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord.
046-07§2, 2007).
16.13.160 Employment - industrial and office (Eo).
(1) Purpose: The purpose of the employment industrial and office zone (Eo) is (a) to
provide for the location and grouping of industrial and related enterprises and activities
involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research
facilities, warehousing, and heavy trucking, (b) provide land for those types of professional,
research, business, service, and similar uses which are based in office structures and which
require separate sites or developments from other more commercial and retail activities and (c)
protect the land base for economic development and employment opportunities.
(2) These purposes are accomplished by:
(a) Allowing for a wide range of industrial and manufacturing uses including
more intensive building patterns and floor area ratios.
(b) Establishing appropriate development standards and public review
procedures for industrial activities with the greatest potential for adverse impacts.
(c) Limiting residential, commercial, and other uses to that necessary for the
convenience of industrial or dedicated office activities.
(d) Allowing for on -site convenient daily retail and personal services for
employees.
(3) This zone is appropriate where:
(a) Land designated on the comprehensive plan is served at the time of
development by adequate public sewer, water supply, roads, and other needed public
facilities and services as defined in the concurrency management system.
(b) This zone must be provided convenient and safe access by vehicle,
transit, bicycle, and pedestrian circulation systems located on minor and major arterial
roads. (Ord. 046-07§2, 2007).
16.13.161 Eo permitted uses.
The following are permitted uses in the employment industrial and office zone (Eo):
A. Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter
16.30.
Exhibit A
Ordinance No. 010-09
Page 76 of 138
B. Accessory buildings or structures in accordance with the provisions of the
POMC 16.08.006-16.08.012.
C. Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord.
046-07§2, 2007).
16.13.162 Eo conditional uses.
Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated
development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007).
16.13.163 Eo lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2,
2007).
16.13.164 Eo lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-
07§2, 2007).
16.13.165 Eo yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
(Ord. 046-07§2, 2007).
16.13.166 Eo building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord.
046-07§2, 2007).
16.13.170 Mixed use - commercial, employment, and residential (Mxd).
(1) Purpose: The purpose of the mixed use (Mxd) zone is to (a) provide a permissive
and alternative zoning procedure for innovative, pedestrian oriented mixed use site and building
developments or physical design proposals that are capable of providing substantial value to
the community over conventional zone districting, and (b) to implement comprehensive plan
goals and policies for housing diversity, affordability, and to efficiently use land, public services,
and energy. The mixed use district may vary the height, use, organization, design, intensity, size
or other feature of the proposed development, but shall not vary from the environmental,
market, community impact, infrastructure, design, and other objectives of this document and
the comprehensive plan.
(2) These purposes are accomplished by:
(a) Providing for the broadest mix of retail, commercial, business, personal
services, office, light industrial, recreational, public facilities, and residential uses in master
planned site developments within the some property, building complex, and/or structure.
(b) Conditionally controlling the location, design or inclusion of commercial
uses with outdoor storage or auto related activities that are not appropriate to or may
adversely impact a residential use or pedestrian oriented development.
(c) Conditionally controlling the location, design, or inclusion of light industrial
uses with outdoor storage, traffic and parking, noise or other physical or operational
characteristics that are not appropriate to or may adversely impact a residential use or
pedestrian oriented development.
(d) Requiring unique consideration, disposition, control, and approval.
(3) This zone may be appropriate:
(a) Within the downtown and waterfront areas where designated by the
comprehensive plan when such areas include historic features, access principal
Exhibit A
Ordinance No. 010-09
Page 77 of 138
pedestrian walkway corridors, incorporate ground floor commercial and office uses,
retain a pedestrian scale, and create a compact site and building development.
(b) On large, contiguous parcels along Bay Street, Bethel Avenue, Mile Hill
Drive, SR-160/Sedgwick Road, and near SR-16 where designated by the comprehensive
plan when such areas can be master planned and developed to create compact,
cohesive site and building developments that integrate residential use and access to
retail and employment areas in identifiable and desirable urban design concepts.
(c) In areas served at the time of development by adequate public sewer,
water supply, roads, and other needed public facilities and services as defined in the
concurrency management system.
(d) In areas that provide convenient and safe access by pedestrian, bicycle,
transit, and vehicle circulation systems located on or accessible from minor and major
arterial roads. (Ord. 046-07§2, 2007).
16.13.171 Mxd permitted uses.
The following are permitted uses in the mixed use, commercial, employment, and residential
(Mxd) zone:
(1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30.
(2) Accessory buildings or structures in accordance with the provisions of the POMC
16.08.006-16.08.012.
(3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046-
07§2, 2007).
16.13.172 Mxd conditional uses.
Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated
development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007).
16.13.173 Mxd lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2,
2007).
16.13.174 Mxd lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-
07§2, 2007).
16.13.175 Mxd yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
(Ord. 046-07§2, 2007).
16.13.176 Mxd building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord.
046-07§2, 2007).
16.13.180 Community facilities (Cf).
(1) Purpose: The purpose of the community facilities zone is to:
(a) Specifically separate and control those public, semi-public, institutional,
and private properties, facilities, and services that prime and make feasible centers of
urban use. It is also the purpose of this zone to coordinate these uses to the extent that
they are serving to prime the same direction, magnitude, orientation, and form of urban
growth and avoid waste, inefficiency, or contradiction:
(b) Maximize the known efficiencies of investment, land, site or facility sharing
Exhibit A
Ordinance No. 010-09
Page 78 of 138
which are possible and desirable when infrastructure is specifically allocated space
within the community;
(c) Resolve contradictions or disagreements that could arise between the
various agencies or parties responsible for each infrastructure element and the specific
public objectives for which they are accountable;
(d) Identify, protect, provide for, and ensure the harmonious relationship,
scale, extent, provisions, character, location, and surrounding environs of public,
semipublic or commercial use of lands and structures for open space, park, and
recreational activities;
(e) Provide for and protect the buffer zones, access, and land use
relationships which are often unique between infrastructure and other urban uses such
that neither use intrudes upon the other.
(2) These purposes are accomplished by:
(a) Designating the public use as a specific zone subject to the
comprehensive plan making process and public forums intended for this purpose;
(b) Designating the public, semipublic or commercial use as a specific zone
subject to the comprehensive plan making process and public forums intended for this
purpose;
(c) Excluding residential, commercial, office, industrial or other land uses that
may cause conflicts with or be adversely affected by the principal public activities, uses
or structures contained within this zone.
(3) This zone is appropriate where:
(a) Designated by the comprehensive plan when the areas are served at the
time of development by adequate public sewer, water supply, roads, and other needed
public facilities and services as defined in the concurrency management system;
(b) Provided convenient and safe access by pedestrian, bicycle, transit, and
vehicle circulation systems located on or accessible from minor and major arterial roads.
(Ord. 046-07§2, 2007).
16.13.181 Cf permitted uses.
The following are permitted uses in the community facilities zone:
(1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30.
(2) Accessory buildings or structures in accordance with the provisions of the POMC
16.08.006-16.08.012.
(3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046-
07§2, 2007).
16.13.182 Cf conditional uses.
Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated
development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007).
16.13.183 Cf lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2,
2007) .
16.13.184 Cf lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40,025. (Ord. 046-
07§2, 2007).
16.13.185 Cf yards.
Exhibit A
Ordinance No. 010-09
Page 79 of 138
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
(Ord. 046-07§2, 2007).
16.13.186 Cf building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord.
046-07§2, 2007).
16.13.190 Planned residential developments (-prd).
(1) Purpose: The purpose of planned residential development (PRD) is to
(a) Provide for site design flexibility and thus permit more creative and
imaginative projects, or innovative projects that are otherwise beneficial to the
community, than generally possible under conventional zoning regulations,
(b) Preserve unique or sensitive physical features, such as steep slopes, views,
retention of natural vegetation and to provide more open space and recreational
amenities than would be available under conventional land development practices,
and
(c) To promote more economical and efficient use of land and a unified
design concept for residential development or mixed use/residential development.
(2) Allowable districts: PRD, denoted by (-prd) after the zone's map symbol, may be
permitted in the following zoning districts consistent with the development and design standards
of this Zoning Code: Greenbelt, Residential 4.5, 8, 12, and 20, and Mixed Use. However, no
dwelling units may be transferred to a less intensive zone. (Ord. 046-07§2, 2007).
16.13.191 PRD permitted uses.
(1) Single-family detached dwellings in the gb, r4.5, r8, rl2, r20, and mxd zones;
(2) Multifamily dwellings in the R12, R20, and Mxd zones, and
(3) All permitted uses as of right in the underlying zones including accessory uses and
uses that may be allowed by conditional use permits or special use permits, subject to the
requirements in that section of the code. (Ord. 046-07§2, 2007).
16.13.192 PRD minimum lot area:
Parcels proposed for the PRD designation must meet minimum lot requirements as follows (Ord.
046-07§2, 2007):
Greenbelt two acres
Residential 4.5, 8, 12, and 20 one acre
Mixed use one-half acre
16.13.193 PRD modification of underlying zoning development standards.
(1) The city, using Planned Residential Development (PUD) may allow the following
development standards to be modified:
(a) Building setbacks, except that structures located on the perimeter of the
planned residential development shall be set back in accordance with setbacks of the
underlying zone;
(b) Height of building or structure provided that the project design protects
the views and privacy of properties inside and outside of the project;
(c) Required off-street parking spaces.
(d) Landscaping requirements;
(e) Sign requirements;
(f) Design standards;
(g) Lot size
Exhibit A
Ordinance No. 010-09
Page 80 of 138
(2) The following standards may not be modified or altered in a PRD are:
(a) Shoreline regulations when the property is located in an area under the
jurisdiction of the Shoreline Master Program;
(b) Standards pertaining to development in environmentally sensitive areas;
(c) Regulations pertaining to nonconforming uses, structures, or lots;
(d) Subsequent standards adopted by City Council Ordinance or Resolution.
(Ord. 046-07§2, 2007).
16.13.194 PRD platting requirements.
When any parcel of land within a PRD is intended for sale or individual ownership, the platting
requirements of the Port Orchard subdivision ordinance and applicable state laws pertaining to
subdivisions shall be followed. Applications for plat approval must be submitted and processed
concurrently with the application for planned residential development approval. (Ord. 046-07§2,
2007) .
16.13.195 PRD criteria for approval.
(1) Planned residential developments may be proposed by the applicant to permit a
residential development which otherwise could not be granted. Such a development must
meet strict conditions and be a benefit to the surrounding neighborhood and community at
large.
(2) The applicant must specifically demonstrate why the PRD is needed by
addressing the following criteria in the application:
(a) Project will benefit the community more than if the project complied with
the underlying zone standards, guidelines, and policies;
(b) All proposed residential and other land uses are presented through
detailed site plans, lot layouts, and building elevations;
(c) Project will preserve unique or sensitive physical features such as steep
slopes and views, and retain natural vegetation;
(d) Project will provide more open space and recreational amenities than
would be available under conventional land development practices;
(e) Project uses creative design techniques to promote an uncluttered
appearance such as a variety of lot sizes, parking at the rear of sites and the provision of
alleys;
(f) Demonstrate the project benefit to the surrounding neighborhood and
community at large;
(g) Specify the phasing of the development; and
(h) Provide public facility sites or improvements, such as road improvements,
utilities, parks, or open space. (Ord. 046-07§2, 2007).
16.13.200 Business Professional (BP).
(1) Purpose: The purpose of the Business Professional (BP) zone differs from general
commercial designations in that Business Professional limits the amount, size and type of retail
uses. This designation is intended to support major employment centers such as Harrison Hospital
and surrounding hospital/medical district and the Kitsap County administration campus, while
serving as a transition with adjacent residential neighborhoods.
(2) These purposes are accomplished by:
(a) Providing for office uses as well as a wider range of the retail, professional,
governmental, and personal services than are found in neighborhood and community business
areas.
(b) Encouraging planned developments that incorporate aesthetic as well as
functional concerns.
Exhibit A
Ordinance No. 010-09
Page 81 of 138
(3) This zone is appropriate where:
(a) Designated by the comprehensive plan when such areas are served by
adequate public sewers, water supply, roads, and other needed public facilities and services as
defined in the concurrency management system.
(b) Areas are provided convenient, visible, and safe access by vehicle,
transit,
bicycle, and pedestrian circulation systems located on minor and major arterial roads.
(c) appropriate where traffic management is required.
16.13.201 BP permitted uses.
The following are permitted uses in the Business Professional retail and office (BP) zone:
(1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30.
(2) Accessory buildings or structures in accordance with the provisions of the POMC
16.08.006-16.08.012.
(3) Signs in accordance with the provisions of the POMC Chapter 16.65.
16.13.202 BP Conditional uses.
Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated
development standards as identified in Chapter 16.40 POMC.
16.13.203 BP lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.204 BP lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.205 BP yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.206 BP building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
Exhibit A
Ordinance No. 010-09
Page 82 of 138
Chapter 16.20
PROPERTY SPECIFIC DESIGNATIONS - OVERLAY DISTRICT
Sections:
16.20.100
Property -specific designations.
16.20.105
Property -specific development standards (-p).
16.20.107
Property -specific development standards (-p) - general provisions.
16.20.108
Property -specific development agreements.
16.20.109
Property -specific site plan rezone designation (-sp).
16.20.115
Overlay zoning district designations, compliance.
16.20.120
Critical environmental overlay (-Ce).
16.20.125
Special district overlay designations (-sdod).
16.20.126
Uses.
16.20.127
Blackjack Creek corridor overlay.
16.20.200
Downtown Overlay District, (-DOD).
16.20.201
DOD permitted uses.
16.20.202
DOD non -conforming uses.
16.20.203
DOD conditional uses.
16.20.204
DOD conditional uses, decision criteria.
16.20.205
DOD lot area.
16.20.206
DOD lot coverage.
16.20.207
DOD minimum setback requirements.
16.20.208
DOD minimum residential dwelling unit size.
16.20.209
DOD structure and measurements.
16.20.210
DOD allowable building heights.
16.20.21 1
DOD heights within the central DOD, on the north side of Bay Street.
16.20.212
DOD heights within the central DOD, south of Bay Street.
16.20.213
DOD heights for lots that do not abut Bay Street.
16.20.214
DOD amenities for maximum building and structure height.
16.20.215
DOD "Gateways" heights for those lots abutting Bethel Avenue
16.20.216
DOD parking requirements.
16.20.217
DOD design standards.
16.20.218
DOD rooftop mechanical equipment and roof design.
16.20.219
DOD structure height modulation.
16.20.220
DOD building facades.
16.20.221
DOD service and loading areas.
16.20.222
DOD covered walkway.
16.20.223
DOD building exteriors and materials.
16.20.224
DOD landscaping requirements.
16.20.225
DOD pedestrian walkway requirements.
16.20.226
DOD design review process.
16.20.227
DOD pre -application meeting.
16.20.228
DOD application requirements.
16.20.229
DOD design review procedure and appeals.
16.20.230
DOD duration of appeal.
16.20.231
DOD approval runs with the land.
16.20.400
Historic residential neighborhood overlay (-hist).
16.20.500
Ross Creek Corridor Overlay, (-ross).
16.20.505
Ross Creek development standards.
16.20.510
Ross Creek best management practices (BMP).
Exhibit A
Ordinance No. 010-09
Page 83 of 138
16.20.515
Ross Creek additional application requirements.
16.20.600
Tremont Street Corridor Overlay District, TRMT.
16.20.601
TRMT permitted uses
16.20.604
TRMT permit application requirements.
16.20.605
TRMT review process.
16.20.606
TRMT appeals.
16.20.607
TRMT setback requirements.
16.20.608
TRMT front yard setbacks.
16.20.609
TRMT side yard setbacks.
16.20.610
TRMT rear yard setbacks.
16.20.61 1
TRMT lot coverage.
16.20.612
TRMT minimum street frontage.
16.20.613
TRMT building height.
16.20.614
TRMT design standards.
16.20.615
TRMT building walls and modulation.
16.20.616
TRMT roofline modulation.
16.20.617
TRMT windows and awnings.
16.20.618
TRMT building design.
16.20.619
TRMT siding materials.
16.20.620
TRMT landscape standards.
16.20.627
TRMT utilities.
16.20.628
TRMT parking and circulation standards.
16.20.633
TRMT signs.
16.20.700
View Protection Overlay District (- VPOD).
16.20.701
VPOD residential building and structure height limitations.
16.20.702
VPOD commercial building and structure height limitations.
16.20.703
VPOD additional height incentive.
16.20.704
VPOD minimum lot width open to view.
16.20.705
VPOD maximum building coverage.
16.20.706
VPOD trees and foliage - types and height.
16.20.707
VPOD trees - unreasonable obstruction prohibited - nuisance.
16.20.708
VPOD nuisance abatement process.
16.20.709
VPOD limitation of obligations.
16.20.710
VPOD application: limitation and exemption.
16.20.711
VPOD tree removal on city property.
16.20.712
VPOD exemptions.
16.20.713
VPOD- variances.
16.20.100 Property -specific designations - overlay districts.
Properties that are conditioned with additional standards or use limitations shall be identified on
the Zoning Map with suffix designations as described below. This chapter authorizes the creation
and adoption of development standards or limited uses on specific properties beyond the
general requirements of the code through property -specific development standards (-p), and
special overlay districts while it carries out comprehensive plan policies and map designations
which supplement or modify standard zones through different use, design or density standards.
(1) Property -specific development standards shall be applied to specific properties
through either area zoning or reclassification of individual properties.
(2) Special district overlays shall be applied to specific properties or areas containing
several properties through area zoning adopted in conjunction with the comprehensive plan.
(Ord. 046-07§2, 2007).
Exhibit A
Ordinance No. 010-09
Page 84 of 138
16.20.105 Property -specific development standards (map designation -p).
The purpose of the property -specific development standards designation (-p) suffix to a zone's
map symbol is to provide for alternative development standards to address unique site
characteristics and to address development opportunities that can exceed the quality of
standard developments by establishing authority to adopt property -specific development
standards including contract agreements on individual sites. Adding the '-p" suffix to a zone's
map symbol indicates that conditions beyond the minimum requirements of this document have
been applied to development on the property, including but not limited to increased
development standards, limits on permitted uses or additional approval conditions. (Ord. 046-
07§2, 2007).
16.20.107 Property -specific development standards (map designation -p) - general
provisions.
(1) Property -specific development standards, denoted by the zoning map symbol
(-p) after the zone's map symbol, shall be established on individual properties through either
reclassifications or zoning. Upon the effective date of reclassification of a property to a zone with
a (-p) suffix, the property -specific development standards adopted thereby shall apply to any
development proposal on the property subject to City review, including, but not limited to: a
building permit, grading permit, subdivision, short subdivision, subsequent reclassification to a
conditional use permit, variance, and special use permit.
(2) Property -specific development standards shall address problems unique to
individual properties.
(3) Applications for property -specific development standards shall cite the provisions
of the code, if any, that are to be augmented, limited, or increased, shall be supported by
documentation that addresses the need for such condition(s), and shall include street
addresses, tax lot numbers or other clear means of identifying the properties subject to the
additional standards. Property -specific development standards are limited to:
(a) Specifying the range of permitted land uses.
(b) Requiring special development standards for property with physical
constraints, such as environmental hazards and scenic views.
(c) Requiring specific site design features, such as building orientation, lot
layout, clustering or access location.
(d) Specifying the phasing of the development of a site.
(e) Requiring community facility sites or improvements, such as road
improvements, utilities, parks, open space or school sites.
(4) Property -specific development standards shall not be used to expand permitted
uses or reduce minimum requirements of the code. (Ord. 046-07§2, 2007).
16.20.108 Property -specific development agreements (map designation -p).
(1) A property -specific development agreement may be proposed by the applicant
to permit a very specific use to be allowed which would otherwise not be granted. The
property -specific development standards designation (-p suffix to a zone's map symbol) would
be attached to any parcel where conditions have been identified. Such a use must meet strict
conditions and be a benefit to the surrounding neighborhood.
(2) A property -specific development agreement cannot be used to expand
permitted uses or reduce minimum requirements of the code.
Exhibit A
Ordinance No. 010-09
Page 85 of 138
(3) A property -specific use agreement shall be granted only if the proposed
agreement shall:
(a) Limit the range of permitted land uses, and/or
(b) Require special development standards for property with physical
constraints, such as environmental hazards and scenic views, and/or
(c) Require specific site design features, such as building orientation, lot
layout, clustering or access location, and/or
(d) Specify the phasing of the development of a site, and/or
(e) Require public facility sites or improvements, such as road improvements,
utilities, parks, open space or school sites. (Ord. 046-07§2, 2007).
16.20.109 Property -specific site plan rezone designation (map designation -sp).
The purpose of the site plan specific rezone ordinance designation (-sp suffix to a zone's map
symbol) is to indicate that the property is subject to a site plan specific rezone ordinance. Any
major modification, deviation or departure from the originally approved site plan shall require
City Council approval. Removal of the -sp suffix shall be made by ordinance amending the
zoning map (Ord. 046-07§2, 2007).
16.20.115 Overlay zoning district designations, compliance.
(1) The Overlay Zoning District regulations implement sub area -specific policies in the
Port Orchard Comprehensive Plan. Except as otherwise provided herein no building or structure
shall be constructed nor shall any building or structure be moved, altered, enlarged, remodeled
or rebuilt within any of the Special Overlay Districts identified herein except in compliance with
the provisions of this chapter, which are in addition to City-wide zoning and land use regulations.
(2) All uses permitted as of right by the underlying zoning designation are permitted
uses.
(3) To the extent the provisions of this chapter are inconsistent with other provisions of
the POMC, the provisions of this chapter shall control; provided, that if there is an inconsistency
between the requirements of this chapter and the City's Shoreline Master Program or Critical
Areas Ordinance, then the requirements of the Shoreline Master Program or Critical Areas
Ordinance shall control.
(4) In those cases where more than one overlay district applies to a specific parcel,
the most stringent Overlay District requirements will apply. Provided, however, in case of conflict
between the VPOD and the DOD, the DOD provisions shall control. (Ord. 046-07§2, 2007).
16.20.120 Critical environmental area overlay designation (map designation -ce).
(1) Purpose: The purpose of the critical environmental area overlay designation (-ce)
suffix to a zone's map symbol) is to protect those lands and soils that are incapable of urban use
and which pose special hazard, pollution, or degradation to the environment surrounding, or the
public at large, if subjected to improper management and development.
(2) These purposes are accomplished by: Identifying the limited performance criteria
created by tributary drainage systems, floodplains and stream buffers, impermeable soils and
wetlands, shallow depth to seasonal high water tables, non -compressive or unstable soil
materials, bedrock escarpments, steep slope and erosion hazard, other hazards, archaeological
sites and land forms.
(3) This zone is appropriate where: Lands are determined to be environmentally
sensitive or Critical Areas as defined by the Washington State Growth Management Act (GMA),
the Port Orchard Critical Areas Ordinance, and this Title. (Ord. 046-07§2, 2007).
16.20.125 Special district overlay designations (map designation-sdod).
Exhibit A
Ordinance No. 010-09
Page 86 of 138
The purpose of the special district overlay designation (-sdod) suffix to a zone's map symbol is to
carry out comprehensive plan policies that identify special opportunities for achieving public
benefits by permitting or requiring alternative uses and development standards that differ from
the underlying zoning designation. Special district overlays are generally applied to a group of
individual properties or sub -areas and are designated primarily through the area zoning process
adopted in conjunction with the comprehensive plan. New overlay districts or amendments to
these districts may be adopted as part of this code to carry out new or different goals or
policies. (Ord. 046-07§2, 2007).
16.20.126 Special district uses (-sdod).
Unless they are specifically modified by the provisions of the overlay districts, the standard
requirements of the underlying districts govern all development and land uses within special
district overlays. A special district overlay on an individual site may be modified by
property -specific development standards as described in this title. (Ord. 046-07§2, 2007).
16.20.127 Blackjack Creek Corridor Overlay (map designation -jack).
(1) Boundaries. The boundaries and applicable standards of the Blackjack Creek
Corridor Overlay District (-jack) are as defined in the Shoreline Master Program.
(2) Design and Building Standards.
(a) All proposed development within the Blackjack Creek ravine shall submit
a geotechnical report on soil stability, prepared by a licensed engineer, which shows
development as proposed or otherwise mitigated will not disrupt slope stability.
(b) Single family structures located within the Blackjack Creek ravine should
be located 200 feet from the ordinary high water line of Blackjack Creek.
(c) Access Roads or driveways to single family development should not
exceed a 12 percent slope.
(d) Single family residences shall not be developed on slopes in excess of 20
percent.
(e) All development shall comply with the City's Critical Areas Ordinance.
(Ord. 046-07§2, 2007).
16.20.200 Downtown Overlay District (map designation -dod).
(1) Boundaries: The DOD consists of three sub areas: the Central DOD sub area, DOD
West Gateway sub -area, and DOD East Gateway sub -area, shall consist of all real property
located within the area depicted on the comprehensive plan DOD map.
(2) Unless exempt pursuant to Section 16.20.226, no City permit or approval shall be
issued for, and no person shall start, any development that is subject to the design review
process until the development has received design review approval.
(3) Purposes. The purposes of the DOD are to:
(a) Implement the land use goals and policies set forth in the Comprehensive
Plan.
(b) Provide for the development of an integrated mixed use downtown
district that contains office, service, retail, residential and recreational uses within close
proximity to one another.
(c) Encourage imaginative site and building design and development while
maintaining view corridors and a small town feel.
(d) Identify significant environmental impacts and ensure appropriate
mitigation with attention to sustainable or low -impact development.
(e) Encourage environmentally sustainable development.
(f) Promote economic development and job creation in the City.
(g) Encourage energy conservation in building design and layout.
Exhibit A
Ordinance No. 010-09
Page 87 of 138
(h) Promote an integrated system of pedestrian -friendly walkways and
parking areas.
(i) Enhance the City's waterfront character while maintaining the maritime
presence.
(j) Encourage the development of buildings with ground floor retail with
office uses and residential uses above.
(k) Promote a walkable community by encouraging the development of
public open spaces, waterfront access, and pedestrian -friendly walkways.
(I) Locate and combine parking areas in order to minimize the number of
points of access to and from Bay Street.
(m) Encourage architectural and site designs that serve as gathering places in
wet and dry conditions.
(n) Promote greater public transportation availability within Port Orchard and
across Sinclair Inlet during the evening hours to improve access to/from the DOD. (Ord.
046-07§2, 2007).
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 above the first 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.
(j) Commercial recreation.
(k) General business services.
(1) Health services, including offices, patient clinics, and medical/dental
laboratories.
(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.
(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 1-8, POMC 16.30.030 - 16.30.100, except for motor vehicle
Exhibit A
Ordinance No. 010-09
Page 88 of 138
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 above the first floor.
(b) Multifamily dwellings above the first 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 above the first floor.
(f) Boat dealers; provided no inventory shall be allowed on site.
(g) Conference centers.
(h) Daycare above the first floor.
(i) Dock.
(j) Commercial recreation.
(k) General business services, except Bail Bonds and similar uses under SIC
Code 7389 are prohibited from the ground floor and must be located above the ground
floor.
(1) Health services, including offices, patient clinics, and medical/dental
laboratories above the first 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.
(t) Post Office.
(u) Professional offices and services, including financial, accounting, and
legal above the first floor.
(v) Public agency offices above the first floor.
(w) Retail sales and services listed as permitted uses in a commercial or mixed
use zone in Land Use Tables 1-8, POMC 16.30.030 - 16.30.100, except for motor vehicle
dealers, auto supply stores, gas stations, boat dealers, adult entertainment, and fuel
dealers.
(x) Trails.
(y) Water transportation facilities. (Ord. 046-07§2, 2007).
16.20.202 DOD non -conforming uses.
(1) All existing non-residential uses other than the uses specified in section 16.20.201,
shall be legally non -conforming uses. Provided, an existing non-residential use may be
expanded if the expansion does not more than double the square footage of the use as it
existed on the effective date of these regulations.
(2) All existing single family detached residential uses shall be legally non -conforming
uses and may be expanded, altered, or rebuilt provided the structure continues to comply with
Table 9, "Density and Dimensions" POMC 16.40.025. (Ord. 046-07§2, 2007).
16.20.203 DOD conditional uses.
Exhibit A
Ordinance No. 010-09
Page 89 of 138
Uses that require a conditional use permit:
1. Any retail store or complex of retail stores with more than forty thousand (40,000)
square feet of total combined floor area that is otherwise allowed as a permitted use;
2. Any building or structure that exceeds the maximum allowable building heights set
forth in POMC 16.20.211-213 and that is otherwise allowed as a permitted use. (Ord. 046-07§2,
2007).
16.20.204 DOD conditional uses, decision criteria.
Applicable standards for granting a conditional use permit are as follows:
(1) Meets the criteria set forth in POMC 16.35;
(2) Project will be designed in accordance with the design standards set forth in
POMC Sections 16.20.217 - 16.20.223; and
(3) The applicant agrees to provide a special amenity or amenities as listed in POMC
Section 16.20.214 with a monetary value of one percent (I%) of the value of the new/proposed
building and land. This requirement shall be in addition to any amenity(ies) that the applicant is
providing in order to exceed the basic allowable structure height. (Ord. 046-07§2, 2007).
16.20.205 DOD lot area.
No minimum lot size is required within the Central DOD area. It is the intent of this title that each
enterprise or use be located on a site commensurate with its use and sufficient to meet the
requirements for off street parking, loading and unloading, and setbacks. (Ord. 046-07§2, 2007).
16.20.206 DOD lot coverage.
Development shall comply with the maximum land coverage requirements for the underlying
zone, as set forth in Table 9, "Densities and Dimensions", POMC 16.40.025; provided, there is no
maximum lot coverage for development on either side of Bay Street between Harrison Avenue
and Orchard Avenue. (Ord. 046-07§2, 2007).
16.20.207 DOD minimum setback requirements.
(1) Except as otherwise required by the Shoreline Master Program and Critical Areas
Ordinance, as now or hereafter amended, there is no minimum setback from a property line
that does not abut a street right of way or alley.
(2) There is no minimum setback from a property line that abuts a street right of way
provided there is a ten (10) foot wide pedestrian walkway If there is inadequate right of way to
establish a ten (10) foot wide pedestrian walkway, then the building shall be set back a sufficient
distance to accommodate a ten (10) foot wide pedestrian walkway.
(3) The setback from a property line that abuts an alley shall comply with the
requirements for the underlying zone as set forth in Table 9, "Densities and Dimensions", POMC
16.40.025. (Ord.046-07§2, 2007).
16.20.208 DOD minimum residential dwelling unit size.
The minimum residential dwelling unit size shall be six hundred (600) square feet. (Ord. 046-07§2,
2007).
16.20.209 DOD structure and measurements.
(1) For purposes of the DOD, structure and building height shall include:
Roof forms and decorative elements not intended for occupancy; mechanical penthouses and
elevator overruns and machine rooms; parapets; and all other roof structures.
(2) Where existing grade and finished grade are different, the lower of either existing
grade or finished grade shall be used to calculate vertical height. For those lots that are
Exhibit A
Ordinance No. 010-09
Page 90 of 138
between Bay Street and Prospect Street/Alley and currently abut Bay Street, the existing Bay
Street elevation shall be the basis for measuring structure height. (Ord. 046-07§2, 2007).
(3) For those lots within the DOD abutting Bay Street, the Bay Street elevation shall be
the basis for measuring building height.
(4) For those properties in the DOD "Gateway" abutting Bethel Avenue, Bethel
Avenue shall be the basis for measuring building height.
16.20.210 DOD allowable building heights.
Building heights may vary based on location of parcel within the DOD and by the opportunity to
achieve a higher structure if certain amenities are incorporated into the development design.
(Ord. 046-07§2, 2007).
16.20.211 DOD heights within the central DOD and DOD East & West "Gateways", on the north
Side of Bay Street.
The maximum allowable building height limit shall be twenty-seven (27) feet, which may be
increased up to thirty-nine (39) feet when the applicant:
(1) Meets the requirements for a conditional use permit, as set forth in POMC
Chapter 16.35.
(2) Provides a special amenity(ies) in accordance with POMC Section 16.20.214 with
a monetary value of one percent (1%) of the value of the new/proposed building and land; and
(3) Complies with the requirements of POMC 16.20.219 regarding reduced floor area
above twenty-seven (27) feet. Provided, in no circumstances shall the maximum allowable
structure height exceed twenty-seven (27) feet, which may be increased up to thirty-nine feet
when the conditions listed in this subsection (1) are satisfied. (Ord. 046-07§2, 2007).
16.20.212 DOD heights within the central DOD and DOD East & West "Gateways", south of Bay
Street.
For lots that are between Bay Street and Prospect Street/Alley and abut Bay Street, the
maximum allowable building height limit shall be thirty-nine (39) feet, which may be increased
up to fifty-five (55) feet when the applicant:
(1) Meets the requirements for a conditional use permit, as set forth in POMC
Chapter 16.35;
(2) Provides a special amenity(ies) in accordance with POMC 16.20.214 with a
monetary value of one percent (1%) of the value of the new/proposed building and land; and
(3) Complies with the requirements of POMC 16.20.219 regarding reduced floor area
above thirty-nine (39) feet. Provided, in no circumstances shall the maximum allowable structure
height exceed thirty-nine (39) feet, which may be increased up to fifty-five (55) feet when the
conditions listed in this subsection (2) are satisfied. (Ord. 046-07§2, 2007).
16.20.213 DOD heights for lots that do not abut Bay Street.
The maximum allowable building height limit shall be twenty-seven (27) feet, which may be
increased up to thirty-nine (39) feet when the applicant:
(1) Meets the requirements for a conditional use permit, as set POMC Chapter 16.35;
(2) Provides a special amenity(ies) in accordance with POMC 16.20.214 with a
monetary value of one percent (1%) of the value of the new/proposed building and land; and
(3) Complies with the requirements of POMC 16.20.219 regarding reduced floor area
above twenty-seven (27) feet. Provided, in no circumstances shall the maximum allowable
structure height exceed twenty-seven (27) feet, which may be increased up to thirty-nine feet
when the conditions listed in this subsection (2) are satisfied. (Ord. 046-07§2, 2007).
Exhibit A
Ordinance No. 010-09
Page 91 of 138
16.20.214 DOD amenities for maximum building and structure height.
One or more special amenities at a cost at least equal to the monetary values set forth in POMC
16.20.211 and 16.20.212 are required to be provided whenever a development proposes to
exceed the maximum allowable building height or structure height, or as provided in POMC
16.20.210. Under no circumstances shall a building exceed the maximum structure height except
as provided in POMC 16.20.211 and 16.20.212 above. The design of each amenity will be
reviewed to ensure that it is appropriate for the proposed location and provides for a public
benefit. All amenities must be maintained for the life of the building. All amenities must be
constructed on the site of the proposed development.
Any one of the following meets the requirement for a special amenity:
(1) Exterior public space that meets all of the following design standards:
(a) The space has a dimension ratio of not more than 5:1 (length: width);
(b) Seating is provided at one (1) seat for each one hundred (100) square
feet of public space;
(c) Incorporates a variety of trees and other plantings covering at least 20%
of the space;
(d) Includes art or water features;
(e) Maximizes solar exposure during the summer; and
(f) Provides access and visibility from the nearest public sidewalk or walkway
or signage to indicate the same.
(2) A water feature that provides access and visibility from the nearest public
sidewalk or walkway or signage to indicate the same.
(3) Public access opportunity by means of a ten (10) foot wide public sidewalk or
walkway between buildings for the entire length of the property such that the pathway is
perpendicular to an existing public sidewalk and provides mid -block access between existing
buildings. At least twenty percent (20%) of the area shall be landscaped.
(4) For waterfront development, a water view opportunity by means of a ten (10)
foot wide public pathway along the property perimeter down one side line of the property for
the entire length of the property to mean higher high water, bulkhead, or to the waterside face
of a structure, whichever is further water ward, then across the waterside face of the property or
structure.
(5) Water view opportunity by means of a public viewing platform. The minimum
area of the platform shall be twenty-five percent (25%) of the structure's footprint. The platform
may have access that is independent from the primary access in and out of the building. The
platform shall also contain landscaping elements. Railings around the platform may exceed the
maximum height permitted for the structure. In addition, the public viewing platform shall
comply with the following requirements:
(a) Seating shall be provided at one (1) seat for each one hundred (100)
square feet of public space;
(b) Incorporate a variety of trees and other plantings covering at least 20% of
the space;
(c) Include art or water features; and
(d) Has direct solar exposure during the summer.
(6) For waterfront development, a harbor access opportunity by means of public
access to a pier constructed in a manner consistent with the City's Shoreline Master Program
and connected by a minimum five-foot wide public pathway to the frontage street. A minimum
of ten -feet of open water on each side shall surround the pier.
(7) For waterfront development, a harbor access opportunity by means of public
access to a small boat landing available for transient use by rowboats, canoes, dinghies, kayaks,
etc., constructed in a manner consistent with the City's Shoreline Master Program and
Exhibit A
Ordinance No. 010-09
Page 92 of 138
connected by a minimum five-foot wide public pathway to the frontage street. A minimum of
ten -feet of open water on each side shall surround the small boat landing.
(8) For waterfront development, a harbor access opportunity by means of public
access to transient moorage for up to two 30-foot boats, which must have a minimum water
depth of eight feet, must be easily accessible to visiting boats, and posted with signage that can
be read at a distance of 100 feet.
(9) A vegetated roof as defined in the "Low Impact Development Technical
Guidance Manual for Puget Sound" (January 2005), as now or hereafter amended. Provided, a
minimum of 50% of the total roof top area of the building, excluding the space occupied by
mechanical equipment, shall meet the requirements of a vegetated roof. As used herein, the
roof top area is not limited to the uppermost portion of the building but includes all roof areas.
(10) With regards to the special amenities described in subsections 1, 2, and 3 above,
nothing shall prohibit two or more property owners from combining their several special amenity
obligations into a single amenity; provided, the amenity is constructed on at least one of the
parcels being developed. When two or more property owners combine their special amenity
obligations, then the requirements for the combined single amenity shall be 100% of what would
otherwise have been required if done separately.
(11) With regards to the special amenities described in subsections (1) and (2) above,
a property owner may apply to the City to contribute to an amenity to be built on public land
within the Central DOD; provided the property owner must contribute an amount equal to 2% of
the value of the new/proposed building and land. The City shall have sole discretion to accept
or reject the application as it deems appropriate.
(12) An enclosed plaza (such as an atrium or galleria) consisting of a publicly
accessible continuous open space located within a building and covered to provide overhead
weather protection while admitting natural daylight and which meets the following design
standards:
(a) The space has a dimension ratio of not more than 5:1 (length: width);
(b) Seating is provided at one (1) seat for each one hundred (100) square
feet of public space;
(c) At least 5% of the area must be landscaped;
(d) Must be accessible to the public at least during normal business hours;
(e) Must be signed (interior and exterior) to identify the enclosed plaza is
available for public use; and
(f) Must be visible from the building's primary public entrance.
(13) Public restroom. A room or rooms containing toilets and lavatories for the use of
the general public, with only limited control for purposes of personal safety and which are:
(a) Accessible to the public at least during normal business hours;
(b) Handicapped accessible;
(c) Signed (exterior and interior) to identify their location and availability for
public use; and
(d) Not otherwise required by law. (Ord. 046-07§2, 2007).
16.20.215 DOD "Gateways" heights for those lots abutting Bethel Avenue.
The maximum allowed building height limit shall be thirty-nine (39) feet, which may be increased
up to fifty-five (55) feet with a Conditional Use Permit (CUP) when the applicant:
(1) Meets the requirements for a conditional use permit, as set POMC Chapter 16.35;
(2) Provides a special amenity(ies) in accordance with POMC 16.20.214 with a
monetary value of one percent (1%) of the value of the new/proposed building and land; and
(3) Complies with the requirements of POMC 16.20.219 regarding reduced floor area
above thirty-nine (39) feet. Provided, in no circumstances shall the maximum allowable structure
Exhibit A
Ordinance No. 010-09
Page 93 of 138
height exceed thirty-nine (39) feet, which may be increased up to fifty-five (55) feet when the
conditions listed in this subsection (2) are satisfied.
16.20.216 DOD parking requirements.
The general parking standards set forth in POMC Chapter 16.45 shall apply unless a more
restrictive provision is set forth in the DOD specific parking standards set forth in 16.45.150. (Ord.
046-07§2, 2007).
16.20.217 DOD design and building standards.
The design and building standards set forth in sections 16.20.218 - 16.20.225 shall be interpreted
and applied so as to promote development that is compatible with the City's historic character
and the scale of existing buildings, to maintain views, and to create a pedestrian -friendly
environment, and shall be used by the DRB review of all development applications. (Ord. 046-
07§2, 2007).
16.20.218 DOD rooftop mechanical equipment and roof design.
(1) Rooftop mechanical equipment shall be concealed from view by a roof form
integrated with the overall architecture of the building, either by locating the equipment within
the structure or concealing it from view behind a parapet that is at least as high as the
equipment. Views of rooftop mechanical equipment from nearby hillsides shall be minimized.
(2) Roof design shall reduce the mass and scale of buildings, add visual interest and
prevent glare. Flat roofs shall have parapets or screening to conceal the roof and mechanical
equipment. Sloping roofs shall have three or more roof planes. When designing rooftops visible
from hillsides, special attention shall be given to prevention of reflective glare and
placement/design of mechanical equipment. Roof gardens or vegetated roofs, as defined in
POMC 16.20.21(I), are encouraged. Roof ridgelines that are perpendicular to Bay Street are
encouraged. (Ord. 046-07§2, 2007).
16.20.219 DOD Structure height modulation.
If the structure height of a building exceeds thirty-nine (39) feet, its height shall be modulated as
follows:
(1) If a building's fapade is within ten (10) feet of a sidewalk, plaza, courtyard, or
similar pedestrian area, then at no higher than twenty (20) feet in height, as measured from
finished grade, and at each floor or story above twenty (20) feet its height shall be modulated
by adding building elements such as a wing of the building, trellis, lower roof overhand,
horizontal projection at least two (2) feet deep, awning, balcony, or other architectural feature
to reduce the apparent height to a more human scale.
(2) For structures on lots that are between Bay Street and Prospect Street/Alley and
that abut Bay Street, above thirty-nine (39) feet, the gross floor area shall be not more than 75%
of the gross floor area immediately below, which shall be designed and constructed to create
view corridors perpendicular to Bay Street on one or both sides of the structure that rises in
excess of thirty-nine (39) feet in height.
(3) For structures north of Bay Street or south of Bay Street that do not abut Bay
Street, above twenty-seven (27) feet, the gross floor area shall be not more than 75% of the gross
floor area immediately below, which shall be designed and constructed to create view corridors
perpendicular to Bay Street on or one or both sides of the structure that rises in excess of twenty-
seven (27) feet in height.
(4) All view corridors should be located to maximize the views and solar access of
neighboring lots. (Ord. 046-07§2, 2007).
Exhibit A
Ordinance No. 010-09
Page 94 of 138
16.20.220 DOD building facades.
(1) A building fagade, whether the front, side, or rear of the building, that exceeds
fifty (50) feet in length shall be broken down into smaller elements by jogging the wall in or out a
minimum of four feet for at least ten (10) feet of length, or by adding an element such as a
porch, recessed entry, bay window, projecting trellis, or similar substantial architectural feature
at least four (4) feet deep by ten (10) feet wide by one-story high, at intervals so that no
continuous wall plane is more than fifty (50) feet in length.
(2) Any sidewalk level building fagade that faces a downtown street shall have at
least thirty percent (30%) of the street level frontage area in transparent glass windows.
(3) Every building north of Bay Street that is on a waterfront lot shall have attractive
front fagade qualities on both the street frontage and the side facing the waterfront. (Ord. 046-
07§2, 2007).
16.20.221 DOD service and loading areas.
Dumpsters, loading platforms, storage areas, and similar functions shall be screened from public
rights of way and adjacent properties by attractive view -obstructing fencing dense
landscaping, or other improvements. Screening shall be at least six (6) feet in height and shall be
complementary to building design and materials. The use of a chain link - slat combination for
fencing is prohibited. On waterfront lots, dumpsters and storage areas shall be located to the
side of the building, and not between the building and the water. Wherever possible, adjoining
property owners are encouraged to designate a common area for dumpsters and storage.
(Ord. 046-07§2, 2007).
16.20.222 DOD covered walkway.
All development within the Central DOD either fronting Bay Street or fronting Sidney Avenue
north of Bay Street shall meet the following additional standard:
(1) Existing City -owned covered walkway. With respect to property where there is an
existing City -owned covered walkway, a property owner who is constructing a new building shall
either replace the existing City -owned covered walkway with an identical structure or propose
an alternative form of weather protection such as a canopy, second floor exterior deck, or
similar protective structure that extends not less than five feet over the sidewalk provided it is
structurally sound and consistent with the design guidelines set forth in these regulations. The
building owner shall be responsible for maintaining and repairing any such alternative structure
in an attractive manner for the life of the building. Vinyl or soft plastic canopies shall not be
allowed. In addition, a performance bond shall be required in an amount to be determined by
the City Engineer so as to assure that the existing City -owned covered walkway on the adjacent
properties is not damaged and the new structure is built as designed and approved.
(2) No existing City -owned covered walkway. With respect to property where there is
no existing City -owned covered walkway, at least fifty percent (50%) of the building frontage on
either the Bay Street or Sidney Avenue side of the building located north of Bay Street shall
include weather protection in the form of a canopy, second floor exterior deck, or similar
protective structure that extends not less than five feet over the sidewalk. The building owner
shall be responsible for maintaining and repairing any such alternative structure in an attractive
manner for the life of the building. Vinyl or soft plastic canopies shall not be allowed. (Ord. 046-
07§2, 2007).
16.20.223 DOD building exteriors and materials.
(1) High quality materials and colors should bring a visually interesting experience
into the streetscape. Color should be carefully considered in relation to the overall design of the
building and surrounding buildings. Variations in materials and colors should be generally limited
to what is required for contrast or to accentuate architectural features. Piecemeal
Exhibit A
Ordinance No. 010-09
Page 95 of 138
embellishments and frequent changes in materials are to be avoided. Building design and
materials should embody the distinctive characteristics of the late nineteenth and early
twentieth centuries.
(2) Exterior building facades should be constructed of high quality and durable
materials such as brick, concrete tinted a subdued or earthen color, sandstone, similar stone
facing material, wood siding or other building materials consistent with this section. Aluminum,
painted metal, wood, and other materials may be used for signs, window and door sashes and
trim, and for similar purposes when compatible with adjacent uses. Materials and colors should
be used with consistency on all sides of a building. Materials which are prohibited on the exterior
facades include beveled metal siding, mirrored glass, and vinyl siding. (Ord. 046-07§2, 2007).
16.20.224 DOD landscaping requirements.
The general landscape standards set forth in POMC Chapter 16.50 shall apply unless a more
restrictive provision is set forth in the DOD specific landscape standards set forth in 16.50.240.
(Ord. 046-07§2, 2007).
16.20.225 DOD pedestrian walkway requirements.
Pedestrian walkways within the Central DOD shall meet the following requirements:
(1) If the subject property is adjacent to a street, it shall provide a pedestrian
walkway that shall be constructed of concrete or unit pavers, a minimum of ten (10) feet in
width as measured from the face of the street curb to the face of the structure, and shall extend
the entire frontage of the property adjacent to a street. If the pedestrian walkway can not be
accommodated within existing public right of way, the difference shall be made up with a
public easement over private property. Buildings may cantilever over the pedestrian walkways
provided the building extension does not overpower the pedestrian space or create a tunnel,
cave or similarly confined spatial effect.
(2) Pedestrian walkways must be visually distinct from parking lot and driveway
surfaces and shall be characterized by concrete or masonry materials. Walkways must be
functionally separate from parking lots and driveways except where the crossings are located.
Plans shall indicate details regarding pedestrian walkway surface treatments, planned
interruptions, widths, course and lighting. (Ord. 046-07§2, 2007).
16.20.226 DOD design review process.
(1) Application. The design and building standards set forth for the DOD chapter
apply to the following activities within the Central DOD:
(a) Developing an undeveloped site;
(b) Constructing or locating a new building on a developed site;
(c) Adding a new floor area to an existing building; or
(d) Changing the exterior appearance of over twenty percent (20%) of a
fagade visible from a public right of way, park, or the water.
(2) Exemptions. The following activities are exempt from the design review and
building standards set forth in this section:
(a) Any activity which does not require a building permit;
(b) Any activity on the exterior of a building for which the total cost or fair
market value, whichever is higher, does not exceed $5,000;
(c) Interior work which does not alter the exterior of the structure; or
(d) Normal building maintenance including the repair or maintenance of
structural members. (Ord.046-07§2, 2007).
16.20.227 DOD pre -application meeting.
Exhibit A
Ordinance No. 010-09
Page 96 of 138
The proponent of a development project subject to design review shall meet with staff and one
member of the Design Review Board (DRB) at a pre -application meeting to identify and review
applicable design guidelines. Staff shall identify the appropriate permit process, provide a list of
application materials, and provide design recommendations based upon applicable standards.
This pre -application meeting shall be part of the overall land use or building pre -application
meeting covering other project related issues. (Ord. 046-07§2, 2007).
16.20.228 DOD application requirements.
Applications for design review shall be submitted to the Planning Department and shall consist of
a completed application on a form prescribed by the Planning Department, the appropriate
fee and the following materials:
(1) Preliminary architectural renderings with elevations and details of architectural
features, but not construction ready documents.
(2) The type and finished color of exterior siding, windows and roofing to be used,
signs and trim to the extent known. The applicant is encouraged but not required to provide
sample colors of all factory finished materials.
(3) Site plan (including landscaping details if required) drawn to scale no smaller
than 1 inch equals 30 feet showing location and size of all structures, buffer areas, yards, open
spaces, common areas or plazas, walkways, and parking areas sufficiently complete to show
comprehensive project design.
(4) Details on how mechanical and utility equipment will be screened.
(5) Color, type, and specification of all fencing materials.
(6) The type, model, color, location, height, wattage, and area of illumination for all
outdoor light fixtures.
(7) The type, model, location, and color of all outdoor furniture, trash receptacles,
accessories, and such other items as the Director of Planning deems necessary for effective
review. (Ord. 046-07§2, 2007).
16.20.229 DOD design review procedure and appeals.
After the applicant has attended a pre -application meeting pursuant to Section 16.20.227 and
submitted a complete design review application pursuant to Section 16.20.228 then the
development project shall be considered in the following manner:
(1) The Planning Director shall schedule a meeting with the applicant and the DRB.
The Planning Department shall send notice of the meeting to property owners within 300 feet of
the subject property. The meeting shall be open to the public and shall consist of a presentation
by the applicant, or his representative, that focuses on how the proposed design meets the
criteria of the applicable design and building standards. The DRB will ask clarifying questions and
take public comment.
(2) The DRB shall review the application materials to determine whether the
proposed development meets the identified standards. The DRB shall provide a written
recommendation to the Director for approval, approval with conditions, or denial.
(3) It is possible that an alternative design or departure from the design standards
may fulfill the intent and objectives of the applicable design standards and this chapter, while
not complying with the requirements of those standards. The DRB may recommend approval or
approval with conditions for an application that proposes an alternative design or departure
from the design standards provided:
(a) The recommendation is approved by three quarters or more of the
appointed members of the DRB;
(b) The alternative design or design departure is consistent with the purposes,
intent, and objectives of the applicable design standards;
Exhibit A
Ordinance No. 010-09
Page 97 of 138
(c) Approval will not constitute a grant of special privilege inconsistent with
the limitation upon uses of properties in the vicinity of the subject property; and
(d) Due to the physical characteristics and/or existing buildings on the site or
on abutting properties, or due to unique characteristics of the site, strict adherence to
the applicable design standards would create an unreasonable hardship for the
applicant or would be unsafe.
(4) The applicant may request additional meetings with Planning staff or the DRB, for
instance, in circumstances where the applicant has subsequently made extensive revision and
desires reconsideration of his request. Should the proposed development be found to have one
or more standards that have not been successfully addressed, the DRB or staff will work with the
applicant to remedy, if possible, the identified circumstances. If it is not possible to come to a
workable solution, the DRB may recommend denial of the proposal.
(5) Once the Planning Director has received the DRB's recommendation, an open
record hearing before the City Council shall be scheduled for the application or both the
application and the underlying permit application.
(6) The DRB's recommendation shall hold substantial weight. Following the public
hearing and consideration of the DRB's recommendation, the City Council shall grant, deny, or
conditionally approve the design features of the proposed development. Any deviation from
the DRB's recommendation shall be documented in the City Council's findings and conclusions.
(7) The City Council's decision shall be a final decision and is appealable to Kitsap
Superior Court. (Ord. 046-07§2, 2007).
16.20.230 DOD duration of approval.
(1) Time limit. Construction on development projects that receive design approval
shall commence within 12 months from the date of design approval, or the City Council's
approval shall be null and void unless the applicant submits a fully completed application for an
extension of time prior to the expiration date. For the purposes of this section the date of
approval shall be the date on which the City Council's minutes, or other method of conveying
the final written decision, are mailed to the applicant. In the event of an appeal, the date of
approval shall be the date on which a final decision is entered by a court of competent
jurisdiction.
(2) Time extension. The applicant may apply for a one time extension of up to one
year by submitting a letter, prior to the date that approval lapses, to the Planning Director along
with any other supplemental documentation which the Director may require, which
demonstrates that circumstances beyond the applicant's control are preventing timely
compliance. In the event of an appeal, the one year extension shall commence from the date
a final decision is entered in favor of such extension. The applicant shall include with the letter of
request such fee as the City may require, if any.
(3) Review of request for extension. The review of a request for an extension shall be
reviewed by the Planning Director as an administrative determination. (Ord. 046-07§2, 2007).
16.20.231 DOD approval runs with the land.
Subject to the time limits set forth in POMC 16.20.230, the design approval for a project shall
remain in force upon a change of ownership of the site, business, or use that was the subject of
the permit application. In the event the new owner desires to change existing design aspects
that are otherwise regulated by applicable design and building standards, then the new owner
must submit a new application for design review and comply with the provisions of this chapter.
(Ord. 046-07§2, 2007).
16.20.400-16.20.713 remain unchanged from Ord. 046-07§2, 2007
Exhibit A
Ordinance No. 010-09
Page 98 of 138
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.
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.
Exhibit A
Ordinance No.010-09
Page 99 of 138
16.30.030 —Table 1
Government /business services land uses
(p=permitted, c=conditional, a=administrative permit required)
a o
c -
_
.O C J
Z O O O
C
E
` c >
m ro v A v T y m
c a c m c U c c U w 7 j.
-moo v v
0
N a u
3 U O M W O U
Government services
GB
RMH
R4.5[R8R12
R20
CO
BP
MU
EO
CF
*
Public agency office
c
p
c
p
p
*
Public agency yard
p
p
*
Public agency archives
p
p
921
Court
p
9221
Police facility
p
9224
Fire facility
p
*
Subregional utility
c
c
cc
c
c
c
c
p
Minor communications facility
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
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
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
p1
pl
p
p
Heavy equipment and truck
*
repair
p
Commercial/industrial accessory
*
uses
p6
p6
p
*
Helipad
c
c
c
p7
Exhibit A
Ordinance No. 010-09
Page 100 of 138
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
Exhibit A
Ordinance No.010-09
Page 101 of 138
16.30.040 —Table 2
General services land uses
(p=permitted, c=conditional, a=administrative permit required)
v
c
_
v v
— c
2 - N
a
E a .`Ni. w u LL
o
— c o
W v
m y ry is N m y A v � n. vi 'c
E m E
u
a w o. m v w w 0 'p J
h V ,S W O. j
V K L K J K K J K J U O M W U
Personal services
GB
RMH
R4.5
R8
R12
R20
CO
BP
MU
EO
CF
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
*
Day care
p
p5
p5
p5
p5
p5
p
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
Misc repair-electrical/electronic
p
P
P
764/9
Misc repair-furniture/welding
c
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 schooll
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 p 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.
Exhibit A
Ordinance No. 010-09
Page 102 of 138
16.30.050 — Table 3
Manufacturing land uses
(p=permitted, c=conditional, a=administrative permit required)
v _ 6
_ c v
9 O O O O
O ul O ri O N '^ vU
E
V W '-I N w I y M
O w
—
E m
M c U c c o`i
v E o c E
v -vo « -vo Y -vo Y -vo Y v n 0
v 0 W C v c:UI C N c:O C 7 cx E O
W 3 U M M G W G U
Manufacturing land uses
GB
RMH
R4.
R8
R12
R20
CO
BP
MU
EO
CIF
5
Food processing and kindred
p2,
p2,
20
products
cl
cl
4
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
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
Guided missile and space vehicle
376
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
c
I 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.
Exhibit A
Ordinance No.010-09
Page 103 of 138
16.30.060 —Table 4
Recreational/cultural land uses
(p=permitted, c=conditional, a=administrative permit required)
v v
N i V U
E U U m M _
0 N h
t Y Y a• a• C _ �.
W — E E lO in
J N
0
0 c
E .4 W v I m
` LL
N C >
N m 76 N 7
N
a c c c c c `E 0,
a m E c E
v _E-2o
a w a U
l7 a ac W U o mJ w o U
Park and recreation
GB
RMH
R4.5
R8
R12
R20
CO
BP
MU
EO
CF
*
Park
c
c
c
c
c
c
c
c
c
p1
*
Trail
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
p
p
c
p
841
Museum
p5
p5
p
p842
Arboretum
c
Mp5P5
Np5
p
pConference
center
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.
Exhibit A
Ordinance No. 010-09
Page 104 of 138
16.30.070 —Table 5
Regional land uses
(p=permitted, c=conditional, a=administrative permit required)
v v
E
O N "
L n Y .E E
Ul C
C C J C J
o -o _
c
E v co .-� No w LL
— o >
m ru m is ; a` N v +'
c c c c c v j.
a v a v v v
m y E L N a u E
(D K O- W K K U O m w 0 U
Regional land uses
GB
RMH
R4.5
R8
R12
R20
CO
BP
MU
EO
CF
*
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
c4
c
c
*
Transit park -and -ride lot
c
c
c
p
*
School bus base
c
c
7941
Stadium/arena
c
7948
Racetrack
c
*
Fairground
c
8422
Zoo/wildlife exhibit
c1
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.
Exhibit A
Ordinance No. 010-09
Page 105 of 138
16.30.080 —Table 6
Residential land uses
(p=permitted, c=conditional, a=administrative permit required)
v v
v v v u u
E u u M m
O O m
s Y
Y - .�.
- C C @ o
C C O C j N
.E
3 O o o c -
U
E v w ti w
O N c
m m m m m u a
c
9 C C C c C UI ,n D j, p
-o v
y -o y -o a a E o.
N ro N N N W O w 3 E w O
U O M w 0 U
Dwelling
units
GB
RMH
R4.5
R8
R12
R20
CO
BP
MU
EO
CIF
*
Single family detached
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
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
a4,5
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
pl
c
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)
Exhibit A
Ordinance No.010-09
Page 106 of 138
16.30.090 —Table 7
Resource land uses
(p=permitted, c=conditional, a=administrative permit
required)
O
v
U
v
V
E
O
V
U
M
a+
M
N
C
L
L
Y
Y
'E
_
0
h
N
0
0
to
O
N
U
C
_
E
m
m
m
m
N
—
T
p
N
C
v
C
v
C
a
C
-moo
C
vE
N
N
�
v
y
c
J
E
v
y
n U
(D
K O-
W
K
K
K
U O
COw
0
Uo
Agriculture
GB
RMH
R4.5
R8
R12
R20
CO
BP
MU
EO
CF
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
Fp2
*
Forest research
p
p2
p2
Fish and wildlife management
921
Hatchery/fish preserve
p1
273
Aquaculture
pi
*
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 accessory uses
*I 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.
Exhibit A
Ordinance No.010-09
Page 107 of 138
16.30.100 —Table 8
Retail land uses
(p=permitted, c=conditional, a=administrative permit required)
v v
v U U
E U U M M
0 0 m
a• a+ C �-
_
L Y Y C C
C E 3 J — C 3 N
m 0
9 O O C -
E a W w LL
— 0 m c >
N
f0 f0 f0 l6 '�, d N C �E
E
v v v v v
v y E v a. E
o E 0
l7 K O. K K K K U m w U
Retail land uses
GB
RMH
R4.5
R8
R12
R20
CO
BP
MU
EO
CIF
5271
Mobile home sales
c
p
*
Building, hardware and garden materials
p
P1
P
*
Forest products sales
c
p
*
Department variety stores
p
p
and
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
*
Drugstores
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
*
Petshop
P
p
6512
Banks and financial services
p
p
c
Petroleum
2911 Petroleum refining c
Note: All applicable requirements of this document, or other applicable state or federal requiremenu, >uau eu*rl ll a use oCaLeu
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.
Exhibit A
Ordinance No. 010-09
Page 108 of 138
16.35.010-16.35.140 Remain Unchanged from Ord 046-07, 2007
16.35.150 Variances.
A variance application shall be made on forms approved by the Planning Department and
presented to the Hearing Examiner. The Hearing Examiner shall, after a public hearing, make a
final decision. Variances shall be granted only in cases where the particular property, because
of special circumstances applicable to the property, is deprived of privileges commonly enjoyed
by other properties in the same vicinity and zone and where the variance will remedy the
disparity in privilege. Before a variance shall be granted, the following requirements shall be met:
(1) The strict enforcement of the provisions of this title creates an unnecessary
hardship to the property owner;
(2) The variance is necessary because of the unique size, shape, topography, or
location of the subject property;
(3) The subject property is deprived, by provisions of this title, of rights and privileges
enjoyed by other properties in the vicinity and under an identical zone;
(4) The need for the variance is not the result of deliberate actions of the applicant
or property owner;
(5) The variance does not create health and safety hazards;
(6) The variance does not relieve an applicant from any of the procedural provisions
of this code;
(7) The variance does not relieve an applicant from any standard or provision that
specifically states that no variance from such standard or provision is permitted;
(8) The variance does not relieve an applicant from conditions established during
prior permit review or from provisions enacted pursuant to a property -specific development
standard;
(9) The variance does not allow establishment of a use that is not otherwise
permitted in the zone in which the proposal is located;
(10) The variance does not allow the creation of lots or densities that exceed the base
residential density for the zone by more than 10 percent;
(1 1) The variance is the minimum necessary to grant relief to the applicant;
(12) The variance from setback or height requirements does not infringe upon or
interfere with easement or covenant rights or responsibilities; and
(13) The variance does not relieve an applicant from any provisions under the critical
areas overlay district except for the required buffer area widths.
16.35.155 Administrative Variances.
(1) An administrative variance application shall be made on forms approved by the
planning department and presented to the Development Director. The Development Director
shall make a final decision whether to grant or deny an administrative variance. Appeals of the
Director's decision are made to the Hearing Examiner in compliance with POMC 16.01.021(3).
(2)Administrative Variances shall be granted only in cases where the particular property,
because of special circumstances applicable to the property, is deprived of privileges
commonly enjoyed by other properties in the some vicinity and zone and where the variance
will remedy the disparity in privilege. In the case of Administrative variances for zoning, an
administrative variance process shall only be used for minor projects as defined below. Whether
a project qualifies as "minor" shall be determined by the Development Director.
(3) Administrative variances shall follow the review procedures set forth in POMC
16.06.035
(4) Minor projects are defined as follows:
(a) Projects that are exempt from review under the State Environmental Policy
Act (SEPA); or
Exhibit A
or
Ordinance No. 010-09
Page 109 of 138
(b) Proposals for less than a 25 percent encroachment in required setbacks;
(c) Proposals of less than a 25 percent increase in impervious surface
coverage.
(5) Administrative Variances shall be granted only in cases where the particular property,
because of special circumstances applicable to the property, is deprived of privileges
commonly enjoyed by other properties in the same vicinity and zone and where the variance
will remedy the disparity in privilege. Before an administrative variance may be granted, each of
the requirements for a variance as set forth in POMC 16.35.150 shall be met.
Exhibit A
Ordinance No. 010-09
Page 110 of 138
Chapter 16.38
HOME BUSINESSES
Sections:
16.38.010 Purpose
16,38.020 Definition — Home Business
16.38.030 Business License Required
16.38.040 Home Businesses — Requirements
16.38.050 Revocation of Home Business License
16.38.010 Purpose
The purpose of the home business regulations is to balance the competing interests
of persons wishing to engage in limited commercial activity within residences with those of
their neighbors in maintaining the residential character of the neighborhood. These
provisions have therefore been enacted to ensure that all commercial activity remains
incidental to the residential use and does not interfere with the residential character of the
neighborhood through noise, traffic, safety hazards, or other public nuisances that may be
generated by the commercial activity. It is the express intent of the City to not create a
commercial atmosphere in its residential zones while allowing small commercial pursuits
suitable for a residential neighborhood.
16.38.020 Definition — Home Business
The term "Home Business" or "Home Businesses" shall include Home (cottage) Industry,
Home Occupation and Home Profession as defined in Chapter 16.08 POMC.
16.38.030 Business License Required
No person shall operate or maintain a Home Business without having a license to do so
issued by the City Treasurer in accordance with the provisions of this chapter and with the
provisions of POMC Chapter 5.12. The specific provisions of this chapter shall control over
any conflicting provisions of POMC Chapter 5.12.
16.38.040 Home Businesses — Requirements
The following standards shall apply to all Home Businesses. An applicant applying for a
business license for a Home Business must demonstrate compliance with all of the following
standards:
(1) Home businesses are permitted in a residential dwelling unit subject to the
provisions of the City's Zoning Ordinance and if all of the following criteria are met:
(a) The home business shall clearly be subordinate to the use of the dwelling
unit for residential purposes. The burden of establishing that the home
business is subordinate to the primary residential use is upon the applicant
for a business license.
(b) The home business shall be owned or conducted by a resident of the
Ordinance No. 010-09
Page I11 of 138
dwelling unit. If the applicant for the business license is a resident but does
not own the dwelling unit, the applicant shall obtain written approval of the
proposed Home Business from the owner. The burden of establishing that
the home business is owned or conducted by a resident of the dwelling unit
is upon the applicant for a business license.
(c) No more than 1 person who is not a resident shall be employed in the home
business without obtaining a administrative conditional use permit.
(d) Each home occupation/cottage conducted within any single dwelling unit,
including accessory structures, shall obtain a separate administrative
conditional use permit when otherwise required by the provisions of this
chapter or the City's Zoning Ordinance.
(e) The residential character of the building shall be maintained and the business
shall be wholly situated indoors. There shall be no exterior display, alteration
of the property, expansion of parking, storage or other exterior indication of
the existence of the home business, except as may be allowed by the
underlying zone or under POMC 15.16.090.
(f) Home businesses shall not involve the use of more than 40 percent or 1,000
square feet, whichever is less, of the combined gross floor area of the
principal residential building, garage, and the living area of any accessory
structure.
(g) A home business shall not include the following uses: commercial instruction
with four or more students, commercial stable, kennel, restaurant, medical
clinic, vehicle detailing, and minor or major vehicle repair.
(h) The home business shall not infringe upon the right of neighboring residents
to enjoy the peaceful occupancy of their homes. No offensive noise,
vibration, smoke, dust, odor, heat, glare or unusual or excessive traffic to
and from the premises shall be produced or generated by the home
business.
(i) There is no use of electrical or mechanical equipment which would change
the fire rating of the structure or which would create visible or audible
interference in radio or television receivers or which would cause fluctuations
in line voltage outside the dwelling.
(j) In order to better insure neighborhood compatibility, the applicant, through
the administrative conditional use permit may be required to install and
maintain landscape screening or similar sight obscuring structures such as
fencing.
(2) Persons engaged in legal home businesses on the effective date of the ordinance
codified in this chapter shall be considered legal, provided the operation is consistent
with all of the above -listed standards. Any home business which was legally
established but does not currently conform to all those standards may not expand or
enlarge and shall be subject to revocation of their business license upon:
(a) Change of use, sale or transfer of the home business, or relocation of the
home business to a new location; or
(b) Written complaint of adjacent or nearby resident which clearly establishes
Exhibit A
Ordinance No. 010-09
Page 112 of 138
that the home business is interfering with the use and enjoyment of the
neighboring premises and is not compatible with the residential environment
in which it is located.
(c) Revocation of a home business license under the provisions of this section
shall conform to the processes and procedures of POMC 16.38.050.
(3) Home business licenses and conditional use permits are not transferable. Any
changes to the home business use, sale or transfer of the home business, or
relocation of the home business to a new location shall be deemed an abandonment
of the license and of any conditional use permit.
(4) The provisions of this chapter shall not apply to the following: Bed and Breakfast
establishments, as defined in defined in Chapter 16.08 POMC; Daycare facilities, as
defined Chapter 16.08 POMC.
(5) Any person violating or failing to comply with any of the provisions of this chapter
and/or with the provisions of POMC Chapter 5.12, as applicable, shall be subject to
the penalty provisions of POMC 5.12.160 and POMC 5.12.170 now or as hereafter
amended.
16.38.050 Revocation of Home Business License
(1) In addition to any other penalties provided in POMC Title 5, or as otherwise
permitted by law, a home business license may be revoked under any of the
following circumstance:
(a) The license or licensee qualifies for revocation or suspension as set forth in
POMC 5.12.120;
(b) The license or licensee fails to comply with any provisions of a conditional
use permit; or
(c) The licensee fails to comply with any provision of this chapter.
(2) If the City receives a complaint from an adjacent or nearby resident that alleges that
the licensee is failing to comply with the provisions of this chapter and/or the
provisions of any applicable conditional use permit, the City staff shall investigate the
complaint and shall give the licensee an opportunity to rebut any claims or
complaints.
(3) Upon determination that there is cause for revocation of a Home Business License by
the City license officer, notice shall be sent to the licensee as set forth in POMC
5.12.120(2).
(4) A licensee is entitled to a hearing on revocation of their Home Business License. A
request for a hearing must be received by the City within 15 days of the licensee's
receipt of the City's notice under paragraph (3). Failure to request a hearing within
15 days shall be deemed a waiver of the licensee's right to a hearing, and shall result
in the decision of the City license officer to revoke the Home Business License being
final.
(5) If a request for hearing is received in accordance with paragraph (4), a hearing on
revocation of a Home Business License shall be handled in the same manner as set
forth in POMC 5.12.120(3)-(6).
16.40.025 Table 9
Densities and Dimensions
(p = permitted, c = conditional)
Exhibit A
Ordinance No. 010-09
Page 113 of 138
Greenbelt including conservation and open space
Residential - 4.5 units/net useable acre
Residential - 8.0 units/net useable acre
Residential - 12.0 units/net useable acre
I I Residential - 20.0 units/net useable acre
I Commercial - retail and office
Business Professional
I I Mixed use district
I Employment -
industrial/offic
e
I I I I I I I I I
I I I I I I I I
Gb R4.5 R8 R12 R20 Co BP Mxd
Densitv (dwellina units/aross useable acres)
I
EO
Co
mm
unity
facili
ties
Cf
Maximum density
10.5
4.5
8.0
12.0
20.0
12.0
12.0
Minimum lot size (10) (13) (14)
1
6000
5445
3630
2178
3630
Setback in feet
Street right-of-way 1 11
30
15
15
15
15
10
1 10
1 10
30 12
15
Side yard
5
5
5
5
5
5
Rear yard 9
10
10
10
10
10
5
Corner lot rear yard
5
5
5
5
5
5
From adjacent residential zoning 2
5
5
5
20
20
From adjacent nonresidential zoning
(2) (3)
5
5
5
5
5
Site coveraae in Dercent of net useable acres
Maximum covered surface (4)
159/
45%
75%
85%
850/
85%
950/.
95%
850/
95%
Landscaped area - softscape (5)
85%
55%
25%
15%
15%
15%
59/
5%
15%
5%
Landscaped area - hardscape (6)
159/0
5%
5%
15%
5%
Buildina het ht in feet
Standard maximum allowed 7
33
33
33
33
33
33 1
33
33
33
33
Within view protection district 8 15
15
15
15
15
15
27
27
27
27
27
Downtown Overlay District - North
27
27
27
27
27
27
27
27
27
27
Side of Bay Street 16 18 21
Downtown Overlay District - South
39
39
39
39
39
39
39
39
39
39
Side of Bay Street 17 18 21
Downtown Overlay District
39
39
39
39
39
39
39
39
39
39
"Gateways"- Bethel Avenue 19 21
Downtown Overlay District
27
27
27
27
27
27
27
27
27
27
"Gateways"- North Side of Bay Street
6 18 21
Downtown Overlay District
39
39
39
39
39
39
39
39
39
39
"Gateways"- South Side of Bay Street
17 18 21
Downtown Overlay District 20 21
27
1 27
27
27
27
27
27
1 27
1 27
27
1 : Measured from the existing edge of a street right-ot-way. Applies to front yards, corner lots, and
through lots.
Exhibit A
Ordinance No. 010-09
Page 114 of 138
2: From side or rear site or property boundary line. May be 0 foot minimum within the mixed use district in
the downtown area as allowed by the Uniform Building Code (IBC).
3: May be zero -lot line if structures meet IBC fire code and emergency access.
4: Useable acreage covered by buildings, roads, parking lots, and other built improvements. Mixed use
developments within the downtown district may achieve 95 percent site coverage. Mixed use outside of
downtown shall be no more than 85 percent site coverage.
5: Softscape may include perimeter buffers, parking lot plantings, and other landscape w/ soil or other
natural surfaces.
6: Hardscape may include patios, plazas, entryways, and other paved or hard surfaced
pedestrian/landscaped areas in lieu of
soffscape.
8: View protection districts are established separately by City Council Resolution. Additional height may
be allowed as a
conditional use. Refer to POMC 16.40,030 and View Protection Overlay District Standards, POMC 16.20.700 -
713.
9: Except as defined in Section 16.40.100,
10: All lot sizes are measured in square feet unless a Planned Residential Development has been approved
by the City Council.
1 1: If required parking is served by an alley, residential street setbacks may be reduced to 10 feet. Ten foot
front yard setback
also applies to residential flag lots measured from the property line closest to the main entrance to the
residence.
12: For every 10 feet of building height over 33 feet, an additional 10 feet of street setback shall be
provided.
13: Plats recorded prior to 1910 as identified in the appendix are exempt from the minimum required lot size.
Instead, minimum lot
Size shall be 5,000 square feet or any single lot of record in separate ownership on August 28, 1972.
14: See Small Lot Development Standards.
15. For purposes of the View Protection Overlay District, building height shall be measured to the mid -line of
the roof from the elevation of the uphill property line.
16. Maximum building height may be increased from 27 feet to 39 feet through Conditional Use Permit
approval.
17. Maximum building height may be increased from 39 feet to 55 feet through Conditional Use Permit
approval.
18. For the purposes of those lots abutting Bay Street within the Downtown Overlay District, building height
shall be measured from the existing Bay Street elevation.
19, Maximum building height may be increased from 39 feet to 55 feet through Conditional Use Permit
approval. Building Height shall be measured from the existing elevation of Bethel Avenue at the parcel's
frontage.
20. Maximum building height may be increased from 27 feet to 39 feet through Conditional Use Permit
approval. Building height shall be measured from the uphill elevation of either the existing or finished grade,
whichever is lower, at the foundation or slab. Average uphill elevation shall be used if not level.
21. Building height shall be measured to the highest point of the structure or any appurtenance of the
structure.
Exhibit A
Ordinance No. 010-09
Page 1 15 of 138
Chapter 16.50
LANDSCAPING STANDARDS
Sections:
16.50.010
Landscape standards.
16.50.020
Application.
16.50.030
Exempt areas.
16.50.032
Landscape materials.
16.50.040
General landscape requirements.
16.50.050
Alternative landscape options.
16.50.060
Irrigation.
16.50.070
Landscape installation, timing.
16.50.080
Urban streetscape/pedestrian boardwalk corridors.
16.50.090
Roadway corridors and street frontages.
16.50.100
Buffers and urban buffers.
16.50.1 10
Walkway and trail corridors.
16.50.120
Greenways.
16.50.130
Street trees.
16.50.140
Buildings and yards.
16.50.150
Screening.
16.50.160
Parking lots.
16.50.180
Significant tree retention.
16.50.190
Significant tree retention plan.
16.50.200
Incentives for retaining significant trees.
16.50.210
Protecting significant trees.
16.50.220
Replacement of significant trees.
16.50.230
Tremont Street Corridor Overlay District landscape standards (TRMT).
16.50.231
TRMT landscape standards - generally.
16.50.232
TRMT landscape as buffering.
16.50.234
TRMT landscape area ratio.
16.50.236
TRMT landscape irrigation.
16.50.237
TRMT landscape maintenance.
16.50.238
TRMT landscape sizes.
16.50.239
TRMT landscape spacing.
16.50.240
Downtown Overlay District (DOD) landscape standards.
16.50.290
Maintenance.
16.50.295
Bonds and security.
16.50.296
Table 10 - Landscape Design Requirements.
16.50.297
Table 11 -Suggested Landscape Materials.
16.50.010 Landscape standards.
(1) The purpose of this chapter is to preserve the aesthetic character of the
community, improve the aesthetic quality of the built environment, promote retention and
protection of existing native vegetation, reduce the impacts of development on storm drainage
systems and natural habitats, and increase privacy for residential zones.
(2) These goals are established through standards which provide visual relief from
large expanses of parking areas and reducing perceived building scale; provide physical
separation between residential and nonresidential areas; provide visual screens and barriers as
a transition between differing land uses; retain existing vegetation and significant trees by
incorporating them into the site design; promote the use of native and drought -tolerant plant
materials; and provide areas of permeable surface to allow for infiltration of surface water into
groundwater resources, reduction in the quantity of stormwater discharge, and improvement in
the quality of stormwater discharge.
Exhibit A
Ordinance No. 010-09
Page 116 of 138
16.50.020 Applicability.
All new development including subdivisions and commercial, except single structure residential
lot developments or short plats, shall be subject to the landscaping and significant tree retention
provisions of this chapter, provided that specific landscaping and tree retention provisions for
uses established through a conditional use permit shall be determined during the applicable
review process. For the purpose of this chapter, a new development is one that requires a
substantial improvement as defined in this code.
16.50.030 Exempt Areas.
Development along both sides of Bay Street from the crosswalk at Harrison Avenue to Orchard
Avenue is exempt from the landscaping requirements of this chapter.
16.50.032 Landscape Materials.
Recommended species/variations of suitable landscape plants are shown in Table 11, POMC
16.50.297, "Suggested Landscape Materials". An applicant may select from the suggested list or
propose other alternative planting materials based on the objectives for the landscape zones
outlined in this chapter. All proposed landscape plantings within these zones shall be reviewed
and approved by the Planning Director or his or her designee.
16.50.040 General Landscape Requirements.
Landscape designs shall conform to the following provisions:
(1) New landscaping materials shall include native or ornamental species that have
adapted to the climatic conditions of the coastal region of the Pacific Northwest. Required
minimums are indicated in Table 10, POMC 16.50.296, "Landscape Design Requirements".
(2) New landscape materials shall include drought -tolerant species, except where
site conditions within the required landscape areas assure adequate moisture for growth.
(3) Existing vegetation may be used to augment new plantings to meet the
standards of this chapter.
(4) Trees shall have a caliper of the dimensions shown in the table, Landscape
Design Requirements, measured 4 feet above ground level at the time of planting. The caliper
may be averaged, but no individual tree shall have a caliper of less than 75 percent of the
requirement.
(5) When the width of any landscape strip is 20 feet or greater, the required trees
shall be staggered in 2 or more rows.
(6) Shrubs shall be at least 1 gallon in size and of the minimum inches in height at the
time of planting shown in Table 10, Landscape Design Requirements.
(7) Groundcovers shall be planted and spaced to result in total coverage of the
required landscape area within the number of years indicated in Table 10, POMC 16.50.296, by
using 4 inch pots at 18 inches on center, or 1 gallon or greater sized containers at 30 inches on
center.
(8) Grass may be used as a ground cover only in urban buffer parking lots or filtered
areas provided that the grass area constitutes no more than 30 percent of such landscape
areas.
(9) Grass and groundcover areas shall contain at least 2 inches of composted
organic material at finish grade. Existing soils shall be augmented with a 2 inch layer of fully
composted organic material rototilled a minimum of 6 inches in depth.
(10) Berms should not exceed a slope of 2 horizontal feet to one vertical foot (2:1),
unless there are extenuating circumstances.
(1 1) Landscape areas shall be covered with 2 to 3 inches of mulch. Mulch shall consist
of materials such as yard waste, sawdust, and/or manure that is fully composted.
(12) Required street landscaping may be placed within Port Orchard street
rights -of -way subject to the Port Orchard Road Design Standards with the permission of the City
Engineer.
Exhibit A
Ordinance No. 010-09
Page 117 of 138
16.50.050 Alternative landscape options.
The following alternative landscape options may be permitted only if they accomplish equal or
better levels of screening and are subject to the review and approval of the Planning Director:
(1) Total required landscape and tree retention area will not exceed 15 percent of
site area.
(2) The width of the perimeter buffer landscape strip may be reduced up to 25
percent along any portion where berms at least 3 feet in height or architectural barriers at least
6 feet in height are incorporated into the landscape design, or the landscape materials are
incorporated elsewhere on -site.
(3) Perimeter landscaping may be reduced up to 25 percent when a development
retains an additional 10 percent of the existing significant trees or 10 significant trees per acre
on -site (above the requirements for tree retention defined within this chapter), whichever is
greater.
(4) The landscaping requirement may be modified when existing conditions on or
adjacent to the site, such as significant topographic differences, vegetation, structures or utilities
would render application of this chapter ineffective or result in scenic view obstruction.
(5) Within the Mixed use district (Mxd) areas subject to a requirement for an urban
streetscape/pedestrian boardwalk design, roadway corridor buffering is waived provided the
applicant complies with the requirements for street trees, pedestrian pavings, furnishings, and
other amenities.
(6) When an existing structure precludes installation of the total amount of required
site perimeter landscaping, such landscaping material shall be incorporated on another portion
of the site.
(7) Creative designs using groupings of trees may be utilized.
16.50.060 Irrigation.
(1) Except for areas of undisturbed existing vegetation or low areas with existing high
soil moisture conditions, landscape areas shall have temporary irrigation systems. Such systems
may be removed after 24 months or 2 growing seasons, whichever occurs first, provided that the
plantings are established.
(2) Areas of undisturbed existing vegetation, or areas where existing site conditions
assure adequate soil moisture for growth within the required landscape area, shall have
temporary irrigation systems only as required to sustain new plantings and shall be determined
on a case -by -case basis by the Planning Director.
(3) Areas of undisturbed existing vegetation, low areas with existing high soil moisture
conditions, or landscape areas consisting of drought -tolerant vegetation may not require
permanent irrigation systems. Permanent irrigation systems may be permitted within all other
required landscape areas, provided such systems shall be designed with:
(a) Moisture or precipitation sensors;
(b) Automatic timers set for operation during periods of minimum evaporation
and that assure adequate moisture levels;
(c) Head -to -head spacing, if sprinkler heads are proposed;
(d) Backflow prevention devices, and
(e) Separate irrigation zones for turf and planting beds, and other non -
drought -tolerant species.
16.50.070 Landscape installation, timing.
Landscaping shall be installed no later than 5 months after issuance of a temporary certificate of
occupancy for the project or project phase. The time limit for compliance may be extended to
allow landscape installation during the next appropriate planting season.
16.50.080 Urban streetscape/pedestrian boardwalk corridors.
(1) Urban streetscape and pedestrian boardwalk corridors are the public
right-of-way spaces to be improved for pedestrian walking, shopping, eating, and similar
Exhibit A
Ordinance No. 010-09
Page 118 of 138
activities in front of retail stores and mixed use structures. The urban streetscape/pedestrian
boardwalk corridors shall be as defined in the design overlay districts in this code.
(2) Urban streetscape/pedestrian boardwalk areas shall be landscaped to provide
and maintain a design theme that may emphasize a selection of street trees, lighting standards,
directional signage, furnishings, pavings, landscape materials, or other major components to be
specified within the design overlay districts.
16.50.090 Roadway corridors and street frontages.
Roadway corridors and street frontages shall be landscaped based on the different pedestrian
and/or vehicle emphasis to be provided in accordance with the following categories of design
and functional treatment. These zones and corridors shall be planted with street trees suitable
for a mixed motor vehicle, bicycle, and pedestrian environment.
(1) Commercial street corridors. These corridors are the public right-of-ways and the
setbacks required within and around roadways and parking lots in the Commercial (Co), Mixed
use (Mxd), Employment (Eo), and Community facilities (Cf) zones. The setback from the street
right-of-way shall be landscaped to provide "see -through vegetation" that functions as a partial
visual separator to soften the appearance of parking areas and building elevations.
(2) Residential street corridors. These corridors are the public right-of-ways and the
setbacks required within and around collector and arterial roadways and parking lots in all
Residential zones (R4.5-R20). These zones shall be landscaped to provide a "filtered screen
vegetation" that functions as a visual separator between the street, parking areas, and
residential activities.
(3) Parkway road corridors. These corridors are the public right-of-ways and the
setbacks required along major roadway entries into the community as defined on
comprehensive plan maps. These parkway road corridors shall be landscaped to provide a
"filtered to view blocking vegetation" using natural materials that provide continuity with
adjacent greenway landscapes.
(4) Sight Distance. All physical obstructions, except utility poles and traffic control signs,
shall be maintained in a manner that provides for adequate sight distances at street intersections as
described below:
a) A sight distance triangle area as described in subparagraph b following shall not contain fencing,
berms, vegetation, on -site vehicle parking areas, signs and other physical obstructions between
36 inches and 8 feet above the existing street grade.
b) The sight distance triangle at:
1. A street intersection shall be determined by measuring 15 feet along both the right-of-
way property lines beginning at their point of intersection. The third side of the triangle
shall be a line connecting the endpoints of the first 2 sides of the triangle; or
2. A site access point shall be determined by measuring 15 feet along the street lines and
15 feet along the edges of the driveway beginning at the respective points of
intersection. The third side of each triangle shall be a line connecting the endpoints of
the first 2 sides of each triangle; and
3. Any intersection where the posted speed limit exceeds 25 mph, the site distance
triangle shall be determined by the table below or the City Engineer.
Minimum Distance for Sight
Posted Speed Limit Design Speed from Center of Intersection
25 30 200'
30
35
250'
35
40
325'
40
45
400'
45
50
475'
Exhibit A
Ordinance No. 010-09
Page 119 of 138
50 55 550'
55 60 650'
The City Engineer may require further restrictions.
c) If a property owner receives written notice from the city that there is a violation of the above
requirements and does not comply to the written notice within the specified time, then such
property owner shall be guilty of a civil penalty. In addition to this, the city engineer or his/her
designee may prune the trees or take other appropriate action, charge the owner for the cost of
the work, record the charges as a lien against the property and collect this amount in a civil
action against the property owner. The city shall be entitled to recover its costs and attorney's
fees in such action.
16.50.100 Buffers and urban buffers.
(1) Perimeter landscaping along interior lot lines and between zones shall be as
provided within Table 10, Landscape Design Requirements. Perimeter landscaping may be
modified where appropriate by the Planning Director to account for above -ground sub -regional
utility developments and distribution or transmission corridors or other utilities and infrastructure.
(2) Urban buffers shall be landscaped based on the extent to which the activity is to
be screened from adjacent uses in accordance with the categories identified below. However,
common standards applied to all buffer areas include:
(a) Within the landscape buffer areas about the property, particularly along
secondary access roads and around parking lots that do not abut the public pedestrian
walkway or trail corridors - site plantings should be grouped to simulate natural stands
and should not be planted symmetrically or of even spacing.
(b) Landscape designs should reflect natural planting materials and settings
that are representative of the local and regional landscape.
(c) Where practical and feasible, buffer areas should retain existing larger
trees and vegetation to maintain continuity with adjacent greenways and natural areas.
(d) Within higher density residential developments, buffer or open spaces
may be grouped into common open space areas that define building placements,
provide visual accents, preserve landscape or landform features, or house common
activity areas.
(3) Urban buffers with filtered screening. Urban buffers to be filter screened are the
perimeter landscape areas provided between nonresidential land uses within the Commercial
(Co), Mixed use (Mxd), Employment (Eo), and Community facilities (Cf) zones. These buffers shall
function as a visual separator between uses within these zones. The plant materials and design
may mix evergreen and deciduous trees and shrubs to create a filtered screen effect.
(4) Urban buffers with full screening. Urban buffers to be fully screened are the
perimeter landscape areas provided between residential and nonresidential zones. These
buffers shall function as a visual barrier to obscure views of incompatible activities and
improvements. The plant materials and design may include a mix of primarily evergreen trees
and shrubs to form an effective full screen effect.
16.50.110 Walkway and trail corridors.
Landscaping along the public walkway or trail corridor may utilize the street trees and plant
materials palette selected for the public walkway or trail corridor. Improvements within the
adjoining private spaces, such as outdoor eating areas, plazas, and the like, should incorporate
or continue the same plantings in order to enhance the definition of the corridor.
16.50.120 Greenways.
Greenways shall be maintained, enhanced, and replanted where appropriate, based on the
type of habitat to be conserved in accordance with the following categories:
(1) Greenways of upland habitat.
Exhibit A
Ordinance No. 010-09
Page 120 of 138
(a) Upland greenways are the sensitive environmental areas located on
steep, eroding, or geologically hazardous slopes as defined within this code and within
the comprehensive plan.
(b) The landscape within this zone shall be maintained or enhanced with
native materials that provide habitat and cover for upland wildlife species.
(2) Greenways of wetland and stream habitat.
(a) Wetland greenways are the sensitive environmental areas located on
impermeable or slowly draining soils, wetlands and other freshwater bodies, and the
required buffer areas adjacent to wetlands and streams as defined within this code and
within the comprehensive plan.
(b) The landscape within this zone shall be maintained or enhanced with
native materials that provide habitat and cover for wetland wildlife species.
(3) Shorelines.
(a) Shorelines are the sensitive environmental areas and buffer zones located
along the fresh and saltwater shores and banks as defined within this code and within
the comprehensive plan.
(b) The landscape within this zone shall be maintained or enhanced with
native materials that provide habitat for marine and estuarine wildlife species.
16.50.130 Street trees.
(1) Street trees shall be planted along roadways and street frontages as indicated
within the accompanying Table 10 on landscape design requirements. Tree spacing shall
consider the mature height and spread of the tree species.
(2) Street tree species, where not designated in accordance with a design overlay
district's requirements, may be selected from the suggested landscape materials list, Table 11,
and shall be subject to the review and approval of the Planning Director.
(3) The trees may be located within the street right-of-way subject to the review and
approval of the City Engineer and accounting for any possible future street widening or
improvements.
(4) Street trees within the public right-of-way shall be maintained according to the
standards established by the Planning Director.
(5) Street trees may be spaced at irregular intervals where necessary to
accommodate sight distance requirements for driveways, intersections, street lights, and
signage.
16.50.140 Buildings and yards.
(1) The landscape design should highlight and focus views of the building frontages
and entries, particularly retail window displays, pedestrian areas, and amenities. The design
should create a special or individual character of the private portions of each property and
building.
(2) Vines may be planted on buildings, fences, walls and other blank surfaces,
particularly structures faced with brick and masonry or that are enhanced with trellis overhangs.
(3) Moveable planters with seasonal plantings should be placed at building entries,
particularly within alcoves and inner courtyards.
(4) All plantings, particularly ornamentals, should be provided irrigation or other
watering methods to ensure plant survival.
16.50.150 Screening.
Landscape, fence or other improvements should be erected to visually screen refuse, storage,
loading docks, and other areas that are not to be accessible or viewed from public walkways,
corridors, and roadways. Latches and other devices should be used to secure refuse and
storage areas from animals and children.
Exhibit A
Ordinance No. 010-09
Page 121 of 138
16.50.160 Parking Lots.
(1) Landscaping within parking lots that are shared or used in common by residential
developments, and within all nonresidential parking areas and lots, shall be as provided within
the accompanying table, Landscape Design Requirements.
(2) The maximum distance between any parking stall and required parking area
landscaping shall be no more than every 13 stalls.
(3) Permanent curbs or structural barriers shall be provided to protect the plantings
from vehicle overhang.
(4) Urban parking areas shall be landscaped to provide shade and visual relief while
maintaining clear sight lines within parking and access areas. Shrubs will not exceed a height of
3 feet around parking lot entries, access aisles, and other vehicle maneuvering areas in order
not to visually block views among vehicles and pedestrians.
(5) The plant materials and landscape design may mix evergreen and deciduous
trees to create a continuous canopy.
(6) Plantings may be contained in planting islands or strips having an area of at least
75 square feet with a narrow dimension of not less than 4 feet that is unobstructed by vehicle
overhang.
(7) Shade trees and ground covers should be installed in parking medians and/or
landscape set -asides in parking areas and lots to soften the visual impact, reduce glare, and
provide visual interest.
16.50.180 Significant tree retention.
Significant trees should be retained in all zones as follows:
(1) Removal of any significant tree with a DBH (diameter at breast height) of 36
inches or greater shall require City Council approval upon the following standards:
(a) The proposed use cannot reasonably accommodate the retention of the
significant tree; and
(b) The significant tree shall be replaced in accordance with POMC
16.50.220, below.
(c) All significant trees located within any required buffer area or required
landscape planting area should be retained to the extent practical and feasible.
(d) Tree retention adjacent to critical areas is desirable.
(e) Utility developments including roadways may be exempt from the
significant tree retention requirements of this chapter.
(f) If significant trees were previously located in a closed, forested situation,
an adequate buffer of smaller trees shall be retained or replaced on the fringe of such
significant trees.
(g) A grouping of 3 or more existing healthy trees with canopies that touch or
overlap, may be substituted for each required significant tree, provided each tree has a
diameter of at least three (3) inches when measured 4 feet above grade.
(2) Except as provided in subsection "(3)" following, significant trees to be retained
shall not include significant trees that are identified by a licensed arborist as damaged or
diseased as; or a safety hazards due to potential root, trunk or primary limb failure, or exposure of
mature trees which have grown in a closed, forested situation.
(3) At the discretion of the Planning Director, damaged or diseased or standing
dead trees may be retained and counted toward the significant tree requirement if
demonstrated that such a tree will provide important wildlife habitat and is not classified as a
danger tree.
16.50.190 Significant tree retention plan.
The applicant shall submit a tree retention plan concurrent with a grading permit, building
permit or preliminary subdivision application, whichever is reviewed and approved first. The tree
retention plan shall consist of:
Exhibit A
Ordinance No. 010-09
Page 122 of 138
(1) Tree survey that identifies the location, size, and species of individual significant
trees or the perimeter of stands of trees on a site. For forested sites, the tree survey may use a
standard timber cruising method to reflect general locations, numbers, and groupings of
significant trees. For detailed site plans and grading applications, the tree survey may be
conducted by a method that locates individual significant trees near edges of tree protection
areas.
(2) The tree retention plan identifying the significant trees that are proposed to be
retained should show the locations of tree protection fence that protects the critical root zones
of the trees.
16.50.200 Incentives for retaining significant trees.
Each significant tree that is located outside of the area for perimeter buffer landscaping and is
retained may be credited in a ratio up to 2 trees for complying with the retention requirements
of this chapter.
16.50.210 Protecting significant trees.
To provide the best protection for significant trees:
(1) No clearing shall be allowed on a site until approval of tree retention and
landscape plans.
(2) The root protection zone is equal to V radius for every 1" of tree DBH unless
individual tree evaluation by a certified arborist recommends modification to the guidelines. It
shall be identified prior to construction with a temporary 5 foot high chain -link or orange mesh
fence.
(3) No impervious surfaces, fill, excavation, or storage of construction materials shall
be permitted within the root protection zone.
(4) Alternative protection methods may be used if determined by the Planning
Director to provide equal or greater tree protection.
16.50.220 Replacement of significant trees.
When the required number of significant trees cannot be retained, significant trees that are
removed shall be replaced with:
(1) New trees measuring 2.5 inch caliper and 6 feet in height, at a replacement rate
of 3 trees for each significant tree removed.
(2) If the site does not allow for planting all replacement trees, trees can be planted
on another site approved by the Planning Director.
16.50.230 Tremont Street Corridor Overlay District landscape standards (TRMT).
The general landscape standards set forth in POMC Chapter 16.50 shall apply unless a more
restrictive provision is set forth in the TRMT specific landscape standards set forth in POMC
16.50.231-16.50.239.
16.50.231 TRMT landscape standards - generally.
The following guidelines are to be addressed in all landscape plans in the Tremont Overlay.
(1) Significant trees shall be preserved where possible (some may be moved and
transplanted). Removal of any significant tree requires pre -approval from the Planning
Director.
(2) Emphasize use of varieties which require low maintenance and drought tolerant
species in public and commercial areas and in large landscape areas.
(3) A minimum of 25 % of the site shall be landscaped. Required landscaping within
parking areas may not be counted as contributing to this requirement. However, landscaping
for and within setback areas may be counted toward meeting the 25% requirement. A
minimum 5 foot landscaped area shall be installed around all parking lots.
Exhibit A
Ordinance No. 010-09
Page 123 of 138
16.50.232 TRMT landscape as buffering.
(1) Buffering between non -compatible land uses is considered critical in maintaining
the existing character of Tremont Street. The following standards are to be used in designing a
landscape buffer:
(a) Landscape buffers, in conjunction with decorative fencing, is the
preferred method to screen adjacent land uses.
(b) Evergreen trees having minimum size of 15 gallons shall be planted and
staked at least 20 feet on center, depending upon the species, or clustered in equal
amounts to screen parking or architecture.
(c) A six-foot high wall may be placed on or just inside the property line. A
ten foot landscape strip area will be provided on the inside of the wall. The wall should
be lowered to three feet within the front setback area.
16.50.234 TRMT landscape area ratio.
A minimum of one 15 gallon size tree (25 feet or higher at maturity) for every 625 square feet of
landscaping, and one shrub or vine for every 50 square feet of landscaping are required; at
least 25% of shrubs shall be of a flowering variety.
16.50.236 TRMT landscape irrigation.
Automatic sprinkler or drip irrigation systems for all commercial or multifamily projects shall be
provided.
16.50.237 TRMT landscape maintenance.
All plantings shall be kept healthy and growing with all planting areas free of weeds and
debris. Each project will have a bond recorded insuring planting materials will be well
maintained; such bond shall remain in place for one year after project completion.
16.50.238 TRMT landscape sizes.
(1) Trees shall be a minimum of 1 gallon size and be at least 8 feet at time of
planting. Shrubs shall be a minimum of I gallon size at time of planting. All deciduous trees shall
be double staked and properly fertilized upon planting. Give consideration for rapidly growing
trees.
(2) The ground cover shall be healthy, densely foliated, and consist of one gallon
container plants. Herbaceous and flat ground covers shall be planted no more than 12 inches
on center. Woody shrub groundcover shall be planted no more than 4 feet on center (e.g.
evergreens, junipers).
16.50.239 TRMT landscape spacing.
Spacing of trees and shrubs shall be appropriate for each individual specie and growing
characteristics. Plant materials shall conform to the following spacing standards:
(1) A minimum of 25 feet from the property corner at a street intersection to the
center of the first tree or large shrubs. Shrubs less than 3 feet in height are allowed within this
clear site triangle.
(2) A minimum of 15 feet between center of trees or large shrubs and fire hydrants.
(3) A minimum of 10 feet between center of trees or large shrubs and edge of
driveway.
16.50.240 Downtown Overlay District landscape standards (DOD).
The general landscape standards set forth in POMC Chapter 16.50 shall apply to all
development in the DOD unless a more restrictive provision is set forth in this section, and then
this section shall control.
(1) New development and existing uses along both sides of Bay Street between Bank
Street and Seattle Avenue shall be exempt from the landscaping requirements of the Zoning
Ordinance and these regulations.
Exhibit A
Ordinance No. 010-09
Page 124 of 138
(2) New development that is adjacent to the water shall provide landscaping on the
waterside fagade as well as on the street frontage.
(3) New development on waterfront lots that abut the north side of Bay Street
between Bank Street and Seattle Avenue shall provide landscaping on the waterside faqade
only.
(4) For buildings which include residential uses on the upper floors, up to 25% of the
landscaping requirements may be fulfilled by providing rooftop gardens and upper floor
terraces and decks. Rooftop gardens, terraces, and decks shall not count against the seventy-
five percent (75%) gross floor area limitation described in POMC 16.20.219.
16.50.290 Maintenance.
(1) All landscape materials and significant trees, in all zones and/or overlay districts,
except within critical areas or buffers, shall be maintained in a healthy growing condition.
(2) With the exception of dead, diseased or damaged trees specifically retained to
provide wildlife habitat; other dead, diseased, damaged or stolen plantings shall be replaced
on a 1 for 1 basis within 5 months or during the next planting season if the loss does not occur in a
planting season.
(3) Landscape areas shall be kept free of trash.
16.50.295 Bonds and security.
Performance bonds or other appropriate security (including letters of credit and set aside letters)
equal to 125% of the estimated value of the plants and installation costs shall be required for a
period of 2 years after the planting or transplanting of vegetation to insure proper installation,
establishment, and maintenance.
Exhibit A
Ordinance No. 010-09
Page 125 of 138
16.50.296 - Table 10
Landscape Design Requirements: see Table 11 for alternatives
Urban streetscapes/pedestrian boardwalks
Roadway corridors - commercial development
I Roadway corridors - residential development
I Roadway corridors - parkways
I I I Urban buffers - urban parking lots
I I Urban buffers - filtered screening
I Urbanbuffers-fullscreening
I I Greenways - uplands
I Greenways-
wetlands
I I I I I I I I I
I Shorelines
I I I I I I I I I I
Planting materials
Large deciduous trees
X
X
X
X
X
Medium deciduous trees
X
X
X
X
X
X
X
Small deciduous trees
X
X
X
X
X
X
Conifers/broadleaf trees
X
X
X
X
X
X
X
X
Deciduous shrubs
X
X
X
X
X
X
X
X
Evergreen shrubs
X
X
X
X
X
X
X
X
X
X
Groundcovers
X
X
X
X
X
X
X
X
X
X
Plantinq mix - approximate
Percent in deciduous trees
100%
1007.
50%
30%
70%
50%
30%
30%
70%
70%
Percent in evergreen trees
0%
0%
50%
70%
30%
50%
70%
70%
30%
30%
Plant spacina - feet on center
Trees
25
40
40
30
30
30
15
30
30
40
Shrubs
1
5
5
4
4
4
4
Plant scale of time of plantIn
Trees - minimum height in feet
10
10
8
8
10
8
8
8
8
8
Trees -minimum caliper in
3.0
3.0
2.5
2.5
3.0
2.5
2.5
2.5
2.5
2.5
inches
Shrubs - minimum height in
18
18
18
18
18
18
18
18
18
18
inches
Groundcover-years to full
2
2
3
3
2
3
3
3
3
3
coverage
Buffer - depth in feet (subordinate to bulldinq setbacks)
Street frontage
10
10
20
1
1
1
1 25
25
25
Interior lot line
1 5
1 5
1 10
1 25
25
25
Species suggestions - percent of mix
Native ground cover and shrubs
75%
75%
75%
75%
75%
75%
75%
100%
100%
100%
Native trees
50%
50%
50%
50%
50%
50%
50%
100%
100%
100%
Drought tolerant
60%
1 60%
60%
60%
60%
60%
60%
100%
100%
100%
Exhibit A
Ordinance No. 010-09
Page 126 of 138
16.50.297 - Table 11
Suggested landscape materials
Urban streetscapes/pedestrian boardwalks
I Roadway corridors/street frontage
Parking lot trees
II Urban Buffer areas
I Greenways-uplands
I Greenways - wetlands/streams
I Shorelines
I I I Native Materials
Drought tolerant
Larne deciduous trees
Acer macro h Ilum
Bi leaf Maple
X
X
X
Acer rubrum species
Red Maple variety
X
X
X
X
X
Acer sacchorum
Sugar Maple
X
X
Acer truncatum X
atanoide
Pacific Sunset Maple
X
X
Acer platanoides species
Norway Maple variety
X
X
X
X
X
Alnus rebra
Red Alder
X
X
X
X
Carpinus betulus
Fastigiata'
Columnar European
Hornbeam
X
X
Fa us s Ivatica
European Beech
X
X
X
Fraxinus latifolia
Oregon Ash
X
X
X
Fraxinus oxycarpa
'Ra ood'
Raywood Ash
X
X
Gingko Bilbao 'Sentry'
Columnar Maidenhair
X
X
Liquidambar styracifluo
American Sweetgum
X
X
X
X
X
X
Liriodendron tulipifera
Tulip tree
X
Magnolia grandiflora 'St.
Mary'
Evergreen Magnolia
X
X
Platanus x acerifolia
London Plane
X
Quercus species
Oak varietyX
X
X
X
X
Quercus robur
'Fasti iota'
Upright English Oak
X
X
X
X
Quercus rubra
Northern Red Oak
X
X
X
X
X
Solix species
Willow variety
X
X
X
Tillia americana
'Redmond'
Redmond Linden
X
X
Tillia cordata
Littleleaf Linden
X
X
X
X
X
Tillia cordata
'Greens ire'
Greenspire Linden
X
X
Medium rieridunus frees
Acer cam estre
Hedge Maple
X
X
Betula species
Birch variety
X
Carpinus betulus
European Hornbeam
X
X
X
X
X
X
Cercidiphyllum
japonicum
Katsura Tree
X
Corpus nuttallii
Pacific Dogwood
X
X
X
Cratowgus laevigato
English Hawthron
X
X
Cratea uslavollei
Lavalle Hawthorn
X
X
Fraxinus pennsylvanica
Marshall's Seedless Ash
X
X
X
X
X
Populus tremuloides
Quaking Aspen
I
I
I
I
I
F X
X
Exhibit A
Ordinance No. 010-09
Page 127 of 138
Urban streetscapes/pedestrian boardwalks
Roadway corridors/street frontage
Parking lot trees
Urban Buffer areas
I I Greenways-uplands
I I Greenways- wetlands/streams
I I I Shorelines
I Native
Materials
I I Drought
tolerant
Medium deciduous trees, cont.'d.
Prunus species
Flowering Cherry
X
X
X
X
X
variety
Prunus sargentii
Sargent Flowering
X
X
Cherry
Prunus sargentii
Columnar Sargent
X
X
'Columnaris'
Flowering Cherry
Prunus serrulata
Kwanzan Flowering
X
X
Kwanzan'
Cherry
Pyrus calleryana
Flowering Pear
X
X
X
X
X
species
variety
Zelkova serrata
Sawleaf Zelkova
X
X
X
X
'Village Green'
Small deciduous trees
Acer circinatum
Vine Maple
X
X
X
X
Acer davidii
David Maple
X
Acer ginnala
Amur Maple
X
X
X
Acer polmaturn
Japanese Maple
X
Amelanchier species
Serviceberry variety
X
X
X
X
Car inus species
Hornbeam variety
X
X
X
X
X
Cornus Florida
FloweringDogwood
X
rx
Corpus kousa
Kouso Dogwood
X
X
Corylus cornuta
californica
Western Hazelnut
X
X
X
X
Crotae us species
Hawthorn varietyX
X
X
X
Magnolia species
Magnolia variety
X
X
X
X
X
Malus species
Flowering Crabapple
X
Prunus species
Flowering Cherry/Plum
X
X
X
X
X
St rax'a onica
Japanese Snowball
X
Exhibit A
Ordinance No. 010-09
Page 128 of 138
16.50.297 - Table 11
Suggested landscape materials
Urban streetscapes/pedestrian boardwalks
Roadway corridors/street frontage
Parking lot trees
I Urban Buffer areas
I Greenways-uplands
Greenways - wetlands/streams
Shorelines
I I Native Materials
I I I Drought
tolerant
I I I I I I I I I
Conifers/broadleaf everareen trees
Abies grandis
Grand Fir
X
X
X
Abrutus unedo
Strawberry Tree
X
X
X
Cedrus deodara
Deodar Cedar
X
X
X
Chamaecyparis
lawsoniana
Port Orford Cedar
X
X
X
X
X
Chamaecyparis
nootkatensis
Alaska Cedar
X
X
X
X
X
Colodecrus
decurrens
Incense Cedar
X
Photinia serrulata
Chinses Photinia
X
X
X
Picea sitchensis
Sitka Spruce
X
X
X
X
Pinus contorta
Shore Pine
X
X
X
X
X
X
Pinus contorta
latifolia
Lodgepole Pine
X
X
X
Pinus densiflora
Japanese Red Pine
X
X
Pinus monticola
Western White Pine
X
X
X
X
Pinus ni ra
Austrian Black Pine
X
X
X
X
Pinus ponderoso
Ponderosa Pine
X
X
Pinus s Ivestris
Scotch Pine
X
X
X
X
Pinus thunber ii
Japanese Black Pine
X
X
X
Pseudotsuga
menziesii
Douglas Fir
X
X
X
X
X
Sequoidendron
sem ervirens
Costal Sequoia
X
X
Taxus brevifolia
Western Yew
X
X
X
X
Thujo plicata
Western Red Cedar
X
X
X
Tsu a hetero h Ila
Western Hemlock
X
X
X
X
Tsu a mertensiana
Mountain Hemlock
X
Umbellularia
californica
California Bay Laurel
X
X
X
X
Deciduous shrubs
Amelanchier alnifolia
Western Serviceberry
X
X
X
X
1 x-
Berberis species
Barberry variety
X
X
Callicarpa japonica
Japanese
Beautyberry
X
Cornus stolonifera
Red -Osier Dogwood
X
X
X
X
X
Enkianthus
cam anulatus
Red -Veined
Enkianthus
X
Exhibit A
Ordinance No. 010-09
Page 129 of 138
16.50.297 - Table 11
Suggested landscape materials
Urban streetscapes/pedestrian boardwalks
Roadway corridors/street frontage
Parking lot trees
Urban Buffer areas
Greenways- uplands
Greenways- wetlands/streams
I I Shorelines
I I I I Native Materials
I Drought
tolerant
I I I I I I I I I
Deciduous shrubs. cont.'d.
Elae nus species
Elae nus variety
X
X
X
X
Euonymus alata
Com acta'
Winged Eunymus
X
X
Hamomelis mollis
Chinese Witch Hazel
X
Holodiscus discolor
Ocean Spray
X
X
X
X
X
Hydrangea
lacecap varieties
Lacecap Hydrangea
X
Potentilla fruticosa
Potentilla
X
X
X
Physocarpus
ca itatus
Pacific Ninebark
X
X
Rhamnus
urshiona
Cascara Sagrado
X
X
X
Rhus typhina
Sta horn Sumac
X
X
X
X
Ribes sap uineum
Red -flowering Currant
X
X
X
Rosa nutkana
Nootka Rose
X
X
X
X
Rosa ru osa
Ru osa Rose
X
X
X
Rubus parviflorus
Thimbelberry
X
X
X
X
Rubus s ectabilis
Salmonberry
X
X
X
X
X
Salix species
Willow variety
X
X
X
Sambucus
racemoso
Red Elderberry
X
X
X
X
S iraea species
S iraea variety
X
X
X
X
Symphoricarpos
albus
Snowberry
X
X
X
Syringa vulgaris
cultivars
Lilacs
X
X
Voccinium
arvifolium
Red Huckelberry
X
X
Viburnum x
burkwoodii
Burkwood Viburnum
X
X
Evergreen shrubs
Arbutus unedo
Compact Strawberry
X
X
X
com acta
Tree
Corpus alba
Siberian Dogwood
X
'Sibirica'
Cotoneaster
Cotoneaster variety
X
X
X
species
Ilex crenata
Japanese Holly
X
Kalmia latifolia
Mountain Laurel
X
Ligustrum
Japanese Privet
X
a onicum
16.50.297 - Table 11
Suggested landscape materials
Exhibit A
Ordinance No. 010-09
Page 130 of 138
Urban streetscapes/pedestrian boardwalks
Roadway corridors/street frontage
I Parking lot trees
Urban Buffer areas
I Greenways - uplands
I Greenways- wetlands/streams
I Shorelines
I I Native Materials
Drought
tolerant
I
Evergreen shrubs. cont.'d.
Myrica colifornica
Pacific Wax Myrtle
X
X
X
X
X
X
Osmarea x
burkwoodii
Burkwood Osmarea
X
X
Osmanthus
delava i
Delavay Osmanthus
X
X
X
Photinia frazeri
Japanese Photinia
X
X
X
Pieris floribunda
Mountain Pieris
X
X
Pieris 'a onica
Japanese Pieris
X
X
Prunus lusitanica
Portu ese Laurel
X
X
Pinus Mugo
Mu ho Pine
X
X
X
Rhododendron
species
Rhododendron and
Azaleas
X
X
X
X
Vaccinium
ovatum
Evergreen Huckleberry
X
X
X
X
X
Groundcovers
Arctostophylos
Kinnikinnick
X
X
X
X
X
uva-ursi
Berberis nervosa
Cascade Mahonia
X
X
X
X
Calluna vul aril
Scotch Heather
X
X
Ceenothus
Point Reyes
X
X
X
oriosus
Ceanothus
Cotoneaster
Rockspray
X
X
X
micro h Ilus
Cotoneaster
Erica carnea
Winter Heath
X
Erica x darleyensis
Mediterranean
X
Heather
Euonymus fortuei
Winter Creeper
X
rX
Euon mus
Gaultheria shollon
Salal
X
X
X
X
X
Hypericum
St. Johnswort
X
cal cinum
Ilex crenoto
Japanese Holly
X
varieties &
cultivors
Mahonia species
Mahonia variety
X
X
Pachysandra
Japanese Spurge
X
X
terminalis
Sarcococca
Sarcococca
X
hookerana
Vinca minor
Periwinkle
X
X
X
Note - medium street trees are recommended for planted medians only w/o tree
grates. Source: Hough, Beck & Baird as modified by Galen Wright, Washington
Forestry Consultants, Inc.
Exhibit A
Ordinance No. 010-09
Page 131 of 138
Chapter 16.72
SUBDIVISIONS
Sections:
16.72.010
Purpose.
16.72.020
Jurisdiction.
16.72.030
Conflicting provisions.
16.72.060
Applicability.
16.72.070
Exemptions.
16.72.080
Concomitant agreement.
16.72,090
Administration.
16.72.095
Impact fees
16.72.100
Short subdivision - application.
16.72.110
Short subdivision - recording of final plat.
16.72.120
Short subdivision - auditor.
16.72.130
Short subdivision - re -subdivision requirements.
16.72.140
Preliminary plat - application.
16.72.150
Preliminary plat - property owners list.
16.72.160
Preliminary plat - filing fee.
16.72.170
Preliminary plat - file number.
16.72.180
Preliminary plat - staff report.
16.72.190
Preliminary plat - Hearing Examiner public hearing.
16.72.200
Preliminary plat - Hearing Examiner decision and appeals.
16.72.210
Final plat - application - bond in lieu of construction.
16.72.220
Final plat - signing and recording.
16.72.230
Final plat - written approval of subdivision - recording.
16.72.240
Time limit.
16.72.250
Right of way vacation procedures.
16.72.260
Violations - penalty.
16.72.010 Purpose.
The purpose of this chapter is to regulate the subdivision of land within the City limits of Port
Orchard and to require accurate legal descriptions and uniform monumenting of subdivisions.
The controls, standards and procedures set forth in this chapter shall serve to minimize any
expected negative impact of the proposed property use and has as its purpose the
improvement of the area for public good. The City Council of the City of Port Orchard deems
these regulations to be essential to the protection of the public health, safety and general
welfare, and the adoption thereof to be in the public interest.
16.72.020 Jurisdiction.
These subdivision regulations shall apply to all subdivision of land within the corporate limits of the
City of Port Orchard. The provisions and standards contained in this chapter shall be deemed to
be minimum standards with which compliance is essential to the permitted uses, and shall not
be construed as limiting the legislative discretion of the City Council or the discretion of the
Hearing Examiner or staff as applicable, to further restrict the permissive uses or to withhold or
revoke permits for uses where, notwithstanding the existence of the minimum standards herein
set forth, the promotion or protection of the public health, safety and welfare bears a substantial
relation to such withholding, denial or revocation of permits or uses.
Exhibit A
Ordinance No. 010-09
Page 132 of 138
16.72.030 Conflicting provisions.
It is not intended by this chapter to interfere with or abrogate or annul any easements,
covenants, or other agreements between parties. Where this chapter imposes a greater
restriction upon the use of buildings, or land or requires larger spaces than is imposed or required
by other resolutions, rules, or regulations or by easements, covenants, or other agreements, the
provisions of this chapter shall govern.
16.72.060 Applicability.
Whenever any subdivision of land is proposed, before any contract is made for the sale of any
part thereof, and before any permit for the erection of a structure in such proposed subdivision
shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure
approval of such proposed subdivision in accordance with standards and procedures as set
forth in this chapter. Every subdivision of land within the corporate limits of the City of Port
Orchard shall proceed in compliance with this chapter.
16.72.070 Exemptions.
The provisions of this chapter shall not apply to the following:
(1) Any cemetery or burial plot, which is used for that purpose;
(2) Any division of land not containing a dedication, in which the smallest lot created
by the division exceeds 1 /128 of a section of land or five acres;
(3) Any division of land made by testamentary provision, the law of descent, or upon
court order;
(4) Mobile home parks;
(5) A division 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 to meet minimum requirements for width and area for a building site.
16.72.080 Concomitant agreement.
Any application for a subdivision of any property may be subject to the signing of a
concomitant agreement as a condition to the granting of the subdivision. The agreement shall
serve to minimize the expected negative impact of the proposed subdivision and has as its
purpose the improvement of the area for public good. The agreement shall include any
condition of approval the City finds necessary to protect the public health, safety or general
welfare. Wherever such a concomitant agreement is signed, it shall be filed and recorded with
the office of the Kitsap County auditor and officially entered as a covenant upon the land. The
applicant may be required to pay the cost of the preparation of the agreement.
16.72.090 Administration.
The Development Director or designee is vested with the duty of administering subdivision and
platting regulations within the corporate areas of the City and may prepare and require the use
of such forms as are essential to their administration.
16.72.095 Impact fees
Impact fees adopted by City Council resolution shall be applicable to both short subdivisions
and subdivisions pursuant to POMC 16,72.140-16.72.240, and shall be paid at time of final plat
approval prior to recordation and the fees placed into a separate account for use for said
agreed purposes. Impact fees may include but is not limited to Park fees, stormwater fees,
school impact fees and transportation fees as determined by the City Council,
16.72.100 Short subdivision - application
Exhibit A
Ordinance No. 010-09
Page 133 of 138
The property owner or his authorized agent, desiring to subdivide land into four or fewer lots shall
file with the City a petition signed and acknowledged by him, on forms provided by the City and
shall be full and complete, including such data as may be prescribed by the City. Each proposal
shall be delineated in sufficient detail so that the plat is clearly defined. Required information
shall include but shall not be limited to:
(1) Seven signed copies or the appropriate number of copies as otherwise
determined by the City of the application and all related material.
(2) The legal description of the area to be subdivided.
(3) Legal descriptions for each new parcel being created. A legal description shall
include all existing easements and newly created easements within the developed structure of
the legal itself. All legal descriptions shall be written in a manner which is acceptable to the City
Engineer.
(4) Drawings to scale that describe exactly and legally the property being short
platted and include:
(a) The name of any adjacent subdivisions;
(b) Lines marking the original boundaries of the site and the proposed lots. All
dimensions shall coincide with the legal description;
(c) Dimensions, names, and locations of existing roads and ways within or
adjacent to the tract;
(d) Location of existing structures with respect to all existing and proposed
property boundaries;
(e) North arrow;
(f) Scale of not less than 1 ":50';
(g) Seal and signature of professional land surveyor who prepared drawings.
(5) If it is determined that the proposed short subdivision application contains
sufficient elements and data to furnish a basis for approval or disapproval, a file number shall be
affixed to the application along with the date of receipt and promptly forwarded to the City
Engineer for review. Copies of the application shall be forwarded to the City clerk, fire authority,
police chief and any state or federal agency having jurisdiction over the proposal, for review
and comment.
(6) The proposed source of water and means of sewage disposal. The project shall
be forwarded to the City Engineer and shall have the proposed short subdivision reviewed to
assure that all lots conform to all state and local requirements for provision of water and sewer
services.
16.72.101 Preliminary short subdivision - Review process - Review by the City Engineer.
(1)Upon receipt of the application and determination of completeness, the Director
shall transmit a copy of the application to the City Engineer.
(2) The City Engineer shall review the application.
(3)The City Engineer shall recommend approval or disapproval of the preliminary short
subdivision application with regard to the decision criteria set forth below. The City Engineer shall
signify his or her recommendation of approval by providing a memorandum to the Director
which includes any conditions of approval.
(4) If the City Engineer recommends disapproval of the application, he or she shall
provide a written explanation to the Director.
(5) Decision Criteria:
The subdivision may be approved or approved with modification if:
a. The applicable design standards of POMC Sections of 16.50 and 16.55 are
satisfied.
b. The Applicable sections of POMC Section 16.72 have been satisfied.
Exhibit A
Ordinance No. 010-09
Page 134 of 138
c. Any portions of the subdivision that contain a critical area, as defined in
POMC Chapter 18,01, conforms to all the applicable requirement of that
chapter.
d. The City Engineer determines that the preliminary subdivisions meet the
following;
I. The subdivision conforms to regulations concerning drainage, POMC
Chapters 13,06 and 15.32.
ii. The applicable road standards contained in City Council Resolution No. 1971
are satisfied.
Ill. The subdivision will not place undue burden on drainage basins or
water quality and will not interfere with use and enjoyment of properties
downstream.
iv. The streets and pedestrian ways as proposed, align with and are
otherwise coordinated with streets serving adjacent properties to the maximum
extent possible.
V. The streets and pedestrian ways as proposed are adequate to
accommodate anticipated traffic.
e. The proposal complies with all applicable provisions of this code, Chapters
58.17 and 36.70A RCW, and all other applicable provisions of state and
Federal laws and regulations; and
f. the proposal is in accord with the city's Comprehensive Plan.
16.72.102 Declaration regarding further subdivision.
(1) Land in a short subdivision may not be further divided in any manner within a period
of five years offer the recording of the final short subdivision without the filing and approval of an
application for a subdivision in accordance with POMC 16,72.140-16.72.240; except that when
the short subdivision contains fewer than four parcels, nothing in this section shall prevent the
owner from filing an alteration within the five-year period to create up to a total of four lots
within the original short subdivision boundaries. This requirement shall be stated on the face of
the plat.
(2) Contiguous parcels that have one or more common owners, one or more persons
who have an interest in the entity that owns or has an ownership interest in contiguous parcels,
or a developer who intends to develop contiguous properties, must comply with the subdivision
requirements of this title, POMC 16.72.140-16.72.240, if the total number of resultant lots will
exceed four in number. The short subdivision code may not be used as a mechanism to avoid
the requirements of the subdivision code where there are adjacent parcels under common
ownership, as described herein, that, but for the property boundaries, would be required to
comply with the subdivision requirements.
16.72.103 Preliminary short subdivision approval - Expiration.
A final short subdivision application meeting all of the requirements of this chapter shall be filed
within five years of the date of preliminary short subdivision approval. If the application is not
filed within the five-year period, the preliminary short subdivision approval shall expire and shall
be void. The five-year period shall apply to all preliminary short subdivision approvals granted by
the City.
16.72.110 Short subdivision - recording of final plat.
The City Engineer shall sign and date all approved short subdivisions and return the approved
final short plat to the sub -divider. The sub -divider shall then file the short plat with Kitsap County.
Exhibit A
Ordinance No. 010-09
Page 135 of 138
16.72.120 Short subdivision - auditor.
The short plat shall not be deemed approved until so filed. One copy of the recorded plat shall
be returned to the City for its files.
16.72.130 Short subdivision - Amendments.
The Development Director may approve an amendment to an existing short plat which has
been approved and filed for less than the required five years, if the total number of proposed
lots do not exceed four and there is no significant adverse action as a result of the amendment.
Procedures for a short plat amendment are the same as those for the short subdivision.
16.72.140 Preliminary plat - application.
(1) The property owner, or authorized agent, desiring to subdivide land into five or
more lots, shall file with the City a petition signed and acknowledged by him/her on forms
provided by the City and shall be full and complete, including such data as may be prescribed
by the City Engineer.
(2) Each subdivision shall be delineated in sufficient detail so that the plat is clearly
defined. Preliminary plat requirements shall include but shall not be limited to:
(a) The legal description of the property or area to be subdivided, legal
descriptions for each new parcel being created and shall include all existing easements
and newly created easements within the developed structure of the legal itself.
(b) A complete and detailed written statement of the intended use of the
land.
(c) Scaled drawings which include survey data compiled as a result of a
survey made by a registered land surveyor, site plan, area map, traffic and pedestrian
circulation plans and any other plans and drawings deemed necessary for evaluation, or
required by any other provision of the Land Use Regulatory Code.
16.72.150 Preliminary plat - property owners list.
A list of property owners within 300 feet and not less than two parcels deep of the exterior
boundaries of the subject property and their addresses, shall be furnished by the applicant. Said
list shall be obtained from the Kitsap County assessor.
16.72.160 Preliminary plat - filing fee.
Whenever an application for a subdivision is filed, a fee as determined by resolution, shall be
paid for the purpose of defraying the costs incidental to the proceedings.
16.72.170 Preliminary plat - file number.
Upon receipt of an application for a subdivision, the City shall review the proposal to assure that
all lots conform to all state and local requirements. If it is determined that the proposed
preliminary plat application contains sufficient elements and data to furnish a basis for approval
or disapproval, a file number shall be affixed to the application along with the date of receipt.
16.72.180 Preliminary plat - staff report.
The City staff shall prepare a report for consideration by the Hearing's Examiner and shall make
the report available to the applicant and the hearing examiner no less than 5 business days
before the public hearing. The staff report shall provide an analysis of the application, with
recommended conditions.
16.72.190 Preliminary plat - Hearing Examiner public hearing.
(1) The open record public hearing shall be held before the Hearing Examiner, along
with any appeal from the SEPA responsible official's determination.
Exhibit A
Ordinance No. 010-09
Page 136 of 138
(2) Once the SEPA process has been completed, and the staff has completed its
analysis of the application, the staff shall set the date for the public hearing. The City shall
advertise the notice of the time and place of the hearing in a newspaper of general circulation
within the City, not less than 10 days nor more than 30 days prior to the hearing date. Notice
shall also be mailed by the City to all owners of record of the properties within 300 feet of the
exterior boundaries of the subject property, not less than 14 days prior to the hearing date. If the
proposed subdivision is adjacent to the right-of-way of any state highway, notice shall be given
to the State Department of Transportation, or its successor; and the State Department of
Ecology, if the proposed subdivision lies within an environmentally sensitive area.
16.72.200 Preliminary plat - Hearing Examiner's decision.
(1) Hearings for which notice has been given in accordance with the provisions
herein may be continued for good cause and verbal notice to those present of the date, time,
and place to which such hearing is continued shall be deemed sufficient notice.
(2) A plat application that has been denied cannot be resubmitted for one year of
the date of disapproval.
(3) The hearing examiner shall prepare written findings, legal conclusions and a
decision on the application within 30 days after the close of the public hearing.
(4) The Hearing Examiner's decision shall be a final action, unless appealed to the
City Council within 14 days from the date of the Hearings Examiner's decision. Any appeal to
the City Council shall be a closed record hearing and the City Council's decision shall be
considered final action.
16.72.210 Final Plat - application - bond in lieu of construction.
Within five years following the approval of the preliminary plat the applicant shall file with the
City an application for final approval of a subdivision plat. The application shall:
(1) Be made on forms provided by the City and signed by the owner of record and
shall be full and complete, together with a fee as established by resolution.
(2) Be accompanied by three sets of as -built drawings of all improvements.
(3) Comply in all respects with the preliminary plat conditions as approved. In lieu of
the completion of the actual construction of any required improvements prior to the approval of
a final plat, the City may accept a bond, in an amount and with surety and conditions to it, or
other secure method, providing for and securing to the City the actual construction and
installation of such improvements within a time limit as specified by the City Council and
expressed in the bonds. In addition, the City Council may require other methods of security,
including the posting of a bond securing to the City the successful operation of improvements
for an appropriate period of time up to two years offer final approval. The City Engineer is
authorized to enforce bonds as approved by the City Council.
(4) Be presented to the City Engineer at least four weeks prior to a regular meeting of
City Council. The date of the regular meeting on approval of the final plat shall constitute the
official submittal date of the plat for the purposes of these regulations.
(5) Be accompanied by all formal irrevocable offers of dedications to the public of,
but not limited to, all streets, utilities, parks, and easements in a form approved by the City
attorney. The subdivision plat shall be marked with a notation indicating the formal offers of
dedication. A full covenant and warranty deed to all land to be dedicated to the public in
proper form for recording, together with a title policy.
(6) A certificate bearing the typed or printed names of all persons having an interest
in the subdivided land, signed by the said persons and acknowledged by them before a notary
public, consenting to the subdivision of the said land and reciting a dedication by them of all
land shown on the plat to be dedicated for public uses and a waiver by them and their
Exhibit A
Ordinance No. 010-09
Page 137 of 138
successors of all claims for damages against any governmental authority arising from the
construction and maintenance of public facilities and public property within the subdivision.
16.72.220 Final plat - signing and recording.
(1) Subsequent to the resolution of the City Council, three paper copies of the
construction plans, and one copy of the original of the subdivision plat on tracing cloth and/or
reproducible mylar shall be submitted to the City Engineer for final review. No final approval shall
be endorsed on the plat until a review has indicated that all the requirements of the preliminary
plat as approved have been satisfied.
(2) When the City Engineer finds that all conditions of the resolution have been
satisfied, he/she shall sign the tracing cloth and/or reproducible mylar original of the subdivision
plat.
16.72,230 Final plat - written approval of subdivision - recording.
(1) When the City Council finds that the subdivision proposed for final plat approval
conforms to all terms of the preliminary plat, as approved, and that said subdivision meets the
requirements of this chapter, other applicable state laws, and local ordinances which were in
effect at the time of the preliminary plat approval, it shall suitably inscribe and execute its written
approval on the face of the plat. The City shall make a formal written finding of fact that the
proposed subdivision or short subdivision is in conformity with any applicable zoning ordinance or
other land use controls. The original of said final plat shall be filed for record with the county
auditor. Simultaneously with the filing of the plat, the City clerk shall record the agreement of
dedication and any other legal documents as shall be required to be recorded. One paper
copy shall be furnished to the City Engineer. One paper copy shall be filed with the county
assessor. Any lots in a final plat filed for record shall be valid land use, notwithstanding any
change in zoning laws, for a period of five years from the date of filing. A subdivision shall be
governed by the terms of approval of the final plat, and the statutes, ordinances and
regulations in effect at the time of approval for a period of five years after final plat approval
unless the City Council finds that a change in conditions creates a serious threat to the public
health or safety in the subdivision.
(2) Any decision approving or disapproving a plat shall be reviewable under
Chapter 36.70C RCW.
16.72.240 Time limit.
Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved,
or returned to the applicant for modification or correction within 90 days from date of filing
thereof unless the applicant consents to an extension of such time period; provided, that if an
environmental impact statement is required as provided in RCW 43.21 C.030, the 90-day period
shall not include the time spent preparing and circulating the environmental impact statement
by the City. Final plats and short plats shall be approved, disapproved, or returned to the
applicant within 30 days from the date of filing thereof, unless the applicant consents to an
extension of such time period. A final plat meeting all requirements of this chapter shall be
submitted to the City Council for approval within five years of the date of preliminary plat
approval. An applicant who files a written request with the City Council at least 30 days before
the expiration of this five-year period may be granted an extension up to 2 years in length upon
a showing that the applicant has attempted in good faith to submit the final plat within the five-
year period, and upon such additional conditions as the City Council determines are in the best
interests of the City and necessary to protect the public health and safety based on changes in
circumstances since the date preliminary plat approval was granted. The fee for filing for an
extension shall be as set forth in the City's fee resolution.
Exhibit A
Ordinance No. 010-09
Page 138 of 138
16.72.250 Right of way vacation procedures.
The process for vacating a public right of way, as set forth in Chapter 35.79 RCW shall be
followed, except as expressly modified by this section. The following procedure to process a
petition to vacate a right-of-way:
(1) The petition to vacate a right-of-way shall be accompanied by a petition fee as
set by council resolution.
(2) The petition to vacate a right-of-way shall be accompanied by a certified check
that provides for one-half the cost of the value of the land. The value of the land will be based
on square foot valuations as set by council resolution.
(3) The City clerk will not process the petition without the conditions set out in
subsections (1) and (2) having been fulfilled.
(4) The City Council reserves the right to require an appraisal be completed at the
expense of the petitioner. At the council's prerogative, the appraisal shall be completed by
either a certified or non -certified appraiser and approved by the council. If the council requires
an appraisal and the appraisal exceeds the valuations as set by council resolution, the petitioner
shall provide the City with the additional required funds. If the appraisal determines the cost is
less that the established values, the City will reimburse the difference based on the amount of
the certified check and the appraised value.
(5) The City will hold the certified check for a maximum of six months offer the
council approves the vacation. If by that time, the petitioner has not completed the transaction,
the petitioner shall forfeit the certified check. The City treasurer shall cash the check and deposit
the funds in the appropriate City fund.
(6) The cost of the petition fees and appraisal shall not be credited towards the cost
of the right-of-way.
16.72.260 Violations - penalty.
(1) Any person, firm, corporation or association or any agent of any person, firm,
corporation or association who violates any provision of this chapter relating to the sale, offer for
sale, lease or transfer of any lot, tract or parcel of land shall be guilty of a civil infraction and
each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation
of any provisions of this chapter shall be deemed a separate and distinct offense.
(2) Whenever any parcel of land is divided into five or more lots, tracts, or parcels of
land and any person, firm or corporation or any agent of any of them sells or transfers, or offers
or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such
subdivision filed for record, the City attorney shall commence an action to restrain and enjoin
further subdivisions or sales, or transfers, or offers of sale or transfer and compel compliance with
all provisions of this chapter. The costs of such action shall be taxed against the person, firm,
corporation or agent selling or transferring the property.
(3) Any person who violates any court order of injunction issued pursuant to this
chapter shall be subject to a fine of not more than $5,000 or imprisonment for not more than 90
days or both.
(4) In the enforcement of this chapter, the City attorney may accept an assurance
of discontinuance of any act or practice deemed in violation of this chapter from any person
engaging in, or who has engaged in such act or practice. Any such assurance shall be in writing
and be filed with and subject to the approval of the superior court of the county in which the
alleged violation occurs. A violation of such assurance shall constitute prima facie proof of a
violation of this chapter.
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 22, 2009.
ORDINANCE NO. o10-o9
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING PORT ORCHARD MUNICIPAL CODE CHAPTERS 5.99,
16.04, 18.30, 18.94, AND 18.96; AND AMENDING THE PORT
ORCHARD MUNICIPAL CODE TITLE 16 CHAPTERS BY ADOPTING
NEW CHAPTERS 16.07 "PERMIT PROCESSING" AND 16.38 "HOME
BUSINESSES"; AND AMENDING CHAPTERS 16.oi, 16.o5, 16.o6,
16.o8, 16.12, 16,13, 16.20, 16.30, 16.35, 16.40, 16.5o, AND 16.72
Copies of Ordinance No. 010-09 is 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. 010-09 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
January 1, 2010