025-07 - Ordinance - Establishing Downtown Overlay DistrictORDINANCE NO. 025-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ESTABLISHING A DOWNTOWN OVERLAY DISTRICT, ADOPTING
REGULATIONS REGARDING DEVELOPMENT IN THE CENTRAL
DOWNTOWN OVERLAY DISTRICT SUB AREA, AND CREATING A NEW
TITLE 18 "ZONING AND DEVELOPMENT" AND A NEW CHAPTER
18.96 "DOWNTOWN OVERLAY DISTRICT" OF THE PORT ORCHARD
MUNICIPAL CODE
WHEREAS, the City desires to promote the development of an integrated mixed use
downtown district that contains office, service, retail, residential, and recreational uses within close
proximity to one another; and
WHEREAS, the Planning Commission has provided input as to the nature and scope
of the proposed downtown overlay district regulations; and
WHEREAS, the Port Orchard City Council received both written and oral testimony
from the public at a public hearing held on February 26, 2007, and continued on March 12, 2007
and April 17, 2007; and
WHEREAS, the proposed regulations were reviewed under the State Environmental
Policy Act and on August 2, 2006 a determination of non -significance was issued; and
WHEREAS, the proposed regulations are consistent with and serve to implement the
land use goals and policies set forth in the Comprehensive Plan;
WHEREAS, it is the City Council's intent that the Downtown Overlay District
regulations shall not be effective until such time as an ordinance creating a process for reviewing
building and design standards is effective; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The Port Orchard Municipal Code is hereby amended by adding a new
Title 18 entitled "Zoning and Development."
SECTION 2. The Port Orchard Municipal Code is hereby amended by adding a new
Chapter 18.96 entitled "Downtown Overlay District" in the form attached as Exhibit 1.
SECTION _ 3. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published in lieu
of the entire ordinance, as authorized by State Law.
Ordinance No. 025-07
Page 2 of 18
SECTION 4. The provisions set forth in Chapter 18.96 "Downtown Overlay District"
shall be effective on the date that an ordinance creating a process for reviewing building and design
standards is effective.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 24h day of September 2007.
ATTEST:
P
Michelle Merlino, City Clerk
APPROVED AS TO FORM:
zzl�! 740
"JQf- -
Asst. City Att y
KIM E. ABEL, MAYOR
Sponsored by:
),6hn Clauson, Council Member
EXHIBIT 1. TO ORDINANCE NO. 025-07
City of Port Orchard
Downtown Overlay District
Sections:
18.96.010
Downtown. Overlay District (DOD) — Created.
1.8.96.020
DOD — Purposes.
1896.030
DOD — Compliance.
18.96.040
Central DOD — Permitted Uses.
18.96.050
Central DOD — Conditional Uses.
18.96.060
Central DOD — Minimum Lot Size.
18.96.070
Central DOD — Minimum Setback Requirements.
18.96.080
Central DOD — Minimum Residential Dwelling Size.
18.96.090
Central DOD — Maximum Land Coverage.
18.96.100
Central DOD — Maximum Structure Height.
1.8.96.110
Central DOD — Amenities for Maximum Structure Height.
18.96.120
Central DOD — Applicability of Design and Building Standards.
1.8.96.130
Central DOD — Design and Building Standards.
1.8.96.140
Central DOD — Parking Requirements.
18.96.1.50
Central DOD — Landscaping Requirements.
1896.160
Central DOD — Pedestrian Walkway Requirements.
1.8.96.170
DOD — Design Review Board.
1.8.96.180
DOD — Appeals.
Ordinance No. 025-07
Page 4 of 17
18.96.010 Downtown Overlay District (DOD) — Created..
(1) There is hereby created the Downtown Overlay District (DOD). This chapter shall
be known as the DOD Regulations. All properties within the DOD, their use, and their
development, shall be subject to the provisions of this title.
(2) The DOD consists of one subarea:
a) The Central DOD subarea shall consist of all real property located within
the area depicted on the map attached as Exhibit A.
18.96.020 DOD — Purposes.
The specific purposes of the DOD are to:
(1) Implement the land use goals and policies set forth in the Comprehensive Plan.
(2) 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.
(3) Encourage imaginative site and building design and development while
maintaining view corridors and a small town feel.
(4) Identify significant environmental impacts and ensure appropriate mitigation with
attention to sustainable or low -impact development.
(5) Encourage environmentally sustainable development.
(6) Promote economic development and job creation in the City.
(7) Encourage energy conservation in building design and layout.
(8) Promote an integrated system of pedestrian -friendly walkways and parking areas.
(9) Enhance the City's waterfront character while maintaining the maritime presence.
(10) Encourage the development of buildings with ground floor retail with office uses
and residential uses above.
(11) Promote a walkable community by encouraging the development of public open
spaces, waterfront access, and pedestrian -friendly walkways.
(12) Locate and combine parking areas in order to minimize the number of points of
access to and from Bay Street.
(13) Encourage architectural and site designs that serve as gathering places in wet and
dry conditions.
(14) Promote greater public transportation availability within Port Orchard and across
Sinclair Inlet during the evening hours to improve access to/from the DOD.
1896.030 DOD — Compliance.
The DOD regulations implement subarea -specific policies in the Port Orchard Comprehensive
Plan. Except as otherwise provided herein:
(1) No building or structure shall be constructed nor shall any building or structure be
moved, altered, enlarged, remodeled or rebuilt within the DOD except in compliance with the
Ordinance No. 025-07
Page 5 of 17
provisions of this chapter, which are in addition to city-wide zoning and land use regulations.
(2) To the extent the provisions of this chapter are inconsistent with other provisions
of the POMC, or zoning and land use ordinances, 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.
(3) The definitions in Parts A3 and B2 of the Zoning Ordinance, as now or hereafter
amended, shall apply to the terms and procedures used throughout this Chapter. Words not
defined shall be given their usual and customary meaning.
18.96.040 Central DOD — Permitted Uses.
(1) The
following are permitted uses within the Central DOD on lots that do not abut
Bay Street:
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 the land use table in Part 133 of the Zoning Ordinance, as now or
hereafter amended, except for motor vehicle dealers, auto supply stores, gas
Ordinance No. 025-07
Page 6 of 17
stations, boat dealers, adult entertainment, and fuel dealers.
x.
Trails.
y.
Water transportation facilities.
Z.
(2) The
following are permitted uses within the Central DOD on lots that abut Bay
Street:
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.
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 the land use table in Part B3 of the Zoning Ordinance, as now or
hereafter amended, except for motor vehicle dealers, auto supply stores, gas
stations, boat dealers, adult entertainment, and fuel dealers.
x.
Trails.
y.
Water transportation facilities.
(3) Existing Non-residential Uses. All existing non-residential uses other than the
uses specified in subsection (1) above, shall be legally non -conforming uses, and shall not be
expanded, altered,
or rebuilt if damaged or destroyed, except in accordance with Part B4, sections
1 through 10 of the Zoning Ordinance, as now or hereafter amended; provided, an existing non-
Ordinance No. 025-07
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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.
(4) Existing single family detached residential uses. 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 Part C 1 "Density, dimensions, and design
requirements" of the Zoning Ordinance, as now or hereafter amended.
(5) Other Uses Prohibited. No other uses shall be permitted in the DOD, unless said
use is accessory to the principal permitted use or uses, as that term is defined in section 1 of Part
A3 of the Zoning Ordinance, as now or hereafter amended.
18.96.050 Central DOD — Conditional Uses.
(1) Within the Central DOD, a conditional use permit shall be required for:
(a) 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; or
(b) Any building or structure that exceeds the maximum allowable building
heights set forth in POMC 18.96.100.
(2) A conditional use permit shall be granted only if the applicant demonstrates that
the conditional use:
(a) Meets the criteria set forth in Part 133, section 3(a — g) of the Zoning
Ordinance, as now or hereafter amended;
(b) Will be designed in accordance with the design standards set forth in
POMC section 18.96.130 (Central DOD — Design and Building Standards); and
(c) The applicant agrees to provide a special amenity or amenities as listed in
POMC section 18.96.110 (Central DOD — Amenities for Maximum Structure Height) with a
monetary value of one percent (1 %) 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.
18.96.060 Central DOD — Minimum Lot Size.
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.
18.96.070 Central 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.
Ordinance No. 025-07
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(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 Part C 1,
section 11 of the Zoning Ordinance, as now or hereafter amended.
18.96.080 Central DOD — Minimum Residential Dwelling Unit Size.
The minimum residential dwelling unit size shall be six hundred (600) square feet.
18.96.090 Central. DOD — Maximum Land Coverage.
Development shall comply with the maximum land coverage requirements :set forth in Part C 1 of
the Zoning Ordinance; provided, there is no maximum land coverage for development on either
side of Bay Street between Harrison Avenue and Orchard Avenue.
18.96.1.00 Central DOD — Maximum Building and Structure Height,
(1.) Within the Central DOD, 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:
(a) Meets the requirements for a conditional use permit, as set forth in Part
B3, section 3(a — g) of the Zoning Ordinance;
(b) Provides a special amenity(ies) in accordance with POMC 18.96.110 with
a monetary value of one percent (l %) of the value of the new/proposed building and land; and
(c) Complies with the requirements of POMC 18.96.130(6)(c) 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.
(2) Within the Central DOD, south of Bay Street:
(a) 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:
(i) Meets the requirements for a conditional use permit, as set forth in
Part B3 of the Zoning Ordinance;
(ii) Provides a special amenity(ies) in accordance with POMC
18.96.100 with a monetary value of one percent (1 %) of the value of the new/proposed building
and land; and
(iii) Complies with the requirements of POMC 18.96.130(6)(b)
regarding reduced floor area above thirty-nine (39) feet.
Ordinance No. 025-07
Page 9 of 17
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)(a) are satisfied.(b) 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 forth in
Part B3 of the Zoning Ordinance;
(ii) Provides a special amenity(ies) in accordance with POMC
18,96,110 with a monetary value of one percent (1 %) of the value of the new/proposed building
and land; and
(iii) Complies with the requirements of POMC 18.96.130(6)(c)
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)(b) are satisfied.
(3) Definitions. As used in this section:
(a) Building height means the vertical height or distance from the uphill
elevation of the 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.
(b) Structure height means the vertical height or distance from the lowest or
downhill elevation line of the 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.
(c) 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
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.
(4) For purposes of this chapter, structure and building height shall include:
(a) parapets;
(b) Mechanical penthouses and elevator overruns and machine rooms;
(c) Roof forms and decorative elements not intended for occupancy; and
(d) All other roof structures.
18.96.110 Central 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
18.96.100(1) and (2) are required to be provided whenever a development proposes to exceed the
maximum allowable building height or structure height, or as provided in POMC 18.96,050,
Under no circumstances shall a building exceed the maximum structure height except as
provided in POMC 1.8.96.100 above. The design of each amenity will be reviewed to ensure that
Ordinance No. 025-07
Page 10 of 17
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;
(e) 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 waterview 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 waterward, then across the waterside face of the property or
structure.
(5) Waterview 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.
Ordinance No. 025-07
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(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 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 1.00% 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
(1) 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
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(d) Not otherwise required by law.
18.96.120 Central DOD -- Applicability of Design and Building Standards.
(1) The design and building standards set forth in POMC 18.96.130 shall 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) The following activities are not subject to the design and building standards set
forth in POMC 18.96.130:
(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.
1896.130 Central DOD — Design and Building Standards.
In order to promote development that is compatible with the city's historic character and the
scale of existing buildings, maintain views, and create a pedestrian -friendly environment, the
following design and building standards shall apply as directed in POMC 18.96,120:
(1) Rooftop Mechanical Equipment. 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. 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 18.96.100(l0) above, are encouraged. Roof ridgelines that are perpendicular to Bay Street
are encouraged.
(3) Building Facades.
(a) 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
Ordinance No. 025-07
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as a porch, recessed entry, bay window, projecting trellis, or similar substantial architectural.
feature at least four (4) feet deep by ten (l 0) feet wide by one-story high, at intervals so that no
continuous wall plane is more than fifty (50) feet in length.
(b) 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.
(c) 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.
(4) 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, property owners are encouraged to designate a common area for dumpsters
and storage.
(5) All development within the Central DOD either fronting Bay Street or fronting
Sidney Avenue north of Bay Street shall meet the following additional standard:
(a) Existing city -owned covered walkway. With respect to property where
there is an existing city -owned covered walkway, a property owner who is (i) 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.
(b) 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.
(6) Structure Height Modulation. If the structure height of a building exceeds thirty-
nine (39) feet, its height shall be modulated as follows:
(a) If a building's facade 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
Ordinance No. 025-07
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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.
(b) 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.
(c) 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.
(d) All view corridors should be located to maximize the views and solar
access of neighboring lots.
(7) When buildings include residences on upper floors, rooftop gardens and upper
floor terraces and decks are encouraged and may fulfill up to 25% of the landscaping
requirements. Rooftop gardens, terraces, and decks shall not count against the seventy-five
percent (75%) gross floor area limitation described in subsection 6(b) above.
(8) Building design and materials.
(a) Objectives. 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 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.
(b) Building Exteriors. 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.
(c) Prohibited materials. Beveled metal siding, mirrored glass, and vinyl
siding shall not be used on building exteriors.
(d) Appendix 1 shows examples of building facades that incorporate the
desired design features.
18.96.1.40 Central DOD — Parking Requirements.
Except as otherwise provided in this section, development within the Central DOD shall provide
parking in accordance with the off-street parking requirements set forth in Part C3 of the Zoning
Ordinance. if the formula for determining the number of parking spaces results in a fraction, the
Ordinance No. 025-07
Page 15 of 17
number of parking spaces shall be rounded to the nearest whole number with fractions of 0.50 or
greater rounding up and fractions below 0.50 round down.
(1) For multifamily residential uses, the off-street parking standard shall be a
minimum of 1.5 parking spaces for each dwelling unit, regardless of the number of bedrooms.
(2) For non-residential uses, the off-street parking standard shall be a minimum of
one parking space per 300 gross square feet of boor area, except as otherwise provided in Part
C3, section 3 of the Zoning Ordinance, as now or hereafter amended.
(3) No new street level parking lot or parking garage that fronts directly on Bay Street
shall be allowed between Bank Street and Seattle Avenue.
(4) In the event that a building is located on a waterfront lot, parking shall be located
to the side of the building and not between the building and the water.
(5) Exemptions. The following uses within the Central DOD shall be exempt from
the parking standards set forth in these regulations and the Zoning Ordinance.
(a) Existing uses along both sides of Bay Street from the crosswalk at Bank
Street to Seattle Avenue shall be exempt from the parking requirements set forth the Zoning
Ordinance and these regulations.
(b) New ground floor uses shall be exempt from the parking requirements set
forth in these regulations and the Zoning Ordinance.
(c) New development above the ground floor shall be exempt from the
parking requirements set forth in these regulations and the Zoning Ordinance only if (i) the floor
area of the new or remodeled building is equal to or less than the floor area of the building that is
present when these regulations become effective and (ii) the use(s) remains the same.
(6) In lieu payment.
(a) In lieu of furnishing the parking spaces required in subsections (1) and (2)
above, the requirements thereof may be satisfied by paying the city treasurer prior to the issuance
of a building permit, a sum of money for each parking space required. The amount of the fee to
be paid in lieu shall be set by the city council in its sole discretion and shall incorporate current
values for the purchase of land, construction, and ongoing maintenance of off-street parking
spaces, or on a rental fee for each required space.
(b) Sums so paid shall be deposited by the city treasurer in a special fund to be
designated "City of Port Orchard Off -Street Parking Cumulative Fund." The city council may
from time to time direct that other moneys be transferred into the fund to be used for the
purposes of the fund. The fund shall be used exclusively for acquiring, planning, designing,
developing, financing, and maintaining off-street parking facilities by purchase or lease for use
by the Central DOD area, all consistent with the transportation improvement plan adopted or
thereafter amended by the city council.
(7) Screening of Parking. The street -facing, ground level facades of parking lots or
garages shall be designed to obstruct the view of parked cars from public rights of way. Where
commercial or residential space is not available to accomplish this, features such as planters,
decorative grilles, or works of art shall be used.
Ordinance No. 025-07
Page 16 of 17
18,96.150 Central DOD — Landscaping Requirements.
Except as otherwise provided in this section, development within the Central DOD shall provide
landscaping in accordance with the landscaping requirements set forth in Chapter C4 of the
Zoning Ordinance.
(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.
(2) New development that is adjacent to the water shall provide landscaping on the
waterside facade 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 facade only.
18-96.160 Central 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
casement 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 roust 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.
18.96.170 DOD — Design Review Board.
At such time as the city establishes a design review board, all new development subject to these
regulations shall comply with the review requirements of said board.
18.96.180 DOD — Appeals.
Appeals of staff determinations and conditional use permits shall be made and considered in the
same manner as other appeals as provided in the "City of Port Orchard Planning and
Development Procedures," as now or hereafter amended, or such other ordinances as the city
council may adopt or amend.
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Appendix 2
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Recommended Designs
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#2 No Horizontal Flat Roofs OR if Horizontal, has Good Detail at Roof Line
Differing look on retail level
Chimneys are nice
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#3 Modulation of Building Face Balconies
Can Double as Awning
Street trees
Balcony acting as awning
Materials in this picture are NOT
as desirable
#4 Simple awnings (but too modern)
Windows with character
Windows are not on same level from one building to next
Windows are different on different floors
Good mix of color
Good mix of roofline
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#5 Taller Main Floor
Windows with planter boxes
Window low to sidewalk on first floor
Door set back creates desirable modulation
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#6 Good Mix of Roofline
Good mix of color
Balconies add desirable modulation
Different window type
Windows are different on different floors
Windows are not the same level from one building to the next
#7 Lanterns
Modulation of building face
Good building signage
Good mix of building materials
No flat roofs
Differing look on retail leval
#8 Pastels/Different Roofs
Windows with character
Windows are different on different floors (creates a modulated feel)
Good mix of color
#9 Striped Awnings Desirable
Practical, easy look for existing building remodel
Windows with molding
Horizontal roofline has good detail because of molding
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#10 Courtyards with Shops Desirable
Landscaping within alley/courtyard
Modulation of building face
Hanging baskets
# 11 Two Story Main Floor
Floors 3 & 4 NOT desirable — needs work
Modulation through molding
Pulling eye up through 2 floors with detail throughout
Arches
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#13 Balconies
Lanterns
Modulations
Different colors on retail level
Horizontal roofline has good detail
Retail level with tall windows
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1. Modulation —
Differing roof treatment
Different color on retail level
Too Modern//windows not varied enough
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3. Good Color
Roofs with similar colors
Roof lines too peaked//windows not varied in type or level
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5. Modulation
Awning
All one color//wrong era
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6. Modulation
Balconies
Too Modern//windows not varied enough
7. Window Boxes modulation
Balconies
Too Modern//windows not varied enough//one color
8. Windows varied
Good detail at horizontal roofline
Too enough modulation//stone is too heavy