04/16/1997 - Special - MinutesPort Orchard, Washington
April 16, 1997
Council of the City of Port Orchard, Washington, was called to order in Special Session at
7:30 P.M. at City Hall, 216 Prospect Street. Due to absence of the Mayor and the Mayor Pro-
tem. Councilmembers designated Councilman Warren Van Zee to preside as Acting Mayor Pro-tem.
Councilmembers present: Clauson, Wyatt, Morrison, Geiger, Van Zee, and Grable
Staff present: City Planner Gross and City Clerk Parks.
Acting Mayor Pro-tem Van Zee reopened the Draft Zoning Ordinance Public Hearing which was
continued from March 26, 1997 (the session scheduled for April 9, 1997 was not held due to
lack of quorum). The purpose of holding a series of Public Hearing meetings is to review
and discuss the draft Zoning Ordinance. Public input is invited and encouraged during
discussions on the draft Zoning Ordinance.
City Planner Gross presented information which was requested at the March 26, 1997 meeting
regarding mobile homes, manufactured homes, and modular homes. Based upon information from
the Planner, Councilmembers agreed to revise the definitions of:
Dwelling unit Add "...studio apartments, modular homes, and manufactured homes."
(Section 30)
Page 127
Dwelling Unit - Mobile Home
(Section 34) A single family residence transportable in one or more sections that
Page 127 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 liee at^ June 15, 1976. Mobile homes do
not include recreational vehicles:
Dwelling Unit - Modular Home
(add new section) 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.
Dwelling Unit - Manufactured Home
(add new section) A single family residence constructed aftern amine-15, 1976 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:
A. Is comprised of at least two fully enclosed parallel sections
each of not less than twelve feet wide by thirty-six feet long;
B. 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
C. 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
April 16, 1997
Page 2 of 3
D. 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
E. must meet the thermal equivalent of not less than the State
Energy Code and therefore be classified as a "Super Good Sense
Home".
Recreational vehicle
(Section 199) Add "The use of a recreational vehicle as a dwelling unit for more
Page 51 than 72 hours outside of a mobile home park ts;';?k is prohibited::
ctly prohibited."
The Clerk's Office is to develop, for Council review, draft policies and procedures for
regulating Visitor RV Parking Permits.
During discussions regarding "Home Occupations" designation within the "Residential Land
Uses Table" (page 146-C) it was noted that adoption of this draft Zoning Ordinance could
result in some currently existing "conforming" home occupation businesses to become "non-
conforming" uses.
In an effort to minimize the impact Councilmembers concurred that the City would send out
a letter to all residences informing them of the upcoming zoning code (can be fish -tailed
in with business licenses) giving them a period of time to register their existing home
business with the City. Owners of an existing Home Occupation business would need to
submit in writing their existing situation, which must meet current zoning code home
occupation requirements, including: hours of operation, type of business, parking provided
on site, whether or not customers come to the site (and how many), how long they have been
in business, number of employees, signage, etc. These letters would be catalogued and filed
in the Building Department's address files for a permanent record. The Building, Planning
and Code Enforcement Departments would utilize this catalogued information to "grandfather"
existing home occupations which meet current zoning code requirements.
Doug Eide entered an objection for the record, stating he feels this is discriminatory
against other businesses and gives favorable status to home occupation businesses. Mr. Eide
clarified that he believes the proposed zoning ordinance will render most businesses within
the City "non conforming". Councilmembers assured Mr. Eide they will keep his concern in
mind as they consider the various aspects of the draft zoning ordinance.
Council agreed to further revise the "Residential Land Uses Table -Accessory Uses" (page 146-
C) to include Home (cottage) Industry and Home Occupation as a conditional use with Footnote
4 within Residential - 20.0 units designation. Councilmembers also added Note #4 to the
"Residential Land uses Table": Note #4 - No customers on site.
Discussion on the "Temporary Lodging" element of the "Residential Land Uses Table" (Page
146-C) resulted in the following modifications:
April 16, 1997
Page 3 of 3
Bed and Breakfast
Section 14) A?up< dwel 1 i ng unit or accessory building within which no
Page 124 more 't an 5' edrooms are available for paying guestsRNMIRM.",
Hotels and motels
(Section 59) Commercial establishments with more than 5 guest rooms, known to the
Page 132 public as hotels, motor hotels, motels, or tourists' courts, primarily
engaged in providing lodging, or lodging and meals, for the general
public.
Lodging House
(Section 60) Lodging houses and hotels operated by membership organizations for the
Page 132 benefit of their constituents, and not open to the general public.
Additional information can be found within SIC 7041.
Council clarified that if the bed and breakfast owner lives on the same tax lot parcel where
the bed and breakfast is located, then the owner occupied requirement is met.
Acting Mayor Pro-tem Van Zee gave final call for input at this Public Hearing Session. As
no response was heard, he reminded everyone that the next session of this Public Hearing
will primarily focus on the "General Services Land Uses Table" (Page 146-D).
At 9:34 P.M. Acting Mayor Pro-tem Van Zee declared this Public Hearing continued until
Wednesda April 30, 1997 at 7:30 P.M. and adjourned the meeting.
atricia Parks, City lerk
Warren Van Zee, Actin Mayor Pro-tem