08/20/1997 - Special - MinutesPort Orchard, Washington
August 20, 1997
Acting Protem Mayor Warren Van Zee called Council of the City of Port Orchard, Washington, to
order in Special Session at 7:30 P.M. at City Hall, 216 Prospect Street.
Councilmembers present: Clauson, Wyatt, Geiger, Van Zee and Grable.
Staff present: City Planner Gross, City Engineer Curies, and Deputy Clerk Merlino.
Acting Protem Mayor Van Zee reopened the Draft Zoning Ordinance Public Hearing which was
continued from August, 6 1997. 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 and Council concurred on the following schedule for the continuation of this
public hearing regarding the Zoning Code Ordinance:
Wednesday, September 3, 1997
7:30 PM
Wednesday, September 24, 1997
7:30 PM
Wednesday, October 8, 1997
7:30 PM
Wednesday, October 15, 1997
7:30 PM
Wednesday, October 22, 1997
7:30 PM
Wednesday, October 29, 1997
7:30 PM
City Planner Gross opened discussion and asked for Council's review and/or modifications to
Section C4: Nonconformance and temporary uses beginning on page 147.
Council concurred with City Planner Gross and after much discussion and alterations the following
modifications were made:
Section 1: Purpose
Addition:
a. Acknowledge that much of Port Orchard's uniqueness and history comes from the
variety of older buildings, both residential and commercial, most often located near the
waterfront area. These buildings and uses, although nonconformingby today's
standards, greatly add to the history, charm, and unique quality of our City. The loss
of such buildings could have a detrimental effect on the overall 'character of Port
Orchard.
Deletion:
Section 2: Nonconformance — applicability
Addition:
August 20, 1997
Page 2 of 4
a: Sites previously receiving land use approval such as home occupations, special
use permits, variances and reclassifications are legal uses as defined within their
approval. They are not considered nonconforming.
City Planner Gross was directed to add wording which would include land use actions by
Kitsap County in annexed areas.
c: 1) the requirements of the Uniform Building and Fire Codes, and other
superseding regulations such as-SEPA and the Shoreline' Master
Program
3) protecting the general health, safety, andwelfareof the public.
Section 3: Nonconformance — determining status
Change as follows:
a. Any use, structure or other improvement, such as landscaping or signage, or
development standard which was legally established prior to the effective date of
this tit4e—code, but not meeting the definition of Section 2a above, shall be
considered nonconforming if:
1) ... the use is now wed -not permitted or ...."
After much discussion on Section 3 Council recommended continued discussion on this matter,
later in the meeting.
Section 4: Nonconformance — lots
Change as follows:
b. If 2 or more lots or portions of lots with contiguous road frontage are of single
ownership at the time of passage or amendment of this code and if all or part of
the lots do not meet the requirements for let width and
Section 5: Nonconformance — abatement of illegal use, structure or development
Change as follows:
".... provisions of +"iS�pte the Port Orchard Municipal Code."
August 20, 1997
Page 3 of 4
Section 6: Nonconformance — continuation and maintenance of nonconformance
Change as follows:
"Any nonconformance ....
Section 7: Nonconformance — discontinued nonconforming use or structure
Change as follows:
a. Any nonconforming use that ceases for any reason for a period of six (6)
consecutive months or for eighteen (18) months within any three year period, shall
be deemed abandoned and shall not be reestablished. The only permitted
exception is when the building is visibly being sold.
Section 8: Nonconformance — repair or reconstruction of nonconforming structure
No change
Section 9: Nonconformance — alteration of nonconforming structure
Addition:
Additions to nonconforming buildings maybe made provided that the addition
conforms to the provisions of this code. Otherwise a conditional use permit must
be sought as defined in Section 10.
Section 10: Nonconformance —expansion of nonconformance
Council requested City Planner review implementing this process through a Conditional use
permit one time only. The Council requested that the City Attorney review this section.
Section 11: Temporary use permits — uses requiring permits
No changes
Section 12: Temporary use permits — exemptions to permit requirement
_« PUIbli . FaGiliities (Pfl Community facilities (Co . . . . "
2) a special event uses not to exceed a total of 14 consecutive days eaeh ealen a-F
yea-F, such as: a) amusement rides, carnivals, or circuses, b) community festivals,
and c) parking lot sales.
Council will revisit sections 12b and 3 for further discussion at their next meeting.
August 20, 1997
Page 4 of 4
At 9:30 PM Acting Mayor Protem Van Zee declared this Public Hearing continued to Wednesday,
September 3, 1997.
Michelle Merlino, Deputy Clerk
arren Van Zee,
Acting Mayor Protem