10/08/1997 - Special - MinutesPort Orchard, Washington
October 8, 1997
Acting Protem Mayor John Clauson called the 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, Morrison, Geiger, Van Zee, and Grable.
Staff present: City Planner Gross, and Deputy Clerk Merlino.
Acting Protem Mayor Clauson reopened the Draft Zoning Ordinance Public Hearing which was
continued from September 24, 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 City Council revisited Section C4: Nonconformance and further
discussed the proposed changes as discussed on September 24, 1997 concerning Section C4:
Nonconformance, including proposed changes from the August 20, 1997 discussion.
The Council made the following changes and/or recommendation to Section C4: Nonconformance
as follows:
Section 1: Purpose
Council concurred with the changes as discussed on September 24, 1997 and August 20,
1997.
Section 2: Nonconformance — applicability
City Planner Gross recommended the following changes to the August 20, 1997 draft of
Section C4.
a: Sites previously receiving land use approval(including Kitsap County actions on
annexed lands) su& defined as home occupations, special use permits, variances,
reclassifications, and all previously permitted 'Commercial Developments are legal
uses as defined within their approval. They are not considered nonconforming.
Council concurred with City Planner Gross' changes to Section 2.
SECTION 3: Nonconformance — determining status
Council concurred with the City Planner Gross' recommended changes to Section 3 as
discussed on August 20, 1997
Section 4: Nonconformance — lots
Council reviewed changes as discussed on September 24, 1997 and made the following changes.
Reed Muller also volunteered to present wording at the next meeting which would further clarify
section 4b.
October 8, 1997
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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 feF let Width and @Fea as established by this code, the land involved shall be
considered to be an undivided parcel for the purposes of this code and no portion of said parcel
shall be used which does not meet the requirements established by this code.
Section 5: Nonconformance — abatement of illegal use, structure or development
Council reviewed recommendation and concurred with the City Planner on changes which
were presented and discussed on August 20, 1997 and made no further changes.
Section 6: Nonconformance — continuation and maintenance of nonconformance
Council reviewed recommendation and concurred with the City Planner on changes which
were presented and discussed on August 20, 1997 and made no further changes.
Section 7: Nonconformance — discontinued nonconforming use or structure
Council reviewed recommendations and concurred with the City Planner on changes
which were presented and discussed on September 24, 1997 as follows:
A: Any nonconforming use that ceases for any reason for a period of
six (6) consecutive months or for 18 months within any three year period shall be deemed
abandoned and shall not be reestablished. The only permitted exception is when the building or
business is visibly being sold.
Section 8: Nonconformance — repair or reconstruction of nonconforming structure
No change
Section 9: Nonconformance — alteration of nonconforming structure
Council reviewed the recommended changes which were presented by the City Planner
on August 20, 1997. Council concurred with the recommended changes.
Section 10: Nonconformance —expansion of nonconformance
Council concurred with the City Planner's recommended changes to Section 10 as
presented on September 24, 1997 as follows:
Any legal nonconforming use may expand one time only by a maximum of 25% of the Kitsap
County Assessor's Office assessed value of the land and improvements subject to approval of a
conditional use permit, provided, ....
City Planner Gross recommended and the Council agreed to discuss Temporary use permits at
October 8, 1997
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the next continued Public Hearing, scheduled for October 15, 1997.
City Planner and Council concurred on the following schedule for the continuation of this public
hearing regarding the Zoning Code Ordinance:
Wednesday, October 15, 1997 at 7:30 PM
Wednesday, October 22, 1997 at 7:30 PM
Wednesday, November 5, 1997 at 7:30 PM
Wednesday, November 12, 1997 at 7:30 PM
Wednesday, November 19, 1997 at 7:30 PM
At 9:15 PM Mayor Protem Powers declared this Public Hearing continued to Wednesday,
October 15, 1997.
!Michelle Merlino, Deputy Clerk
OM Clauson
Acting Mayor Protem