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1785 - Ordinance - Building Heights, View Protection Overlay District and MapNOTICE 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 13, 1999. ORDINANCE NO. 1785 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING SECTIONS 4(C) OF PART C1 (density, dimensions, and design requirements) AND DENSITY AND DIMENSIONS TABLE FOUND IN SECTION 5: CALCULATIONS — NET USEABLE SITE AREA, RELATED TO BUILDING HEIGHTS WITHIN A VIEW PROTECTION DISTRICT AS IDENTIFIED AS EXHIBIT 1 OF ORDINANCE NO. 1748, (Zoning Ordinance) AND ADOPTING SCENIC RESOURCE PROTECTION REGULATIONS, AND ESTABLISHNING A VIEW PROTECTION OVERLAY DISTRICT, INCLUDING A VIEW PROTECTION OVERLY DISTRICT MAP. Copies of Ordinance No. 1785 are 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. 1785 will be provided at a nominal charge. City of Port Orchard `r� tu& rw""-, Michelle Merlino Deputy Clerk Publish: Port Orchard Independent December 22, 1999 0 ORDINANCE NO. 1785 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING SECTIONS 4(C) OF PART C1 (density, dimensions, and design requirements) AND DENSITY AND DIMENSIONS TABLE FOUND IN SECTION 5: CALCULATIONS - NET USEABLE SITE AREA, RELATED TO BUILDING HEIGHTS WITHIN A VIEW PROTECTION DISTRICT AS IDENTIFIED AS EXHIBIT 1 OF ORDINANCE NO. 1748, (Zoning Ordinance) AND ADOPTING SCENIC RESOURCE PROTECTION REGULATIONS, AND ESTABLISHING A VIEW PROTECTION OVERLAY DISTRICT, INCLUDING A VIEW PROTECTION OVERLAY DISTRICT MAP. WHEREAS, the City Council of the City of Port Orchard, by Ordinance No. 1634 adopted a Comprehensive Plan for the City of Port Orchard; and WHEREAS, the Comprehensive Plan includes policies and goals to protect scenic resources, and provides that the city consider shoreline bluffs, hillsides and scenic views as sensitive areas, and discourage obstructions of scenic views; and WHEREAS, the City Council by Ordinance No. 1748, adopted a Zoning Ordinance which provided for the creation of view protection districts; and WHEREAS, the adoption of scenic resource protection and related measures will preserve the aesthetic quality of the community; provide for reasonable development; protect property values; promote or preserve reasonable open space, light, air, and habitat; and otherwise preserve and protect the general health, safety and welfare of the community; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. (1) The City Council finds that the adoption of scenic resource protection and related measures will preserve the aesthetic quality of the community; provide for reasonable development; protect property values; promote or preserve reasonable open space, light, air, and habitat; and otherwise preserve and protect the general health, safety and welfare of the community. (2) These regulations are enacted in recognition of the importance of scenic resources, views, air, habitat, and sunlight to properties within the City of Port Orchard. (3) Trees, whether growing singly, in clusters or in woodland settings, provide a wide variety of significant psychological and tangible benefits for both residents and visitors. Trees contribute to the natural environment by modifying temperatures and winds, replenishing oxygen to the atmosphere and water to the soil, controlling soil erosion, and providing wildlife habitat. Trees contribute to the visual environment by providing scale, color, silhouette and mass, by creating visual screens and buffers to separate structures, and by promoting individual privacy. Trees contribute to the economic environment of the city by stabilizing property values and reducing the need for surface drainage systems. Trees contribute to the cultural environment by becoming living landmarks of the city's history and providing a critical Ordinance No. 1785 Page 2 of 8 element of nature in the midst of urban development. (4) Views produce a variety of significant and tangible benefits for both residents and visitors to the city. Views contribute to the economic environment by substantially enhancing property values. Views contribute to the visual environment by providing inspiring panoramic vistas. Views of attractive subjects with significant horizontal expanse add substantial value to real property. Such views are considered significant in adding to the value of real property by the Kitsap County Assessor. Access to plentiful sunlight enhances livability and promotes the general welfare of the entire community. (5) Trees, views, and access to sunlight and air and the benefits to be derived from each, may come into conflict. Tree planting locations and species selections may produce both intended beneficial effects on the property where they are planted, and unintended deleterious effects on neighboring properties. Trees may block light, cause the growth of moss, harbor plant disease, retard the growth of grass and interfere with the enjoyment of views and sunlight, leading to the lessening of property values. (6) It is in the interest of the public welfare, health and safety to establish standards for light, sun, air, habitat, and scenic resource protection, and the resolution of obstruction and related complaints. (7) These regulations are intended to provide a fair and structured mechanism for protecting scenic resources, and for resolving disputes relating to views and sunlight. (8) The View Protection Overlay District establishes supplementary regulations to allow development without degradation of environmental quality. The View Protection Overlay District designation is intended to enhance the appearance of Pori Orchard to make it a better place to live and work, improve the economic vitality of the city by enhancing the city's attractiveness to its citizens and visitors, and to promote site development that is sensitive to vulnerable or fragile environment resources and conditions, such as air, sunlight, views, and habitat. SECTION 2. Definitions. The definitions contained in this chapter are supplemental to those definitions contained in the Port Orchard Zoning Ordinance, and apply only in the View Protection Overlay District. In the case that any definition in this chapter shall conflict with the definitions in the Zoning Ordinance, these definitions shall govern with respect to view protection and construction within the View Protection Overlay District, When not inconsistent with the context, the words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. In carrying out the intent of this section, words, phrases and terms shall be deemed to have the following meanings ascribed to them: (1) Accessory Structure means any building or structure more than forty (40) square feet or eight (8) feet in height from the uphill elevation of the finished grade at the foundation or slab. if the uphill elevation line is not level, then the average uphill elevation shall be the basis for measurement. An accessory structure is detached from the principal building or structure on the lot or parcel. (2) Building means any substantial form or body which by nature of its size, scale, dimensions, bulk, or use tends to constitute a visual obstruction or to generate activity similar to that of a building or structure. Without limiting the generality of the foregoing, the following Ordinance No. 1785 Page 3 of 8 forms, bodies or structures shall be deemed to fall within this description: overhead canopies or roofs, gas pumps, sheds, garages, green houses, play structures. (3) Building Coverage means the total horizontal surface area of the roof of all buildings or structures, both accessory and principal, on a lot or site. (4) Building Height means the vertical height or distance from the uphill elevation of the finished grade at the foundation or slab to the mid -line of the roof of the building. If the uphill elevation line is not level, the average uphill elevation shall be the basis for measurement. (5) City Council means the duly elected legislative body of the City of Port Orchard. (6) Ca t means the City of Port Orchard, and its officials, employees, officers and agents designated by the City Council to act on behalf of the city. (7) Co mplainant_means acomplaining property owner in the City of Port Orchard who alleges that trees, foliage or structures located on the property of another are causing an unreasonable obstruction of views or sunlight. (8) Dense Screening means trees which are planted or growing closely together which combine to block views or obstruct access to sunlight. (9) Foliage means natural growth of trees, shrubs and other plant life. (10) Neighborhood Character means the existing characteristics in terms of the following: (a) Scale of surrounding residences; (b) Architectural styles and materials; and (c) Building setbacks. (11) Objective Evaluation means an evaluation based upon the values assigned to tree ownership, views and access to sunlight by reasonable persons in the community as opposed to the views of individual affected property owners. (12) Owner means any individual, firm, partnership, corporation, trust or other legal entity owning real property in the City of Port Orchard. (13) Planning Commission means the Planning Commission of the City of Port Orchard. (14) Primary Living or Entertaining Area means an area located between the exterior walls of a residence from which a view is observed most often by the occupants relative to other portions of the residence. The determination of primary living or entertaining area is to be made on a case -by -case basis. (15) Privacy means reasonable protection from intrusive visual observation. (16) Scale means the total square footage and lot coverage of a residence and all ancillary structures. Ordinance No. 1785 Page 4 of 8 (17) Setback means the minimum horizontal distance as prescribed by this chapter, between any property line or private easement boundary used for vehicular and/or pedestrian access and the closest point on any building or structure, below or above ground level, on the property. In cases where there is no structure on a lot, setback shall mean the minimum horizontal distance between the property line or easement boundary line and a line parallel to the property line or easement boundary line. (18) Shall and May. Shall is mandatory and may is permissive. (19) Structure means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which is located on or on top of the ground on a parcel of land, not involving the construction of useable or habitable area. (20) Structure Heiaht means the vertical height or distance from the lowest or downhill elevation of the finished grade at the foundation or slab to the mid -line of the roof of the structure. If the downhill elevation line is not level, the average downhill elevation shall be the basis for measurement. (21) Style means design elements which consist of, but are not limited to; a. Facade treatment; b. Height of structure; c. Open space between structures; d. Roof design; e. The apparent bulk or mass of the structure; and f. The number of stories. (22) Tree means a woody perennial plant which usually, but not necessarily, has a single trunk and a height of twelve feet (12 ft.) or more, or has a diameter of three inches (3 in.) measured one foot above the root crown; references herein to tree shall include the plural. Tree shall include any plant material or shrubbery planted or growing in a dense continuous line twenty feet in length or longer so as to form a thicket or naturally grown fence with an average height in excess of eight feet. (23) Tree Owner means the record owner of the real property on which a tree is located. (24) Unreasonable Obstruction of View means the loss of thirty percent (30%) or more of the horizontal view from the primary living or entertaining area or other significant portion of the complainant's real property. (25) Unreasonable Obstruction of Sunlight means the loss of a portion of direct or indirect sunlight in an amount of thirty percent (30%) or more in a primary living or entertaining area, or other significant portion of the complainant's real property. (26) View. For the purposes of the Port Orchard View Protection Overlay District, a view is defined as a scene or vista located from the viewing property which includes either fresh water creeks; marine waters, including Sinclair Inlet, Rich Passage, Port Orchard Bay; the Cascade or Olympic Mountains, or the Bremerton skyline. A view shall not include vacant land that is developable under city codes. A view may extend in any horizontal direction and shall be considered as a single view, even if broken into segments by trees, foliage, structures or other obstruction. (27) Windowina means a form of thinning by which openings or windows are created to restore views or sunlight. Ordinance No. 1785 Page 5 of 8 SECTION 3. Building and Structure Height Limitations. (1) Residential Zoning Districts. The maximum allowable building height in residential zoning districts (GB, RMH, R4.5, R8, R12, and R20) shall be fifteen feet (15 ft.), except that the allowable building height may be increased up to 33 feet under a conditional use permit if, in addition to the requirements of this chapter, it is demonstrated that the view of adjacent land owners would not be significantly obstructed or reduced, and solar access of neighboring lots is not significantly reduced. The maximum allowable structure height shall be thirty-three feet, provided the maximum building height is not exceeded. (2) Commercial Zoning Districts. The maximum allowable building height in commercial zoning districts (CO, MXD, EO, and CF) shall be twenty-seven feet (27 ft), except that the allowable building height may be increased up to thirty-nine feet (39 ft.) under a conditional use permit if, in addition to the requirements of this chapter, it is demonstrated that: (1) the view of adjacent land owners would not be significantly obstructed or reduced; (2) fire flow is adequate; (3) no unstable slopes or soils are on the building site, and (4) solar access of neighboring lots is not significantly reduced. The maximum allowable structure height shall be forty-eight feet (48 ft.). (3) Additimal Height If necessary to increase a view corridor or reduce the horizontal view obstruction of an adjoining property, the Building Official may permit the maximum allowable building height in any underlying zoning district to be exceeded by one foot (1 ft.) in height for every additional three feet (3 ft.) in additional open lot width above the minimum open lot width required in Section 5 herein, up to a maximum of nine (9) additional feet in height. SECTION 4. Minimum Lot Width Open to View. (1) In all residential zoning districts, all buildings and structures within the View Protection Overlay District shall be designed and constructed in such a manner that each floor maintains a minimum of twenty percent (20%) of the width of the lot open to horizontal view. (2) In all zoning districts, no structure shall extend for more than one hundred feet (100 ft.) at any floor without being interrupted by a space at least ten feet (10 ft.) in width that is open to view. SECTION 5. Setbacks. Setback requirements shall be as specified in Section 5 of "Part Cl: Calculations - Net Useable Site Area" of City of Port Orchard Zoning Code. SECTION 6, Maximum Building Coverage. In all portions of the View Protection Overlay District, site coverage shall be as provided in "Part Cl: Density, Dimensions, and Design Requirements" of the Port Orchard Zoning Ordinance. In addition to said requirements, maximum building coverages are hereby established, as follows: Ordinance No. 1785 Page 6 of 8 Underlying Zone Maximum Building Coverage GB — Green Belt 15% R MH — Mobile home park 40% R 4.5 — Residential 40% R 8 — Residential 45% R 12 — Residential 50% R 20 — Residential 55% CO — Commerical 85% MXD — Mixed Use 85% EO — Employment/Office 85% CIF — Community Facilities 85% SECTION 7. Trees and Foliage - Types and Height. In any View Protection Overlay District, the height of all trees planted in conjunction with new construction or an addition in excess of one hundred square feet (100 sf) shall be coordinated with view corridors and with the height of adjacent buildings to ensure that views are protected. Tree and foliage planting shall be limited to the species of small and medium deciduous trees, deciduous shrubs, evergreen shrubs; and ground covers listed in the "Suggested Landscape Materials" contained in Section C4 - Landscape Standards of the Port Orchard Zoning Ordinance. SECTION 8. Trees -Views and Sunlight. (1) Unreasonable Obstruction Prohibited --Nuisance. No person or party shall plant, maintain or allow to grow any tree or foliage which will or does unreasonably obstruct a view from, or sunlight reaching, the primary living or entertainment area of any other parcel of property within a City of Port Orchard View Protection Overlay District. The unreasonable obstruction of views or sunlight by uncontrolled growth or maintenance of trees in violation of this chapter constitutes a private nuisance subject to private redress through mediation, arbitration or litigation. (2) Nuisance Abatement Process. The Mayor or his/her designee is authorized to develop administrative guidelines for the abatement of private view obstruction nuisances, and resolution of view and sunlight obstruction disputes. SECTION 9. Limitation of Obligations. This chapter shall not apply or be construed to affect obligations imposed by easement, covenants or agreements. SECTION 10, Application: Limitation and Exemption. (1) This chapter shall not apply to trees located on property owned by the city (not including rights -of -way). Individuals who are adversely affected by trees located on property owned by the city may approach the City Engineer for requested relief in accordance with city policy. The potential for obstruction of views or substantial obstruction of sunlight shall be considered by the city when planting trees on property owned by the city. (2) This chapter shall not apply to trees located within city rights -of -way except as provided by city policy. (3) This chapter shall not apply to Significant Trees as defined in the Port Orchard Ordinance No. 1785 Page 7 of 8 Zoning Code. SECTION 11. Tree Removal on City Property. Except for Significant Trees as defined in the Port Orchard Zoning Code, the City Engineer is authorized to trim or remove trees from city property or within the city right-of-way when removal will enhance a view in accordance with city policy. SECTION 12, View Protection District Overlay Adopted - Exemptions. (1) The View Protection Overlay District and boundaries are hereby adopted, as shown on the attached map as Appendix "A", and by this reference thereto incorporated herein as if fully described and set forth. (2) It is recognized that due to topography and other conditions, that there may be a number of parcels or lots within the View Protection Overlay District that do not have views, or if constructed upon, would not reduce or obstruct a view from an adjoining property. (3) A property owner may petition the Council to have his property exempted from the View Protection Overlay District and these regulations. Upon resolution of the City Council, the Council may exempt a property from the requirements of this chapter upon the adoption of findings and conclusions by the City Council, that: (a) The granting of the exemption would not be detrimental to the public health, safety, or welfare or create significant adverse effects to other properties and improvements in the View Protection Overlay District; (b) The granting of such exemption would be in conformance with the policies and goals of the Comprehensive Plan; (c) The view of adjacent property owners would not be obstructed or reduced if the property to be exempted were developed to maximum height and dimensions allowed by the underlying zone, (d) The granting of such exemption would not reduce the solar access of neighboring lots. SECTION 13, Variances. (1) An application for a variance to the provisions of this chapter shall be made and considered in the same manner as other zoning variances as provided in the "City of Port Orchard Planning and Development Procedures". (2) Variance Criteria. The Planning Commission, in granting a variance, shall, in its motion, state the findings and conclusions upon which it relied and shall make its decision upon the following criteria: (a) The strict application of the regulations would deprive the subject property of privileges enjoyed by other properties within the View Protection Overlay District because of special circumstances applicable to the subject property, such as lot size, shape, topography, location or surrounds; (b) The granting of the variance would assure consistency with the limitations upon other properties in the View Protection Overlay District; (c) The granting of the variance would not be detrimental to the public health, safety, or welfare or create significant adverse effects to other properties Ordinance No, 1785 Page 8of8 and improvements in the View Protection Overlay District; (d) The granting of such variance would be in conformance with the policies and goals of the Comprehensive Plan; (e) The existing view of adjacent property owners would not be obstructed or reduced by more than ten (10) percent horizontal. (f) The granting of such variance would not reduce the solar access of neighboring lots. SECTION 14. Appeals. Appeals of variances and staff determinations shall be made and considered in the same manner as other appeals as provided in the "City of Port Orchard Planning and Development Procedures." SECTION 15. Nonconforming Uses. All buildings, structures, trees, and foliage legally established prior to the effective date of this chapter that do not conform with the regulations provided herein shall be allowed to remain as legal nonconforming uses; Provided, however, that there shall be no expansion of a nonconforming use. SECTION 16, Severability. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected. SECTION 17. Repealer. The following is hereby repealed Section 4(c) of Part C1 (Density, dimensions, and design requirements) of Ordinance No. 1748, and that portion of Ordinance No. 1748, to wit, the density and dimensions table found in Section 5: Calculations - net useable site area, related to building heights within a view protection district. SECTION 18, Effective Date. This ordinance shall take effect five days after its passage, approval and publication as provided by law. 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 13t y of December 1999. LESLIE J. WEATHERILL, MAYOR ATTE Patricia Parks, City Clerk Sponsored by: Councilman Geiger U E 1 DRAFT VIEW PROTECTIC DVERLAY DISTRI( RAAD. U a i File !1 :J ?J = Ll I A •'4