HomeMy WebLinkAbout1748 - Ordinance - Zoning OrdinanceZONING ORDINANCE AMENDMENTS
The following is a list of amendments made to the Port Orchard Zoning Ordinance and/or
Map as provided for in Ordinance No. 1748
Ordinance 1785 12/13/99
Ordinance 1793; 5/24/00
Ordinance 1795; 6/12/00
Ordinance 1821; 6/11//01
Ordinance 1858; 5/28/02
Ordinance 1859; 5/28/02
Ordinance 1860; 6/24/02
Ordinance 1876; 12/9/02
Ordinance 1883; 1/13/03
Ordinance 1888; 1/13/03
Ordinance 1893; 2/24/03
Ordinance 1895; 3/10/03
Ordinance 1900; 5/12/03
Ordinance 1901; 5/12/03
Ordinance 1905; 5/27/03
Ordinance 1908; 7/14/03
Section 4(c) of part C1 & Section 5 View Protection
Map (R1132)
Map (R-1133)
Map (Scriveners Error Correction)
Map (Scriveners Error Correction)
Social Services Clinics as Permitted in EO
PRD Criteria
Religious Organizations as Permitted in C & MXD
Map (R1139)
Map (R1142)
Map — Identifying Site Specific Rezones
Retention Of Significant Trees
Map - Annexation (Talmo -Tallman)
Adding Use Classification & other Clarifying Amendments.
Map (R-1144)
Map (R1146)
Contents
Part A: Administrative mechanisms
Al: Authority, purpose, interpretation, administration, severability, 1
and penalties
A2: Administrative mechanisms 9
A3: Definitions - technical terms 19
Part B: Zoning districts
B 1: Zones, maps, and designations 55
B2: Definitions - land use 65
B3: Permitted, conditional, and special use tables 89
134: Nonconformance and temporary uses 103
135: Property specific development and special district overlays 109
Part C: General development requirements
C 1: Density, dimensions, and design requirements 115
C2: Design guidelines 123
C3: Parking and vehicular circulation 151
C4: Landscape standards 167
Appendix
A: Standard industrial classification (SIC) manual index 189
B: Plats recorded through 1910 209
Contents
Planning and development procedures
1: Application and review procedures 1
2: Comprehensive plan amendments/zone adjustment procedures 13
3: Zoning variances 21
4: Boundary line adjustments 27
5: Appeal procedures 31
Part A:
Administrative Mechanisms
Al: Authority, purpose, interpretation, administration, severability,
and penalties
Sections:
Section 1: Title
Section 2: Authority
Section 3: Purpose
Section 4: Conformity with this document required
Section 5: Minimum requirements
Section 6: Interpretation - general
Section 7: Interpretation - standard industrial classification
Section 8: Interpretation - zoning maps
Section 9: Interpretation - street right-of-way
Section 10: Administration and review authority
Section 11: Severability
Section 12: Repealer
Section 13: Violations defined
Section 14: Permit suspension, revocation or modification
Section 15: Violations and penalties
Section 1: Title
This document shall be known as the Port Orchard Zoning Ordinance, hereinafter
referred to as the "ordinance" or "this document".
Section 2: Authority
a: The Port Orchard Zoning Ordinance is enacted under the authority granted to the City
of Port Orchard by the Constitution of Washington State, Chapter 35.23 of the Revised
Code of Washington (RCW), and other sections of the RCW's.
Section 3: Purpose
a: The general purposes of the Port Orchard Zoning Ordinance are to:
1) Encourage land use decision making in accordance with the public interest and
applicable laws of Washington State.
2) Protect the general health, safety, and welfare.
3) Implement the Port Orchard Comprehensive Plan's policies and objectives
through land use regulations.
4) Provide for the economic, social, and aesthetic advantages of orderly development
through harmonious groups of compatible and complementary land uses and the
application of appropriate development standards.
5) Provide for adequate public facilities and services in conjunction with
development.
6) Promote general public safety by regulating development of lands containing
physical hazards and to minimize adverse environmental impacts of development.
b: In carrying out these purposes, the Zoning Ordinance shall:
1) Establish goals, policies, and plans for the land use and development of the
community.
2) Provide for the implementation of the goals, policies, and plans through the
adoption, administration, and enforcement of plans, regulations, procedures, capital
improvements, and municipal services and programs.
c: The Port Orchard Zoning Ordinance shall be used as a basis for the continual review
and revision of Port Orchard's land use and development goals, policies, regulations, and
procedures.
d: The Port Orchard Zoning Ordinance shall be the basis for designating land use zones,
applying development requirements, and guiding development in areas presently outside
the city but which may be annexed subsequent to the adoption of the ordinance. The Port
Orchard Zoning Ordinance is to be used as a guide by other governmental agencies when
taking action within the Port Orchard urban growth area (UGA).
Section As Conformity with this document required
:
a: No use or structure shall be established, substituted, expanded, constructed, altered,
moved, maintained, or otherwise changed except in conformance with this ordinance.
b: Creation of or changes to lot lines shall conform with the use provisions, dimensional,
and other standards, and procedures of this ordinance.
c: All land uses and development authorized by this ordinance shall comply with other
regulations and or requirements of this document and any other local, state or federal
agency that has jurisdiction over land uses and development. Where a difference exists
between this document and other regulations, the more restrictive requirements shall
apply.
d: Where more than one part of this document applies to the same aspect of a proposed
use or development, the more restrictive requirement shall apply.
e: It is not intended by this ordinance to interfere with or abrogate or anul any easements,
covenants, or other agreements between parties. Where this ordinance imposes a greater
restriction upon the use of buildings, or land or upon height of buildings, or requires
larger spaces than is imposed or required by other resolutions, rules or regulations or by
easements, covenants, or other agreements, the provisions of this ordinance shall govern.
Section 5: Minimum requirements
a: In interpretation and application, the requirements set forth in this document shall be
considered the minimum requirements necessary to accomplish the purposes of the Port
Orchard Zoning Ordinance.
b: This document shall not be construed as limiting the legislative discretion of the City
Council to further restrict the permissive uses or to withhold or revoke permits for uses
where, notwithstanding the existence of the minimum standards herein set forth, the
promotion or protection of the public health, morals, safety and welfare bears a
substantial relation to such withholding, denial or revocation of permits or uses.
Section 6: Interpretation - general
a: Regulations, conditions or procedural requirements that are specific to an individual
land use shall supersede regulations, conditions, or procedural requirement of general
application.
b: A land use includes the necessary structures to support the use unless specifically
prohibited or the context clearly indicates otherwise.
c: Chapter and section headings, captions, illustrations, and references to other sections
or titles are for reference or explanation only and shall not be deemed to govern, limit,
modify, or in any manner affect the scope, meaning, or intent of any section. In case of
any ambiguity, difference of meaning or implication between the text and heading,
caption, or illustration - the text and the permitted use tables shall control. All applicable
requirements shall govern a use whether or not they are cross-referenced in a text section
or land use table.
d: The word "shall" is mandatory, the word "should" is advisable, and the word "may" is
discretionary.
e: Unless the context clearly indicates otherwise, words in the present tense shall include
past and future tense, and words in the singular shall include the plural, or vice versa.
Except for words and terms included in this title, all words and terms used in this title
shall have their customary meanings.
a: All references to the Standard Industrial Classification (SIC) are to the classification
system found in the Standard Industrial Classification Manual, 1987 edition, prepared by
the United States Office of Management and Budget. The SIC is used with modifications
to suit the purposes of this document and to list and define land uses authorized to be
located in the various zones.
b: The SIC categorizes each land use under a general 2-digit major group number, or
under a more specific 3 or 4-digit industry group or industry number. A use shown on a
land use table with a 2-digit number includes all uses listed in the SIC for that major
group. A use shown with a 3 or 4-digit number includes only the uses listed in the SIC
for that industry group or industry, respectively, and the uses so listed are excluded from
the respective major group.
c: An asterisk (*) in the SIC number column of a land use table means that the SIC
definition for the specific land use identified has been replaced by a definition in this
document. The definition may include one or more SIC subclassification numbers, or
may define the use without reference to the SIC.
d: The Planning Commission shall determine whether a proposed land use not
specifically listed in a land use table or specifically included within a SIC classification is
allowed in a zone. The Planning Commission's determination shall be based on whether
or not permitting the proposed use in a particular zone is consistent with the purposes of
this document and the zone's purposes as set for in this document considering the
following factors:
1) The physical characteristics of the use and its supporting structures, including
but not limited to scope, traffic, and other impacts, and hours of operation.
2) Whether or not the use complements or is compatible with other uses permitted
in the zone.
3) The SIC classification, if any, assigned to the business or other entity that will
carry on the primary activities of the proposed use.
Section S: interpretation - zoning map
Where uncertainties exist as to the location of any zone boundaries, the following rules of
interpretation, listed in priority order, shall apply:
a: Where boundaries are indicated as paralleling the approximate centerline of the street
right-of-way, the zone shall extend to each adjacent boundary of the right-of-way. Non
road -related uses by adjacent property owners, if allowed in the right-of-way shall meet
the same zoning requirements regulating the property owners lot.
b: Where boundaries are indicated as following approximate lot lines, the actual lot lines
shall be considered the boundaries.
c: Where boundaries are indicated as following lines or ordinary high water, or
government meander line, the lines shall be considered to be actual boundaries. If these
lines should change the boundaries shall be considered to move with them.
d: If none of the rules of interpretation described in the above subparagraphs apply, then
the zoning boundary shall be determined by map scaling.
Section 9: Interpretation - right-of-way
a: Except when such areas are specifically designated on the zoning map as being
classified in one of the zones provided in this document, land contained in rights -of -way
for streets or alleys shall be considered unclassified.
b: Within street or alley rights -of -way, uses shall be limited to street purposes as defined
by law.
c: Where such right-of-way is vacated, the vacated area shall have the zone classification
of the adjoining property with which it is first merged.
Section 10: Administration and review authority
a: The City Council shall have authority to hold public hearings and make decisions on
annexations, comprehensive plan amendments, zoning adjustments, and any appeals of
decisions made by the Planning Commission as specified in this code.
b: The Planning Commission shall have the authority to recommend to City Council
proposals to grant, condition or deny applications for comprehensive plan amendments
and zoning adjustments.
c: The Planning Commission shall have the authority to hold public hearings and grant,
condition or deny applications for zoning variances.
d: The City Engineer shall have the authority to hold public review sessions and make
decisions on boundary line adjustments and preliminary site plan/design reviews.
e: The City Engineer shall have the authority to grant, condition or deny building permits.
f: The City Engineer shall have the authority to grant, condition or deny grading and
clearing permits.
g: The City Council shall have final appeal authority of staff determinations.
h: Except for other agencies with authority to implement specific provisions of this
document, the City Council shall have the sole authority to issue official interpretations
of this title.
Section I I e Severahility
Should any chapter, section, subsection, paragraph, sentence, clause or phrase of this
document be declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining portion of this document.
Section 12: Repealer
This Port Orchard Zoning Ordinance integrates and combines all rules and regulations of
the City of Port Orchard pertaining to land use and environmental control. Therefore, the
following ordinances or parts of ordinances are repealed and all other ordinances or parts
of ordinances in conflict are superseded to the extent of their conflict:
a: Ordinance 1469 - The Port Orchard Comprehensive Zoning Ordinance including the
July 1993 revisions,
b: Ordinance 1492 - Open Storage Yards,
c: Ordinance 1508 - Special Condition for Land Use Reclassifications,
d: Ordinance 1509 - Parking and Circulation Requirements,
e: Ordinance 1510 - Repealing previous ordinances,
£ Ordinance 1514 - Landscape Standards for Commercial Development,
g: Ordinance 1541 - Landscape Standards for Commercial Developments, Industrial
Developments, Public Property Developments and relating to uses permitted upon
issuance of a Special Use Permit,
h: Ordinance 1574 - Landscape Standards for Commercial Developments, Industrial
Developments, Public Property Developments and relating to uses permitted upon
issuance of a Special Use Permit and repealing ordinance 1541, and
is Ordinance 1575 - Hazardous Waste and Storage Facilities.
Section 13: Violations defined
No building permit or land use approval in conflict with the provisions of this code shall
be issued. Structures or uses which do not conform to this code, except legal
nonconformance as specified herein and approved variances, are violations subject to the
enforcement, penalty, and abatement provisions of this code, including but not limited to:
a: Establishing a use not permitted in the zone in which it is located;
b: Constructing, expanding or placing a structure in violation of setback, height, and
other dimensional standards;
c: Establishing a permitted use without complying with applicable development standards
set forth in other codes, regulations, ordinances, rules or other laws, including but not
limited to road construction, surface water management, fire codes, and rules of the
Department of Public Health;
d: Failing to carry out or observe conditions of land use or permit approval including
contract development standards of property -specific agreements.
e: Failing to secure required land use or permit approval prior to establishing a permitted
use; and
f. Failing to maintain site improvements, such as landscaping, parking or drainage control
facilities as required in this code or other ordinances.
Section 14: Permit sus en nsinn, revocation or modification
a: Any permit, variance, or other land use approval issued by the city pursuant to this
code may be suspended, revoked or modified on one or more of the following grounds:
1) The approval was obtained by fraud;
2) The approval was based on inadequate or inaccurate information;
3) The approval, when given, conflicted with existing laws or regulations
applicable thereto;
4) An error of procedure occurred which prevented consideration of the interests
of persons directly affected by the approval;
5) The approval or permit granted is being exercised contrary to the terms or
conditions of such approval or in violation of any statute, law or regulation;
6) The use for which the approval was granted is being exercised in a manner
detrimental to the public health or safety;
7) The holder of the permit or approval interferes with any authorized city
representative in the performance of their duties;
b: Authority to revoke or modify a permit or land use approval shall be exercised by
issuer, as follows:
1) The City Council may revoke or modify any zone reclassification, conditional
or special use permit, subdivision, or site plan approval;
2) The City Council may revoke or modify any variance, provided that if the
variance was reviewed through a public hearing, a new public hearing shall be held on
the permit's revocation or modification.
c: A proposal to revoke or modify any permit, variance or land use approval may be
initiated by:
1) The City Council or Planning Commission if they were the party who issued
the permit or land use approval; and
2) Persons who are aggrieved may petition the issuing agency to initiate
revocation or modification proceedings, and may petition the agency to suspend a permit,
variance or land use approval pending a public hearing on its revocation or modification.
Section 1.5: Violations and penalties
a: Any premises which have been constructed, equipped or used in violation of this
ordinance shall be posted with a sign directing the vacation of the entire premises within
10 days from the date noted thereon. Any person removing such sign without the
permission of the proper authority shall be guilty of a civil infraction, and shall be
punished by a fine as prescribed by the Port Orchard Municipal Code.
b: Any business, property owner, and/or other person who violates the standards set forth
in this code or the more stringent standards imposed by the City Engineer, Planning
Commission, and/or City Council as allowed herein, shall be guilty of a civil infraction.
Said violation shall be punished by a fine as prescribed by the Port Orchard Municipal
Code.
c: The city shall also have the right to abate any violations of this code by seeking
injunctive relief in the Kitsap County Superior Court. The business, property owner,
and/or other person responsible for the violations shall be required to pay all the city's
legal costs including reasonable attorney's fees.
A2: Administrative mechanisms
Sections•
Section 1: Purpose
Section 2: City Planner (Planner)
Section 3: City Planner - duties
Section 4: Building Official
Section 5: Application Review Committee (ARC)
Section 6: Application Review Committee (ARC) - composition
Section 7: Application Review Committee (ARC) - duties
Section 8: Application Review Committee (ARC) - rules
Section 9: Application Review Committee (ARC) - staff services
Section 10: Planning Commission (Commission)
Section 11: Planning Commission - authority and duties
Section 12: Planning Commission - advisory committees
Section 13: Planning Commission - voting membership
Section 14: Planning Commission - advisory lay members
Section 15: Planning Commission - advisory technical members
Section 16: Planning Commission - appointment of members
Section 17: Planning Commission - selection of officers
Section 18: Planning Commission - compensation and assistance
Section 19: Planning Commission - staff services
Section 20: Planning Commission - term of service
Section 21: Planning Commission - removal
Section 22: Planning Commission - rules
Section 23: Planning Commission - public notification
Section 24: Planning Commission - quorum and voting
Section 25: Planning Commission - conflict of interest
Section 1: Purpose
a: The purpose of this chapter is to define the general responsibilities of the City Planner
(Planner), Application Review Committee (ARC), and Planning Commission
(Commission).
b: This chapter is not intended to address the responsibilities of the Planning staff or City
Planner in areas outside of development administration.
City Planner and Building Official
a: The City Planner (Planner), as the duly authorized representative of the Mayor, and in
conjunction with the Application Review Committee (ARC), is charged with the
responsibility of carrying out the provisions of the shorelines regulations, comprehensive
plans, and zoning ordinances for Port Orchard.
b: The City Planner (Planner) shall serve in an advisory capacity to the Council and
Planning Commission in comprehensive planning and zoning matters.
c: The City Planner, while retaining overall responsibility, may delegate specific tasks to
other Planning staff members.
Section 3: City Planner - duties
a: The City Planner shall process zoning applications and prepare a report summarizing
the factors and the Application Review Committee's (ARC) findings involving an
application, and may make recommendations on development proposals.
b: The City Planner shall perform the following tasks:
1) Prepare and publish all public hearing notices related to planning, zoning, and
land development activity.
2) Draft responsive correspondence for the Application Review Committee
(ARC).
3) Monitor the payment of development fees related to SEPA, rezones, variances,
and any other fees within the purview of the Application Review Committee (ARC).
4) Receive and review initial applications pertaining to the Application Review
Committee (ARC) for the purpose of making certain application fees are paid and to
determine the general completeness of the applications.
Section 4: Building Official
a: The Office of the Building Official is established to administer and enforce building
and construction codes.
b: The rules, regulations, and procedures under which the Building Official shall operate
are established by the City Council in accordance with State and Federal laws.
Application Review Committee (ARC)
An Application Review Committee (ARC) is created to bring multidisciplinary
knowledge and judgement to situations that emerge through the application of this
ordinance and other matters of Port Orchard's planning, design, and development.
Section 6: Application Review Committee (ARC, - composition
a: An Application Review Committee (ARC) is hereby created consisting of the City
Planner and the City Engineer/Public Works Director.
b: At their discretion and when the situation warrants, the Application Review
Committee (ARC) may also include the Building Inspector, Fire Authority, City
Attorney, and other department heads.
c: The Application Review Committee (ARC) may also commission or hire consultants
(after receiving City Council approval) or other individuals or organizations to advise on
environmental, ecological, engineering, urban design, architecture, landscape
architecture, graphics, art, historical preservation, or other applied expertise as the ARC's
members find appropriate from time to time including to review and advise on applicant
submissions.
d: In the event staffing levels, changes in personnel, or other factors permanently or
temporarily eliminate any of the staff positions or regular ARC members, the remaining
ARC members shall constitute the Application Review Committee (ARC) with full
authority as outlined herein.
Section 7: Application Review Committee (ARC) - duties
a: The Application Review Committee (ARC) shall review all applications and report its
findings, conclusions, and recommendations to the appropriate body prior to that
authority making its decision or recommendation.
b: The Application Review Committee (ARC) shall be responsible for:
1) reviewing plat applications;
2) reviewing site plans required for zoning and plat applications;
3) performing as the lead agency under the State Environmental Protection Act
(SEPA) including the assessment of impacts and the issuance of impact statements;
4) carrying out the provisions of the city's regulatory ordinances and codes
including shoreline development and subdivision; and
5) other duties specified in this ordinance or by Mayor and Council.
c: The Application Review Committee (ARC) shall act in an advisory capacity to the
Mayor, Council, and Planning Commission; and to other city departments, agencies,
boards, and bodies.
Section R: Application Review Committee (ARC) - rules
The Application Review Committee shall determine its own operational rules and
procedures. Such rules shall include procedures for the review of permit applications and
projects if not provided for in this ordinance.
Section 9: Application Review Committee (ARC) - staff services
a: The City Planner (Planner) shall be responsible for the general administration of the
Application Review Committee's (ARC) duties.
b: The City Planner may request staff services from other city departments for the
purpose of administering the Application Review Committee (ARC).
Planning Commission (Commission)
Section 10: Planning Commission
The Mayor and Council of Port Orchard hereby create a Planning Commission -
sometimes referred to herein as the Commission. The Commission shall serve in an
advisory capacity to the Mayor and Council on matters of planning, development, and
design review issues and determinations.
Section 11: Planning Commission - authority and duties
a: The Planning Commission shall have all of the powers set forth in the Revised Code of
Washington (RCW) Chapter 35.63, other provisions of state law, and such additional
powers as established by Council.
b: The Planning Commission's powers shall include, but not be limited to:
1) When specifically requested by the City Council, the Planning Commission
shall make studies and recommendations to the Council concerning goals,
objectives, and policies governing all elements of the comprehensive plan
relating to the growth, development, and redevelopment of the Port Orchard's
corporate lands and the land in the surrounding Port Orchard urban growth
area.
2) When specifically requested by the City Council, the Planning Commission
shall develop and make recommendations to the Council concerning policies,
ordinances, administrative procedures, and other means for carrying out
comprehensive plan elements in a coordinated and efficient manner.
3) Making recommendations to the Council concerning proposed conditional use
permits, proposed special use permits, proposed zoning map changes, and making
recommendations on long plats as provided in state law and the Port Orchard subdivision
ordinance. In carrying out such duties, the Planning Commission shall review available
information, maintain an accurate record of the proceedings, determine findings from the
record, and form conclusions in support of recommendations. The findings and
recommendations shall also set forth the manner in which the recommendation carries
out and conforms to this ordinance. Such findings and recommendations shall be
presented to the City Council.
4) Processing variance applications, conducting public hearings related thereto,
and rendering decisions thereon as described in this code or as delegated by the Council.
In carrying out such duties, the Planning Commission shall review available information,
maintain an accurate record of the proceedings, determine findings of fact from the
record, and form conclusions in support of recommendations and decisions. The findings
and conclusions shall also set forth the manner in which the recommendation or decision
carries out and conforms to this ordinance.
5) Performing any other duties assigned by the Mayor or Council.
c: The Planning Commission may adopt rules and regulations governing its procedures
and operations not inconsistent with the provisions of this chapter.
Section 12: Planning Commission - advisory committees
a: The Mayor or Council may create ad hoc committees to include one or more members
of the Commission, city staff, outside consultants, citizens and/or other parties for special
studies or subjects or planning areas.
b: Such committees may be created to provide in-depth study of a particular subject or
area of the city. For example, the Mayor or Council may appoint advisory committees to
consider economic development plans, housing plans, urban design standards, trail and
park developments, and the like for the city -at -large and/or for any subarea.
c: Advisory committee members shall lend their talents, energies, and expertise to the
Planning Commission. However, the Planning Commission shall decide and make all
formal recommendations to the Council.
Section 13e Planning Commission - voting memhersW
a: The Commission shall consist of no more than 8 voting members. The Chairperson
shall vote only in order to break a tie. The voting members shall fairly and fully
represent the interests in and of Port Orchard, and shall include a minimum of 7 residents
who live within corporate city limits and may include one member who resides within the
Port Orchard urban growth area.
b: Mayor and Council shall strive to maintain a majority of the Commission who are
residents of the city provided, however, that if a member who lives within city limits
should move to a location within the urban growth area such member will not
automatically be disqualified from serving.
Section 14: Planning Commission -nonvoting visory lay members
a: Advisory lay members of Planning Commission committees may include 1 or more
representatives selected by the Mayor or Council who are:
1) Owners of real property within the city or urban growth area.
2) Retail merchants, professional persons, persons operating commercial services,
institutional representatives, and persons of any other activities operating on the premises
of property located within the city or urban growth area.
3) Representatives of community oriented business, professional, service, and
institutional groups within Port Orchard.
4) Representatives of other commissions, boards, advisory groups or other like
bodies interested and concerned with Port Orchard's design and development.
5) Representatives of other organizations or bodies that have indicated an interest
and concern with continuing Port Orchard's design and development, such as historic and
architectural preservation leagues, urban revitalization and renewal efforts, garden clubs
and beautification leagues, arts commissions, and like citizen groups.
Section 15: Planning Commission -nonvoting advisory technical members
a: Advisory technical members of the Commission may include representatives of the:
1) Planning Department,
2) Public Works and Engineering Department,
3) Police Department,
4) Fire Department,
5) any other city function the Mayor and Council find appropriate from time to time.
b: The Commission may also commission or hire consultants or other individuals or
organizations to advise on environmental, ecological, engineering, urban design,
architecture, landscape architecture, graphics, art, historical preservation, or other applied
expertise as the Commission's voting, advisory or technical members find appropriate
from time to time including to review and advise on applicant submissions after first
receiving City Council permission to do so.
Section 16: Planning Commission - appointment of members
The voting members of the Commission shall be named and appointed by the Mayor,
subject to the ratification and approval of Council.
Section 17: Planning Commission - selection of officers
a: At the Commission's first meeting in each year, the Commission shall, by majority
vote of its membership (excluding vacant seats) elect one of its members to serve as
Chairperson and preside over the board's meetings and one member to serve as
Vice -Chairperson. The persons so designated shall serve for a term of one year.
Vacancies in these offices may be filled for the unexpired terms only by majority vote of
the Commission membership (excluding vacant seats).
b: The Chairperson and Vice -Chairperson may take part in all deliberations.
Section Is: Planning Commission - assistance
a: Members shall attend Commission meetings, consult with the members on all phases
of the Commission's duties and responsibilities, make recommendations, and perform
such studies or other as may be required by the Commission.
Section 196 Planning Commission - staff services
a: The City Planner shall be responsible for the general administration of the Commission
and may request staff services from the other city departments as need be to conduct and
complete Commission business.
b: Secretarial and stenographic services shall be furnished and made available by city
staff as need be to record the results of all meetings, proposals, findings or other of the
Commission in the performance of its duties.
Section 20_ Planning Commission - term of service
a: The term of service for the voting members of the Commission shall be 6 years. The
initial terms shall be staggered so that positions expire in offset fashion.
b: At the time of appointment, the Council minutes shall designate the position to which a
person is being appointed and state the expiration date of the term. A serving member's
term shall be automatically extended beyond the expiration date until a successor is
appointed and confirmed by Council.
c: Voting members may be reappointed upon the expiration of any term providing such
member is then and continues to be eligible for membership according to the provisions
of this ordinance.
d: If a member moves outside the Port Orchard urban growth area, that shall constitute a
resignation from the Commission, effective upon the date a replacement is appointed by
Council. Mayor and City Council may, however, by council resolution, temporarily
extend the term of a commissioner who moves out of the city and urban growth area to
provide for continuity of specific projects or planning processes.
Section 21: Planning Commission - removal
a: Members may be removed by the Council at any time for failure to attend 3
consecutive meetings or for failure to attend 30 percent or more of the meetings within
any 12-month period unless waived by the Council by majority vote.
b: Removal of any voting or advisory member shall be on recommendation of the Mayor,
concurred with by a majority of the Council.
c: The Council, upon the request of the member proposed for removal, may hold a
hearing on the removal before it comes effective.
Section 22: Planning Commission - rules
a: The Commission shall establish a regular meeting schedule and shall meet frequently
enough so that the Commission can perform the duties prescribed herein. The
Commission shall hold not less than 9 meetings in each year and should hold at least one
regular meeting per month. Generally, the Commission shall meet on the third Monday of
each month at 7:00 pm at the Port Orchard City Hall.
b: The Commission shall adopt rules for the transaction of business and shall keep a
written record of its meetings, resolutions, transactions, findings, and determinations
which shall be a public record. The meetings of the Planning Commission, except for
executive sessions thereof as may be authorized by law, shall be tape recorded.
c: All Commission meetings shall be open to the public, and whenever feasible, the
agenda for each Commission meeting shall be made available in advance of the meeting.
Section 23: Planning Commission - nuhlic notification
a: Whenever the Commission is called upon to make a recommendation concerning a
conditional use permit request, special use permit request, or a minor zoning amendment
proposal, the planning staff shall post on or near the subject property 1 or more notices
that are sufficiently conspicuous in terms of size, location, and content to provide
reasonably adequate notice to potentially interested persons of the matter that will appear
on the Commission's agenda at a specified date and time.
b: Such notice(s) shall be posted at least 10 days prior to the meeting at which the matter
is to be considered. The planning staff shall also send written notice to adjoining property
owners if and to the extent required by any regulation or requirement of the Commission.
Section 24: Planning (commission - quorum and voting
a: A majority of the appointed and qualified members shall constitute a quorum for the
transaction of business, provided that at least 5 shall be required to constitute a quorum,
excluding any disqualifications.
b: Any action taken by a majority of those present, when those present constitute a
quorum, at any regular or special meeting of the Commission, shall be deemed and taken
as the action of the Commission.
c: Any number less than a quorum shall be authorized to convene a meeting at the time
set and to adjourn, recess or continue a regular or special meeting to a date and time
certified and entered upon the minutes without the necessity of further notice.
Section 25: Planning Commission - conflict of interest
Members of the Commission shall disqualify themselves from involvement in
Commission actions in which they have an interest.
A3: Definitions - technical terms
This chapter defines technical and procedural terms used throughout this code in order to
simplify wording, give meaning of a technical term, or to eliminate ambiguity. Some
definitions differ from definitions of the same words in standard dictionaries. Where this
occurs, the definitions in this code shall prevail. Words not defined shall be presumed to
have common and universally accepted dictionary meanings. The present tense includes
the future tense; and the plural number includes the singular. The word "shall" is
mandatory; the word "may" is permissive. Terms not defined herein shall be defined
pursuant to the Revised Code of Washington (RCW) 82.02.090, or given their usual and
customary meaning.
sections:
Section 1: Accessory use or structure
Section 2: Act - GMA
Section 3: Adjacent
Section 4: Adult entertainment merchandise
Section 5: Aggrieved party
Section 6: Agricultural products
Section 7: Alley
Section 8: Alteration
Section 9: Animal - small
Section 10: Applicant
Section 11: Application Review Committee (ARC)
Section 12: Approval - preliminary
Section 13: Approval - final
Section 14: As-builts
Section 15: Basal area
Section 16: Biologist
Section 17: Block
Section 18: Bond
Section 19: Boundary line adjustment
Section 20: Building
Section 21: Building area
Section 22: Building coverage
Section 23: Building envelope
Section 24: Building facade
Section 25: Building permit
Section 26: Building setback
Section 27: Buffer
Section 28: Canopy
Section 29: Capacity - residential holding
Section 30: Capital facilities
Section 31: Capital facilities plan
Section 32: City
Section 33: City Clerk
Section 34: City Engineer
Section 35: Clearing
Section 36: Commission
Section 37: Community park
Section 38: Comprehensive plan
Section 39: Concomitant agreement
Section 40: Conditional use permit
Section 41: Construction - new
Section 42: Construction - start of
Section 43: Council
Section 44: Courtyard
Section 45: Coverage - building
Section 46: Coverage - site
Section 47: Critical facilities
Section 48: Cul de sac
Section 49: Dedication
Section 50: Developer
Section 51: Development
Section 52: Development activity
Section 53: Development agreement
Section 54: Development approval
Section 55: Development proposal
Section 56: Development proposal site
Section 57: Dock
Section 58: Drop box facility
Section 58: Dwelling unit - condominium
Section 60: Dwelling unit - multifamily
Section 61: Dwelling unit - single family attached
Section 62: Dwelling unit - single family detached
Section 63: Easement
Section 64: Elderly
Section 65: Electrical conversion substation
Section 66: Engineering drawings
Section 67: Enhancement
Section 68: Equipment - heavy
Section 69: Equipment - light
Section 70: Erosion
Section 71: Evergreen
Section 72: Factory -built commercial building
Section 73: Family
Section 74: Family - foster
Section 75: Fence
Section 76: Floor - lowest
Section 77: Forest land
Section 78: Forest practice
Section 79: Geologist
Section 80: Geotechnical engineer
Section 81: GMA
Section 82: Grading
Section 83: Grazing area
Section 84: Groundcover
Section 85: Hazardous household substance
Section 86: Hazardous waste
Section 87: Hazardous waste - storage
Section 88: Hazardous waste - treatment
Section 89: Hazardous waste - treatment and storage facility off -site
Section 90: Hazardous waste - treatment and storage facility on -site
Section 91: Home - manufactured
Section 92: Home - mobile
Section 93: Home - modular
Section 94: Home park or subdivision - mobile
Section 95: Houseboat
Section 96: Household pets
Section 97: Impact - direct traffic
Section 98: Impervious surface
Section 99: Improved public roadways
Section 100: Landscaping
Section 101: Landslide
Section 102: Level -of -service (LOS)
Section 103: Livestock
Section 104: Livestock - large
Section 105: Livestock - small
Section 106: Loading space
Section 107: Lot
Section 108: Lot - corner
Section 109: Lot - frontage
Section 110: Lot - measurements
Section 111: Lot - through
Section 112: Lot - types
Section 113: Lot area - minimum
Section 114: Lot line - interior
Section 115: Lot line - zero
Section 116: Marina
Section 117: Material error
Section 118: Microwave
Section 119: Mitigation
Section 120: Mobile home
Section 121: Mobile home - park
Section 122: Modification - major
Section 123: Monument
Section 124: Naturalized species
Section 125: Nonconforming - structure
Section 126: Nonconforming - use
Section 127: Nonconformance
Section 128: Normal rainfall
Section 129: Noxious weed
Section 130: Official plans
Section 131: Open-work fence
Section 132: Ordinances
Section 133: Owner
Section 134: Parks study
Section 135: Parking lot aisle
Section 136: Parking lot unit depth
Section 137: Parking space
Section 138: Parking space - off-street
Section 139: Parking space angle
Section 140: Party of record
Section 141: Peak hour
Section 142: Permit - site development
Section 143: Permit - special use
Section 144: Permit - temporary use
Section 145: Person
Section 146: Pier
Section 147: Planning Commission
Section 148: Plat
Section 149: Plat - preliminary
Section 150: Plat - final
Section 151: Plat - short
Section 152: Plat - long
Section 153: Port Orchard
Section 154: Private
Section 155: Private road
Section 156: Projects improvement
Section 157: Public agency
Section 158: Public facilities
Section 159: Public street or right-of-way
Section 160: Reasonable use
Section 161: Recreational vehicle (RV)
Section 162: Recyclable material
Section 163: Regional retention/detention facility
Section 164: Regional utility corridor
Section 165: Restoration
Section 166: Retail - comparison
Section 167: Retail - convenience
Section 168: Retention/detention facility
Section 169: Right-of-way
Section 170: Road
Section 171: Roads study
Section 172: School
Section 173: School district
Section 174: Sensitive area
Section 175: Sensitive area review
Section 176: Sensitive area setback
Section 177: Setback
Section 178: Setback - interior
Section 179: Setback - street
Section 180: Shoreline master program
Section 181: Sign
Section 182: Significant tree
Section 183: Site area - minimum
Section 184: Site area - useable gross
Section 185: Site area - useable net
Section 186: Site plan specific
Section 187: Specified sexual activities
Section 188: Square footage
Section 189: State
Section 190: Storage yard - open
Section 191: Stream
Section 192: Street
Section 193: Street frontage
Section 194: Structure
Section 195: Structure - alteration
Section 196: Subdivider
Section 197: Subdivision
Section 198: Subdivision - long
Section 199: Subdivision - short
Section 200: Substantial development or improvement
Section 201: Substantial progress
Section 202: Surety
Section 203: System improvements
Section 204: Testamentary
Section 205: Tightline to a sewer
Section 206: Transmission equipment
Section 207: Transmission structure
Section 208: Transmitter building
Section 209: Transportation system management (TSM)
Section 210: Ultimate roadway section
Section 211: Understory
Section 212: Use
Section 213: Use - permitted
Section 214: Use - principal
Section 215: Use - secondary
Section 216: Use —conditional
Section 217: Use - special
Section 218: Variance
Section 219: Vegetation
Section 220: Vegetation - native
Section 221: Violation
Section 222: Wetland
Section 223: Yard
Section 224: Yard - types
Section 1: Accessory use or structure
Use of a structure on the same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure.
Section 2: Act - GMA
The Growth Management Act (GMA), Chapter 17, Law of 1990, 1 st Extended Session,
Revised Code of Washington (RCW) Chapter 36.70A et sequitur, and Chapter 32 Laws
of 1991, 1st Special Session, Revised Code of Washington (RCW) 82.02.050 et sequitur,
as now in existence or hereafter amended.
Section 3: Adjacent
For the purposes of sensitive areas, adjacent is within 500 feet of a sensitive area.
Section 4: Adult entertainment merchandise
Includes items designed or marketed for use in conjunction with "specified sexual
activities".
A parry who suffers a direct and adverse effect upon their personal, pecuniary or property
rights by a decision of the City Council or the Planning Commission.
Section 6: Agricultural products
Items resulting from the practice of agriculture, including crops such as fruits, vegetables,
grains, seed, feed, and plants, or animal products such as eggs, milk, and meat, or animal
byproducts such as fertilizer.
Section 7: Alley
A public way either unimproved or improved which affords a means of access to abutting
properties. Alley width shall be considered the distance between the alley right-of-way
lines.
An improved thoroughfare or right-of-way, whether public or private, usually narrower
than a street, that provides vehicular access to an interior boundary of 1 or more lots, and
is not designed for general traffic circulation. Alleys serve as secondary access to the side
or rear of properties whose principal frontage is on a dedicated street.
Section R: Alteration
A change or rearrangement of the structural parts or exit facilities, or an enlargement by
extending the sides or increasing the height or depth, or the moving from one location to
another.
Any human -induced action which adversely impacts the existing condition of a sensitive
area. Alterations include but are not limited to grading, filling, dredging, draining,
channelizing, cutting, pruning, limbing or topping, clearing, relocating, or removing
vegetation; applying herbicides or pesticides or any hazardous or toxic substance;
discharging pollutants excepting stormwater; grazing domestic animals; paving,
construction, application of gravel; modifying for surface water management purposes; or
any other human activity that adversely impacts the existing vegetation, hydrology,
wildlife or wildlife habitat. Alteration does not include walking, passive recreation,
fishing or other similar activities.
Section 9: Animal - small
Any animal other than livestock or animals considered predatory or wild which are kept
outside a dwelling unit all or part of the time. Animals considered predatory or wild shall
be considered small animals when they are taken into captivity for the purposes of
breeding, domestication, training, hunting or exhibition.
Section 10: Applicant
A property owner or any person or entity acting as an agent for the property owner in an
application for a development proposal, permit or approval.
Section 11: Application Review Committee (ARC)
The Application Review Committee of the City of Port Orchard as defined by this code.
Section 12: Approval - preliminary
Official action taken by the Council with respect to a preliminary plat.
Section De Approval - final
Official action taken by the Council with respect to a final plat.
Section 14: As-builts
Engineers' drawings which show the exact location, size, and dimensions of street and
utilities that have been installed.
Section 1.5: Basal area
The total area of the horizontal cross-section of a tree as measured at a specified height
above grade.
Section 16: Biologist
A person who has earned a degree in biological sciences from an accredited college or
university, or a person who has equivalent education training and has experience as a
practicing biologist.
Section 17: Block
A group of lots, tracts, or parcels within well-defined and fixed boundaries.
Section 1 R: Bond
A form of security provided by a bonding company in an amount and form satisfactory to
the City Attorney and this ordinance, intended to insure that required improvements are
installed and providing warranty against defective material and/or workmanship.
Section 19: Boundary line adjustment
A division made for the purpose of adjusting boundary lines which does not create any
additional lot, tract, parcel, site, or division, nor create any lot tract, parcel, site or
division which contains insufficient area and dimensions to meet minimum requirements
of the zoning, building, and other applicable ordinances.
Section 20: Building
Any structure used or intended for supporting or sheltering any use or occupancy.
Any structure having a roof.
Section 21: Building area
The area included within the surrounding interior walls of a building or portion thereof,
exclusive of courts.
Section 22: Ruilding coverage
Area of a lot that is covered by the total horizontal surface area of the roof of a building.
Section 23: Rnilding envelope
Area of a lot that delineates the limits of where a building may be placed on the lot.
Section 24e Building facade
That portion of any exterior elevation of a building extending from the grade of the
building to the top of the parapet wall or eaves, for the entire width of the building
elevation.
Section 25: Ruildingi ermit
The permit required for new construction and additions pursuant to Title 10 of the Port
Orchard Municipal Code (POMC). The term building permit, as used herein, shall not be
deemed to include: permits required for remodeling, rehabilitation, or other
improvements to an existing structure for rebuilding a damaged or destroyed structure,
provided there is no increase in the applicable unit of measure (for non-residential
construction) or number of dwelling units (for residential construction) resulting
therefrom.
Section 26: Building setback
A line which establishes a definite point beyond which any vertical feature such as an
eave or chimney of a building shall not extend.
Section 27: Buffer
A designated area adjacent to and a part of a steep slope or landslide hazard area which
protects slope stability, attenuation of surface water flows and landslide hazards to the
extent reasonably necessary to minimize risk to the sensitive areas, the site, and adjacent
properties; or a designated area adjacent to and a part of a stream or wetland that is an
integral part of the stream or wetland ecosystem.
Section 28: Canopy
The highest layer of vegetation within a forest community.
Section 29e Capacity - residential holding
The number of dwelling units and persons per dwelling unit that a property, site,
neighborhood or other area can accommodate at full or built -out use, as allowed by this
code.
Section 30: Capital facilities
The facilities or improvements included in the City of Port Orchard capital facilities plan.
Section 31: Capital facilities nlan
The City of Port Orchard capital facilities plan element and the transportation element of
the comprehensive plan adopted pursuant to the Revised Code of Washington (RCW)
Chapters 36.70A and 35.63, or any amendments thereof.
Section 32• City
The City of Port Orchard, Washington.
Section 33: City Clerk
e
Administrative position for the City of Port Orchard appointed as defined in the Port
Orchard Municipal Code (POMC).
Section 34: City Fn -* eer
Public works agent for the City of Port Orchard appointed as defined in the POMC.
Section 3.5: Clearing
The limbing, pruning, trimming, topping, cutting or removal of vegetation or other
organic matter by physical, mechanical, chemical or other means prior to a sites
development.
Section 36: Commission
The Planning Commission of the City of Port Orchard.
Section 37: Community ark
Those parks, trails, or recreation improvements, designated in the City of Port Orchard
parks and recreation plan and/or capital facilities plan.
Section 38: Comprehensive plan
Policies and proposals adopted by the Council to guide the development of the city and to
promote the general welfare.
Section 39: Concomitant agreement
0
A contract duly executed and legally binding between the city and the property owner
that is made in conjunction with Council action.
Section 40: Conditional use permit
Permit granted by the city to locate a permitted use on a particular property subject to
conditions placed on the permitted use to ensure compatibility with nearby land uses.
Section 41: Construction - new
Structures for which the start of construction commenced on or after the effective date of
this code and preceding ordinances.
Section 42: Construction - start of
Includes substantial improvement, and means the date the building permit was issued,
provided that the actual start of construction, repair, reconstruction, placement or other
improvement was within 180 days of the permit date. The actual start means either the
first footings, the installation of piles, the construction of columns, or any work beyond
the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for basement, footings, piers, or foundation or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwellings units or not part of the main structure.
Section 43: Council
The City Council of the City of Port Orchard.
Section 44: Courtyard
P
A space, open and unobstructed to the sky, located at or about grade level on a lot and
bounded on 3 or more sides by walls of a building.
Section 4.5: Coverage - huilding
The percentage of the area of a lot which is built upon or used for structural purposes.
Section 46_ Coverage - site
The percentage of the area of a lot or site that is built upon or covered over with
impervious materials.
Section 47: Critical facilities
Those facilities necessary to protect the public health, safety, and welfare which are
defined under the occupancy categories of Essential Facilities, Hazardous Facilities and
Special Occupancy Structures in the Uniform Building Code, Table Number 23-K
(1988). These facilities include but are not limited to schools, hospitals, police stations,
fire departments, and other emergency response facilities, and nursing homes. Critical
facilities also include sites of hazardous materials storage or production.
Section 48: Cul de sac
The turn -around area located at the terminus of a street.
Section 49: Dedication
The appropriation of land by its owner for general or public use, reserving no special
rights to themselves.
The person or entity who owns or holds purchase options or other development control
over property for which development activity is proposed.
Section 51: Development
Any man-made change to improved or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
other structures, operations located within the area of special flood hazards.
Section 52: Development activity
Any construction or expansion of a building, structure, or use, any change in use of a
building or structure, or any change in the use of land, that creates additional demand and
need for public facilities.
Section 53: Development agreement
A recorded agreement between a development applicant and Port Orchard which
incorporates the site plans, development standards, and other features of a development
proposal, which agreement is executed and recorded as part of the comprehensive plan or
through a separate property -specific approval.
Section 54: Development approval
Any written authorization from the city which authorizes the commencement of a
development activity.
Section 5.5: Development propnsal
Any activities relating to the use and/or development of land requiring a permit or
approval from Port Orchard.
Section 56: Development proposal site
The legal boundaries of the parcel or parcels of land for which an applicant has or should
have applied for authority from Port Orchard to carry out a development proposal.
Section 57: Dock
A floating or fixed platform used as a landing place for marine transport or for
recreational purposes, and attached to the shore or a fixed pier by a loosely coupled ramp.
Section 58: Drop box facility
A facility used for receiving solid waste and recyclable from off -site sources into
detachable solid waste containers, including the adjacent areas necessary for entrance and
exit roads, unloading, and vehicle turnaround areas. Drop box facilities normally service
the general public with loose loads and may also include containers for separated
recyclable.
A residential development or structure designed for common ownership by more than 1
family household that is built or developed in combination with other residential
structures. Each dwelling unit in the development or structure is built exclusively for
occupancy by a single family with separate utility services and no other uses except
accessory activities. However, a portion of or all of the unit owners may share title and
responsibilities for common property, site, and/or building improvements.
Condominiums may be designed and developed about every type of residential structure
including single family detached, single family attached, and multifamily.
Section 60: Dwelling unit - multifamily
A residential structure designed for occupancy by more than 1 family household that is
built in combination with other residential structures. Each dwelling unit in the structure
is built exclusively for occupancy by a single family with no other uses except accessory
activities. However, a multifamily structure may share 1 or more common walls and
stack units on multiple floors. Multifamily residential structures may be clustered on a
site, located on a lot line (zero -lot line), and include stacked multiplex, garden apartment,
and other prototypes.
Section 61: Dwelling unit - single family attached
A dwelling unit designed for occupancy by a single family household that is attached to
other residential structures. The unit is built exclusively for occupancy by a single family
with no other uses except accessory activities between the lowest or ground floor level
and the upper level or roof. However, an attached single family unit may share 1 or more
common walls with other units. An attached single family unit may share walls that
separate living areas, (strong link) or accessory uses like garages (weak link). An
attached single family dwelling unit may be clustered on a site, located on a lot line
(zero -lot line), and include townhouse, rowhouse, multiplex, and other prototypes.
Section 62: Dwelling unit - singe family detached
A dwelling unit designed for occupancy by a single family household that is detached or
built separate from other residential structures. The unit is built exclusively for
occupancy by a single family with no other uses except accessory activities between the
lowest or ground floor level and the upper level or roof. This includes stick -built,
manufactured, and modular homes. A detached single family dwelling unit may be
clustered on a site,
located on a lot line (zero -lot line), and include village housing, patio housing, and other
prototypes.
Section 63: Easement
A right granted by the owner of land to another party for specific limited use of that land.
Section 64: Elderly.
A person aged 62 or older.
Section 65: Electrical conversion substation
A site containing equipment for the conversion of high voltage electrical power
transported through transmission lines into lower voltages transported through
distribution lines and suitable for individual users.
Section 66: Engineering drawings
Diagrams that provide plans, profiles, and cross -sections of utilities and roads to be
installed, prepared, and certified by a licensed civil engineer.
Section 67: Enhancement
An action which increases the functions and values of a stream, wetland or other
sensitive area or buffer.
Section 68: F,auinment - heave
High -capacity mechanical devices for moving earth or other materials, and mobile power
units including, but not limited to:
a: Carryalls,
b: Graders,
c: Loading and unloading devices,
d: Cranes,
e: Drag lines,
f. Trench diggers,
g: Tractors,
h: Augers,
is Bulldozers,
j: Concrete mixers and conveyers,
k: Harvesters,
1: Combines, or
m: Other major agricultural equipment and similar devices operated by mechanical power
as distinguished from manpower.
Such construction machinery as chain saws, wheelbarrows, post -hold diggers and all
hand-held tools.
Section 70: F,rosion
The process by which soil particles are mobilized and transported by natural agents such
as wind, rain splash, frost action or surface water flow.
A plant species with foliage that persists and remains green year round.
Section 72: Factory -built commercial building
Any structure that is either entirely or substantially prefabricated or assembled at a place
other than a building site; and designed or used for nonresidential human occupancy.
Section 73: Family
An individual; 2 or more persons related by blood or marriage; a group of 8 or fewer
residents, who are not related by blood or marriage, living together as a single
housekeeping unit; or a group living arrangement where 8 or fewer residents receive
supportive services such as counseling, foster care, or medical supervision at the dwelling
unit by resident or nonresident staff. For purposes of this definition, minors living with
parents shall not be counted as part of the maximum number of residents.
Section 74: Family - foster
A family wherein 1 or more individuals is provided with room, board, ordinary care, and
supervision in a family environment, and where the parent/operator is licensed by the
State and is not legally related to the individuals supervised.
Section 75: Fence
A barrier for the purpose of enclosing space or separating lots, composed of:
a: Masonry or concrete walls, excluding retaining walls; or
b: Wood, metal or concrete posts connected by boards, rails, panels, wire or mesh.
Section 76: Floor - lowest
The lowest floor of the lowest enclosed area (including basement). An unfinished or
flood resistant enclosure, usable solely for parking of vehicles, building access or storage,
in an area other than basement area, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in violation of the applicable
non -elevation design requirements of this code.
Land devoted primarily to growing and harvesting forest and timber products and
designated as a forest production district.
Section 78: Forest ran ctice
Any activity regulated by the Washington State Department of Natural Resources in
Washington Administrative Code (WAC) 222 or the Revised Code of Washington
(RCW) 79.06 for which a forest practice permit is required, together with:
a: Fire prevention, detection, and suppression; and
b: Slash burning or removal.
Section 79: Geologist
A person who has earned a degree in geology from an accredited college or university, or
a person who has equivalent educational training and has at least 4 years of professional
experience as a practicing geologist.
Section SO: Geotechnical engine�Pr
A practicing geotechnical/civil engineer licensed as a professional civil engineer by the
State of Washington who has at least 4 years of professional employment as a
geotechnical engineer with experience in landslide evaluation.
Section 81: GMA
The Growth Management Act (GMA), Chapter 17, Law of 1990, 1 st Extended Session,
Revised Code of Washington (RCW) Chapter 36.70A et sequitur, and Chapter 32 Laws
of 1991, 1st Special Session, Revised Code of Washington (RCW) 82.02.050 et sequitur,
as now in existence or hereafter amended.
Section 82: Grading
Any excavation, filling, removing of the duff later or any combination thereof.
Section 83: Grazing area
Any open land area used to pasture livestock in which forage is maintained at an average
height of 3 inches over 80 percent of the area.
Section 84: Groundeover
Living plants designed to grow low to the ground (generally 1 foot or less) and intended
to stabilize soils and protect against erosion.
Section 85: Hazardous household substance
A substance as defined in RCW 70.105.010.
Section 86: Hazardous waste
All dangerous and extremely hazardous waste as defined in RCW 70.105.010(15), or its
successor, except for moderate risk waste as set forth in RCW 70.105.010(17), or its
successor.
Section 87: Hazardous waste - storage
The holding of hazardous waste for a temporary period, as regulated by the State
Dangerous Waste Regulations, Chapter 173-303 WAC, or its successor.
Section RR: Hazardous waste - treatment
The physical, chemical, or biological processing of hazardous waste for the purpose of
rendering wastes nondangerous or less dangerous, safer for transport, amenable for
storage, or reduced in volume, as regulated by the State Dangerous Waste Regulations
Chapter 173-303 WAC or its successor.
Section 89: Hazardous waste - treatment and storage facility off -site
Treatment and storage facilities that treat and store hazardous wastes generated on a
property other than those on which the off -site facilities are located.
Section 90: Hazardous waste - treatment and storage facility on -site
Treatment and storage facilities that treat and store hazardous wastes generated on the
same property.
Section 91: Home - manufactured
A single family residence constructed 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:
1) is comprised of at least two fully enclosed parallel sections each of not less
than twelve feet wide by thirty-six feet long; and
2) 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
3) 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
4) 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
5) must meet the thermal equivalent of not less than the State Energy Code and
therefore be classified as a "Super Good Sense Home".
Section 92: Home - mobile
A single family residence transportable in one or more sections that 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 after June 15, 1976. Mobile homes do
not include recreational vehicles.
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. Such structures shall meet the
following requirements:
1) is comprised of at least two fully enclosed parallel sections each of not less
than twelve feet wide by thirty-six feet long; and
2) 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
3) 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
4) 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.
Section 94: Home nark or subdivision - mobile
A parcel (or contiguous parcels) of land divided into 2 or more mobile home lots for rent
or sale.
Section 95: Houseboat
A watercraft structure designed primarily to be occupied as a dwelling unit that does not
have a motor but is provided with sewer and water hookups.
Section 96: Household pets
Small animals that are kept within a dwelling unit.
Section 97: Impact - direct traffic
Any increase in vehicle traffic generated by a proposed development which equals or
exceeds 10 peak hour, peak direction vehicle trips on any roadway or intersection.
Section 98: impervious surface
Any non -vertical surface artificially covered or hardened so as to prevent or impede the
percolation of water into the soil mantle including, but not limited to, roof tops,
swimming pools, paved or graveled roads and walkways or parking areas and excluding
landscaping and surface water retention/detention facilities.
Section 99: Improved puhlic roadways
Public road rights -of -way that have been improved with at least 2 travel lanes and are
maintained by Port Orchard, Kitsap County or Washington State.
Live vegetative materials required for a development. Said materials provided along the
boundaries of a development site is referred to as perimeter landscaping. Landscaping
provided on the remainder of the site is referred to as interior landscaping.
Section 101: landslide
Episodic downslope movement of a mass of soil or rock including snow avalanches.
Section 102: Level -of -service (>O
A measure of traffic congestion along a roadway or at an intersection identified by a
letter scale from A to F as calculated by a methodology endorsed by the Institute of
Transportation Engineers (ITE).
Section 103a Livestock
Grazing animals kept either in open fields or structures for training, boarding, home use,
sales, or breeding, and production, including but not limited to cattle, riding and draft
horses, hogs, sheep, and goats.
Section 104: Livestock - large
Cattle, horses, llamas, alpaca, and other livestock generally weighing over 500 pounds.
Section 105: Livestock - small
Hogs, sheep, goats, miniature horses, llamas, alpaca, and other livestock generally
weighing under 500 pounds.
Section 106: Loading sync
A space for the temporary parking of a vehicle while loading or unloading cargo or
passengers.
Section 107: Lot
A measured parcel of land having fixed boundaries and designated on a plat or survey.
A physically separate and distinct parcel of property, which has been created pursuant to
the provisions of this code. A fractional part of divided lands having fixed boundaries,
being of sufficient area and dimension to meet minimum zoning requirements for width
and area. The term shall include tracts or parcels.
Section 1086 Lot - Corner
A lot bounded on two or more adjacent sides by a street, private right-of-way or road
access easement, or any combination of these.
Section 109_ Lot - frontage,
The front boundary line of a lot bordering on the street and in the case of a corner lot,
may be either boundary line bordering on the street.
Section 110: Lot - measurements
a: Depth of a lot shall be considered to be the dimension between the midpoints of
straight lines connecting the foremost points of the side lot lines in front and the rearmost
points of the side lot lines in the rear.
b: Width of a rectangular lot shall be considered to be the dimension between its 2 side
lot lines perpendicular to the street. For an irregularly shaped lot the width shall be
considered to be a dimension which equals the lot line most nearly perpendicular to the
frontage street.
Section 111: Lot - through
A lot having frontage on two parallel or approximately parallel streets.
Section 112: Lot - types
a: Corner lots are located at the junction of, and fronting on, 2 or more intersecting
streets.
b: Interior lots do not front on 2 or more streets.
c: Through lots, other than corner lots, have frontage on more than 1 street. Through lots
abutting 2 streets may be referred to as double -frontage lots.
Section 113: Lot area - minimum
The minimum or smallest amount of total lot area in a single ownership expressed in
square feet necessary to satisfy the physical development standards defined in this code.
Section 114* Lot line -interior
Lot lines that delineate property boundaries along those portions of the property which do
not abut a street.
Section 11.5* Lot line - zero
The elimination of one side yard setback so that a side building line can be constructed
on
the lot line. Zero -lot lines must be designated on a plat.
Section 116: Marina
A water -dependent facility that provides moorage, wet and/or dry storage, and other
related sales and maintenance services, for pleasure and commercial. Does not include
community and public docks. Does not allow overhauls, engine pulling, or bottom
painting. Live aboards are permitted only in established marinas and shall comply with
the rules and regulations of that marina. Allows personal services, including but not
limited to:
1) Showers,
2) Toilets,
3) Self-service laundries, and
4) Boat fuel.
Section 117* Material error
Substantive information upon which a permit decision is based that is submitted in error
or is omitted at the time of permit application.
Section 11 R: Microwave
Electromagnetic waves with a frequency of 890 megahertz (mhz) or greater.
Section 119: Mitigation
The use of any or all of the following actions that are listed in descending order of
preference:
a: Avoiding the impact all together by not taking a certain action or parts of an action;
b: Minimizing impact by limiting the degree or magnitude of the action and its
implementation, by using appropriate technology, or by taking affirmative steps to avoid
or reduce impact;
c: Rectifying the impact by repairing, rehabilitating or restoring the affected sensitive
areas;
d: Reducing or eliminating the impact over time by prevention and maintenance
operations during the life of the actions;
e: Compensating for the impact by replacing, enhancing, or providing substitute sensitive
areas and environments;
f. Monitoring the impact and taking appropriate corrective measures.
Section 120: Mohile home
A single family residence transportable in one or more sections that 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 after June 15, 1976. Mobile homes do
not include recreational vehicles.
Section 121: Mobile home - park
A tract of land developed with individual sites and facilities to accommodate 2 or more
mobile homes.
Section 122: Modification - major
A major modification of a site plan shall include any 1 of the following:
a: Any enlargement of proposed building(s).
b: Any site relocation of proposed building(s).
c: Any change in exterior design.
d: Any modification that creates new traffic circulation patterns.
Section 123: Monument
A permanently established marker which is used to establish property corners and control
for surveys.
Section 124: Naturalized species
Non-native species of vegetation that are adaptable to the climatic conditions of the
coastal region of the Pacific Northwest.
Section 125: Nonconforming - structure
A building or structure which has lawfully erected or altered and maintained, but which
does not conform to the regulations of the zone in which the building exists.
Section 126: Nonconforming - use
A use which has lawfully established and continuously maintained, but which does not
conform to the regulations of the zone in which the use exists.
Section 127: Nonconformance
Any use, improvement or structure established in conformance with the rules and
regulations in effect at the time of establishment that no longer conforms to the range of
uses permitted in the site's current zone or to the current development standards of this
code due to the change in the code or its application to the subject property.
Section 128: Normal rainfall
Rainfall that is at or near the mean of the accumulated annual rainfall record, based upon
the water year for Kitsap County as recorded at the Bremerton National Airport.
Section 129: Noxious weed
Any plant which when established is highly destructive, competitive, or difficult to
control by cultural or chemical practices (see Chapter 17.10 RCW). The state noxious
weed list in WAC Chapter 16-750 is the officially adopted list of noxious weeds by the
Noxious Weed Control Board and recognized by Port Orchard.
Section 130: Official plans
The comprehensive plan, these development regulations, and other documents adopted
by the City Council of the City of Port Orchard.
Section 131: Open-work fence
A fence in which the solid portions are evenly distributed and constitute no more than 50
percent of the total surface area.
Section 132: Ordinances
A legislative enactment of a city or county.
Section 133: Owner
The owner of record of real property, provided that, if the real property is being
purchased under a recorded real estate contract, the purchaser shall be considered the
owner of the real property.
Section 134: Parks study
The studies included in the adopted comprehensive land use plan and the adopted parks
plan, and any amendments thereto, copies of which are on file with the City Planner.
Section 135: Parking lot aisle
That portion of the off-street parking area used exclusively for the maneuvering and
circulation of motor vehicles and in which parking is prohibited.
Section 136: Parking lot unit dew
The linear distance within which 1 parking aisle is flanked by accessible rows of parking
stalls as measured perpendicular to the parking aisle.
Section 137: Parking c
An area accessible to vehicles, improved, maintained, and used for the sole purpose of
parking a motor vehicle.
Section 138: Parking mace - Off-street
A space on private property with access to a public street or alley used to park a motor
vehicle.
Section 139: Parking mace angle
The angle measured from a reference line, generally the property line or center line of an
aisle, at which motor vehicles are to be parked.
Section 140: Party of record
A person who has submitted written comments, testified, asked to be notified or is the
signer of a petition entered as part of the official record on a specific development
proposal.
Section 141: Peak hour
The hour during the morning or afternoon when the most critical level of service occurs
for a particular roadway or intersection.
Section 142: Permit - site development
A permit for the establishment of land uses which do not require a building permit or
other land use permit but require compliance with the standards of this code.
Section 141 Permit - special use
A permit granted by the city to locate a land use at a particular location, subject to
conditions placed on the proposed use to ensure compatibility with adjacent land uses.
Section 144: Permit - temporary use
Permit to allow a use of limited duration and/or frequency.
Section 145: Person
An individual, partnership, corporation, association, organization, cooperative, public or
municipal corporation, or agency of the state or any local governmental unit however
designated.
Section 146_ Pier
A fixed structure built over the water, used as a landing place for marine transport or for
recreational purposes.
Section 147: Planning Commission
The Port Orchard Planning Commission as established by this code.
Section 148: Plat
Includes preliminary and final, short and long plats.
Section 149: Plat - preliminary
A neat and approximate drawing of a proposed division showing the general layout of
streets and alleys, lots, blocks, and restrictive covenants to be applicable to the division,
and other elements of a plat or division which shall furnish a basis for the approval or
disapproval of the general layout of a division.
Section 150: Plat - final
The final drawing of the division and dedication prepared for filing for record with the
county auditor and containing all elements and requirements set forth in this code.
Section 151: Plat - short
The map or representation of a short subdivision, showing thereon the division of a tract
or parcel of land with lots, blocks, streets, and alleys or other divisions and dedications.
Section 152: Plat - long
The map or representation of a long subdivision, showing thereon the division of a tract
or parcel of land with lots, blocks, street, and alleys or other divisions and dedications.
Section 1.53: Port Orchard
The City of Port Orchard, Washington.
Section 1.54: Private
Solely or primarily for the use of residents or occupants of the premises; e.g., a
noncommercial garage used solely by residents or their guests is a private garage.
Section 1.55: Private road
An easement which creates access from private property to the city street with
maintenance of such road being the responsibility of the private property owners.
Section 156: Projects improvement
Site improvement and facilities that are planned and designed to provide service for a
particular development or users of a project, and are not system improvements. No
improvement or facility included in a capital facilities plan approved by the Council shall
be considered a project improvement.
Section 1.57: Puhlic agency
Any agency, political subdivision, or unit of local government of this state including but
not limited to municipal corporations, special purpose districts, counties, and local
service districts; any agency of the State of Washington, the United States or any state
thereof; or any Indian tribe recognized as such by the Federal Government.
Section 15R: Public facilities
Community parks and recreation facilities; and streets and roads maintained for public
use and benefit by a public or private entity.
Section 159: Puhlic street or right-of-way
Every road, street, highway, boulevard or place in the city open as a matter of right to
public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and
pedestrian ways. Also including streets or portions thereof which are designated as
portions of the state highway system.
A legal concept that has been articulated by federal and state courts in regulatory takings
cases.
Section 161: Recreational vehicle
A motor home, travel trailer, truck, camper or camping trailer, with or without motor
power, designed for human habitation for recreation or emergency occupancy, with a
living area less than 220 square feet excluding built-in equipment such as wardrobes,
closets, cabinets, kitchen units or fixtures, bath, and toilet rooms.
A vehicle designed primarily for recreational camping, travel or seasonal use which has
its own motive power or is mounted on or towed by another vehicle, including but not
limited to: travel trailer, folding camping trailer, park trailer, truck camper, motor home,
and multi -use vehicle.
The use of a recreational vehicle as a dwelling unit for more than 72 hours outside of a
mobile home park or RV park is prohibited, unless a Visitor's RV Parking Permit is
obtained from the City Clerk's Office. Such permit shall be limited to a period of not
longer than 14 days. The use of a van, truck or automobile as a dwelling unit is strictly
prohibited.
Section 162: Recyclable material
A nontoxic, recoverable substance that can be reprocessed for the manufacture of new
products.
Section 163: Regional retention/detention facility
A surface water control structure proposed by Port Orchard or a project proponent to be
installed in or adjacent to a stream or wetland of a basin or sub -basin.
Section 164: Regional utility corridor
A right-of-way tract or easement which contains transmission lines or pipelines for utility
companies, excluding distribution lines contained within street rights -of -way or lines
serving individual lots or developments.
Section 165: Restoration
The actions to return a stream, wetland or other sensitive area to a state in which its
stability, functions, and values approach its unaltered state as closely as possible.
Section 166: Retail - com an risnn
Retail stores or shopping centers that provide for the sale of comparison goods and
services and is centrally located in the community or region.
Section 167: Retail - convenience
Retail stores of shopping centers that provide for daily living needs, is easy to access and
use, and is close to residential neighborhoods.
Section 168: Retention/detention facility
A type of drainage facility designed either to hold water for a considerable length of time
and then release it by evaporation, plant transpiration, and/or infiltration into the ground;
or to hold runoff for a short period of time and then release it to the surface and
stormwater management system.
Section 169_ Right-of-way
The right to pass over the property of another. It usually refers to the land required for the
traffic lanes plus shoulder on both sides of highways, bikeways, and hiking trails. In
short, the land purchased by or dedicated to the public for traffic usually referred to as
easements.
Section 170: Road
A right-of-way that affords the principal means of access to abutting property, and its
accompanying signalization improvements, including an avenue, place, way, drive, lane,
boulevard, highway, street, and other thoroughfare, except an alley.
The study incorporated into the adopted comprehensive land use plan, or any
amendments thereto, a copy of which is on file with the City Planner.
Section 172: School
An institution primarily for academic instruction, public, private or parochial, and
accredited by the State Department of Education.
Section 173: School district
The South Kitsap School District Number 402, Kitsap County, Washington whose
boundaries include the Port Orchard urban growth area.
Section 174: Sensitive area
Any of those areas of Port Orchard which are subject to natural hazards or those lands
with features which support unique, fragile, or valuable natural resources including fish,
wildlife, and other organism and their habitat and such resources which, in their natural
state carry, hold or purify water. Sensitive areas include the following landform features:
erosion hazard areas, landslide hazard areas, seismic hazard areas, steep slop hazard
areas, wetlands, streams, flood hazard areas, and the adjoining protective buffers
necessary to protect the public health, safety and welfare.
Section 175_ Sensitive area review
The evaluation performed by the Application Review Committee (ARC) as part of its
review of an application for a permit or approval to ensure that impacts to sensitive areas
have been addressed where appropriate.
Section 176: Sensitive area setback
The areas delineated on a development proposal site for a building permit or grading and
clearing permit which contains wetlands, streams, steep slopes hazard areas, landslide
hazard areas, and required buffers.
Section 177: Setback
The distance between buildings or uses and their lot lines. The measurement from the
building will be based upon the vertical extension from the nearest portion of the building
above ground level. For instance, a concrete slab would not be used to measure the
setback, but the roof dripline or porch edge would be used as the setback point.
The minimum required distance between a structure and a lot, easement, or buffer line
that is required to remain free of structures.
Section 178: Setback - interior
The setback extending from every interior lot line to a line parallel to and measured
perpendicularly from the interior lot lines at the depth prescribed for each zone.
Section 179: Setback - street
The setback extending from every street right-of-way to a line parallel to and measured
perpendicularly from the street right-of-way at the depth prescribed for each zone.
Section 180_ Shoreline master program
The shoreline master program for the City of Port Orchard, and the use regulations
together with maps, diagrams, charts, or other descriptive material and text, a statement
of desired goals and standards developed in accordance with the policies enunciated in
section 2 of the Shoreline Management Act of 1971.
Section 1816 Sign
An identification, description, illustration or device which is affixed to or represented,
directly or indirectly, upon a building, structure, land, or vegetation and which directs
attention to a product, place, activity, person, institution or business.
Any device, structure, fixture, or placard that is visible from a public right-of-way or
surrounding properties and used graphics, symbols, or written copy for the purpose of
advertising or identifying any establishment, product, goods, or service.
Section 1 R2: Significant tree
An existing healthy tree which, when measured 4 feet above grade, has a minimum
diameter of 18 inches for evergreen trees, or 18 inches for deciduous trees.
Section 1 S3: Site area - minimum
The minimum or smallest amount of total site area in a single ownership expressed in
acres necessary to support development consistent with the zoning district provisions of
this code. The minimum or smallest allowable site for a R4.5 zoning district which
allows a maximum of 4.5 dwelling units per net useable acre cannot be smaller than that
required to support the maximum density allowed in the prevailing zoning district.
Section 1 S4: Site area - useable gross
Gross useable site area is the total site or lot ownership less sensitive environmental
features as these areas are defined elsewhere in this code. This area of a site or lot is
expressed in acres or square feet.
Section IS-';* Site area - useable net
The total site or lot ownership expressed in acres or square feet less sensitive
environmental features as these areas are defined elsewhere in this code (equal to gross
useable site area) and any required dedications necessary to provide supporting roads,
utilities, or other supporting facilities or infrastructure which may be used to calculate
allowed dwelling units. For the purposes of calculating potential residential capacities,
infrastructure requirements are generally estimated to be between 10 and 20 percent of
the gross useable site area for undeveloped land, and 0 to 10 percent for lots within
existing developed urban areas such as the downtown district.
Section 1 S6: Site plan specific
A development plan required by this ordinance and approved by the City Council. A site
plan is defined as including all physical and technical drawings required by the city for
project construction and approval. Site plans shall not determine or define the use of
property or its occupation.
Section 187: Specified sexual activities
Human genitalia in a state of sexual stimulation or arousal; acts of human masturbation,
sexual intercourse or sodomy; erotic fondling, touching or display of human genitalia,
pubic region, buttock, or female breast; peep shows, topless dancing, and nude dancing.
Section 1 SS: Square footage
The square footage of the gross floor area of the development.
Section 1 S9: State
The State of Washington.
Section 190: Storage yardpm
A land area of 2,000 square feet or more used for the storage of any material, including
items for storage, sale, lease, processing and repair (including vehicles), not in a structure
comprised of at least 3 walls and a roof. Does not include lots for the sale of motor and/or
marine vehicles.
Section 191 a Stream
Those areas of Port Orchard where surface waters produce a defined channel or bed. A
defined channel or bed is an area which demonstrates clear evidence of the passage of
water and includes but is not limited to bedrock channels, gravel beds, sand and silt beds,
and defined -channel swales. The channel or bed need not contain water year-round. This
definition is not meant to include irrigation ditches, canals, storm or surface water runoff
devices or other entirely artificial watercourses unless they are used by salmonids or used
to convey streams naturally occurring prior to construction in such watercourse. Streams
are further categorized as follows:
a- Class 1 stream - streams inventoried as "Shorelines of the State" under Kitsap County
or Port Orchard's Shoreline Master Program, pursuant to RCW Chapter 90.58.
b_ Class 2 stream - streams smaller than Class 1 streams that flow year around during
years of normal rainfall or those that are used by salmonids.
c- Class 3 stream - streams that are intermittent or ephemeral during years of normal
rainfall and are not used by salmonids.
Section 192: Street
Any public way either unimproved or improved which affords the principal means of
access to abutting properties. A street width shall be considered the distance between its
right-of-way lines.
A public or recorded private thoroughfare providing the main pedestrian and vehicular
access through neighborhoods and communities and to abutting property.
Section 193: Street frontage
Any portion of a lot or combination of lots which directly abut a public right-of-way.
Section 194: Structure
Anything permanently constructed, walled, and roofed including a gas or liquid storage
tank that is principally in or on the ground, or over the water; excluding fences less than 6
feet and decks less than 18 inches above grade or paved areas.
Section 195: Structure - alteration
Any change to the supporting members of the building or structure including foundations,
bearing walls, columns, beams or girders.
Section 196: Subdivider
Any person, firm or corporation having an interest in dividing land into lots, tracts or
parcels.
Section 197: Subdivision
The division of land into two or more lots, tracts, parcels, or sites.
Section 198: Subdivision - long
The division of land into more than four tracts, parcels, or sites.
Section 199: Subdivision - short
The division of land into four or less lots, tracts, parcels, or sites.
Section 200: Substantial development or improvement
a: Any repair, reconstruction, or improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure either:
1) Before the improvement of repair is started, or
2) If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition substantial improvement is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects the external dimensions of the
structure.
b: The term does not, however, include either:
1) Any project for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which are solely necessary to assure
safe living conditions, or
2) Any alteration of a structure listed on the National Register of Historical Places
or a State Inventory of Historical Places.
Section 201: Substantial egress
May include one or more of the following:
a: Proof of project financing or negotiation.
b: A building permit has been issued and activated.
c: Installation of infrastructure within the original 18 month time period.
d: A completed set of working architectural drawings.
Section 202: Surety
Any form of security involving a cash deposit, bond, set -aside account, collateral,
property, or other instrument of credit, which is used to insure that required
improvements are installed and/or warranted to be free from defective materials and/or
workmanship.
Section 203: System improvements
Public facilities that are included in the capital facilities plan element or transportation
plan element and are designed to provide service within the community at large, in
contrast to project improvements.
Section 204: Testamentary
Given or bequeathed by a will.
Section 205: Tightline to a sewer
A sewer trunk line designed and intended specifically to service only a particular facility
or place, and whose pipe diameter should be sized appropriately to ensure service only to
that facility or place.
Section 206: Transmission equipment
Equipment, such as antennae and satellite, or point-to-point microwave dishes, that
transmit or receive radio signals.
Section 207_ Transmission structure
A structure intended to support transmission equipment or function as an antenna for AM
radio or an earth station satellite dish antenna. The term does not include brackets,
platforms, or other apparatus that mount transmission equipment onto transmission
structures, buildings or other structures.
Section 208: Transmitter building
Building used to contain communication transmission equipment.
Section 209: Transportation system management(T
Low-cost projects that can be implemented in a short time frame designed to increase the
efficiency of existing transportation facilities. This also includes transit and/or ride
sharing measures to decrease single occupancy vehicle trips.
Section 210: Ufflmate roadway section
A designation that the maximum roadway or intersection capacity has been reached and
further right-of-way acquisition and/or improvements are not feasible to increase peak
hour vehicle capacity.
Section 211: IJnderstory
The low layer of plants forming an underbrush or underwood.
Section 212: Use
The nature of the occupancy, the type of activity, or the character and form of
improvements to which land is devoted or may be devoted.
Activity or function carried out on an area of land, or in a building or structure located
thereon.
Section 213: Use - permitted
Any use authorized or permitted in a specific use district and subject to the limitations
and regulations of such use district.
Section 214: Use - principal
The primary use for a lot, structure, or building or the major portion thereof, as
designated or actually used.
Section 215: Use - secondary
An incidental or accessory use for which a lot, structure or building is designated or
employed in conjunction with, but not subordinate to its primary use.
Section 216: Use —conditional
A use that may be allowed in specified land use districts subject to the conditional use
permit process defined in chapter B3 of this code. Conditional uses may be allowed by
permit granted by the city subject to the conditions placed on the proposed use to ensure
compatibility with adjacent land use activities.
Section 217_ Use - special
Regional land uses as defined in the regional use table in Chapter B3 of this code that
generally would not be appropriate, but which, if controlled as to number, areas, location,
relation to the neighborhood, or by other mitigation would promote the health, safety,
welfare, comfort, convenience or general welfare of the public. Special uses may be
allowed by permit granted by the city subject to the conditions placed on the proposed
use to ensure compatibility with adjacent land use activities.
Section 21 R: Variance
An adjustment in the application of this code to a particular piece of property in a
situation where the property, because of special circumstances found to exist on the land,
is deprived, as a result of the imposition of this code, of privileges commonly enjoyed by
other properties in the same vicinity and zone. The adjustment in the application of this
code shall remedy the disparity in privilege. A variance shall not be used to convey
special privileges not enjoyed by other properties in the same vicinity and zone and
subject to the same code restrictions.
Section 219: Vegetation
Any and all organic plant life growing at, below, or above the soil surface.
Section 220: Vegetation - native
Vegetation comprised of plant species which are indigenous to the Puget Sound region
and which reasonable could have been expected to naturally occur on the site. Native
vegetation does not include noxious weeds.
Section 221 _ Violation
The violation of any provision of the conditions of any permit, approval, or other order
issued pursuant to the regulations in this document.
Section 222: Wetland
Those areas of Port Orchard that are inundated or saturated by ground or surface water at
a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and other similar areas. (Army
Corps of Engineers Regulation 33 CFR 328.3 (1988)). Where the vegetation has been
removed or substantially altered, a wetland shall be determined by the presence of
evidence of hydric organic soil, as well as other documentation of the previous existence
of wetland vegetation such as aerial photographs. Wetlands are further classified as
follows:
a- Class 1 wetland - wetlands assigned the Unique/Outstanding #1 rating in the Kitsap
County Wetlands Inventory 1983; or which meet any of the following criteria:
1) The presence of species listed by the federal government or state as
endangered, or threatened, or the presence of critical or outstanding actual habitat for
those species;
2) Wetlands having 40 to 60 percent permanent open water in dispersed patches
with 2 or more classes of vegetation;
3) Wetlands equal to or greater than 10 acres in size and having 3 or more
wetland classes, one of which is open water; or
4) The presence of plant associations of infrequent occurrence.
h- Class 2 wetland - wetlands assigned the Significant #2 rating in the Kitsap County
Wetlands Inventory, 1983; or any wetlands which meet any of the following criteria:
1) Wetlands greater than 1 acre in size;
2) Wetlands equal to or less than 1 acre in size and having 3 or more wetland
classes;
3) Wetlands equal to or less than 1 acre that have a forested wetland class;
4) The presence of heron rookeries or raptor nesting trees.
C. Class 3 wetland - wetlands assigned the Lesser Concern #3 rating in the Kitsap County
Wetlands Inventory, 1983, or uninventoried wetlands that are equal to or less than 1 acre
in size and that have 2 or fewer wetland classes.
For purposes of this section, the US Fish and Wildlife Service's Classification of
Wetlands and Deepwater Habitats of the United States, FWS/OBS-79/31 (Cowardin, et.
al., 1979) contains the descriptions of wetland classes and subclasses.
Section 223: Yard
An unoccupied space, other than a court, unobstructed from the ground to the sky, which
may include driveways, sidewalks, lamp posts, open patios, retaining walls, entrance
steps, fences, and landscaping unless specifically otherwise provided.
Section 224: Yard - types
a: Front yards extend between side lot lines across the front of a lot adjoining a public
street.
b: Side yards extend from the rear line of the required front yard to the rear lot line.
c: Rear yards extend across the rear of the lot between inner side yard lines. In the case of
through lots and corner lots, there will be no rear yards, but only front and side yards.
Part B:
Zoning Districts
BI: Zones, maps, and designations
Sections:
Section 1: Zones and map designations established
Section 2: Zone and map designation purposes
Section 3: Greenbelt conservation zone
Section 4: Residential - mobile home park (Rmh) zone
Section 5: Residential - single family detached (R4.5) zone
Section 6: Residential - single family detached/attached (R8-R12) zones
Section 7: Residential - single/multiple family detached/attached (R20) zone
Section 8: Commercial - retail and office zone
Section 9: Employment - industrial and office zone
Section 10: Mixed use - commercial, employment, residential zone
Section 11: Community facilities zone
Section 12: Critical environmental area overlay designation
Section 13: Special district overlay designations
Section 14: Property -specific development standards
Section 15: Zoning maps and designations
Section 1: Zones and map designations established
In order to accomplish the purposes of this document, the following zoning designations
and zoning map symbols are established:
Greenbelt
Gb - Greenbelt including conservation and wildlife habitat
Rmh - Mobile home park of up to 12 units/net useable acre
R4.5 - Residential single family detached of up to 4.5 units/net useable acre
R8 - Residential single family detached/attached of up to 8.0 units/net useable acre
R12 - Residential single family detached/attached of up to 12.0 units/net useable acre
R20 - Residential single/multiple family detached/attached of up to 20.0 units/net useable
acre
_Fmplo=ent
Co - Commercial - retail and office
Eo - Employment - industrial and office
Mxd - Mixed use - commercial, employment, and residential
Special
Cf - Community facilities
-ce - Critical environmental overlay designation
-sdod - Special district overlay designation
-down - Downtown/waterfront district
-hist - Historic residential neighborhood
-ross - Ross Creek corridor
jack - Blackjack Creek corridor
-trmt - Tremont Corridor
-vp — View Protection Overlay Zone
-p - Property -specific development standards
-sp- Site plan specific rezone ordinance
Section 2: Zone and man designation purnnse
The purpose statements for each zone and map designation set forth in the following
sections shall be used to guide the application of the zones and designations to all lands.
The purpose statements also shall guide interpretation and application of land use
regulations within the zones and designations, and any changes to the range of permitted
uses within each zone through amendments to this document.
Section 3: Greenbelt (Gb)
a: It is the purpose of the greenbelt zone (Gb) to preserve and protect natural areas that
are unique in character, and insure that natural systems will be maintained. This purpose
will be accomplished by:
1) Providing for conservation, wildlife habitat, open space, parks, recreational
areas, trails, greenways, and similar urban separators on lands that are suitable for this
purpose.
2) Within the greenbelt system, allowing only those accessory and
complementary uses that are compatible with the preservation of natural systems.
b: This zone is appropriate for lands acquired or proposed to be acquired or set -aside for
public park and recreation use by the comprehensive plan and for other semi -publicly or
privately owned lands that are dedicated, reserved or otherwise set -aside for greenbelt
purposes including those of a commercial orientation that should be reserved for
long-term protection.
Section 4: Mobile home nark(R
a: The purpose of the mobile home park zone (Rmh) is to implement comprehensive plan
goals and policies for housing quality, diversity, and affordability, and to efficiently use
residential land, public services, and energy. These purposes are accomplished by:
1) Providing for planned mobile home parks of a density suitable for this type of
residential development in locations that have been developed or are suitable for this
purpose.
2) Within the Rmh zone, allowing only those accessory and complementary
nonresidential uses that are compatible with a planned mobile home community.
b: This zone is appropriate where:
1) Designated by the comprehensive plan when such areas are served at the time
of development by adequate public sewers, water supply, roads, and other needed public
facilities and services as defined in the concurrency management system.
2) Surrounding lands have already been developed for lower intensity single
family housing types.
Section 5: Residential zone - single family detached (R4_5)
a: The primary purpose of the single family detached residential zone (R4.5) is to provide
for an uncrowded urban residential environment that is consistent with the traditional
image of the Port Orchard area.
b: The purpose of the single family detached residential zone (R4.5) is also to implement
comprehensive plan goals and policies for housing quality, diversity, and affordability,
and to efficiently use residential land, public services, and energy. These purposes are
accomplished by:
1) Providing for a mix of predominantly single family detached housing types
including lot line and village housing arrangements with a variety of densities and sizes
in locations appropriate for urban densities.
2) Allowing only those accessory and complementary nonresidential uses that are
compatible with single family residential communities.
c: This zone is appropriate where:
1) Designated by the comprehensive plan when such areas are served at the time
of development by adequate public sewers, water supply, roads, and other needed public
facilities and services as defined in the concurrency management system.
2) Surrounding lands have already been developed for lower intensity single
family detached housing types and offer greenbelt, recreation, and pedestrian services
most supportive of lower density living arrangements.
Section 6: Residential zones - singe family detached/attached (RR and RI 2)
a: The purpose of the single family detached/attached residential zones (R8 and R12) are
to define areas that allow a greater dwelling unit density - particularly in locations that
are well served by the arterial circulation system and community facilities in general.
b: The purpose of the single family detached/attached zones are also to implement
comprehensive plan goals and policies for housing quality, diversity, and affordability,
and to efficiently use residential land, public services, and energy. These purposes are
accomplished by:
1) Providing for a mix of single family detached including lot line and village
detached housing arrangements, and attached housing types including duplex or twins,
patio house, atrium house, weak and strong link town or row house, and multiplex
attached housing products with a variety of densities and sizes in locations appropriate
for urban densities.
2) Allowing only those accessory and complementary nonresidential uses that are
compatible with higher density single family residential communities.
c: These zones are appropriate where:
1) Designated by the comprehensive plan when such areas are served at the time
of development by adequate public sewers, water supply, roads, and other needed public
facilities and services as defined in the concurrency management system.
2) Surrounding lands have already been developed for lower intensity single
family housing types but abut more intensely developed commercial, office, employment
or other nonresidential land uses - and offer greenbelt, recreation, pedestrian, and transit
services most supportive of higher density living arrangements.
Section 7: Residential zone - single/multiple family detached/attached (R20)
a: The purpose of the residential zone single/multiple family detached/attached zone
(R20) is to allow high density residential development in urban locations where public
services and facilities are most available.
b: The purpose of the residential zone single/multiple family detached/attached zone
(R20) is also to implement comprehensive plan goals and policies for housing quality,
diversity, and affordability, and to efficiently use residential land, public services, and
energy. These purposes are accomplished by:
1) Providing for a mix of some higher density single/multiple family
detached/attached housing products including clustered village housing types, weak and
strong link townhouse and multiplex, and garden apartments with a variety of densities
and sizes in locations appropriate for urban densities.
2) Allowing only those accessory and complementary nonresidential uses that are
compatible with multiple family residential communities.
c: This zone is appropriate where:
1) Designated by the comprehensive plan when such areas are served at the time
of development by adequate public sewers, water supply, roads, and other needed public
facilities and services as defined in the concurrency management system.
2) Surrounding lands have been developed for commercial, business,
employment, public facility or other nonresidential but higher intensity activities - and
offer greenbelt, recreation, pedestrian, and transit services most supportive of higher
density living arrangements.
Section S: Commercial - retail and office (Co)
a: The purpose of the commercial retail and office (Co) zone is to provide for the
broadest mix of retail, service, office, and commercial recreation/cultural uses serving the
Port Orchard and surrounding market areas and offering significant employment
opportunities. These purposes are accomplished by:
1) Providing for office uses as well as a wider range of the retail, professional,
governmental, and personal services than are found in neighborhood and community
business areas.
2) Encouraging planned developments that incorporate aesthetic as well as
functional concerns.
b: This zone is appropriate where designated by the comprehensive plan when such areas
are served by adequate public sewers, water supply, roads, and other needed public
facilities and services as defined in the concurrency management system.
c: This zone must be provided convenient, visible, and safe access by vehicle, transit,
bicycle, and pedestrian circulation systems located on minor and major arterial roads.
Section 9: Employment - industrial and office kFo)
a: The purpose of the employment industrial and office zone (Eo) is to provide for the
location and grouping of industrial and related enterprises and activities involving
manufacturing, assembly, fabrication, processing, bulk handling and storage, research
facilities, warehousing, and heavy trucking.
b: It is also the purpose of the employment zone to provide land for those types of
professional, research, business, service, and similar uses which are based in office
structures and which require separate sites or developments from other more commercial
and retail activities.
c: It is also the purpose of this zone to protect the land base for economic development
and employment opportunities. These purposes are accomplished by:
1) Allowing for a wide range of industrial and manufacturing uses including more
intensive building patterns and floor area ratios.
2) Establishing appropriate development standards and public review procedures
for industrial activities with the greatest potential for adverse impacts.
3) Limiting residential, commercial, and other uses to that necessary for the
convenience of industrial or dedicated office activities.
4) Allowing for on -site convenient daily retail and personal services for
employees.
d: This zone is appropriate where designated on the comprehensive plan when such areas
are served at the time of development by adequate public sewer, water supply, roads, and
other needed public facilities and services as defined in the concurrency management
system.
e: This zone must be provided convenient and safe access by vehicle, transit, bicycle, and
pedestrian circulation systems located on minor and major arterial roads.
Section 10: Mixed use - commercial, employment, and residential (Mxd)
a: The purpose of the mixed use (Mxd) zone is to provide a permissive and alternative
zoning procedure for innovative, pedestrian oriented mixed use site and building
developments or physical design proposals that are capable of providing substantial value
to the community over conventional zone districting. The purpose is also to implement
comprehensive plan goals and policies for housing diversity, affordability, and to
efficiently use land, public services, and energy. These purposes are accomplished by:
1) Providing for the broadest mix of retail, commercial, business, personal
services, office, light industrial, recreational, public facilities, and residential uses in
master planned site developments within the same property, building complex, and/or
structure.
2) Conditionally controlling the location, design or inclusion of commercial uses
with outdoor storage or auto related activities that are not appropriate to or may adversely
impact a residential use or pedestrian oriented development.
3) Conditionally controlling the location, design, or inclusion of light industrial
uses with outdoor storage, traffic and parking, noise or other physical or operational
characteristics that are not appropriate to or may adversely impact a residential use or
pedestrian oriented development.
b: The mixed use district may vary the height, use, organization, design, intensity, size or
other feature of the proposed development, but shall not vary from the environmental,
market, community impact, infrastructure, design, and other objectives of this document
and the comprehensive plan. This purpose is served by:
1) Requiring unique consideration, disposition, control, and approval.
c: This zone may be appropriate:
1) Within the downtown and waterfront areas where designated by the
comprehensive plan when such areas include historic features, access principal pedestrian
walkway corridors, incorporate ground floor commercial and office uses, retain a
pedestrian scale, and create a compact site and building development.
2) On large, contiguous parcels along Bay Street, Bethel Avenue, Mile Hill Drive,
SR- 160/Sedgwick Road, and near SR-16 where designated by the comprehensive plan
when such areas can be master planned and developed to create compact, cohesive site
and building developments that integrate residential use and access to retail and
employment areas in identifiable and desirable urban design concepts.
d: These areas must be:
1) Served at the time of development by adequate public sewer, water supply,
roads, and other needed public facilities and services as defined in the concurrency
management system.
2) Provided convenient and safe access by pedestrian, bicycle, transit, and vehicle
circulation systems located on or accessible from minor and major arterial roads.
Section 11: Community fac�Cf)
a: The purpose of the community facilities (Cf) zone is to specifically separate and
control those public, semi-public, institutional, and private properties, facilities, and
services that prime and make feasible centers of urban use. It is also the purpose of this
zone to coordinate these uses to the extent that they are serving to prime the same
direction, magnitude, orientation, and form of urban growth and avoid waste,
inefficiency, or contradiction.
b: It is also the purpose of this zone to maximize the known efficiencies of investment,
land, site or facility sharing which are possible and desirable when infrastructure is
specifically allocated space within the community.
c: It is also the purpose of this zone to resolve contradictions or disagreements that could
arise between the various agencies or parties responsible for each infrastructure element
and the specific public objectives for which they are accountable. This purpose is
accomplished by:
1) Designating the public use as a specific zone subject to the comprehensive plan
making process and public forums intended for this purpose.
d: It is also the purpose of this zone to identify, protect, provide for, and ensure the
harmonious relationship, scale, extent, provisions, character, location, and surrounding
environs of public, semipublic or commercial use of lands and structures for open space,
park, and recreational activities. This purpose is accomplished by:
1) Designating the public, semipublic or commercial use as a specific zone
subject to the comprehensive plan making process and public forums intended for this
purpose.
e: It is also the purpose of this zone to provide for and protect the buffer zones, access,
and land use relationships which are often unique between infrastructure and other urban
uses such that neither use intrudes upon the other. This purpose is accomplished by:
1) Excluding residential, commercial, office, industrial or other land uses that
may cause conflicts with or be adversely affected by the principal public activities, uses
or structures contained within this zone.
f. This zone is appropriate where:
1) Designated by the comprehensive plan when the areas are served at the time of
development by adequate public sewer, water supply, roads, and other needed public
facilities and services as defined in the concurrency management system.
2) Provided convenient and safe access by pedestrian, bicycle, transit, and vehicle
circulation systems located on or accessible from minor and major arterial roads.
Section 12: Critical environmental area overlay designations
a: The purpose of the critical environmental area overlay designation (-ce suffix to zone's
map symbol) is to protect those lands and soils that are incapable of urban use and which
pose special hazard, pollution, or degradation to the environment surrounding, or the
public at large, if subjected to improper management and development. These purposes
are accomplished by identifying the limited performance criteria created by:
1) tributary drainage systems,
2) floodplains and stream buffers,
3) impermeable soils and wetlands,
4) shallow depth to seasonal high water tables,
5) noncompressive or unstable soil materials,
6) bedrock escarpments,
7) steep slope and erosion hazard,
8) other hazards,
9) archaeological sites and land forms.
b: This zone is appropriate for lands determined to be environmentally sensitive or
critical areas as defined by the Washington State Growth Management Act (GMA) and
the Port Orchard Comprehensive Plan.
Section 136 Special district overlay designations (-sue
The purpose of the special district overlay designation (-sdod suffix to zone's map
symbol) is to carry out comprehensive plan policies that identify special opportunities for
achieving public benefits by permitting or requiring alternative uses and development
standards that differ from this document. Special district overlays are generally applied to
a group of individual properties or subareas and are designated primarily through the area
zoning process. Potential special district overlay designations may include:
a- A downtown/waterfront overlay (-dam - defining parking areas, pedestrian access
routes, site and building design characteristics, ground floor building uses and activities,
streetscape furnishings and enhancements, and other performance considerations for the
historic mixed use Port Orchard downtown/waterfront area.
h_ An historic residential neighborhood overlay (Tim - defining parking and access
arrangements, building envelopes, building design features, landscape materials, and
other performance considerations for the historic Port Orchard residential neighborhoods.
c_ A Ross Creek corridor overlay (Tss) - defining building setbacks, buffer planting
zones, planting materials, signage, and other improvements along the Ross Creek
drainage corridor in accordance with the provisions of the Ross Creek Management Plan.
d_ A Blackjack Creek corridor overlay (Jam - defining building setbacks, buffer
planting zones, planting materials, signage, and other improvements along the Blackjack
Creek drainage corridor in accordance with the provisions of the Blackjack Creek
Comprehensive Management Plan.
e- A Tremont Street corridor overlay(-trmmttl - defining building setbacks, buffer planting
zones, planting materials, signage, and other improvements along the Tremont Street
corridor in accordance with the provisions of the Tremont Corridor Specific Plan.
Section 14: Property -specific development standards (-W
The purpose of the property -specific development standards designation (-p suffix to
zone's map symbol) is to indicate that conditions beyond the minimum requirements of
this document have been applied to development on the property, including but not
limited to increased development standards, limits on permitted uses or special conditions
of approval.
Section 15: Site plan specific rezone ordinance (-
The purpose of the site plan specific rezone ordinance designation (-sp suffix to zone's
map symbol) is to indicate that the property is subject to a site plan specific rezone
ordinance. Any major modification, deviation or departure from the originally approved
site plan shall require city council approval in accordance with Part 2 of the city of Port
Orchard Planning and Development Procedures. Removal of the —sp suffix shall be made
by ordinance amending the zoning map.
Section 16: Zoning maps and boundaries
a: The location and boundaries of the zones defined by this chapter shall be shown and
delineated on zoning maps adopted by ordinance.
b: Changes in the boundaries of the zones, including application or amendment or interim
zoning, shall be made by ordinance adopting or amending the zoning map.
132: Definitions - land use
sections•
Section 1: Scope
Section 2: Accessory living quarters
Section 3: Accessory use - commercial/industrial
Section 4: Accessory use - residential
Section 5: Accessory use - resource agricultural
Section 6: Adult entertainment facility
Section 7: Agricultural crop sales
Section 8: Agricultural processing
Section 9: Aircraft, ship, boat building, and repair
Section 10: Airport/heliport
Section 11: Amusement arcades
Section 12: Auction house
Section 13: Automobile - service station
Section 14: Bed and breakfasts
Section 15: Book, stationery, video, and art supply store
Section 16: Building, hardware, and garden materials store
Section 17: Bulk retail
Section 18: Campground
Section 19: Cattery
Section 20: Cemetery, columbarium or mausoleum
Section 21: Church, synagogue or temple
Section 22: Communication facility - major
Section 23: Communication facility - minor
Section 24: Conference center
Section 25: Daycare
Section 26: Department and variety store
Section 27: Destination resort
Section 28: Dormitory
Section 29: Drug store
Section 30: Dwelling unit
Section 31: Dwelling unit - accessory
Section 32: Dwelling unit - group: community residential facility (CRF)
Section 33: Dwelling unit - group: community residential facility (CRF) - prisoner
release
Section 34: Dwelling unit - group: senior citizen assisted
Section 35: Dwelling unit - houseboat
Section 36: Dwelling unit - manufactured home
Section 37: Dwelling unit - mobile home
Section 38: Dwelling unit - modular home
Section 39: Dwelling unit - multiple family and mixed use
Section 40: Dwelling unit - single family attached
Section 41: Dwelling unit - single family detached
Section 42: Earth station - major
Section 43: Energy resource recovery facility
Section 44: Fabric shop
Section 45: Fairground
Section 46: Feed store
Section 47: Florist shop
Section 48: Forest product sales
Section 49: Forest research
Section 50: Furniture and home furnishings store
Section 51: General business service
Section 52: Golf facility
Section 53: Health services - clinic
Section 54: Heavy equipment repair
Section 55: Helipad
Section 56: Hobby, toy, and game shops
Section 57: Home (cottage) industry
Section 58: Home occupation
Section 59: Home profession
Section 60: Hospitals
Section 61: Hotels and motels
Section 62: Lodging house
Section 63: Hotels - rooming and boarding houses
Section 64: Hydroelectric generation facility
Section 65: Individual transportation and taxi
Section 66: Interim recycling facility
Section 67: Jail
Section 68: Jail farm
Section 69: Jewelry store
Section 70: Kennel
Section 71: Landfill
Section 72: Landing field
Section 73: Log storage
Section 74: Marina
Section 75: Marina — boat repair
Section 76: Marine cargo handling - pier
Section 77: Mobile home park
Section 78: Monuments, tombstones, and gravestones sales
Section 79: Motor vehicle dealers
Section 80: Motor vehicle and bicycle manufacturing
Section 81: Municipal water production
Section 82: Non -hydroelectric generation facility
Section 83: Park
Section 84: Personal medical supply store
Section 85: Pet shop
Section 86: Photographic and electronic shop
Section 87: Professional office
Section 88: Public agency animal control facility
Section 89: Public agency archive
Section 90: Public agency office
Section 91: Public agency training facility
Section 92: Public agency yard
Section 93: Recreational vehicle parks
Section 94: School bus base
Section 95: School district support facility
Section 96: Schools, elementary and middle/junior high
Section 97: Schools, secondary or high
Section 98: Self-service storage facility
Section 99: Shooting range
Section 100: Specialized instruction school
Section 101: Sporting goods store
Section 102: Sports club
Section 103: Stable
Section 104: Subregional utility
Section 105: Trails
Section 106: Transfer station
Section 107: Transit bus base
Section 108: Transit park and ride lot
Section 109: Transmission line booster station
Section 110: Veterinary clinic
Section 111: Vocational school
Section 112: Warehousing and wholesale trade
Section 113: Warehousing and storage - yards
Section 114: Wastewater treatment facility
Section 115: Wildlife shelter
Section 116: Work release facility
Section 117: Yard waste processing facility
This chapter defines land uses listed in the tables under permitted uses. The definitions in
this chapter supplement those in the Standards Industrial Classification Manual (SIC).
See Chapter 1 for rules on interpretation of the code, including use of these definitions
and the SIC.
Section 2: Accessory living quarters
Living quarters in an accessory building for the use of the occupant or persons employed
on the premises, or for temporary use of guests of the occupant. Such quarters are not
otherwise used as a separate dwelling unit.
Section 3: Accessory use - commercial/industrial
a) A use that is subordinate and incidental to a commercial or industrial use; including,
but not limited to the following:
1) employee exercise facilities,
2) employee food service facilities,
3) incidental storage of raw materials and finished products sold or manufactured
on -site, and
4) business owner or caretaker residence.
b) Some accessory uses within the scope of this section may be defined separately to
enable the code to apply to different conditions of approval.
Section 4: Accessory use - residential
e
a) A use, structure, or activity that is subordinate and incidental to a residence including,
but not limited to, the following:
1) fallout/bomb shelters,
2) keeping household pets provided the number, location, type or other
characteristic does not adversely affect public health conditions and is not accomplished
for a commercial purpose as in a kennel, cattery, or stable,
3) private gardens, pea -patch farms, fish and wildlife ponds,
4) on -site rental office,
5) pools, private docks, piers,
6) antennae or satellite dish for private telecommunication services,
7) storage of yard maintenance equipment, or
8) storage of private vehicles such as motor vehicles, boats, or planes.
b) Some accessory uses within the scope of this section may be defined separately to
enable the code to apply to different conditions of approval.
a) A use, structure, or part of a structure, that is customarily subordinate and incidental to
an agricultural resource use including, but not limited to the following:
1) housing of agricultural workers, or
2) storage of agricultural products or equipment used on -site.
b) Some accessory uses within the scope of this section may be defined separately to
enable the code to apply to different conditions of approval.
Section 6: Adult entertainment facility
An enterprise whose predominant emphasis is involved in the selling, renting or
presenting for commercial purposes of adult entertainment merchandise including books,
magazines, motion pictures, films, video cassettes, or cable television for observation by
patrons therein. Examples of such establishments include, but are not limited to, adult
book or video stores and establishments offering panoramas, or peep shows.
"Predominant emphasis" means fifty percent (50%) or more of gross revenue generated
or total volume of shelf space and display area whichever is more restrictive.
Any building or portion of a building which contains any exhibition or dance or other live
entertainment, performance, or activity distinguished or characterized by emphasis on the
depiction, simulation or relation to "specified sexual activities" as defined in Chapter A3 for
observation by patrons therein. Examples of such establishments include, but are not limited
to, establishments offering peep shows, and/or topless or nude dancing.
Section 7: Agricultural crop sales
The retail sale of fresh fruits, vegetables, flowers, and other products grown on -site. This
use is frequently found in roadside stands or self -pick establishments and includes uses
located in SIC major group and industry group numbers:
1) 01-Agricultural production - crops, and
2) 543-Fruit and vegetable stands.
Section R: Agricultural processing
Preparing harvested crops or products of animal or poultry husbandry for marketing,
transportation or further processing including but not limited to SIC industry numbers:
1) 0214-Goat milk production, wool production, etc; and
2) 0241-Dairy farms and similar activities.
Section 9: Aircraft, ship, boat building, and repair
The fabrication and/or assembling of aircraft, ships or boats, and including uses located
in SIC industry group numbers:
1) 372-Aircraft and parts, and
2) 373-Ship and boat building and repair.
Section 10: Airport/heliport
Any runway, landing area or other facility which is designed to be used by both public
carriers or private aircraft for the landing and taking off of aircraft, including:
1) Taxiways,
2) Aircraft storage and tie -down areas,
3) Hangars,
4) Servicing, and
5) Passenger and air freight terminals.
Section I I a Amusement arcades
A building or part of a building in which a total of 5 or more pinball machines, video
games, or other such player -operator amusement devices in total (excluding juke boxes
or gambling -related machines) are operated as a commercial activity.
Section 12: Auction house
An establishment where the property of others is sold by a broker or auctioneer to
persons who attend scheduled sales periods or events.
Section 13: Automobile - service station
Any building, and the lot on which it is located, that is used for the sale of gasoline or
other motor fuels, oils, lubricants, and for the minor servicing of motor vehicles.
Gasoline service stations primarily engaged in selling gasoline and lubricating oils.
Frequently sell other merchandise, such as tires, batteries, and other automobile parts, or
perform minor repair work. Classified by the principal use when combined with other
activities, such as grocery stores, convenience stores, or carwashes.
Section 14: Red and breakfasts
An owner occupied dwelling unit or accessory building within which no more than 5
bedrooms are available for paying guests on a daily basis.
Section 15: Rook, stationery; video, and art supply store
An establishment engaged in the retail sale of books and magazines, stationery, video,
and art supplies, including uses located in SIC industry numbers:
1) 5942-Book stores,
2) 5943-Stationery stores,
3) 5999-Architectural supplies and artists' supply and materials stores, and
4) 7841-Video tape rental.
Section 16: Building, hardware, and garden materials store
An establishment engaged in selling lumber and other building materials, feed, and lawn
and garden supplies; including, but not limited to uses located in SIC major group
number 52-Building materials, hardware, garden supply, excluding mobile home dealers.
Section 17: Bulk retail
An establishment offering the sale of bulk goods to the general public, including limited
sales to wholesale customers. These establishments may include a variety of lines of
merchandise including food, building, hardware and garden materials, dry goods, apparel
and accessories, home furnishings, housewares, drugs, auto supplies, hobby, toys, games,
photographic, and electronics.
Section 1 S: Campground
r�
An area of land on which accommodations for temporary occupancy such as tents or
recreational vehicles without hook-up facilities are permitted and which is used primarily
for recreational purposes on an extended basis over a season or year-round and/or as a
commercial activity.
Section 196 Cattery
A place where adult cats are temporarily boarded for compensation, whether or not for
training. An adult cat is of either sex, altered or unaltered, that has reached the age of 6
months.
Section 20_ Cemetery„ columharium or mausoleum
Land or structures used for burial of the dead. For purposes of this code, pet cemeteries
are considered a subclassification of this use.
Section 21: Church, synagogue or temp
A place where religious services are conducted, and including accessory uses in the
primary or accessory buildings such as religious education, reading rooms, assembly
rooms, and residences for nuns and clergy, but excluding facilities for training of
religious orders; including uses located in SIC industry number 866.
Section 22: Communication facility _ ma*
A communication facility for transmission and reception of.
1) UHF and VHF television signals,
2) FM or AM radio signals, or
3) cellular radio signals.
Section 23: Communication facility - minor
e
A communication facility for transmission and reception of.
1) 2-way and/or citizen band ("CB") radio signals,
2) point-to-point microwave signals,
3) signals through FM radio translators, or
4) signals through FM radio boosters under 10 volts effective radiated power
(ERP)
Section 24: Conference center
An establishment developed primarily as a meeting facility, including facilities for
recreation, overnight lodging, and related activities provided for conference participants.
Section 25: Daycare
An establishment for group care of non-resident adult or children. Daycare shall include,
but not be limited to, SIC industry number 835-Child daycare services, SIC industry
number 8322-Adult daycare centers and the following:
1) adult daycare, such as adult day health centers or social daycare as defined by
the Washington State Department of Social & Health Services,
2) nursery schools for children under minimum age for education in public
schools,
3) privately conducted kindergartens or prekindergartens when not a part of a
public or parochial school, and
4) programs covering before and after -school care for school children.
An establishment engaged in the retail sale of a variety of lines of merchandise, such as
dry goods, apparel and accessories, home furnishings, housewares, and including uses
located in SIC major group and industry numbers:
1) 53-General merchandise,
2) 5947-Gift, novelty, and souvenir shops, and
3) 5948-Luggage and leather goods stores.
Section 27: Destination resort
An establishment for resource -based recreation and intended to utilize outdoor
recreational opportunities, including related services, which may include food, overnight
lodging, equipment rentals, entertainment and other conveniences for guests of the resort.
Section 28: Dormitnry
A residential building that provides sleeping quarters, but not separate dwelling units,
and may include common dining, cooking, and recreation or bathing facilities.
An establishment engaged in the retail sale of prescription drugs, nonprescription
medicines, cosmetics, and related supplies, including uses located in SIC industry group
and numbers:
1) 591-Drug stores and proprietary stores,
2) 5993-Tobacco stores and stands, and
3) 5999-Cosmetics stores.
Section 30: Dwelling unit
One or more rooms designed for occupancy by a person or family for living and sleeping
purposes, containing kitchen facilities and rooms with internal accessibility, for use
solely by the dwelling's occupant; including but not limited to bachelor, efficiency, and
studio apartments, modular, and manufactured homes.
Section 31: Dwelling unit - accessory
A separate, complete dwelling unit attached to or contained within the structure of the
primary dwelling; or contained within a separate structure that is accessory to the primary
dwelling unit on the premises.
Section 32: Dwelling unit - gip: community residential facility (C
Living quarters meeting applicable federal and state standards that function as a single
housekeeping unit and provide supportive services for a group of individuals comprising
more than a family (8 or more individuals excluding staff), including but not limited to
counseling, rehabilitation, and medical supervision, including drug and alcohol
detoxification but excluding prisoner release participants.
release
Living quarters meeting applicable federal and state standards that function as a single
housekeeping unit and provide supportive services for a group of individuals comprising
more than a family (8 or more individuals excluding staff), including but not limited to
counseling, rehabilitation, and medical supervision, excluding drug and alcohol
detoxification, specifically for prisoner release participants and programs such as
half -way houses.
A building containing 2 or more dwelling units restricted to occupancy by senior citizens,
and including, but not limited to the following support services, as deemed necessary:
1) food preparation and dining areas,
2) group activity areas,
3) medical supervision,
4) attendant staff living quarters, and
5) similar activities.
Section 35: Dwelling unit - houseboat
A watercraft structure designed primarily to be occupied as a dwelling unit that does not
have a motor but is provided with sewer and water hookups.
Section 36: Dwelling unit — manufactured home
A single family residence constructed 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:
1) is comprised of at least two fully enclosed parallel sections each of not less
than twelve feet wide by thirty-six feet long; and
2) 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
3) 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
4) 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
5) must meet the thermal equivalent of not less than the State Energy Code and
therefore be classified as a "Super Good Sense Home".
Section 37: Dwelling unit - mohile home
A single family residence transportable in one or more sections that 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 after June 15, 1976. Mobile homes do
not include recreational vehicles.
Section 3R: Dwelling unit — modular home
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. Such structures shall meet the
following requirements:
1) is comprised of at least two fully enclosed parallel sections each of not less
than twelve feet wide by thirty-six feet long; and
2) 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
3) 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
4) 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.
Section 39: Dwelling unit - multiple family and mixed use
A building containing 2 or more dwelling units which may be organized in stacked
arrangements (multiple floors), or in buildings with nonresidential uses, such as a mixed
use structure with retail, office or other uses on the ground or lower floors.
Section 40: Dwelling unit - single family attached
A building containing 1 dwelling unit that occupies space from the ground to the roof,
and is attached to 1 or more other townhouse dwellings by common walls which may be
located on lot lines. May include buildings with a varying number of units that share one
or more sidewalls such as patio house, atrium house, duplex, quadplex, and multiplex or
townhouse.
Section 41: Dwelling unit - singe family detached
A detached building containing 1 dwelling unit. This includes stick -built, manufactured
and modular homes. May be arranged in a variety of lot configurations including zero lot
line, village, and cluster.
Section 42: Earth station - mayor
A communication facility that transmits and/or receives signals to and from an orbiting
satellite using satellite dish antennas that are larger than 12 feet in diameter.
Section 43: Energy resource recovery facility.
An establishment for recovery of energy in a usable form from mass burning or
refuse -derived fuel incineration, pyrolysis or any other means of using the heat of
combustion of solid waste.
Section 44: Fabric shop
An establishment engaged in the retail of sewing supplies and accessories, including uses
located in SIC industry numbers:
1) 5949-Sewing, needlework, and piece goods stores, and
2) Awning shops, banner shops, and flag shops found in 5999.
Section 4.5: Fairground
A site permanently designated and improved for holding a county fair, as provided in
RCW Chapters 15.76 and 36.37, or for holding similar events, including but not limited
to:
1) Carnivals,
2) Circuses,
3) Expositions,
4) Animal shows, and
5) Exhibitions and/or demonstrations of farm and home products with
accompanying entertainment and amusements.
Section 46: Feed store
An establishment engaged in retail sale of supplies directly related to the day to day
activities of agricultural production.
Section 47: Florist shop
An establishment engaged in the retail sale of flowers and plants, including uses located
in SIC industry numbers:
1) 5992-Florists, and
2) 5999-Artificial flowers.
The sale of goods produced, extracted, consumed, gathered or harvested from a forest
including, but not limited to:
1) Trees,
2) Logs,
3) Fuel wood,
4) Cones,
5) Christmas trees,
6) Berries,
7) Herbs, or
8) Mushrooms.
Section 49: Forest research
The performance of scientific studies relating to botany, hydrology, silviculture, biology,
and other branches of science in relation to management of forest lands, including but not
limited to SIC industry numbers:
1) 873 1 -Commercial physical and biological research,
2) 873 3 -Noncommercial research organizations, and
3) 8734-Testing laboratories.
Section 50: Furniture and home furnishings store
An establishment engaged in the retail sale of household furniture and furnishings for the
home including uses located in SIC major group and industry numbers:
1) 57-Home furniture, furnishings, and equipment stores.
Section 51: General business service
An establishment engaged in providing services to businesses or individuals, with no
outdoor storage or fabrication, including uses located in SIC major group numbers:
1) 60-Depository institutions,
2) 6 1 -Nondepository credit institutions,
3) 62-Security and commodity brokers, dealers, exchanges, and services,
4) 653-Real estate agents and managers,
5) 7299-Miscellaneous personal services, not elsewhere classified,
6) 73-Business services, except industry group and industry numbers
7312-Outdoor advertising services,
7) 3 5 -Miscellaneous equipment rental and leasing, and
8) 86-Membership organizations, including administrative offices of organized
religions found in 8661, but excluding churches and places of worship.
Section 52: Golf facility
A recreational facility, under public or private ownership, designed and developed for
uses including, but not limited to:
1) A golf course,
2) Driving range,
3) Pro shops,
4) Caddyshack buildings,
5) Restaurants,
6) Office and meeting rooms, and
7) Related storage facilities.
Section 53: Health services - clinic
Establishments primarily engaged in furnishing medical, surgical, and other health
services to persons. Establishments or associations or groups, such as Health
Maintenance Organizations (HMOs), primarily engaged in providing medical or other
health services to members are included except those which limit their services to
insurance. Includes hospices, offices and clinics for doctors of medicine, dentists, doctors
or osteopathy, chiropractors, optometrists, podiatrists, and health practitioners not
classified elsewhere.
Section 54: Healy equipment repair
The repair and maintenance of self -powered, self-propelled or towed mechanical devices,
and equipment and vehicles used for commercial purposes, excluding:
1) Automobiles,
2) Recreational vehicles, and
3) Boats and trailers,
and including, but not limited to:
1) Tandem axle trucks,
2) Graders,
3) Backhoes,
4) Tractor trailers,
5) Cranes, and
6) Lifts.
Section 55: Helm
A landing area designed for the landing of helicopters, including associated parking,
lighting, and related safety/security improvements.
Section 56: Hohhy,,, toy, and game chops
An establishment engaged in the retail sale of toys, games, hobby, and craft kits,
including uses located in SIC industry numbers:
1) 5945-Hobby, toy, and game shops, and
2) 5999-Autograph and philatelist supply stores, coin shops, and stamps,
philatelist -retail (except mail order).
Section 57_ Home (cottage) industa
A limited -scale activity undertaken for financial gain with some on -site service or sale or
fabrication, which occurs in a dwelling unit or residential accessory building, or in a barn
or other resource accessory building and is subordinate to the primary use of the premises
as a residence or farm.
Section 58: Home occupation
A limited -scale activity undertaken for financial gain with some on -site sales or service,
which occurs in a dwelling unit or accessory building and is subordinate to the primary
use of the premises as a residence.
Section 59: Home profession
A limited -scale activity undertaken for financial gain with no on -site fabrication, service
or sales, which occurs in a dwelling unit or accessory building and is subordinate to the
primary use of the premises as a residence.
Section 60: Hospitals
Establishments primarily engaged in providing diagnostic services, extensive medical
treatment including surgical services, and other hospital services, as well as continuous
nursing services. These establishments have an organized medical staff, inpatient beds,
and equipment and facilities to provide complete health care. Does not include
convalescent homes.
Section 61: Hotels and motels
Commercial establishments with more than 5 guest rooms, known to the public as hotels,
motor hotels, motels, or tourists' courts, primarily engaged in providing lodging, or
lodging and meals, for the general public. Includes hotels that are operated by
membership organizations and are open to the general public.
Section 62: Lodging house
Lodging houses and hotels operated by membership organizations for the benefit of their
constituents and not open to the general public. Additional information can be found
within SIC 7041.
Section 63: Hotels -rooming and hoarding bouses
Establishments primarily engaged in renting rooms, with or without board, on a fee basis.
Does not include lodging houses and hotels operated by membership organizations for
the benefit of their constituents and not open to the general public.
Section 64: HXdroeleetHe generation facility
An establishment for the generation of electricity using water sources.
Section 6.5: individual transportation and taxi
An establishment engaged in furnishing individual or small group transportation by
motor vehicle, including uses located in SIC industry group and numbers:
1) 412-Taxicabs, and
2) 4119-Local passenger transportation, not elsewhere classified.
Section 66: lnterim recycling facility
A site or establishment engaged in collection or treatment of recyclable materials, which
is not the final disposal site, and including:
1) Drop boxes,
2) Source -separated, organic waste processing facilities, and
3) Collection, separation, and shipment of glass, metal, paper or other recyclables
to others who will re -use them or use them to manufacture new products.
Section 67: Jail
A facility operated by a governmental agency; designed, staffed, and used for the
incarceration of persons for the purpose of punishment, correction, and rehabilitation
following conviction of an offense.
Section 68: Jail farm
A farm or camp on which persons convicted of minor law violations are confined and
participate in agriculture and other work activities of the facility.
Section 69: Jewelry store
An establishment engaged in the retail sale of a variety of jewelry products, including
uses located in SIC industry numbers:
1) 5944-Jewelry stores, and
2) Gem stones and rock specimens found in 5999.
Section 70: Kennel
A place where adult dogs are temporarily boarded for compensation, whether or not for
training. An adult dog is one of either sex, altered or unaltered, that has reached the age
of 6 months.
Section 71: Landfill
A disposal site or part of a site at which refuse is deposited.
Section 72: landing field
A runway or landing area which is designed, used or intended to be used by private fixed
wing aircraft, including necessary taxiways, storage, and tie -down areas.
Section 73: Log storage
A facility for the open or enclosed storage of logs which may include repair facilities for
equipment used on -site or operations offices.
Section 74: Marina
A water -dependent facility that provides moorage, wet and/or dry storage, and other
related sales and maintenance services, for pleasure and commercial craft. Does not
include community and public docks. Does not allow overhauls, engine pulling, or
bottom painting. Live aboards are permitted only in established marinas and shall
comply with the rules and regulations of that marina. Allows personal services,
including but not limited to:
1) Showers,
2) Toilets,
3) Self-service laundries, and
4) Boat fuel.
Section 7.5: Marina — boat repair
An establishment providing docking, moorage space, and related activities limited to the
provisioning or repair of pleasure and commercial boats and yachts, and personal
services.
Section 76: Marine cargo handling - pier
A fixed structure built over the water, used as landing place for marine transport or for
recreational purposes.
Section 77: Mobile home park
A development with 2 or more improved pads or spaces designed to accommodate
mobile homes.
Section 78: Monuments, tombstones, and gravestones sales
The retail sale of custom stonework products including uses located in SIC industry
number 5599-Monuments, finished to custom order, tombstones, and gravestones
finished.
Section 79: Motor vehicle dealers
An establishment engaged in the retail sale of new and/or used automobiles, motor
homes, motorcycles, or trailers, including uses located in SIC major group and industry
group numbers:
1) 55-Automobile dealers and gasoline service stations except:
a) 553-Auto and home supply stores,
b) 554-Gasoline service stations, and
2) Aircraft dealers found in 5599.
Section 80: Motor vehicle and bicycle manufacturing
Fabricating or assembling complete passenger automobiles, trucks, commercial cars and
buses, motorcycles, and bicycles, including uses located in SIC industry group numbers:
1) 371-Motor vehicles and motor vehicle equipment, and
2) 3 75 -Motorcycles, bicycles, and parts.
Section 81: Municipal water production
The collection, processing, and transmission facilities for municipal water systems, using
surface water sources.
Section 82: Nun -hydroelectric generation facility
An establishment for the generation of electricity by nuclear reaction, burning fossil
fuels, wind and solar machines or other electricity generation methods.
Section 83: Park
A site designed or developed for recreation use by the public including, but not limited
to:
1) Indoor facilities, such as:
a) Gymnasiums,
b) Swimming pools, or
c) Activity centers, and
2) Outdoor facilities, such as:
a) Playfields, courts, playgrounds, and areas,
b) Fishing and boating access areas, or
c) Picnicking and other group activity areas, and
3) Areas and trails for:
a) Hikers,
b) Equestrians, or
3) Bicyclists.
Section 84: Personal medical supply store
An establishment engaged in the retail sale of eyeglasses, contact lenses, hearing aids,
and artificial limbs, including uses located in SIC industry numbers:
1) 5995-Optical goods stores, and
2) 5999-Hearing aids and orthopedic and artificial limb stores.
Section 85: Pet shop
An establishment engaged in the retail sale of pets, pet supplies, or grooming of pets,
including uses located in SIC industry number 5999-Pet shops.
Section 86: Photographic and electronic shoe
An establishment engaged in the retail sale of cameras and photographic supplies, and a
variety of household electronic equipment, including uses located in SIC industry
number:
1) 5946-Camera and photographic supply stores, and
2) 5999-Binoculars and telescopes.
An office used as a place of business by licensed professionals, or persons in other
generally recognized professions, which use training or knowledge of a technical,
scientific or other academic discipline as opposed to manual skills, and which does not
involve outside storage or fabrication, or on -site sale or transfer of commodities,
including the following SIC major group and industry numbers:
1) 64-Insurance agents, brokers, and service,
2) 653-Real estate agents and managers,
3) 7291-Income tax return preparation services,
4) 81-Legal services,
5) 87 1 -Engineering, architectural, and surveying services,
6) 872-Accounting, auditing, and bookkeeping services, and
7) 874-Management and public relation services.
Section RR: Public agency animal control facility
A facility for the impoundment and disposal of stray or abandoned small animals.
Section 89: Public agency archive
Facilities for the enclosed storage of public agency documents or related materials,
excluding storage of vehicles, equipment, or similar materials.
Section 90: Public agency office
An office for the administration of any governmental activity or program, with no
outdoor storage and including, but not limited to uses located in SIC major group,
industry group, and industry numbers:
1) 91-Executive, legislative, and general government, except finance,
2) 93-Public finance, taxation, and monetary policy,
3) 94-Administration of human resource programs,
4) 95-Administration of environmental quality and housing programs,
5) 96-Administration of economic programs,
6) 972-International affairs,
7) 9222-Legal counsel and prosecution, and
8) 9229-Public order and safety.
Section 91 a Public agency training facility
An establishment or school for training state and local law enforcement, fire safety,
national guard or transit personnel and facilities including but not limited to:
1) Dining and overnight accommodations,
2) Classrooms,
3) Shooting ranges,
4) Auto test tracks, and
5) Fire suppression simulations.
Section 92: Puhlic agency yard
A facility for open or enclosed storage, repair, and maintenance of vehicles, equipment,
or related materials, excluding document storage.
Section 93: Recreational vehicle narks
The use of land upon which 2 or more recreational vehicle sites, including hook-up
facilities, are located for occupancy by the general public of recreational vehicles as
temporary living quarters for recreation or vacation purposes.
Section 94: School hus hale
An establishment for the storage, dispatch, repair, and maintenance of coaches and other
vehicles of a school transit system.
Section 95: School district support facility
n
Uses (excluding schools and bus bases) that are required for the operation of a school
district including centralized kitchens, and maintenance or storage facilities.
Section 96: Schools, elementary and middle/junior high
Institutions of learning offering instruction in the several branches of learning and study
required by the Education Code of the State of Washington in grades kindergarten
through 9, including associating meeting rooms, auditoriums, and athletic facilities.
Section 96a: Schools rip ovate
Private institutions of learning having a curriculum below the college level as required by
the common school provisions of the State of Washington.
Section 97: Schools, secondary or�hiuh
Institutions of learning offering instruction in the several branches of learning and study
required by the Education Code of the State of Washington in grades 9 through 12,
including associated meeting rooms, auditoriums, and athletic facilities.
Section 98: Self-service storage facility
An establishment containing separate storage spaces that are leased or rented as
individual units.
Section 99: Shooting range
A facility designed to provide a confined space for safe target practice with firearms,
archery equipment, or other weapons.
Section 100: Specialized instruction school
Establishments engaged in providing specialized instruction in a designated field of
study, rather than a full range of courses in unrelated areas including, but not limited to:
1) Art,
2) Dance,
3) Music,
4) Cooking,
5) Driving, and
6) Pet obedience training.
Section 101: Sporting goods store
An establishment engaged in the retail sale of sporting goods and equipment, including
uses located in SIC industry numbers:
1) 5941-Sporting goods stores and bicycle shops, and
2) 5999-Tent shops and trophy shops.
Section 102: Snorts club
An establishment engaged in operating physical fitness facilities and sports and
recreation clubs, including uses located in SIC industry numbers:
1) 7991-Physical fitness facilities, and
2) 7997-Membership sports and recreation clubs.
Section 103: Stable
A structure or facility in which horses or other livestock are kept for:
1) Boarding,
2) Training,
3) Riding lessons,
4) Breeding,
5) Rental, or
6) Personal use.
Section 104: Suhregional utilitvX
A facility for the distribution or transmission of services to an area requiring location in
the area to be served including, but not limited to:
1) Telephone exchanges,
2) Water pumping or treatment stations,
3) Electrical switching substations,
4) Water storage reservoirs or tanks,
5) Municipal groundwater well -fields, and
6) Retention/detention facilities.
Section 105: Trails
Man-made pathways designed and intended for use by nonmotorized transportation
modes including pedestrians, bicyclists, equestrians, and/or recreational users.
Section 106: Transfer station
A staffed collection and transportation facility used by private individuals and route
collection vehicles to deposit solid waste collected off -site into larger transfer vehicles
for transport to permanent disposal sites, and may also include recycling facilities
involving collection or processing for shipment.
Section 107: Transit hus base
An establishment for the storage, dispatch, repair, and maintenance of coaches, light rail
trains, and other vehicles of a public transit system.
Section 108: Transit nark and ride lot
Vehicle parking specifically for the purpose of access to a public transit system as a
stand-alone facility.
Section 109: Transmission line booster station
An establishment containing equipment designed to increase voltage of electrical power
transported through transmission and/or distribution lines to compensate for power loss
due to resistance.
Section 110: Veterinary clinic
Establishments of licensed practitioners primarily engaged in the practice of veterinary
medicine, dentistry, or surgery. Animal hospitals and spay and neuter clinics are
included. Ancillary and/or subordinate uses to the veterinary clinic such as grooming or
overnight boarding are permissible.
Section 111: Vocational school
Establishments offering training in a skill or trade to be pursued as a career, including
uses located in SIC industry group number:
1) 824-Vocational schools, and
2) 8222-Technical institutes.
Section 112: Warehousing and wholesale trade
Establishments involved in the storage and/or sale of bulk goods for resale or assembly,
excluding establishments offering the sale of bulk goods to the general public which is
classified as a retail use in this document. These establishments shall include SIC major
group numbers 50 and 51 and SIC industry group number 422 and 423.
Section 113: Warehousing and storage - yards
A land area of 2,000 square feet or more used for the storage of any material, including
items for storage, sale, lease, processing, and repair (including vehicles), not in a
structure
comprised of at least 3 walls and a roof. Does not include a lot used for the sale of motor
and/or marine vehicles.
Section 114: Wastewater treatment facility.
A plant for collection, decontamination, and disposal of sewage, including residential,
industrial, and agricultural liquid wastes, and including any physical improvement within
the scope of the definition of "water pollution control facility" set forth in WAC
173-90-015(4) as amended.
Section 115: Wildlife shelter
A facility for the temporary housing of sick or wounded wildlife subject to licensing
conditions by appropriate county and state officials.
Section 1169 Work release facility
A facility which allows the opportunity for convicted persons to be employed outside of
the facility, but requires confinement within the facility when not in the place of
employment.
Section 117* Yard waste processing facifltX
A site where yard and garden wastes, including wood and land clearing debris, are processed into
new products which include, but are not limited to, soil amendments and wood chips.
B3: Permitted, conditional, and special use tables
Sections:
Section 1: Establishment of uses
Section 2: Interpretation of land use tables
Section 3: Conditional use permit
Section 4: Special use permit
Section 5: Property -specific development agreements
Section 6: Planned residential developments
Section 7: Variances
Section I Establishment of uses
The use of a property is defined by the activity for which the building or lot is intended,
designed, occupies, or maintained. The use is considered permanently established when
that use will or has been in continuous operation for a period exceeding 60 days. A use
which will operate for less than 60 days is considered a temporary use, and subject to the
requirements of this document. All applicable requirements of this document, or other
applicable state or federal requirements, shall govern a use located within the Port
Orchard incorporated area.
Section 2: interpretation of land use tables
a: The land use tables in this chapter determine whether a specific use is allowed in a
zone district. The zone district is located on the column and the specific use is located on
the row of these tables.
b: If no symbol appears in the box at the intersection of the column and the row, the use
is not allowed in that district, except for certain temporary uses.
c: If the letter "P" appears in the box at the intersection of the column and the row, the
use is allowed in that district subject to the review procedures and general requirements
specified in this document.
d: If the letter "C" appears in the box at the intersection of the column and the row, the
use is allowed subject to the conditional use review procedures and general requirements
specified in this document.
e: If the letter "S" appears in the box at the intersection of the column and the row, the
use is allowed subject to the special use permit review procedures and general
requirements specified in this document.
If a number appears in the box at the intersection of the column and the row, the use
may be allowed subject to the appropriate review process indicated above, the general
requirements of this document, and the specific conditions indicated in the development
condition with the corresponding number immediately following the land use table.
g: If more than 1 letter -number combination appears in the box at the intersection of the
column and the row, the use is allowed in that zone subject to different sets of limitation
or conditions depending on the review process indicated by the letter, the general
requirements of this document, and the specific conditions indicated in the development
condition with the corresponding number immediately following the table.
h: All applicable requirements shall govern a use whether or not they are
cross-referenced in a section.
Section I Conditional use ep rmit
A conditional use permit shall be granted only if the applicant demonstrates that
conditional use:
a: Will be designed in a manner which is compatible with the character and appearance
with the existing, or proposed development in the vicinity of the subject property;
b: Will not hinder neighborhood circulation or discourage the permitted development or
use of neighboring properties due to the location, size, and height of buildings, structures,
walls and fences, and screening vegetation of the proposed conditional use;
c: Will be designed in a manner that is compatible with the physical characteristics of the
subject property;
d: Will mitigate impacts in a manner equal to or greater than the standards of this code;
e: Will not conflict with the health and safety of the community;
Will not create pedestrian and vehicular traffic that will be hazardous or conflict with
existing and anticipated traffic in the neighborhood; and
g: Will provide adequate public facilities or services and will not adversely affect public
services to the surrounding area or conditions can be established to mitigate adverse
impacts on such facilities.
Section 4: Special use permit
A special use permit shall be granted only if the applicant demonstrates that the special
use:
a: Will not be unreasonably incompatible with the types of uses permitted in surrounding
areas;
b: Will not materially endanger the health, safety, and welfare of the community;
c: Will not create pedestrian and vehicular traffic that will be hazardous or conflict with
existing and anticipated traffic in the neighborhood;
d: Will provide adequate public facilities or services and will not adversely affect public
services to the surrounding area or conditions can be established to mitigate adverse
impacts on such facilities.
e: Will not hinder or discourage the appropriate development or use of neighboring
properties due to the location, size, and height of buildings, structures, walls and fences,
and screening vegetation of the proposed special use; and
f. Will not conflict with the policies of the comprehensive plan or the basic purposes of
this code.
Section 5: Property -specific development agreements
a: A property -specific development agreement may be proposed by the applicant to
permit a very specific use to be allowed which would otherwise not be granted. Such a
use must meet strict conditions and be a benefit to the surrounding neighborhood.
b: A property -specific development agreement cannot be used to expand permitted uses
or reduce minimum requirements of the code.
c: A property -specific use agreement shall be granted only if the proposed agreement
shall:
1) limit the range of permitted land uses, and/or
2) require special development standards for property with physical constraints,
such as environmental hazards and scenic views, and/or
3) require specific site design features, such as building orientation, lot layout,
clustering or access location, and/or
4) specify the phasing of the development of a site, and/or
5) require public facility sites or improvements, such as road improvements,
utilities, parks, open space or school sites.
Section 6: Planned residential devlopments
a: Planned residential developments may be proposed by the applicant to permit a
residential development which otherwise could not be granted. Such a development must
meet strict conditions and be a benefit to the surrounding neighborhood and community
at large. The applicant must specifically demonstrate why the planned residential
development is needed.
b: A planned residential development shall be granted only if the proposal shall:
1) benefit the community more than if the project complied with the established
standards, guidelines, and policies, and
2) clearly specify residential and other land uses through detailed site plans, lot
layouts, and building elevations, and/or
3) preserve unique or sensitive physical features such as steep slopes and views,
and retain natural vegetation, and/or
4) provide more open space and recreational amenities than would be available
under conventional land development practices, and/or
5) utilize creative design techniques to promote an uncluttered appearance such as
a variety of lot sizes, parking at the rear of sites and the provision of alleys, and/or
6) specifically demonstrate its benefit to the surrounding neighborhood and
community at large, and/or
7) specify the phasing of the development of a site, and/or
8) provide public facility sites or improvements, such as road improvements,
utilities, parks, or open space.
c: The submittal for planned residential development shall include the applicant's
written response for the items listed above in Section 6:b of Chapter B3.
SECTION 2. Foot Note 5: "Planned Residential Development review is
required" in the Residential Land Uses Table for Dwelling Units is deleted.
SECTION 3. Foot Note 6: "Planned Residential Development review is
required for all subdivisions" in the Residential Land Uses Table for Dwelling Units is
deleted.
Section 7: Variances
A variance shall be granted only if the applicant demonstrates all of the following:
a: The strict enforcement of the provisions of this title create an unnecessary hardship to
the property owner;
b: The variance is necessary because of the unique size, shape, topography, or location of
the subject property;
c: The subject property is deprived, by provisions of this title, of rights and privileges
enjoyed by other properties in the vicinity and under an identical zone;
d: The need for the variance is not the result of deliberate actions of the applicant or
property owner;
e: The variance does not create health and safety hazards;
f. The variance does not relieve an applicant from any of the procedural provisions of this
code;
g: The variance does not relieve an applicant from any standard or provision that
specifically states that no variance from such standard or provision is permitted;
h: The variance does not relieve an applicant from conditions established during prior
permit review or from provisions enacted pursuant to a property -specific development
standard;
is The variance does not allow establishment of a use that is not otherwise permitted in
the zone in which the proposal is located;
The variance does not allow the creation of lots or densities that exceed the base
residential density for the zone by more than 10 percent;
k: The variance is the minimum necessary to grant relief to the applicant;
1: The variance from setback or height requirements does not infringe upon or interfere
with easement or covenant rights or responsibilities; and
m: The variance does not relieve an applicant from any provisions under the critical areas
overlay district except for the required buffer area widths.
Resource land uses
(p=permitted, c=conditional, s=special use)
Greenbelt including conservation and open space
I
Residential - mobile home park
Residential - 4.5 units/net useable acre
Residential - 8.0 units/net useable acre
Residential 12.0 units/net useable acre
Residential 20.0 units/net useable acre
I I I I I I
I I I Commercial - retail and office
I I I I Mixed use district
I I I I I I I I
Employment - industrial/office
I I I I Community facilities
I I I I I I I I I I
Agriculture Gb Rmh R4.5 R8 R12 R20 Co Mxd Eo Cf
01 Growing and harvesting crops
p6
c
c
c
181 Greenhouses and nurseries
c
c5
c5
c5
02 Raising livestock and small animals
p7
Ic
c
c
08 Growing & harvesting forest
* Forest research
Fish and wildlife management
921 Hatchery/fish preserve p1
273 Aquaculture p1
* Wildlife shelters p c3
Mineral
10-13 Mineral extraction
14 Mining and quarrying c
32 Processing of minerals c4 c4 c
2951 Asphalt paving mixtures and blocks Ir, p
Resource accessory uses
Resource accessory uses Ic
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall
govern a use located within the Port Orchard incorporated area in addition to those described in the notes following.
May be further subject to the provisions of the Shoreline Management Program.
Only forest research conducted within an enclosed building.
Only within an approved enclosed or contained facility subject to appropriate county
and state requirements.
Only artisan type activities, such as pottery or glass blowing, which are a secondary
or accessory use to a retail activity.
As a secondary or accessory use to a residential activity without retail sales, where larger than 200 square feet.
May be further subject to the provisions of EPA and DOE in regard to the use of fertilizers, pesticides,
and other chemicals.
May be further subject to the provisions of EPA and DOE in regard to the buffering of streams, wetlands,
and other freshwater corridors.
Recreational/cultural land uses
(p=permitted, c=conditional, s=special use)
Greenbelt including conservation and open space
I
Residential - mobile home park
Residential - 4.5 units/net useable acre
Residential - 8.0 units/net useable acre
Residential - 12.0 units/net useable acre
Residential - 20.0 units/net useable acre
I I I I I I
I I I I I I Commercial - retail and office
I I I I I I I Mixed use district
I I I I I I I I
Employment - industrial/office
I I I I I I I I I Community facilities
I I I I I I I I I I
Park and recreation Gb Rmh R4.5 R8 R12 R20 Co Mxd Eo Cf
* Park
c
c
Ic
c
c
c
c
c
c
p1
* Trail
p
p
p
p
p
p
p
p
p
p
* Campground
c
* Destination resort
c
c
c
* Marina
p
c
p
p
* Recreational vehicle park
c2
c2
Amusement/entertainment
7832 Theater
p3
p3
p3
7833 Theater, drive-in
c
79 Miscellaneous Amusements
c
c
c
792 Plays/theatrical production
c3,6
p3
p3
p3
793 Bowling center
p
c
* Sports club
c
p
p
p
p
* Golf facility
p4
7999 Golf driving range
p4
* Shooting range - guns and firearms
c
* Archery range
c
c
c
* Adult entertainment facilities
c3
* Amusement arcades
p
p
c
p
Cultural
823 Library
p5
p5
p5
p5
p5
p
p
c
p
841 Museum
p5
p5
p5
p5
p5
p
p
c
p
842 Arboretum
c
p
p
Ic
Ip
* Conference center
c
p
p
Ic
Ip
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall
govern a use located within the Port Orchard incorporated area in addition to those described in the notes following.
1: Lighting for structures and fields shall be shielded and directed away from residential areas.
2: Recreational vehicle parks are subject to the following conditions and limitations:
a: The maximum length of stay of any unit shall not exceed 180 days unless otherwise stipulated; and
b: The minimum distance between recreational vehicle pads shall be not less than 10 feet; and
c: Sewage shall be disposed in a system approved by the Kitsap County Health Department.
3: Adult entainment facilities shall be prohibited within 600 feet of any residential zones,
schools, licensed daycare centers, public parks, community centers, public libraries or churches
that conduct religious or educational classes for minors.
4: Lighting shall be shielded and directed away from residential areas.
5: Only as an accessory to an historic site or building.
6: Only of a limited outdoor nature such as an interpretive assembly or amphitheater.
Residential land uses
(p=permitted, c=conditional, s=special use)
Dwelling units
Greenbelt including conservation and open space
I
Residential - mobile home park
I Residential - 4.5 units/gross useable acre
I Residential - 8.0 units/gross useable acre
I I Residential - 12.0 units/gross useable acre
Residential - 20.0 units/gross useable acre
I I I I I I
I I I Commercial - retail and office
I I I Mixed use district
I I I I I I I I
I I I I Employment - industrial/office
I I I I Public facilities
I I I I I I I I I I
Gb Rmh R4.5 R8 R12 R20 Co Mxd Eo Pf
* Single family detached
p
p
p
p
* Single family attached
p
p
p
p
* Multifamily
p
p
p
* Mobile home park
p
* Houseboat
c
c
c
c
Group residences
* Senior citizen assisted
c
p
p
p
c
c
* Community residential facility-CRF
s
s
s
c
c
* CRF-prisoner release
Is
c
* Dormitory
I
Ic2
Accessory uses
* Residential living quarters
c3
c3
c3
p
c3
p
* Home (cottage) industry
c
c
c
c4
c
* Home occupation
p
p
c
c
c4
p
* Home profession
p
p
Ip
Ip
p
Ip
I
p
Temporary lodging
7011 Hotel/motel
p1
c1
* Bed and breakfast
c
c
c
c
c
p
p
7041 Organization hotel/lodging houses
I
Ic
c
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall
govern a use located within the Port Orchard incorporated area in addition to those described in the notes following.
1: Except bed and breadfast.
2: Only as an accessory to a school, college/university, church or conference center.
3: Accessory dwelling units:
a: Only one accessory dwelling per lot;
b: The primary residence or the accessory dwelling unit shall be owner occupied;
c: The accessory dwelling unit shall not be larger than 50 percent of the living area of the primary residence;
d: One additional off-street parking space is provided; and
e: The accessory dwelling unit shall be converted to another permitted use or shall be removed if
at least one of the units ceases to be owner occupied.
4: No customers are allowed on site.
General services land uses
(p=permitted, c=conditional, s=special use)
Greenbelt including conservation and open space
I
Residential - mobile home park
I Residential - 4.5 units/net useable acre
I Residential - 8.0 units/net useable acre
I I Residential - 12.0 units/net useable acre
I I Residential - 20.0 units/net useable acre
I I I I I I
I I I Commercial - retail and office
I I I Mixed use district
I I I I I I I I
I I I I Employment-industrial/office
I I I I I Community facilities
I I I I I I I I I I
Personal services Gb Rmh R4.5 R8 R12 R20 Co Mxd Eo Cf
72 General personal services
p
p
c
7216 Dry cleaning plants
p
7218 Industrial launderers
p
7261 Funeral home/crematory
c
c
c
c
c
p3
Cemetery, columbarium or mausoleum
p
Day care
p
p5
p5
p5
p5
p5
p
p
p
p
Veterinary clinic
p4
p4
p4
753 Automotive repair
p1
c1
p1
c
754 Automotive service
p
c
p
Marina -boat repair
p
p
p
762/3 Misc repair-electrical/electronic
p
p
p
764/9 Misc repair-furniture/welding
c
c
p
83 Social services
p2
p2
p
p2
Stable
c
c
Kennel or cattery
c
c
c
866 Churches, synagogue, temple
I c
Ic
Ic
p
p
p
Health services
801-04 Office/patient clinic
p
p
805 Nursing and personal care facilities
p
p
p
806 Hospital
p
807 Medical/dental lab
p
p
p
p
808-09 Miscellaneous health
p
p
p
Education services
• Elementary or middle/junior high
c
c
c
c
p
• Secondary or high school
c
c
c
c
p
Private School
c
c
c
c
• Vocational school
c
c
c
c
p
• Specialized instruction school
c
c
c
c
p
p
p
• School district support facility
p
c
8221-2 College/university
c
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall
govern a use located within the Port Orchard incorporated area in addition to those described in the notes following.
1: Except SIC industry group number 7534-Tire retreading, see manufacturing table.
2: Except SIC industry group numbers 835-Daycare and 836-Residential care - see residential land use table.
3: Only as an accessory to a cemetery.
4: No burning of refuse or dead animals is allowed.
5: If less than or equal to 6 children, the use is permitted. Otherwise a conditional use pemit is required.
Government/business services land uses
(p=permitted, c=conditional, s=special use)
Greenbelt including conservation and open space
I
Residential - mobile home park
Residential - 4.5 units/gross useable acre
I I Residential - 8.0 units/gross useable acre
Residential - 12.0 units/gross useable acre
I I I Residential - 20.0 units/gross useable acre
I I I I I I
I I I I Commercial - retail and office
I I I I I Mixed use district
I I I I I I I I
Employment - industrial/office
I I I I I I I I I Public facilities
I I I I I I I I I I
Government services Gb Rmh R4.5 R8 R12 R20 Co Mxi Eo Pf
* Public agency office
c
c
p
p
* Public agency yard
p
p
* Public agency archives
p
p
921 Court
p
9221 Police facility
p
9224 Fire facility
p
* Subregional utility
c
c
c
c
c
c
c
c
c
p
* Minor communications facility
p2
p2
p2
p2
p2
p2
p2
p2
p
p
Business services
15-17 Construction and trade
p3
p3
p
* Individual transportation and taxi
p
421 Trucking and courier service
c4
c4
p
* Warehousing and wholesale trade
c
p
* Self-service storage
c5
c5
c
p
4221 Farm product warehousing,
p
4222 Farm product refrigeration and storage
p
* Log storage
44 Water transportation of passengers
p8
p8
p8
p8
47 Transportation service
p3
p3
p
48 Communication offices
p3
p3
p
* General business service
p
p
p
* Professional office
p
p
p
7312 Outdoor advertising service
p3
p
735 Miscellaneous equipment rental
c
p
751 Automotive rental and leasing
p
p
752 Automotive parking
s
s
c
c
p
p
7941 Professional sport teams/promoters
p3
p3
p3
p
873 Research, development and testing
p1
p1
p
p
* Heavy equipment and truck repair
p
* Commercial/industrial accessory uses
p6
p6
p
* Helipad
s
s
c
p7
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall
govern a use located within the Port Orchard incorporated area in addition to those described in the notes following.
1: Only SIC industry number 8732 and 8734 - Commercial economic, sociological and education research.
2: Subject to conditional approval when the tower or antenna support will exceed the height limits of the underlying zone.
3: Limited to office use.
4: Limited to SIC industry number 4215-Courier Services, except by air.
5: Accessory to a multifamily development of at least 12 units provided:
a: The gross floor area in the self-service storage shall not exceed the total gross floor area of the
multifamily dwellings.
b: All outdoor lights shall be deflected, shaded, and focused downward away from all adjoining property.
c: The use of the facility shall be limited to the occupant's household goods.
d: No servicing or repair of motor vehicles, boats, trailers, lawn mowers of similar equipment.
e: No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or
hazardous chemicals.
f: No residential occupancy of the storage units.
g: No business activity other than rental of storage units by occupants.
h: A resident shall be required on the site and shall be responsible for maintaining the operation of
the facility in conformance with the conditions of approval.
6: Storage limited to accessory storage of commodities sold at retail on the premises or materials used
in the fabrication of commodities sold on the premises.
7: Limited to emergency medical evacuation sites in conjunction with police, fire, health or public service facility.
8: Subject to conditional approval when additional parking is required.
Retail land uses
(p=permitted, c=conditional, s=special use)
Retail land uses
Greenbelt including conservation and open space
I
Residential - mobile home park
I Residential - 4.5 units/net useable acre
I Residential - 8.0 units/net useable acre
I I Residential - 12.0 units/net useable acre
I I Residential - 20.0 units/net useable acre
I I I I I I
I I I Commercial - retail and office
I I I Mixed use district
I I I I I I I I
I I I Employment - industrial/office
I I I I Community facilities
I I I I I I I I I I
Gb Rmh R4.5 R8 R12 R20 Co Mxd Eo Cf
5271 Mobile home sales
c
p
Building, hardware and garden materials
p
p1
p
Forest products sales
c
p
Department and variety stores
p
p
54 Food stores
p
p
p2
Agricultural crop sales
c3
c3
Motor vehicle dealers
p
c
p
553 Auto supply store
p4
p4
p
554 Gasoline service station
p
c
p
555 Boat dealers
p
c
p
56 Apparel and accessory stores
p
p
Furniture and home furnishing stores
p
p
58 Eating and drinking places
p6
p6
c2,6
Adult entertainment facilities
p6
Drug stores
p
p
c2
592 Liquor stores
p
p
593 Used goods: antiques/secondhand shops
p
p
594 Miscellaneous shopping goods
p
p
Book, stationery, video and art supply
p6
p6
Monuments, tombstones and gravestones
p
p
Bulk retail
p
c
Auction houses
c
c
c
598 Fuel dealers
p7
p7
p
Pet shop
p
p
6512 Banks and financial services
p
p
c
Petroleum
2911 Petroleum refining I I Ic
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall
govern a use located within the Port Orchard incorporated area in addition to those described in the notes following.
1: Only hardware and garden materials shall be permitted.
2: Limited to 25% of gross floor area up to 4,000 square feet.
3: a: Limited to products grown on -site; and
b: Covered sales area shall not exceed 1,000 square feet.
4: Only the sale of new or reconditioned automobile supplies is permitted.
5: Excluding SIC industry number 5813-Drinking places.
6: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed
daycare centers, public parks, community centers, public libraries, or churches that conduct religious or
educational classes for minors.
7: Limited to office use.
Manufacturing land uses
(p=permitted, c=conditional, s=special use)
Greenbelt including conservation and open space
I
Residential - mobile home park
Residential - 4.5 units/net useable acre
Residential - 8.0 units/net useable acre
Residential - 12.0 units/net useable acre
Residential - 20.0 units/net useable acre
I I I I I I
Commercial - retail and office
Mixed use district
I I I I I I I I
Employment - industrial/office
Community facilities
I I I I I I I I I I
Manufacturing land uses Gb Rmh R4.5 R8 R12 R20 Co Mxd Eo Cf
20 Food processing and kindred products
c1
c1
p2,4
p2,4
p2
2082/5 Winery/brewery
c
c
c
c
p
22 Textile mill products
c
23 Apparel and other textile products
c
c
p
24 Wood products except furniture
c3
c3
p
25 Furniture and fixtures
p4
p4
p
26 Paper and allied products
c
27 Printing and publishing
c
c
c
c
p
p
p
28 Chemicals and allied products
c
29 Petroleum refining and related products
c
30 Rubber and misc plastics
c
31 Leather and leather goods
p4
p4
c
32 Stone, clay, glass and concrete products
p4
p4
p
33 Primary metal industries
c
34 Fabricated metal products
p
p
35 Industrial and commercial machinery
p
351-56 Heavy machinery and equipment
p
357 Computer and office equipment
c
c
p
36 Electronic and other electric equipment
c
c
p
374 Railroad equipment
c
376 Guided missle and space vehicle parts
p
379 Miscellaneous transportation vehicles
p
38 Measuring and controlling instruments
p
p
p
39 Miscellaneous light manufacturing
c4
c4
p
• Motor vehicle and bicycle manufacturing
I
I
c4
c4
p
• Aircraft, ship and boat building
c4
c4
p
7534 Tire retreading_+4-
781-82 Movie production/distribution
c
c
p
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall
govern a use located within the Port Orchard incorporated area in addition to those described in the notes following.
1: Limited to agricultural products grown on -site, provided structures and areas used for processing
shall maintain a minimum distance of 75 feet from property lines adjoining residential zones.
2: Except slaughterhouses.
3: Limited to uses found in SIC industry groups 2434-Wood kitchen cabinets and 2431-Millwork (excluding planing mills).
4: Permitted if within enclosed buildings and as an accessory use to retail sales.
Regional land uses
(p=permitted, c=conditional, s=special use)
Greenbelt including conservation and open space
I
Residential - mobile home park
Residential - 4.5 units/gross useable acre
Residential - 8.0 units/gross useable acre
I I Residential - 12.0 units/gross useable acre
Residential - 20.0 units/gross useable acre
I I I I I I
I I I I I I Commercial - retail and office
I I I I I I I Mixed use district
I I I I I I I I
I I I I I I I I Employment - industrial and office
I I I I I I I I I Public facilities
I I I I I I I I I I
Regional land uses Gb Rmh R4.5 R8 R12 R20 Co Mxd Eo Pf
Jail
s
Work release facility
s
Public agency animal control facility
s
s
Public agency training facility
c
c
Hydroelectric generation facility
s
Non -hydroelectric generation facility
s
s
s
s
s
s
s
s
s
s
Major communication facility
s
s
s
s
s
s
s
s
s
s
Earth station major
c
c
c
c
c
c
c
c
c
c
Energy resource recovery facility
s
s
Landfill
s
Transfer station
c
p
Interim recycling facility
p2
p2
p3
p2
Wastewater treatment facility
p
Municipal water production
p
Airport/heliport
s
Landing field
s
Transit bus base
c4
c4
c
c
Transit park -and -ride lot
c
c
c
p
School bus base
c
c
7941 Stadium/arena
c
7948 Racetrack
s
" Fairground
s
8422 Zoo/wildlife exhibit
c1
c1
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall
govern a use located within the Port Orchard incorporated area in addition to those described in the notes following.
1: Except arboreteum - see Recreational/cultural land use table.
2: Limited to drop box facilities.
3: All processing and storage of material shall be within enclosed buildings and excluding yard waste processing.
4: Bus storage only.
B4: Nonconformance and temporary uses
Sections:
Section 1: Purpose
Section 2: Nonconformance - applicability
Section 3: Nonconformance - determining status
Section 4: Nonconformance - lots
Section 5: Nonconformance - abatement of illegal use, structure or development
Section 6: Nonconformance - continuation and maintenance of nonconformance
Section 7: Nonconformance - discontinued nonconforming use or structure
Section 8: Nonconformance - repair or reconstruction of nonconforming structure
Section 9: Nonconformance - alteration of nonconforming structure
Section 10: Nonconformance - expansion of nonconformance
Section 11: Temporary use permits - uses requiring permits
Section 12: Temporary use permits - exemptions to permit requirement
Section 13: Temporary use permits - duration and frequency
Section 14: Temporary use permits - parking
Section 15: Temporary use permits - traffic control
Section 16: Temporary construction buildings
Section 17: Temporary construction residence
Section 18: Temporary real estate offices
Section 1: Purpose
The purposes of this chapter are to:
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 nonconforming by 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.
b: Establish the legal status of a nonconformance by creating provisions through which a
nonconformance may be maintained, altered, reconstructed, expanded, or terminated.
c: Provide for the temporary establishment of uses that are not otherwise permitted in a
zone and to regulate such uses by their scope and period of use.
Section 2: Nonconformance - applicabilitX
a: Sites previously receiving land use approval (including Kitsap County actions on
annexed lands) defined as home occupations, special use permits, variances and
reclassifications and all previously permitted commercial developments are legal uses as
defined within their approval. They are not considered nonconforming.
b: All nonconformities shall be subject to the provisions of this chapter.
c: The provisions of this chapter do not supersede or relieve a property owner from
compliance with:
1) the requirements of the Uniform Building and Fire Codes, and other
superseding regulations such as SEPA and the Shoreline Master Program.
2) the provisions of this code beyond the specific nonconformance addressed by
this chapter.
3) protecting the general health, safety, and welfare of the public.
Section 3: Nonconformance - determining status
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
code, but not meeting the definition of Section 2a above, shall be considered
nonconforming if:
1) the use is now not permitted or cannot meet use limitations applicable to the
zone in which it is located, or
2) the use does not comply with the density, dimensions, landscaping, parking,
sign or residential design standards of this title.
b: A change in the required permit review process shall not create a nonconformance.
c: Any nonconformance that is brought into conformance for any period of time shall
forfeit status as a nonconformance.
Section 4: Nonconformance - lots
a: In any residential district, notwithstanding limitations imposed by other provisions of
this code, a single family dwelling and customary accessory buildings may be erected on
any single lot of record in existence at the time of adoption of the City's first Zoning
Code (Ordinance No. 899 — August 28, 1972). Such lot must be in a separate ownership.
This provision shall apply even though such lot fails to meet the area requirements that
are applicable in this district.
b: If 2 or more lots or portions of lots with contiguous road frontage were of single
ownership at the time of passage of the City's first Zoning Code (Ordinance No. 899 —
August 28, 1972) and if all or part of the lots do not meet the requirements of density as
established by this code, the land involved can be divided only into as many tracts as the
density will permit.
c: To qualify as a non -conforming lot, the lot at issue must have lawfully existed in
separate ownership as of August 28, 1972.
Section 5: Nonconformance - ahatement of illegal use, structure or development
Any use, structure or other site improvement not established in compliance with use and
development standards in effect at the time of establishment shall be deemed illegal and
shall be discontinued or terminated and subject to removal pursuant to the provisions of
the Port Orchard Municipal Code.
Section 6: Nonconformance - continuation and maintenance of nonconformance
Any nonconformance may be continued or physically maintained as provided by this
chapter.
Section 7: Nonconformance - discontinued nonconforming use or structure
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.
b: When a nonconforming use of a structure or structure and premises in combination is
discontinued, abandoned, or vacated for 6 consecutive months, the structure, or structure
and premises in combination shall not thereafter be used except in conformance with the
regulations of the district in which it is located.
Section R: Nonconformance - repair or reconstruction of nonconforming structure
A damaged or destroyed nonconforming structure, so long as not self-inflicted, may be
repaired or reconstructed provided that:
a: The extent of the previously existing nonconformance is not increased.
b: The building permit application for repair or reconstruction is submitted within 12
months of the occurrence of damage or destruction.
Section 9: Nonconformance - alteration of nonconforming structure
Alterations to a nonconforming structure may be permitted, provided the alteration does
not increase the area, height or degree of an existing nonconformity.
Additions to nonconforming buildings may be 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
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:
1) The proposal complies with the development standards of this code to the
extent feasible.
2) Approval of such proposal shall be based on a finding that the expansion:
A: does not allow an expansion that would be detrimental to adjacent
uses, and
B: improves aspects of safety or function of the nonconformance.
3) Expansions involving environmentally sensitive areas shall be subject to the
provisions of this code.
Section 11 _ Temporary_use permits - uses requiring permits
A temporary use permit shall be required for:
a: Uses not otherwise permitted in the zone that can be made compatible for periods of
limited duration and/or frequency - such as a seasonal event like a produce or farm
market stand.
b: Limited expansion of any use that is otherwise allowed in the zone but which exceeds
the intended scope of the original land use approval - such as a special event like a tent
sales or revival annex.
Section 12: Temporary use permits - exemptions to permit requirement
a: The following uses shall be exempt from requirements for a temporary use permit
when located in the Commercial (Co), Mixed use (Mxd), Employment (Eo), and
Community facilities (Cf) zones for the time period specified below:
1) seasonal uses not to exceed a total of 30 days each calendar year, such as: a)
Christmas tree lots and b) produce stands.
2) a special event not to exceed a total of 14 consecutive days, such as: a)
amusement rides, carnivals, or circuses, b) community festivals, and c) parking lot sales.
b: Any use not exceeding a consecutive total of 3 days for a maximum of 4 events each
calendar year shall be exempt from requirements for a temporary use permit.
c: Any community event held in a public park or property and not exceeding a period of
7 days shall be exempt from requirements for a temporary use permit.
Section 13: Temporary use permits - duration and frequency
Temporary use permits shall be limited in duration and frequency as follows:
a: The temporary use permit shall become effective within 180 days from issuance.
b: The temporary use permit shall specify a date upon which the use shall be terminated
and removed.
Section 14_ Temporary use - parking
Parking and access for proposed temporary uses shall be approved by the City Engineer.
Section 15: Temporary use permits - traffic control
The applicant for a proposed temporary use shall provide any parking or traffic control
attendants as specified by the City Engineer.
Section 16: Temporary construction buildings
Temporary structures for storage of tools and equipment, and for supervisory offices may
be permitted for construction projects, provided that such structures are:
a: Allowed only during periods of active construction.
b: Removed within 30 days of project completion or cessation of work.
Section 17: Temporary construction residence
a: A temporary construction residence may be permitted on a lot as a temporary dwelling
for the property owners, provided:
1) A building permit application for a permanent dwelling on the site has
been submitted.
2) The temporary residence must be of minimum impact to the
neighborhood.
3) The temporary construction residence has adequate sanitary sewer and
water provisions.
Denials may be appealed to the City Council.
b: The temporary construction residence permit shall be effective for a period of 12
months. The permit may be extended for 1 additional period of six (6) months if the
permanent dwelling is constructed with a finished exterior by the end of the initial
approval period.
c: The construction residence shall be removed within 90 days of:
1) the expiration of the temporary construction residence permit, or
2) the issuance of a certificate of occupancy for the permanent residence,
whichever occurs first.
Section Igo Temporary real estate offices
One temporary real estate office may be located on any new residential development,
provided that activities are limited to the initial sale or rental of property or units within
the development. The office use shall be discontinued within 30 days of the issuance of a
final certificate of occupancy of the last unit in the development.
135: Property -specific development standards (-p), planned
residential development standards (-prd), and special design district
overlays (-so)
Sections:
Section 1: Purpose
Section 2: Authority and application
Section 3: Property -specific development standards (-p) - general provisions
Section 4: Planned residential developments (-prd) — general provisions
Section 5: Uses permitted
Section 6: Modification of development standards
Section 7: Special district overlays (-so) - general provisions
Section 8: Downtown/Waterfront Design Overlay District (-down)
Section 9: Historic Residential Neighborhood Design Overlay District (-hist)
Section 10: Ross Creek Corridor Design Overlay District (-ross)
Section 11: Blackjack Creek Corridor Design Overlay District (Jack)
Section 12: Tremont Street Corridor Design Overlay District (-trmt)
Section 1: Purpose
The purposes of this chapter are to provide for alternative development standards to
address unique site characteristics and to address development opportunities that can
exceed the quality of standard developments by:
a: Establishing authority to adopt property -specific development standards including
contract agreements on individual sites.
b: Establishing authority to adopt planned residential development standards for
individual sites.
c: Establishing special district overlays with alternative standards for special areas
designated by the comprehensive plan.
Section 2: Authority and application
a z
a: This chapter authorizes the creation and adoption of development standards or limited
uses on specific properties beyond the general requirements of the code through
property -specific development standard overlays or planned residential developments,
while it carries out comprehensive plan policies and map designations through special
overlay districts which supplement or modify standard zones through different use,
design or density standards.
b: Property -specific development standards shall be applied to specific properties through
either area zoning or reclassification of individual properties.
c: Planned residential development standards shall be applied to specific properties
through the zoning or reclassification process.
d: Special district overlays shall be applied to specific properties or areas containing
several properties through area zoning adopted in conjunction with the comprehensive
plan.
Section 3: Property -specific development standards (-t) - general provisions
a: Property -specific development standards, denoted by the zoning map symbol (-p) after
the zone's map symbol, shall be established on individual properties through either
reclassifications or zoning. Upon the effective date of reclassification of a property to a
zone with a (-p) suffix, the property -specific development standards adopted thereby
shall apply to any development proposal on the property subject to city review, including,
but not limited to: a building permit, grading permit, subdivision, short subdivision,
subsequent reclassification to a conditional use permit, variance, and special use permit.
b: Property -specific development standards shall address problems unique to individual
properties.
c: Property -specific development standards shall cite the provisions of the code, if any,
that are to be augmented, limited, or increased, shall be supported by documentation that
addresses the need for such condition(s), and shall include street addresses, tax lot
numbers or other clear means of identifying the properties subject to the additional
standards. Property -specific development standards are limited to:
1) Limiting the range of permitted land uses.
2) Requiring special development standards for property with physical
constraints, such as environmental hazards and scenic views.
3) Requiring specific site design features, such as building orientation, lot layout,
clustering or access location.
4) Specifying the phasing of the development of a site.
5) Requiring community facility sites or improvements, such as road
improvements, utilities, parks, open space or school sites.
d: Property -specific development standards shall not be used to expand permitted uses or
reduce minimum requirements of the code.
Section 4: Planned residential developments (- rd) — general provisions
a: The intent of planned residential development is to provide for greater site design and
flexibility and, thus, more creative and imaginative projects than generally possible under
conventional zoning regulations. It is further intended to preserve unique or sensitive
physical features, such as steep slopes, views, retention of natural vegetation and to
provide more open space and recreational amenities than would be available under
conventional land development practices. Additionally, it is intended to promote more
economical and efficient use of land and a unified design concept for residential
development.
b: This process allows the applicant to propose a residential or mixed use/residential
development that is innovative or otherwise beneficial to the community but which does
not strictly comply with the provisions of the residential or mixed use zone in which the
property is located.
c: Planned residential development, denoted by the zoning map symbol (-prd) after the
zone's map symbol, may be permitted in the following zoning districts consistent with the
development and design standards of this Zoning Code: Greenbelt, Residential 4.5, 8,
12, and 20, and Mixed Use. However, no dwelling units may be transferred to a less
intensive zone.
d: The minimum lot area required for property proposed for a planned residential
development shall be:
Greenbelt two acres;
Residential 4.5, 8, 12, and 20 one acre;
Mixed use one-half acre
e: Planned residential developments providing a variety of lot sizes are strongly
encouraged. The provision of alleys and designs which incorporate parking at the rear of
sites are also greatly encouraged.
f. When any parcel of land within a planned residential development is intended for sale
or individual ownership, the platting requirements of the Port Orchard subdivision
ordinance and applicable state laws pertaining to subdivisions shall be followed.
Applications for plat approval must be submitted and processed concurrently with the
application for planned residential development approval.
Section 5: Uses permitted
The following uses are permitted in a planned residential development (-prd):
1) Single-family detached dwellings in the Gb, R4.5, R8, and R12 zones, and
2) Single-family attached dwellings in the R8, R12, R20, and Mxd zones, and
3) Multifamily dwellings in the R12, R20, and Mxd zones, and
4) Accessory uses as permitted in the underlying zones, and
5) Uses permitted outright in the underlying zones, and
6) Uses that may be allowed by conditional use permits or special use permits in
the underlying zoning subject to the requirements in that section of this code.
Section 6: Modification of development standards
a: The City, using planned residential development, may allow the following
development standards to be modified:
1) Building setbacks, except that structures located on the perimeter of the
planned residential development shall be set back in accordance with setbacks of the
underlying zone;
2) Height of building or structure, provided that the project design protects the
views and privacy of properties inside and outside of the project;
3) Required off-street parking spaces;
4) Landscaping requirements;
5) Sign requirements;
6) Design standards;
7) Lot size, except that single-family detached dwelling unit lots must maintain a
usable minimum diameter of 50 feet behind all setbacks and lot area of 1,963 square feet.
b: Standards which may not be modified or altered are:
1) Shoreline regulations when the property is located in an area under the
jurisdiction of the Shoreline Master Program;
2) Standards pertaining to development in environmentally sensitive areas;
3) Regulations pertaining to nonconforming uses, structures, or lots;
4) Standards within the Developer's Handbook including, but not limited to,
street and sidewalk standards, platting requirements, utility requirements, and stormwater
regulations.
Section 7: Special district overlays (-so) - general provisions
Special district overlays shall be designated on the comprehensive plan maps and
indicated on area zoning maps as follows:
a: Designation of an overlay district shall include policies that prescribe the purposes and
location of the overlay.
b: A special district overlay shall be applied to land through the area zoning adopted in
conjunction with the comprehensive plan and shall be indicated on the zoning map with
the suffix (-so) following the map symbol of the underlying zone or zones.
c: The special district overlays set forth in this code are the only authorized overlays.
New or amended overlays to carry out new or different goals or policies shall be adopted
as part of this code.
d: The special district overlays set forth in this code may waive, modify, and substitute
for the range of permitted uses and development standards established by the code for
any use or underlying zone.
e: Unless they are specifically modified by the provisions of the overlay districts, the
standard requirements of the code and other city ordinances and regulations govern all
development and land uses within special district overlays.
f. A special district overlay on an individual site may be modified by property -specific
development standards as described in this chapter.
Section R: Downtown/Waterfront Design Overlay District (-dam
a: The purpose of the Downtown/Waterfront Overlay District (-down) is to gradually
develop or redevelop existing characteristics to create a mixed use and architectural style
that reflects what is common and unique to the Port Orchard business and waterfront
districts.
b: A secondary purpose of the district is to develop major public pedestrian
boardwalk/trail corridors within this district, west and east along Sinclair Inlet shorelines,
and south up to the older residential neighborhoods on the hillside.
c: The boundaries and applicable standards of the Downtown/Waterfront Overlay District
(-down) will be defined by studies involving affected property owners.
Section 9: Historic Residential Neighborhood Design Overlay District (-ham
a: The purpose of the Historic Residential Neighborhood Overlay District (-hist) is to
maintain and enhance the historic buildings, sites, pedestrian scale, small ownership
parcels, and old residential town atmosphere.
b: The boundaries of the Historic Residential Neighborhood Overlay District (-hist) will
be defined by studies involving affected property owners.
Section I Oa Ross Creek Corridor Design Overlay District (-ram
a: The purpose of the Ross Creek Corridor Overlay District (-ross) is to conserve and
enhance surface water drainage patterns, surface water quality, fishery resources and
habitat, wetland and riparian corridor wildlife habitat, and scenic attributes of the natural
corridor created by Ross Creek and its tributaries.
b: A secondary purpose of the district is to preserve and protect a park -like or greenway
buffer along adjacent hillsides that view into and are viewed from the corridor.
c: The boundaries and applicable standards of the Ross Creek Corridor Overlay District
(-ross) will be defined by studies involving affected property owners.
Section 11: Blackjack Creek Corridor Design Overlay District (4a
a: The purpose of the Blackjack Creek Corridor Overlay District (Jack) is to conserve
and enhance surface water drainage patterns, surface water quality, fishery resources and
habitat, wetland and riparian corridor wildlife habitat, and scenic attributes of the natural
corridor created by Blackjack Creek and its tributaries.
b: A secondary purpose of the district is to preserve and protect a park -like or greenway
buffer along adjacent hillsides that view into and are viewed from the corridor.
c: The boundaries and applicable standards of the Blackjack Creek Corridor Overlay
District (Jack) will be defined by studies involving affected property owners.
Section 12: Tremont Street Design Overlay District (-tom
a: The purpose of the Tremont Street Design Overlay District (-trmt) is to develop the
frontage and large ownership properties that abut Tremont Street with new site and
mixed use building characteristics that reflect or incorporate an architectural scale and
heritage that is appropriate to Port Orchard.
b: A second purpose of the district is to define gateways and other urban streetscapes that
establish the corridor as a principal entry into the city.
c: The boundaries and applicable standards of the Tremont Street Design Overlay District
(-trmt) are defined by the Tremont Corridor Specific Plan adopted as a guidance
document by the City Council in September 1992.
d: As determined jointly by the City Council and the Planning Commission at a meeting
held in May 1998, the most important points from the Tremont Corridor Specific Plan are
design guidelines, access control onto Tremont Street, and encouragement of professional
instead of retail businesses.
Part C:
General Development Requirements
Cl: Density, dimensions, and design requirements
Sections:
Section 1: Purpose
Section 2: Interpretation of tables
Section 3: Densities and dimensions
Section 4: Measurement methods
Section 5: Calculations - net useable site area
Section 6: Calculations - allowable dwelling units
Section 7: Density Credits
Section 8: Lot area - prohibited reduction
Section 9: Setbacks - modifications
Section 10: Setbacks - regional utility corridors
Section 11: Setbacks - alleys
Section 12: Setbacks - adjoining half -street rights -of -way
Section 13: Setbacks - projections allowed
Section 14: Heights - exceptions to limits
Section 15: Lot divided by zone boundary
Section 16: Sight distance requirements
Section 17: Nonresidential land uses in residential zones
Section 18: Residential Fences
Section 1: Purpose
The purpose of this chapter is to establish requirements for development in relation to
residential density and basic dimensional standards, as well as, specific rules for general
application. The standards and rules are established to provide flexibility in project
design, provide solar access, and maintain privacy between adjacent uses.
Section 2: Interpretation of tahles
a: This chapter defines general density and dimension standards for the various zones and
limitations specific to a particular zone(s).
b: The density and dimension tables are arranged in a matrix format in a separate table.
Development standards are listed down the left side of the table, and the zones are listed
at the top. The matrix cells contain the minimum dimensional requirements of the zone.
The parenthetical numbers in the matrix identify specific requirements applicable to a
specific use or zone. A blank box indicates that the standard does not apply in that
situation. If more than 1 standard appears in a cell, each standard will be subject to any
applicable parenthetical footnote following the standard. See "Densities and dimensions"
table.
Section 3: Densities and dimensions
See "Densities and dimensions" table.
Minimum lot sizes must be met as defined in the "Densities and dimensions" table unless
otherwise approved by the City Council within a Planned Residential Development
(PRD).
PRD standards are contained elsewhere in this code.
Section 4_ Measurement methods
The following provisions shall be used to determine compliance with this document:
a: Street setbacks shall be measured from the existing edge of public right-of-ways,
improved or unimproved.
b. Building height shall not exceed 33 feet to the roof drip line at any point around the
structure from the lowest point of the finished grade, unless a fire protection plan is
approved by both the City Planner and the Fire Authority.
c. Buildings within a view protection district, as established by City Council Resolution
shall comply with the following height restrictions:
Building height shall not exceed a measurement of 15 feet from the highest ridge
line of the structure to the elevation of the uphill property line. If the uphill
property line is not level, the City shall use the average elevation of the uphill
property line for a basis of measurement. Variances to this view protection height
limit shall be reviewed by the City Council.
d: Lot area shall be the total horizontal land area contained within the boundaries of a lot.
e: Impervious surface calculations shall not include areas of turf, landscaping, natural
vegetation, or surface water retention/detention facilities.
Section 5: Calcnlatinns — net useable site area
The area of a lot which may be used in the calculation of allowed dwelling units shall be
the total site area less sensitive environmental features (equal to gross useable site area)
and dedications as these areas are defined elsewhere in this code.
Densities and dimensions
Greenbelt including conservation and open space
Residential - mobile home park
Residential - 4.5 units/net useable acre
I I Residential 8.0 units/net useable acre
I I I Residential 12.0 units/net useable acre
I I I I Residential 20.0 units/net useable acre
I I I I I
I I I Commercial - retail and office
I I I I Mixed use district
I I I I I I I
I I I I I Employment - industrial/office
I I I I I I Community facilities
I I I I I I I I I
Street right-of-way (1) (11)
30
15
15
15
15
15
10
10
30(12)
15
Side yard
5
5
5
5
5
5
Rear yard (9)
10
10
10
10
10
10
Corner lot rear yard
5
5
5
5
5
5
From adjacent residential zoning (2)
5
5
20
20
From adjacent nonresidential zoning (2) (3)
5
5
5
5
Site coverage in percent of net useable acres
Maximum covered surface (4)
1 15%
50%
45%
75%
85%
85%
85%
95%
85%
95%
Landscaped area - softscape (5)
1 85%
50%
55%
25%
15%
15%
15%
5%
15%
5%
Landscaped area - hardscape(6)
I
I
I
1
1 15%
5%
15%
5%
Building height in feet
Standard maximum allowed (7) 1 331 331 331 331 331 331 331 331 331 33
Within view protection district (8) 1 151 151 151 151 151 151 151 151 151 15
1: Measured from the existing edge of a street right-of-way. Applies to corner lots and through lots.
2: From side or rear site or property boundry line. May be 0 foot minimum within the mixed use district
in the downtown area as allowed by the Uniform Building Code (UBC).
3: May be zero-lotline if structures meet UBC fire code and emergency access.
4: Useable acreage covered by buildings, roads, parking lots, and other built improvements. Mixed use
developments within the downtown district may achieve 95 percent site coverage. Mixed use outside
of downtown shall be no more than 85 percent site coverage.
5: Softcape may include perimeter buffers, parking lot plantings, and other landscape w/soil or other
natural surfaces.
6: Hardscape may include patios, plazas, entryways, and other paved or hard surfaced pedestrian/landscaped
areas in lieu of softscape.
7: Building height is measured to the roof drip line at any point around the structure from the lowest point of
the finished grade, unless a fire protection plan is approved by both the City Planner and the Fire Authority.
8: View protection districts are established separately by City Council Resolution. Building height is measured
from the highest ridge line of the structure to the elevation of the uphill property line. Refer to Section 4c.
9: Except as defined in Section 11 b.
10: All lot sizes are measured in square feet unless a Planned Unit Development has been approved by the City
Council.
11: If required parking is served by an alley, residential street setbacks may be reduced to 10 feet. Ten foot
front yard setback also applies to residential flag lots.
12: For every 10 feet of building height over 33 feet, an additional 10 feet of street setback shall be provided.
13: Plats recorded prior to 1910 as identified in the appendix are exempt from the minimum required lot size.
Instead, minimum lot size shall be 5,000 square feet or any single lot of record in separate ownership
on August 28, 1972.
Section 6_ Calculations - allowable dwelling units
Permitted number of units shall be determined as follows:
a: The maximum allowed number of dwelling units shall be computed by multiplying the
net useable site area (total site area less sensitive environmental features and dedications)
by the applicable residential density.
b: When calculations result in a fraction, the fraction shall be rounded to the nearest
whole number as follows:
1) fractions of 0.50 or above shall be rounded up; and
2) fractions below 0.50 shall be rounded down.
Section 7: Density credits
a: Sensitive areas and their buffers may be used in the calculation of allowed residential
density whenever 2 or more residential lots or 2 or more multifamily dwelling units are
created subject to the following limitations:
1) Full density credit shall be allowed for erosion and seismic hazard areas. Flood
hazard areas outside of streams, wetlands, or associated buffers shall be counted for full
density credit.
2) No density credit shall be allowed for streams, lakes, ponds, and other bodies
of water.
3) Partial to full density credit shall be allowed for steep slopes, landslide hazard
areas, wetlands, and required buffers for any sensitive area according to the following
table:
Percent of site in buffers and/or
sensitive areas
density credit
1-10 percent
100 percent
11-20
90
21-30
80
31-40
70
41-50
60
51-60
50
61-70
40
71-80
30
81-90
20
91-99
10
b: Allowed density on sites containing sensitive areas shall be calculated as follows:
1) Determine the percentage of site area in sensitive areas and buffers by dividing
the total area in required sensitive areas and buffers by the total site area.
2) Multiply the density credit percentage set forth in subsection a: by the site area
in sensitive areas and buffers to determine the effective sensitive area.
3) Add the effective sensitive area to the site area not in sensitive areas or buffers.
The resulting acres shall be considered the effective site area for purposes of determining
the allowable dwelling units pursuant to the zoning regulations.
4) By way of example, the density credit provisions apply as follows for a 10 acre
site under the R8 zone:
a) The square feet in the site is 435,600 of which ponds include 45,000
square feet, steep slopes include 82,000 square feet, and required wetland buffers include
60,000 square feet.
b) Divide the total amount of sensitive areas and buffers (187,000 square
feet) by the total site (435,600 square feet) equal to 42.9 percent.
c) Apply the density credit from the chart (equal to a 60 percent density
credit where the amount of site in a sensitive area is between 41-50 percent).
d) Multiply the steep slopes and required buffers only (142,000 square feet
since no credit is received for ponds) by the density credit of 60 percent equal to 85,200
square feet.
e) Add the unconstrained site area (248,600 square feet) plus the sensitive
area density credit (85,200 square feet) to create the effective site area for density
calculations (333,800 square feet).
f) Divide the total effective site area by 43,560 square feet to determine
acreage (333,800 square feet/43,560 square feet/acre = 7.6 acres) and multiply by the
density allowed in the R8 zone (7.6 acres x 8 dwelling units/acre) = 60.8 which is
rounded up to 61 dwelling units maximum (note that the maximum density may be
reduced by other provisions of this code).
c: The density transfer can be utilized only within the development proposal site. The
applicant may cluster and configure the site's development to accommodate the transfer
of density but cannot change the type of uses or housing products allowed within the zone
proper.
Section S: Lot area - nrohihited reduction
Any portion of a lot that was required to calculate and ensure compliance with the
standards and regulations of this title shall not be subsequently subdivided or segregated
from such lot.
Section 9: Setbacks - modifications
The following setback modifications are permitted:
a: When the common property line of 2 lots is covered by a building(s), the setbacks
required by this chapter shall not apply along the common property lines.
b: When a lot is located between lots with structures having nonconforming street
setbacks, the required street setback for such middle lot may be the average of the 2
nonconforming setbacks or 60 percent of the required street setback, whichever results in
the greater street setback.
Section 10: Setbacks - regional utility corridors
a: In subdivisions and short subdivisions, areas used as regional utility corridors as
identified in this code shall be contained in separate tracts.
b: In other types of land development permits, easements shall be used to delineate such
corridors.
c: All buildings shall maintain a minimum distance of 5 feet from property or easement
lines delineating the boundary of regional utility corridors, except for utility structures
necessary to the operation of the utility corridor and/or as required by the Department of
Health.
Section 11: Setbacks - alleys
a: Structures may be built to the property line abutting an alley, except as provided in
subsection b.
b: Vehicle access points from garages, carports or fenced parking areas shall be setback a
minimum of 10 feet from the alley property line to provide a driving surface.
Section 12: Setbacks - adjoining half -street rights -of -wad
In addition to providing the standard street setback, a lot adjoining a half -street right-of-
way or designated arterial shall provide an additional width of street setback sufficient to
accommodate construction of the future planned right-of-way.
Section 13: Setbacks - ejections allowed
Projections complying with the adopted Uniform Building Code may extend into the
required setbacks as follows:
a: On ground and upper floor uses in all districts and on upper floor uses only in the
Mixed use district (Mxd) in the downtown area - fireplace structures, bay or garden
windows, enclosed stair landings, closets, or similar structures may project into any
setback, provided such projections are:
1) Limited to 2 per facade;
2) Not wider than 7 feet; and
3) Not more than 24 inches into an interior setback or 24 inches into a street
setback;
b: Uncovered porches and decks which exceed 18 inches above the finished grade may
project:
1) 24 inches into interior setbacks; and
2) 6 feet into the street setback except where the allowable setback is 0 feet as in
the Mixed use district within the downtown area;
c: Uncovered porches and decks not exceeding 18 inches above the finished grade may
project to the property line;
d: Roof eaves, including any part of a roof structure whether unsupported or supported by
diagonal bracing to the building, may not project more than:
1) 24 inches into an interior setback including within a zero -lot line development;
2) 24 inches into a street setback except where the allowable setback is 0 feet as
in the Mixed use district within the downtown area; or
3) be less than 7 feet measured vertically above the finished ground level in the
vicinity of the projection.
e: Fences with a height of 6 feet or less may project into any setback, provided that the
sight distance requirements are maintained along street corridors.
Section 14: Heights - exceptions to limits
The following structures may be erected above the height limits:
a: Roof structures housing or screening the following: elevators, fire access stairways,
tanks, ventilating fans, fire or parapet walls, skylights, or similar equipment required for
building operation and maintenance; and
b: Flagpoles, chimneys, smokestacks, church steeples, clock towers, communication
transmission structures, utility line towers and poles, and similar structures.
Section 15: Lot divided by zone houndary
When a lot is divided by a zone boundary, the following rules shall apply:
a: When a lot contains both residential and nonresidential zoning, the zone boundary
between the zones shall be considered a lot line for determining required setbacks on the
site.
b: When a lot contains residential zones of varying density, any residential density
transfer within the lot shall only be allowed from the portion with the lesser residential
density to that of the greater residential density.
c: Uses on each portion of the lot shall only be those permitted in each zone.
Section 16: Sight distance regnirements
Except for utility poles and traffic control signs, the following sight distance provisions
shall apply to all intersections and commercial site access points:
a: A sight distance triangle area as determined by subparagraph b following shall contain
no fence, berm, vegetation, on -site vehicle parking area, signs or other physical
obstruction between 42 inches and 8 feet above the existing street grade.
b: The sight distance triangle at:
1) A street intersection shall be determined by measuring 15 feet along both street
property lines beginning at their point of intersection. The third side of the triangle shall
be a line connecting the endpoints of the first 2 sides of the triangle; or
2) A site access point shall be determined by measuring 15 feet along the street
lines and 15 feet along the edges of the driveway beginning at the respective points of
intersection. The third side of each triangle shall be a line connecting the endpoints of the
first 2 sides of each triangle; and
3) Any intersection where the posted speed limit exceeds 25 mph, the site
distance triangle shall be determined by the City Engineer.
Section 17: Nonresidential land uses in residential zones
Except for subregional utilities and uses, all new nonresidential uses located in the
residential zones (Rmh, R4.5-R20) shall be subject to the following requirements:
a: Building coverage by a nonresidential use shall not exceed the coverage allowed for a
residential use as shown in the accompanying table.
b: Impervious surface coverage by a nonresidential use shall not exceed the coverage
allowed for a residential use as shown in the accompanying table, unless appropriate
mitigation as determined by the Planning Commission is approved through a Variance.
c: New buildings and structures shall not be closer than 5 feet to any property line except
as noted in subsection d.
d: Single family detached dwelling allowed as accessory to a church or school shall
conform to the setback requirements of the zone.
e: Parking areas are permitted within the required setback area from property lines,
provided such parking areas are located outside of (behind) the required landscape area
or buffer zone prescribed along the public right-of-way.
f: Sites shall abut or be accessible from at least 1 public street functioning at a level
consistent with Port Orchard road design standards.
g: The base height shall conform to the zone in which the use is located.
Section 18: Residential Fences
Fences are permitted as follows:
a: Constructed fences exceeding a height of 8 feet shall be subject to a Variance. Living
fences - the purpose of which is to provide a screen between residential uses, may be
created using hedges, columnar trees, and similar landscape materials.
b: The height of a fence located on a rockery, retaining wall, or berm shall be measured
from the top of the fence to the grade on the high side of the rockery, retaining wall, or
berm. When a protective fence is located on top of a rockery, retaining wall or berm, any
portion of the fence above a height of 6 feet shall be an open-work fence.
c: Fences shall not be constructed of a material which can cause glare or other safety
hazards.
d: Fences shall be finished on the outward side of the property unless the fence abuts a
natural area or greenbelt.
C2: Design guidelines
Sections:
Section 1: Purpose
Section 2: Lot and block layouts
Section 3: Right-of-way dedications
Section 4: Street layouts
Section 5: Street signage
Section 6: Grading and storm drainage
Section 7: Landforms and viewsheds
Section 8: Parking lots and areas
Section 9: Walkways and trails
Section 10: Walkway and trail corridor zones
Section 11: Building entry and access
Section 12: Outdoor activities
Section 13: Streetscape furnishings
Section 14: Public artworks
Section 15: Walkway and trail corridors
Section 16: Building and yards
Section 17: Parking lots
Section 18: Buffer and common areas
Section 19: Screening
Section 20: Building frontages
Section 21: Building heights
Section 22: Modulation and articulation
Section 23: Ground floor use - mixed use developments
Section 24: Building entries
Section 25: Upper floor balconies, alcoves, decks
Section 26: Awnings and canopies
Section 27: Display windows
Section 28: Signage
Section 29: Materials and colors
Section 30: Accessory buildings
Section 31: Rooftop equipment
Section 32: Solar orientations
Section 1: Purpose
a: These guidelines do not alter the land uses or densities allowed in the underlying
zoning districts defined in the preceding sections of this code. Nor do these guidelines
alter any adopted ordinances, resolutions, or standards relative to development. Rather,
these guidelines seek to define and illustrate how new developments can respond to the
character of its surroundings.
b: A city's character is determined by the collective images created by its architecture,
streets, parks, shops, open spaces, public art, and buildings. These features reflect the
concerns of the citizenry and the image the citizens have of their community. Whether
planned or happenstance, the results are a reflection of, and in turn, reflect upon the
image the citizens present to themselves and to outsiders.
c: Good designs are not expensive. The final results are not more costly to build than
poorly conceived, badly designed developments - and in fact, may cost less to build and
operate. An appropriately scaled building with enhancing facades, signage, color, and
ornamentation can provide the same interior square footage as an ill-conceived
rectangular box - and may even be more functional and efficient.
d: Good designs result from a process that includes forethought, planning, standards,
examples, critical reviews, and consequence. The purpose of this chapter is to define and
illustrate those features that the community finds to be worthy of emulation when the
design of new projects is undertaken.
e: These guidelines seek to suggest possible design concepts and approaches that realize
the desired state. The guidelines use the verbs "should" and "may" rather than "shall" and
"must", recognizing that the objective is the ends, not the means. The guidelines seek to
achieve a community design aesthetic within a process that allows individual expression
and flexibility to meet changing circumstances while enhancing the ambience of Port
Orchard.
f: While the standards defined in this chapter are guidelines and not regulations, a project
developer will demonstrate how each relevant guideline has been accounted for. A
project developer may propose alternative solutions, but each relevant criteria will be
addressed.
Property configurations
Section 2: Lot and block layouts
a: Blocks should have sufficient width to provide for a maximum of 2 tiers of lots of
appropriate depths. Exceptions should be permitted in blocks adjacent to major streets,
railroads, waterways, or involving unique site conditions that make this requirement
impractical.
b: Lots to be created within a proposed site plan or subdivision should comply with the
following requirements.
1) Every lot should have a minimum frontage of 25 feet on a public or privately
dedicated right-of-way. A repair and maintenance access should be provided to all lots by
site plan or plat easement and property deed. Required easements shall be shown on the
face of the site plan or plat.
2) Lot lines should be at right angles to street lines or radial to curvilinear streets
unless a variation will result in a better street or lot plan.
3) Dimensions of corner lots should be large enough to allow for front yard
setbacks off both streets.
4) Corner lots should be graded to provide sufficient sight clearance at
intersections.
Roadway elements
Section 3_ Right-of-way dedications
a: All site plans and subdivisions should provide direct access to at least one existing
improved and publicly dedicated street.
b: When a proposed site plan or subdivision is abutting an existing street or streets with a
right-of-way of lesser width than specified by city ordinances, the applicant may be
required as a condition of approval to deed additional right-of-way width and to improve
said right-of-way to the design specifications of the City Engineer. The city may require
dedication of right-of-way in excess of standards in the following cases:
1) Where additional width is necessary to maintain continuity with the adjoining
rights -of way;
2) Where additional width is necessary to maintain alignment with adjoining
streets and sidewalks improvements; and
c: Dead-end streets shall be used on access streets only and should terminate in a
cul-de-sac. Streets which dead-end and which would normally be continued if the
adjacent property were developed, should be shown as temporary turnarounds. The land
beyond the normal right-of-way for such streets shall revert to the abutting property
owners when the street is continued.
d: Half -streets shall not be allowed.
Section 4: Street layouts
a: The street within and adjacent to a site plan or subdivision should be classified and
designed to comply with the road standards as adopted by City resolution or ordinance,
Comprehensive Plan and major street map of the city. Major streets should refer to
designated arterial and collector streets and minor streets should refer to access streets
and cul-de-sacs.
b: Proposed streets should extend to the boundary lines of the proposed site plan or
subdivision in order to provide for the future development of adjacent tracts unless
prevented by natural or man-made conditions or unless such extension is determined to
be unnecessary or undesirable by the Planning Commission or City Council.
c: The street pattern for commercial site plans and subdivisions should be designed to
expedite traffic movement, reduce conflicts between various types of land uses including
pedestrian access, and coordinate the location of proposed buildings with vehicular
loading and parking facilities. To the extent practical and feasible, commercial site plans
should provide common driveways and integral access through or between the property
and adjacent properties and surrounding residential neighborhoods.
d: The street pattern for industrial site plans and subdivisions should be designed to
expedite traffic movement, reduce conflicts between various types of land uses including
pedestrian access, and coordinate the location of proposed buildings with airport,
railroad, waterfront, and vehicular loading and parking facilities.
Section 5: Streets*
a: Public street names shall conform to the City of Port Orchard system.
b: Signs shall be installed as designated by the City Engineer before final site plan or plat
approval.
Site plan elements
Section 6: Grading and storm drainage
a: Structures, roadways, and other site improvements should be designed to blend with
the natural topography with the minimum amount of site disturbance and grade changes.
Large cuts and fills requiring tall or long retaining walls or rockeries are not appropriate.
b: Major drainage corridors and detention facilities should be graded and landscaped to
blend with the natural landscape in accordance with the provisions of the city stormwater
drainage ordinance. Where possible, stormwater facilities should be incorporated into the
site's design as aesthetic amenities, enhanced portions of walkway or trail corridors,
and/or special visual accents. Where retention/detention ponds are highly visible or used
as a design feature, water levels within the pond should be maintained during the dry
season for visual accent purposes.
Section 7: Landforms and viewsheds
a: Buildings should be fit into the existing topography to appear to be an integral part of
the natural landform. On sloping sites, buildings should be stepped into the slope to
reflect the sloping grade.
b: Buildings should be placed to preserve and frame views of natural features including
the waterfront and mountain ranges, and significant townscapes including the downtown
and significant architectural landmarks from other properties within the surrounding
viewshed.
Section R: Parking lots and areas
a: Parking areas or lots should be located along the side, rear or in courtyard
configurations to retain a building frontage along road corridors and control the scale of
the streetscape.
b: Parking lot aisles should be aligned perpendicular to commercial, retail, and office
building entries to provide protected walking spaces and visual focus on building
entrances.
c: Where feasible, parking lots should be varied in grade, bermed, and/or differentiated
with planting materials to reduce the visible extent of paved surfaces.
d: Parking structures should be integrated into surrounding buildings or streetscapes
using facades, artworks, landscaping, or other means that visually filter the view of
parked cars from pedestrian walkways and trails, adjacent building occupants, and the
commercial roadway.
e: Downtown streets will be reserved for short term, customer oriented parking spaces,
particularly during off-peak traffic hours and prime retail hours and events. Where
possible and practical, loading activities should be accomplished from a side street or
back property location to reserve through access streets for customer parking use.
f: Within the Downtown/Waterfront Design Overlay District (-down), the buildable land
should be developed primarily for building spaces and outdoor activities related to the
retail, commercial, residential, public, and other pedestrian activities of the district - and
not for parking, storage or other less intensive, nonpedestrian oriented purposes.
g: Parking for the Downtown/Waterfront Design Overlay District (-down) may be
provided in off -site locations, potentially within consolidated parking lots.
Streetseape elements
Section 9: Walkways and trails
a: Buildings should front onto walkways or trails to be developed within each district in
accordance with the nonmotorized transportation element of the comprehensive plan.
b: The walkways or trails should be incorporated into the site development as the
principal, publicly -accessible pedestrian space and design focus of the development and
between the development and adjacent properties and surrounding residential
neighborhoods.
c: The walkways or trails should integrally connect each development, particularly retail
and commercial projects, with adjacent properties and residential neighborhoods.
d: The walkways or trails should extend through parking lots and parking areas in
separated medians or other placements that protect pedestrians from vehicular traffic.
Section 10: Walkway and trail corridor zones
a: A minimum width of 5 feet of any walkway or trail corridor will be clear of any
temporary furnishings in order to accommodate pedestrians.
b: The periphery sections of the corridors, which may be combined on one side, may be
used to display advertising signage, flower pots or other moveable plantings, and/or
outdoor seating areas on a temporary, special event basis.
Section 11: Building entry and access
a: Building entry and access shall be provided within the private property beyond the
public walkway or trail corridor.
b: Vestibules and other recessed areaways should be used to define and provide
pedestrian access apart from the public walkway space.
c: Vestibules and recessed areaways should visually alert pedestrians within the public
walkway or trail corridor and be sufficiently attractive to invite visual interest.
Section 12: Outdoor activities
a: As an amenity - ground floor outdoor spaces such as plazas, squares, eating, seating
areas, and/or retail alcoves and inner courtyard spaces or greens should be provided as
integral parts of the development.
b: The ground floor outdoor spaces should adjoin and be accessible from, and may
occasionally spill over into the public walkway or trail corridor space - but may not be
permanent improvements or uses of the public walkway or trail corridor space.
Section 13: Streetscape furnishings
a: Improvements to the public walkway or trail corridor spaces may utilize the public
Streetscape furnishings palette selected for the corridor.
b: Improvements to the adjoining private spaces should incorporate or continue the
materials, colors, and/or styles of the public furnishings palette in order to provide design
continuity.
c: Where appropriate, project developments should provide pedestrian scaled lighting
fixtures to illuminate walkways, trails, parking areas, and other people spaces. Lighting
shields should direct illumination onto pedestrian spaces and away from adjacent
properties or uses. Generally, free standing fixtures should not exceed 14 feet in height.
Section 14: Public artworks
a: Building and property developments should incorporate outdoor artwork.
b: Artwork may be permanently incorporated into functional areas that are accessible to
the public including parking lots, accessory buildings and structures, as well as building
entries.
c: Where the building or site is of historical or cultural interest, interpretive signage and
other exhibits or monuments should be incorporated into building or site improvements
that are physically and visually accessible to the public.
Landscape elements
Section 15: Walkway and trail corridors
a: Landscaping along the public walkway or trail corridor may utilize the street trees and
plant materials palette selected for the public walkway or trail corridor.
b: Improvements within the adjoining private spaces, such as outdoor eating areas,
plazas, and the like, should incorporate or continue the same plantings in order to
enhance the definition of the corridor.
a: The landscape design should highlight and focus views of the building frontages and
entries, particularly retail window displays, pedestrian areas, and amenities.
b: The design should create a special or individual character of the private portions of
each property and building.
c: Vines may be planted on buildings, fences, walls and other blank surfaces, particularly
structures faced with brick and masonry or that are enhanced with trellis overhangs.
d: Moveable planters with seasonal plantings should be placed at building entries,
particularly within alcoves and inner courtyards.
e: All plantings, particularly ornamentals, should be provided irrigation or other watering
methods to ensure plant survival.
Section 17_ Parking lots
a: Shade trees and ground covers should be installed in parking medians and/or landscape
set -asides in parking areas and lots to soften the visual impact, reduce glare, and provide
visual interest.
Section 1 R: Buffer and common areas
a: Within the landscape buffer areas about the property, particularly along secondary
access roads and around parking lots that do not abut the public pedestrian walkway or
trail corridors - site plantings should be grouped to simulate natural stands and should not
be planted symmetrically or of even spacing.
b: Landscape designs should reflect natural planting materials and settings that are
representative of the local and regional landscape.
c: Where practical and feasible, buffer areas should retain existing larger trees and
vegetation to maintain continuity with adjacent greenways and natural areas.
d: Within higher density residential developments, buffer or open spaces may be grouped
into common open space areas that define building placements, provide visual accents,
preserve landscape or landform features, or house common activity areas - such as
playgrounds, swimming pools, or parking areas.
Section 19: Screening
a: Landscape, fence or other improvements should be erected to visually screen refuse,
storage, loading docks, and other areas that are not to be accessible or viewed from
public walkways, corridors, and roadways.
b: Latches and other devices should be used to secure refuse and storage areas from
animals and children.
Architectural elements
Section 20: Rnilding frontages
a: Buildings that face onto commercial parking streets and/or public walkway and trail
corridors should be built to front onto the pedestrian space or activity area to create
continuous frontages of interest to the corridor.
b: Buildings may abut or share common sidewalls subject to Uniform Building Code
(UBC) fire code and emergency access requirements.
Section 21: Rnilding heights
Building elevations facing public areas should incorporate offsets, modulations, and
additional setbacks above the second story to reduce massing at the pedestrian scale. The
purpose of this is to prevent imposing or tunnel -like effects and to visually break-up long,
continuous facades. It also encourages more aesthetically pleasing architecture.
Section 22: Modulation and articulation
a: Building elevations should be horizontally modulated in no larger than 40 to 60 foot
increments to create architectural relief and interest.
b: Vestibules, entries, and other architectural adaptations should provide further visual
definition and reduce the mass of larger buildings - especially commercial and industrial
structures.
c: Within the Downtown/Waterfront Design Overlay District (-down), a building's
elevation and mass should be modulated to reflect the narrow, commercial facades
typical of the main street or marketplace architectural styles that produced most of the
existing building stock.
d: Residential buildings should provide architectural details that create pedestrian scale
and interest - such as porches and stoops, bay windows and dormers, and window and
siding trim.
Section 23: Ruilding entries
a: Building entrances should be visually defined from access walkways, fronting streets,
and parking areas. Building designs may use columns, arches, porches, recesses, or other
concepts to create architectural focus and interest.
b: The principal building entrance should be accessed from major walkways or trail
corridors or other pedestrian ways - or otherwise address the street - as opposed to the
building's parking lots and access roads.
Section 24: Ground floor activities - mixed use developments
a: First or ground floors should be devoted to retail, commercial or a similar public use
with pedestrian appeal where the building fronts onto a commercial street or the public
pedestrian walkway or trail corridor. Activities that serve the elderly or handicapped may
be located or accessed from the ground floor or street level of proposed developments.
b: Upper floors may be commercial or office where the building has a double frontage,
but generally should be residential where the building is not publicly accessible.
c: The first or ground floor should be at least 12-feet and preferably 14-feet in height
where the ground floor use is retail or commercial, and the building fronts onto a
commercial street or the public pedestrian walkway or trail corridors.
d: Upper floors may be 10, 12 or 14-feet in height depending on occupant uses and
exterior appearances.
Section 25: Upper floor balconies, alcoves, decks
a: Upper floors should incorporate balconies, alcoves, decks or other outdoor spaces to
provide an amenity and increase visual definition to the building - particularly of the
building frontages that face onto commercial streets and the public pedestrian walkway
or trail corridors.
b: Within the Downtown/Waterfront Design Overlay District (-down), the upper floor
spaces may extend over the public walkway or trail corridor where the design provides
interesting visual definition to the space and building - provided the building extension
does not overpower the pedestrian space or create a tunnel, cave or similarly confined
spatial affect.
Section 26: Awnings and canoes
a: As an amenity, commercial or retail developments may provide permanent or
retractable awnings, overhangs, arcades or skylights sheltering pedestrians and shoppers
from the elements where the public walkway or trail corridor traverses through the site.
b: The design of awnings and canopies should provide natural lighting and openness and
continuous protection from the elements but not overly obscure or shadow the walkway
or trail corridor.
c: Awnings or canopies should be hung above the display window space at least 10 to
14-feet above the public walkway with a minimum 8-foot vertical clearance.
d: Structural supports for awnings or canopies will be provided from the building or
adjacent private property. Such awnings or canopies may be supported by posts or
columns within the public walkway or trail corridor with variance approval.
Section 27: Mpl y windows
a: Ground floor retail and commercial spaces along the public walkway or trail corridors
should provide display window space to showcase commercial, retail or other public uses
and wares in a storefront style typical of main street or marketplace architecture. Window
space coverings should be translucent materials to provide pedestrians views into ground
floor spaces and activities.
b: The corners of buildings that are located at the intersections on commercial streets and
principal public walkway or trail corridors should provide some form of visual interest
such as window displays, artwork or signage.
Section 28: Signagg
a: Building advertising signs may be hung from below the awnings perpendicular to the
building (but no lower than a height 8 feet above the walkway at the bottom of the sign),
or on the face of the awning or canopy, or in the window of the retail establishment in a
style and scale common of main street or marketplace architecture.
b: Signs may be mounted on the face of the building, provided the advertising does not
detract or overpower the building architecture and scale.
c: Signs should incorporate graphics, colors, logos, and other elements as much as
possible to provide visual interest and reduce "word clutter".
d: Decorative banners, wall murals, and other artwork of graphic and noncommercial
nature may be appropriate on buildings located within the Downtown/Waterfront Design
Overlay District (-down).
e: Within mixed use districts outside of the Downtown/Waterfront Design Overlay
District (-down), signs may be mounted on the face of the building, provided the
advertising does not detract or overpower the building architecture and scale, and reflects
the building's elevational modulations.
Section 29: Materials and colors
a: Building materials within the Downtown/Waterfront Design Overlay District (-down)
should repeat the textures, scales, and rhythms common of main street or marketplace
architecture, and be compatible with existing building stock.
b: Contemporary materials may be used if the design and texture effectively emulates or
enhances existing building styles and textures.
Section 30: Accessory buildings
a: Independent parking structures, storage buildings or other accessory enclosures should
be designed to complement the principal, adjacent buildings in form, detail, color, and
material.
b: Generally, accessory buildings and structures should be designed with similar or
complementary roof slopes and building materials as the primary structure.
Section 31: Rooftoequipment
a: Roof -mounted mechanical equipment and other accessories that are not to be accessed
or viewed from adjacent properties or public corridors should be screened and integrated
into the building structure and shell.
Section 32: Solar orientations
a: Building designs, particularly within new developments, should be located to
maximize the use of passive solar potentials.
b: Where possible, major window areas and outdoor activities should be oriented along
the south facing facades and yards.
C3: Parking and vehicular circulation
Sections:
Section 1: Purpose
Section 2: Authority and application
Section 3: Computation or required off-street parking spaces
Section 4: Shared parking requirements
Section 5: Exceptions for community residential facilities (CRF)
Section 6: Handicapped parking requirements
Section 7: Stacking spaces for drive -through facilities
Section 8: Transit and rideshare provisions
Section 9: Pedestrian circulation and access
Section 10: Off-street parking plan design standards
Section 11: Off-street parking construction standards
Section 12: Compact car allowance requirements
Section 13: Internal circulation road standards
Section 1: Purpose
The purpose of this chapter is to provide adequate parking for all uses allowed in this
section; to reduce demand for parking by encouraging alternative means of transportation
including public transit, rideshare, and bicycles; and to increase pedestrian mobility in
urban areas by:
a: Setting minimum off-street parking standards for different land uses that assure safe,
convenient, and adequately sized parking facilities within activity centers.
b: Providing incentives to rideshare through preferred parking arrangements.
c: Providing for parking and storage of bicycles.
d: Providing safe direct pedestrian access from public rights -of -way to structures and
between developments.
e: Requiring uses which attract large numbers of employees or customers to utilize transit
and provide transit stops.
Section 2: Authority and application
a z
a: Before an occupancy permit may be granted for any new or enlarged building or to a
change to a different use in any existing building that involves additional parking, the use
shall be required to meet the provisions of this chapter.
b: If this chapter does not specify a parking requirement for a land use, the City Engineer
shall establish the minimum requirement based on a study of anticipated parking demand.
In the study, the applicant shall provide sufficient information to demonstrate that the
parking demand for a specific land use will be satisfied. Parking studies by individuals
with expertise in traffic and parking analysis may be required, by the City Engineer.
c: If the required amount of off-street parking has been proposed to be provided off -site,
the applicant shall provide written contracts with affected landowners showing that
required off-street parking shall be provided in a manner consistent with the provisions of
this chapter. The contracts shall be reviewed by the City Engineer for compliance with
this chapter, and if approved, the contracts shall be recorded with the Kitsap County
Auditor as a deed restriction on the title to all applicable properties. These deed
restrictions may not be revoked or modified without authorization by the City Engineer
or Planning Commission.
d: Development along both sides of Bay Street from the crosswalk at Harrison Avenue to
Orchard Avenue is exempt from the parking requirements of this chapter.
Section 3: Computation of required off-street parking spaces Off-street parking areas shall contain at a minimum the number of parking spaces as
stipulated in the accompanying table. Off-street parking ratios expressed as number of
spaces per square feet means the gross square footage of floor area. If the formula for
determining the number of off-street parking spaces results in a fraction, the number of
off-street parking spaces shall be rounded to the nearest whole number with fractions of
0.50 or greater rounding up and fractions below 0.50 rounding down.
b: An applicant may request a modification of the minimum required number of parking
spaces by substantiating that parking demand can be met with a reduced parking
requirement. In such cases, the City Engineer may approve a reduction of up to 50
percent of the minimum required number of spaces.
c: When the city has received a shell -and -core building permit application, off-street
parking requirements shall be based on the possible tenant improvements or uses
authorized by the zone designation and compatible with the limitations of the shell -and -
core permit. When the range of possible uses result in different parking requirements, the
City Engineer will establish the amount of parking based on a likely range of uses.
d: Bicycle parking may be required in accordance with the following provisions:
1) Off-street parking areas shall contain at least 1 bicycle parking space except as
follows:
a) The City Engineer may reduce or eliminate bike rack parking facilities
for patrons when it is demonstrated that bicycle activity will not occur at that location or
Minimum parking standards
Unit of measurement
Minimum parking requirement
Supplemental parking requirement
Agriculture
determined during application
Forestry
determined during application
Fish and wildlife management
determined during application
Mineral
determined during application
Resource accessory uses
determined during application
Recreational/cultural land uses
Park and recreation
determined during application
Amusement/entertainment
7832 Theater
3 fixed seats
1.0
7833 Theater, drive-in
determined during application
792 Plays, theaterical production
3 fixed seats
1.0
determined during application
793 Bowling alley
lane
6.0
*Sorts club
300 sq ft
1.0
* Golf facility
hole
3.0
+1/300 sf clubhouse facilities
7999 Golf driving range
tee
1.0
* Shooting range - guns and firearms
target
1.0
determined during application
* Archery range
target
1.0
+1/300 sf indoor facilities
* Amusement arcades
300 sq ft
1.0
Cultural
823 Library
300 sq ft
1.0
841 Museum
300 sq ft
1.0
842 Arboretum
determined during application
* Conference center
3 fixed seats
1.0
+1/50 sf assembly area w/o fixed seats
Residential land uses
Dwelling units
* Single family detached
dwelling unit
2.0
* Single family attached
dwelling unit
2.0
* Multifamily
Studio units
dwelling unit
1.3
1 bedroom units
dwelling unit
1.5
2 bedroom units
dwellin unit
1.8
3 bedroom units or larger
dwelling unit
2.0
* Mobile home park
dwelling unit
2.0
* Houseboats
dwelling unit
2.0
Group residences
* Senior citizen assisted
dwellin unit
0.5
* Community residential facili -CRF
bedroom
0.5
* CRF- risioner release
bedroom
0.5
* Dormitory
bedroom
0.5
Accessory uses
* Dwelling unit
dwelling unit
determined during application
* Home (cottage) industry
determined during application
* Home occupation
determined during application
* Home profession
I
determined during application
Temporary lodging
7011 Hotel/motel
bedroom
1.0
* Bed and breakfast
bedroom
1 1.0
+ 2/facility
7041 Organization hotel/lodginghotel/lodging houses
bedroom
1 1.0
Minimum parking standards
Unit of measurement
Minimum parking requirement
I Supplemental parking requirement
General services land uses
Personal services
72 General personal services
300 sq ft office
1.0
Stand-alone buildings
determined during application
7216 Dry cleaning plants
determined during application
7218 Industrial launderers
determined during application
7261 Funeral home/crematory
determined during application
* Cemetery, columbarium or mausoleum
determined during application
* Day care
facility
determined during application
* Veterinary clinic
300 sq ft
1.0
includes office, lab and exam area
753 Automotive repair
service bay
2.0
+3/facilit
754 Automotive service
service bay
2.0
+3/facilit
762-3 Misc repair - electrical/electronic
determined during application
764-9 Misc repair - furniture/welding
determined during application
83 Social services
300 sq ft
1.0
* Stable
determined during application
* Kennel or cattery
determined during application
866 Churches, synagogue, temple
3 fixed seats
1.0
+1/50 sf assembly w/o fixed seats
Health services
801-04 Office/patient clinic
250 sq ft
1.0
805 Nursing and personal care facilities
4 beds
1.0
806 Hospital
bed
determined during application
807 Medical/dental lab
300 sq ft
1.0
808-09 Miscellaneous health
300 sq ft
1.0
Education services
* Elementary or middle/junior high school
classroom
1.0
+1/50 students
* Secondary or high school
classroom
1 1.0
1 +1/7 students
* Vocational school
classroom
1.0
+1/5 students
* Specialized instruction school
classroom
1.0
+1/2 students
* School district support offices
300 sq ft office
1 1.0
+1/1000 sf of storage/repair area
Government/business services land uses
Government services
* Public agency office
* Public agency and
300 sq ft office
1.0
+1/1000 sf of storage/repair area
* Public agency archives
50 sq ft review area
1.0
+1/1000 sf of storage/repair area
921 Court
50 sf seating area
1.0
+3/courtroom
9221 Police facility
determined during application
9224 Fire facility
determined during application
* Subre ional utility
determined during application
* Minor communications facility
300 sq ft office
1.0
All business services unless specified
300 sq ft office
1.0
15-17 Construction and trade
300 sq ft office
1.0
+1 /1000 sf of storage area
* Warehousing and wholesale trade
300 sq ft office
1.0
+1 /1000 sf of storage area
* Self-service storage
3500 sf storage
1.0
+2/resident manager's unit
7312 Outdoor advertising service
1300 sq ft office
1 1.0
+1/1000 sf of storage area
735 Miscellaneous equipment rental
300 sq ft office
1.0
+1/1000 sf of indoor repair areas
751 Automotive rental and leasing
300 sq ft office
1.0
+1/1000 sf of indoor repair areas
* Heavy equip ment and truck repair
1300 sq ft office
1.0
+1/1000 sf of indoor repair areas
* Heli ad
determined during application
Minimum parking standards
Unit of measurement
Minimum parking requirement
I Supplemental parking requirement
Retail land uses
All retail uses unless specified
300 sq ft
1.0
5271 Mobile home dealers
300 sf indoor sales
1.0
* Forest products sales
300 sf indoor sales
1.0
54 Food stores less than 15,000 sf
300 sq ft
1.0
+3/facilit
* Agricultural crop sales
300 sf indoor sales
1.0
* Motor vehicle and boat dealers
300 sf indoor sales
1.0
554 Gasoline service station w/o grocery
service bay
2.0
+3/facilit
554 Gasoline service station w/grocery
300 sf st store
1.0
+3/facilit '+2/service bay
58 Eating and d inking places -sit down
100 sf dining/lounge area
1.0
58 Eating - take out w/drive-through windows
100 sf dining/lounge area
1.0
+stacking requirement
58 Eating and drinking places -banquet
100 sf dining/lounge area
1.0
+1/5 fixed seats of banquet rooms
598 Fuel dealers
determined during application
* Auction houses
I
I
Idetermined during application
Petroleum
2911 Petroleum refining
All manufacturina uses unless specified 11000 so ft
I ZuU-b4 vvineryiprewery 1 iuuu sq rt 1 u.a 1+1/5u sq rt or tasting area I
Regional land uses
All regional uses unless specified I Idetermined during application
is not safely accessible.
b) The City Engineer may require additional spaces when it is determined
that the use or its location will generate a high volume of bicycle activity. Such a
determination will include but not be limited to the following uses:
(1) Park and playfield,
(2) Marina,
(3) Library, museum, or arboretum,
(4) Elementary or secondary school,
(5) Sports club, or
(6) Retail business (when located along a developed bicycle trail or
designated bicycle route).
2) Bicycle facilities for patrons shall be located on site and shall be designed to
allow either a bicycle frame or wheels to be locked.
3) All bicycle parking and storage shall be located in safe, visible areas that do
not impede pedestrian or vehicle traffic flow, and shall be well lighted for nighttime use.
Section 4: Shared parking regWrements
The amount of required off-street parking may be reduced by an amount determined by
the City Engineer when shared parking facilities for 2 or more uses are proposed,
provided:
a: The total parking area exceeds 5,000 square feet.
b: The parking facilities are designed and developed as a single on -site common parking
facility, or as a system of on -site and off -site facilities, if all facilities are connected with
improved pedestrian paths.
c: No building or use involved is more than 1,000 feet from the most remote shared
facility.
d: The amount of the reduction shall not exceed 10 percent for each use, unless:
1) The normal hours of operation for each use are separated by at least 1 hour; or
2) A parking demand study is prepared by a qualified individual and submitted by
the applicant documenting that the hours of actual parking demand for the proposed uses
will not conflict and that uses will be served by adequate parking if shared parking
reductions are authorized.
e: The total number of parking spaces in the common parking facility is not less than the
minimum required spaces for either use.
f: A covenant or other contract for shared parking between the cooperating property
owners shall be approved by the City Engineer. This covenant or contract must be
recorded with the Kitsap County Auditor as a deed restriction on both properties and
cannot be modified or revoked without the consent of the City Engineer.
g: If any requirements for shared parking are violated, the affected property owners shall
provide a remedy satisfactory to the City Engineer or provide the full amount of required
off-street parking for each use, in accordance with the requirements of this chapter.
Section 5: Exceptions for community residential facilities (ram
a: The requirement for off-street parking space per bedroom may be reduced to no less
than 50 percent of the requirement per bedroom, as determined by the City Engineer
based on one or more of the following considerations:
1) Availability of private, convenient transportation services to meet the needs of
the CRF residents.
2) Accessibility to and frequency of public transportation.
3) Pedestrian access to health, medical, and shopping facilities.
b: If a CRF facility is no longer used for such purposes, additional off-street parking
spaces shall be required in compliance with this chapter prior to the issuance of a new
certificate of occupancy.
Section 6: Handicapped ap rking requirements
Off-street parking and access for physically handicapped persons shall be provided in
accordance with the current Revised Code of Washington standards.
Section 7: Stacking spaces for drive -through facilities
a: A stacking space shall be an area measuring 8 feet by 20 feet with direct forward
access to a service window of a drive -through facility. A stacking space shall be located
to prevent any vehicle from extending onto the public right-of-way or interfering with
any pedestrian circulation, traffic maneuvering, or other parking space areas. Stacking
spaces for drive -through or drive-in uses may not be counted as required parking spaces,
except
as defined in Section 4.
b: Uses providing drive -up or drive -through services shall provide vehicle stacking
spaces in the following serial or combined sequence per lane of drive -up window, such
required spaces shall include the drive -up window space itself:
Minimum parking stall dimensions
Minimum parking stall dimensions
Stall width
Stall depth
I I
compact stall
8.0
16.0
standard stall
9.0
20.0
Minimum loading requirements
Nonresidential buildings with retail, wholesale,
manufacturing, storage uses(1)
Unit of measurement
Minimum loading spaces
I
I
10,000 - 16,000
square feet
1.0
16,001 - 40,000
square feet
2.0
40,001 - 64,000
square feet
3.0
64,001 - 96,000
square feet
4.0
96,001 - 128,000
square feet
5.0
128,001 - 160,000
square feet
6.0
160,001 - 196,000
square feet
7.0
Each additional 36,000
square feet
2.0
Retail, hotel, office, restaurant, hospital, auditorium
convention hall, exhibition hall, sports area/stadium or similar
40,000 - 60,000
square feet
1.0
60,001 - 160,000
square feet
2.0
160,001 - 264,000
square feet
3.0
264,001 - 388,000
square feet
4.0
388,001 - 520,000
square feet
5.0
520,001 - 652,000
square feet
6.0
652,001 - 784,000
square feet
7.0
784,001 - 920,000
square feet
8.0
Each additional 140,000
square feet
1.0
(1) Excluding self-service storage facilities.
1) For each drive -up window of a bank or financial institution, business service,
or other drive -through use not listed, a minimum of 3 stacking spaces shall be provided,
and
2) For each service window of a drive -through restaurant, a minimum of 5
stacking spaces shall be provided.
Section S: Transit and rideshare provisions
To support the use of ridesharing as an alternative mode of transportation that will aid the
City in its efforts to reduce air pollution, traffic congestion, and fossil fuel consumption,
the following shall apply:
a: All land uses with twenty-five (25) employees working at any given work site during a
single work shift listed under the Government/Business Services and Manufacturing
tables shall be required to reserve parking spaces for registered rideshare vehicle parking
as follows:
1) There shall be a minimum of one omen parking space reserved for an employee
rideshare vehicle, and all registered rideshare vehicles shall have a reserved parking
space.
2) A vehicle parked in a rideshare vehicle only parking space, must be registered
in Kitsap Transit's countywide public "Rideshare Vehicle Registration Program", qualify
as a rideshare vehicle as defined by Kitsap Transit, and display a valid car/vanpool pass.
3) Each rideshare vehicle parking space shall be clearly labeled with a Kitsap
Transit carpool or vanpool parking sign.
4) Except for "disabled parking" spaces, rideshare vehicle parking spaces shall be
located closer to the primary employee entrance than any other employee parking spaces.
b: When one or more scheduled transit routes provide service within six hundred sixty
(660) feet of the employment site and there is designated pedestrian access, the City
Engineer may reduce the number of required off-street parking spaces.
c: All uses which are located on an existing transit route and are required under the
computation for required off-street parking to provide more than two hundred (200)
parking spaces may be required to provide transit shelters, bus turnout lanes or other
transit improvements as a condition of permit approval. Uses that reduce required
parking under "Subsection b" of this section may provide transit shelters if transit routes
adjoin the site.
Section 9: Pedestrian circulation and access
The following general pedestrian design standards shall apply to all developments
throughout the city in addition to those outlined elsewhere within the special design
districts:
a: All uses, except single family detached building permits, shall provide pedestrian
access onto the site. Pedestrian access shall be located as follows:
1) Access points at property edges and to adjacent lots shall be coordinated with
the existing development to provide circulation patterns between development sites.
Pedestrian access to adjacent lots shall not be required if the topography is greater than
3% between the lots.
2) Residential developments shall provide links between cul-de-sacs or groups of
buildings to allow pedestrian access from within the development and from adjacent
developments to activity centers, parks, common tracts, open spaces, schools or other
public facilities, transit stops, and public streets.
b: Pedestrian walkways shall minimize the conflict between pedestrians and traffic at all
points of pedestrian access to on -site parking and building entrances as follows:
1) All developments which contain more than 1 building shall provide walkways
between the principal entrances of the buildings.
2) Pedestrian walkways across parking areas shall be located as either one of the
following:
a) Walkways running parallel to the parking rows shall be provided at a
minimum of every 2 parking lot aisles.
b) Walkways running perpendicular to the parking rows shall be no further
apart than 25 parking spaces.
c: Pedestrian access and walkways shall meet the following minimum design standards:
1) Access and walkways shall be physically separated from driveways and
parking spaces by landscaping, berms, barriers, grade separation or other means to
protect pedestrians from vehicular traffic. Lighting may be required.
2) Access and walkways shall be a minimum of 60 inches of unobstructed width
and meet the surfacing standards of the Port Orchard road standards for walkways or
sidewalks.
3) Access shall be usable by mobility -impaired persons and shall be designed and
constructed to be easily located by the sight -impaired pedestrian by grade change, texture
or other equivalent means.
4) A crosswalk shall be required when a walkway crosses a driveway or a paved
area accessible to vehicles.
5) Wherever walkways are provided, raised crosswalks or speed bumps may be
located at all points where a walkway crosses the lane of vehicle travel.
Section 10: (off-street an rking_plan design standards
a: The most distant parking space shall not be located more than 500 feet away from the
nearest building entrance it is required to serve. Where the off-street parking areas do not
abut the buildings they serve, the required maximum distance shall be measured from the
nearest building entrance that the parking area serves:
1) For all nonresidential uses permitted in residential zones, the parking spaces
shall be located on the same lot they are required to serve and at least a portion of parking
areas shall be located within 150 feet from the nearest building entrance they are required
to serve.
2) For all uses permitted within downtown Mixed use district (Mxd), the parking
spaces may be located on consolidated off -site parking lots distributed at accessible
locations about the downtown district.
b: Minimum parking space and aisle dimensions shall be determined by the City
Engineer. Regardless of the parking angle, one-way aisles shall be at least 10 feet wide,
and two-way aisles shall be at least 20 feet wide. Parking plans for angle parking shall
use space widths no less than 8 feet 6 inches for a standard parking space design and 8
feet for a compact car parking space design.
c: Any parking spaces abutting a landscaped area on the driver or passenger side of the
vehicle shall provide an additional 18 inches above the minimum space width
requirement to provide a place to step other than in the landscaped area. The additional
width shall be separated from the adjacent parking space by a parking space division
stripe. The parking space depth may be reduced when vehicles overhang a walkway
under the following conditions:
1) Wheelstops or curbs are installed.
2) The remaining walkway provides a minimum of 60 inches of unimpeded
passageway for pedestrians.
d: The amount of space depth reduction is limited to a maximum of 18 inches.
e: Ingress and egress between off-street parking areas and abutting streets shall be
designed, located, and constructed in accordance with Port Orchard street standards.
f. Lighting of off-street parking areas shall be provided for safety of traffic and pedestrian
circulation on the site, as specified in the Uniform Building Code. Lighting shall be
designed to minimize direct illumination of abutting properties and adjacent streets. The
City Engineer shall have the authority to waive the requirement to provide lighting.
g: Tandem or end -to -end parking is allowed in single family detached residential
developments. Driveways crossing required setback areas may be used for parking when
serving single family detached dwellings but shall not be considered for purposes of
calculating required parking. Attached single family and multifamily developments may
have tandem parking areas for each dwelling unit but shall not combine parking for
separate dwelling units in tandem parking areas.
h: All required vehicle parking for single family detached dwellings must be on an
approved surface.
Section 11: Off-street parking construction standards
Off-street parking areas shall have all-weather surfacing which includes a compacted
rock surface.
Section 12: Compact car allowance re - 6rements
Subject to City Engineer review and approval, up to 40 percent of the total number of
spaces to be provided in any development may be sized to accommodate compact cars.
Aisle widths shall conform to the standards set for standard size cars.
Section 13: Internal circulation road standards
Internal access roads to off-street parking areas shall conform with or exceed the
surfacing and design requirements for private roads set in the Port Orchard road
standards.
C4: Landscape standards
Sections:
Section 1: Purpose
Section 2: Application
Section 3: Suggested landscape materials
Section 4: Urban streetscape/pedestrian boardwalks
Section 5: Roadway corridors and street frontages
Section 6: Urban buffers
Section 7: Greenway corridors
Section 8: Street trees
Section 9: Buffers
Section 10: Parking lots
Section 11: General landscape requirements
Section 12: Alternative options
Section 13: Irrigation
Section 14: Landscape installation
Section 15: Significant tree definition
Section 16: Significant tree retention
Section 17: Significant tree retention plan
Section 18: Incentives for retaining significant trees
Section 19: Protecting significant trees
Section 20: Replacement of significant trees
Section 21: Maintenance
Section 22: Bonds and security
Section 1: Purpose
The purpose of this chapter is to preserve the aesthetic character of the community,
improve the aesthetic quality of the built environment, promote retention and protection
of existing native vegetation, reduce the impacts of development on storm drainage
systems and natural habitats, and increase privacy for residential zones by:
a: Providing visual relief from large expanses of parking areas and reducing perceived
building scales.
b: Providing physical separation between residential and nonresidential areas.
c: Providing visual screens and barriers as a transition between differing land uses.
d: Retaining existing vegetation and significant trees by incorporating them into the site
design.
e: Using native and drought -tolerant plant materials.
f: Provide areas of permeable surface to allow for:
1) infiltration of surface water into groundwater resources,
2) reduction in the quantity of stormwater discharge, and
3) improvement in the quality of stormwater discharge.
Section 2: Application
n
All new development including subdivisions and commercial, except single structure
residential lot developments or short plats, shall be subject to the landscaping and
significant tree retention provisions of this chapter, provided that specific landscaping
and tree retention provisions for uses established through a conditional use permit or a
special use permit shall be determined during the applicable review process. For the
purpose of this chapter, a new development is one that requires a substantial
improvement as defined in this code.
Development along both sides of Bay Street from the crosswalk at Harrison Avenue to
Orchard Avenue is exempt from the landscaping requirements of this chapter.
Section 3* Suggested landscape materials
a: Recommended species/variations of suitable landscape plants are shown in the
accompanying table.
b: An applicant may select from the suggested list or propose other alternative planting
materials based on the objectives for the landscape zones outlined in this chapter.
c: All proposed landscape plantings within these zones shall be reviewed and approved
by the City Engineer or his designee.
Section 4: Urban streetscapelpedestrian hoardwalk corridors
a: Urban streetscape and pedestrian boardwalk corridors are the public right-of-way
spaces to be improved for pedestrian walking, shopping, eating, and similar activities in
front of retail stores and mixed use structures. The urban streetscape/pedestrian
boardwalk corridors shall be as defined in the design overlay districts in this code.
b: Urban streetscape/pedestrian boardwalk areas shall be landscaped to provide and
maintain a design theme that may emphasize a selection of street trees, lighting
standards, directional signage, furnishings, pavings, landscape materials, or other major
components to be specified within the design overlay districts.
Landscape design requirements: see Section 12 for alternatives
Urban streetscapes/pedestrian boardwalks
Roadway corridors - commerical development
Roadway corridors - residential development
I I Roadway corridors - parkways
I I I I
I Urban buffers - urban parking lots
I I Urban buffers - filtered screening
I I I Urban buffers - full screening
I I I I I I I
I I Greenways - uplands
I I I Greenways - wetlands
I I I I Shorelines
Plantinq materials I I I I I I
Large deciduous trees
X
X
X
X
X
Medium deciduous trees
X
X
X
X
X
X
X
Small deciduous trees
X
X
X
X
X
X
Conifers/broadleaf trees
X
X
X
X
X
X
X
X
Deciduous shrubs
X
X
X
X
X
X
X
X
Evergreen shrubs
X
X
X
X
X
X
X
X
X
X
Groundcovers
XI
XI
XI
XI
XI
XI
XI
XI
XI
X
Planting mix - approximate
Percent in deciduous trees
Percent in evergreen trees
Plant spacing - feet on center
Trees
Shrubs
Plant crala nt time of nlsantinn
25 1 40 1 401 30 30 1 30 1 15 1 30 1 30 1 40
5 1 5 1 4 1 4 1 4 1 4
Trees - minimum height in feet
10
10
8
8
10
8
8
8
8
8
Trees - minimum caliper in inches
3.0
3.0
2.5
2.5
3.0
2.5
2.5
2.5
2.5
2.5
Shrubs - minimum height in inches
18
18
18
18
18
18
18
18
18
18
Groundcover - years to full coverage
2
2
3
3
2
3
31
3
3
3
Buffer - depth in feet (subordinate to
Street frontage
Interior lot line
Parkina lot - sf landscape area/stall
Commercial/employment zone lots
0 - 30 stalls
30+ stalls
irking lot - stalls/tree spacing
Residential shared parking
Commercial/employment zone lots
ieciPc aunnastionc - nerr.Pnt of mix
101 10
8
25 25 25
251 251 25
Native groundcover and shrubs
75%
75%
75%
75%
75%
75%
75%1
100%
100%
100%
Native trees
50%
50%
50%
50%
50%
50%
50%1
100%
100%
100%
Drought tolerant
60%
60%
60%
60%
60%
60%
60%1
100%
100%
100%
Suggested landscape materials
Urban streetscapes/pedestrian boardwalks
I Roadway corridors/street frontage
Parking lot trees
Urban buffer areas
IIII
Greenways - uplands
I I I I I Greenways - wetlands/streams
I I I I I I Shorelines
IIIIIII
I I I I I I I Native materials
( I I I I I I I Drought -tolerant
Large deciduous trees
Acer macrophyllum Bigleaf Maple
X X
X
Acer rubrum species Red Maple variety
XXXX
X
Acer saccharum Sugar Maple
X X
Acer truncatum X platanoidi Pacific Sunset Maple
X X
Acer platanoides species Norway Maple variety
XXXX
X
Alnus rubra Red Alder
I
X X
X X
Carpinus betulus 'Fastigiate Columnar European Hombeat
X X
Fagus sylvatica European Beech
X
X X
Fraxinus latifolia Oregon Ash
X X
X
Fraxinus oxycarpa 'Raywoo Raywood Ash
X X
Gingko Biloba'Sentry' Columnar Maidenhair
X
X
Liquidambar styraciflua American Sweetgum
XXXX
X X
Liriodendron tulipifera Tulip Tree
X
Magnolia grandiflora 'St Mai Evergreen Magnolia
X X
Platanus x acerifolia London Plane
X
Quercus species Oak variety
XXXX
X
Quercus robur'Fastigiata" Upright English Oak
X X
X X
Quercus rubra Northern Red Oak
XXXX
X
Salix species Willow variety
X
X X
Tillia americana'Redmond' Redmond Linden
X X
Tillia cordata Littleleaf Linden
XXXX
X
Tillia cordata 'Greenspire' Greenspire Linden
X X
Medium deciduous trees
Acer cam pestre Hedge Maple
X
X
Betula species Birch variety
X
Carpinus betulus European Hornbeam
XXXX
X X
Cercidiphyllum japonicum Katsura Tree
X
Corpus nuttallii Pacific Dogwood
X
X X
Crataegus laevigata English Hawthorn
X X
Crataegus lavallei Lavalle Hawthorn
X X
Fraxinus pennsylvanica Marshall's Seedless Ash
XXXX
X
Populus tremuloides Quaking Aspen
X
X
Prunus species Flowering Cherry variety
XXXX
X X
Prunus sargentii Sargent Flowering Cherry
X X
Prunus sargentii 'Columnari Columnar Sargent Flowering
X X
Prunus serrulata 'Kwanzan' Kwanzan Flowering Cherry
X X
Pyrus calleryana species Flowering Pear variety
X X
X X
X
Zelkova serrata 'Village Gre Sawleaf Zelkova
X X
X X
Suggested landscape materials
Urban streetscapes/pedestrian boardwalks
I Roadway corridors/street frontage
Parking lot trees
Urban buffer areas
IIII
Greenways - uplands
I I I I I Greenways - wetlands/streams
I I I I I I Shorelines
IIIIIII
I I I I I I I Native materials
( I I I I I I I Drought -tolerant
IIIIIIIII
Small deciduous trees
Acer circinatum Vine Maple
XXX
X
Acer davidii David Maple
X
Acer ginnala Amur Maple
X X
X
Acer palmatum Japanese Maple
X
Amelanchier species Serviceberry variety
XXX
X
Carpinus species Hornbeam variety
XXXX
X X
Corpus florida Flowering Dogwood
X
Corpus kousa Kousa Dogwood
X X
Corylus cornuta californica Western Hazelnut
X
X
X X
Crataegus species Hawthorn variety
X
X
X X X
Magnolia species Magnolia variety
XXXX
X
Malus species Flowering Crabapple
X
Prunus species Flowering Cherry/Plum
X X
X
X X
Styrax japonica Japanese Snowball
I I
I Xi
I
Conifers/broadleaf evergreen trees
Abies grandis Grand Fir
X
X
X
Arbutus unedo Strawberry Tree
X
X X
Cedrus deodara Deodar Cedar
X
X X
Chamaecyparis lawsoniana Port Orford Cedar
X
X
X X X
Chamaecyparis nootkatensi Alaska Cedar
X
X
X X X
Colocedrus decurrens Incense Cedar
X
Photinia serrulata Chinese Photinia
X
X X
Picea sitchensis Sitka Spruce
X
X
X X
Pinus contorta Shore Pine
XXX
X X X
Pinus contorta latifolia Lodgepole Pine
X
X X
Pinus densiflora Japanese Red Pine
X
X
Pinus monticola Western White Pine
X
X
X X
Pinus nigra Austrian Black Pine
101
1
ixiX
Pinus ponderosa Ponderosa Pine
X
X
Pinus sylvestris Scotch Pine
X X
X X
Pinus thunbergii Japanese Black Pine
X
X X
Pseudotsuga menziesii Douglas Fir
X
X
X X X
Sequoidendron sempervirer Coastal Sequoia
X
X
Taxus brevifolia Western Yew
X
X
X X
Thuja plicata Western Red Cedar
X
X
X
Tsuga heterophylla Western Hemlock
X
X
X X
Tsuga mertensiana Mountain Hemlock
X
Umbellularia californica California Bay Laurel
X X
X X
Suggested landscape materials
Urban streetscapes/pedestrian boardwalks
I Roadway corridors/street frontage
Parking lot trees
Urban buffer areas
IIII
Greenways - uplands
I I I I I Greenways - wetlands/streams
I I I I I I Shorelines
IIIIIII
I I I I I I I Native materials
( I I I I I I I Drought -tolerant
IIIIIIIII
Deciduous shrubs
Amelanchier alnifolia Western Serviceberry
X
X X
X X
Berberis species Barberry variety
X
X
Callicarpa japonica Japanese Beautyberry
X
Corpus stolonifera Red -Osier Dogwood
X
X X
X X
Enkianthus campanulatus Red -Veined Enkianthus
X
Elaegnus species Elaeagnus variety
X
X X X
Euonymus alata 'Compacta Winged Eunymus
X
X
Hamamelis mollis Chinese Witch Hazel
X
Holodiscus discolor Ocean Spray
X X
X X X
Hydrangea lacecap varietie, Lacecap Hydrangea
X
Potentilla fruticosa Potentilla
X
X X
Physocarpus capitatus Pacific Ninebark
X
X
Rhamnus purshiana Cascara Sagrada
X X
X
Rhus typhina Staghorn Sumac
X
X
X X
Ribes sanguineum Red -flowering Currant
X X
X
Rosa nutkana Nootka Rose
X X
X X
Rosa rugosa Rugosa Rose
X
X X
Rubus parviflorus Thimbleberry
X
X X
X
Rubus spectabilis Salmonberry
X
X X
X X
Salix species Willow variety
X
X X
Sambucus racemosa Red Elderberry
X X
X X
Spiraea species Spiraea variety
X
X X X
Symphoricarpos albus Snowberry
X
X X
Syringa vulgaris cultivars Lilacs
X
X
Vaccinium parvifolium Red Huckleberry
X
X
Viburnum x burkwoodii Burkwood Viburnum
X
X
Evergreen shrubs
Arbutus unedo compacta Compact Strawberry Tree
X
X X
Corpus alba 'Sibirica' Siberian Dogwood
X
Cotoneaster species Cotoneaster variety
X
X X
Ilex crenata Japanese Holly
X
Kalmia latifolia Mountain Laurel
X
Ligustrum japonicum Japanese Privet
X
Myrica californica Pacific Wax Myrtle
XXXXX
X
Osmarea x burkwoodii Burkwood Osmarea
X
X
Osmanthus delavayi Delavay Osmanthus
X
X X
Photinia frazeri Japanese Photinia
X
X X
Pieris floribunda Mountain Pieris
X
X
Pieris japonica Japanese Pieris
X
X
Prunus lusitanica Portuguese Laurel
X
X
Pinus mugo Mugho Pine
X
Rhododendron species Rhododendrons and Azaleas
b�xix�
X
Vaccinium ovatum Evergreen Huckleberry
Suggested landscape materials
Urban streetscapes/pedestrian boardwalks
Roadway corridors/street frontage
Parking lot trees
Urban buffer areas
IIII
Greenways - uplands
I I I I I Greenways - wetlands/streams
I I I I I I Shorelines
IIIIIII
I I I I I I I Native materials
( I I I I I I I Drought -tolerant
IIIIIIIII
Groundcovers
Arctostaphylos uva-ursi Kinnikinnick
X
X
X X X
Berberis nervosa Cascade Mahonia
X
X
X X
Calluna vulgaris Scotch Heather
X
X
Caenothus gloriosus Point Reyes Ceanothus
X
X X
Cotoneaster microphyllus Rockspray Cotoneaster
X
X X
Erica carnea Winter Heath
X
X
Erica x darleyensis Mediterranean Heather
X
Euonymus fortuei Winter Creeper Euonymus
X
X
Gaultheria shallon Salal
X
X X
X X X
Hedra helix species English Ivy variety
X
X
Hypericum calycinum St Johnswart
X
X
Ilex crenata varieties & culti Japanese Holly
X
Mahonia species Mahonia variety
X
X
Pachysandra terminalis Japanese Spurge
X
Sarcococca hookerana Sarcococca
X
�X�
Ix
Vinca minor Periwinkle
X
Note - medium street trees are recommended for planted medians only w/o tree grates.
Source: Hough, Beck & Baird as modified by Galen Wright, Washington Forestry Consultants, Inc.
Section 5: Roadway corridors and street frontages
Roadway corridors and street frontages shall be landscaped based on the different
pedestrian and/or vehicle emphasis to be provided in accordance with the following
categories of design and functional treatment. These zones and corridors shall be planted
with street trees suitable for a mixed motor vehicle, bicycle, and pedestrian environment.
1) These corridors are the public right-of-ways and the setbacks required within
and around roadways and parking lots in the Commercial (Co), Mixed use (Mxd),
Employment (Eo), and Community facilities (Cf) zones.
2) As shown in the graphics, the setback from the street right-of-way shall be
landscaped to provide "see -through vegetation" that functions as a partial visual separator
to soften the appearance of parking areas and building elevations.
1) These corridors are the public right-of-ways and the setbacks required within
and around collector and arterial roadways and parking lots in all Residential zones
(Ranh-R20).
2) As shown in the graphics, these zones shall be landscaped to provide a "filtered
screen vegetation" that functions as a visual separator between the street, parking areas,
and residential activities.
C. Parkway road corridors
1) These corridors are the public right-of-ways and the setbacks required along
major roadway entries into the community as defined on comprehensive plan maps.
2) As shown in the graphics, these parkway road corridors shall be landscaped to
provide a "filtered to view blocking vegetation" using natural materials that provide
continuity with adjacent greenway landscapes.
Section 6: Urban buffers
Urban buffers shall be landscaped based on the extent to which the activity is to be
screened from adjacent uses in accordance with the following categories:
a- ITrban parking lots
1) Urban parking lots are areas commonly shared by residential developments,
and all parking areas and lots provided for employees, customers, and other public users
within the Commercial (Co), Mixed use (Mxd), Employment (Eo), and Community
facility (Cf) zones.
2) Urban parking areas shall be landscaped to provide shade and visual relief
while maintaining clear sight lines within parking and access areas. Shrubs will not
exceed a height of 3 feet around parking lot entries, access aisles, and other vehicle
maneuvering areas in order not to visually block views among vehicles and pedestrians.
3) The plant materials and landscape design may mix evergreen and deciduous
trees to create a continuous canopy.
4) Plantings may be contained in planting islands or strips having an area of at
least 75 square feet with a narrow dimension of not less than 4 feet that is unobstructed
by vehicle overhang.
h_ Urban buffers with filtered screening
1) Urban buffers to be filter screened are the perimeter landscape areas provided
between nonresidential land uses within the Commercial (Co), Mixed use (Mxd),
Employment (Eo), and Community facilities (Cf) zones.
2) As shown in the graphics, these buffers shall function as a visual separator
between uses within these zones.
3) The plant materials and design may mix evergreen and deciduous trees and
shrubs to create a filtered screen effect.
c_ Urban buffers with full screening
1) Urban buffers to be fully screened are the perimeter landscape areas provided
between residential and nonresidential zones.
2) These buffers shall function as a visual barrier to obscure views of
incompatible activities and improvements.
3) The plant materials and design may include a mix of primarily evergreen trees
and shrubs to form an effective full screen effect.
Section 7: Greenways
Greenways shall be maintained, enhanced, and replanted where appropriate, based on the
type of habitat to be conserved in accordance with the following categories:
a- Grp inland habitat
1) Upland greenways are the sensitive environmental areas located on steep,
eroding, or geologically hazardous slopes as defined within this code and within the
comprehensive plan.
2) The landscape within this zone shall be maintained or enhanced with native
materials that provide habitat and cover for upland wildlife species.
h- Greenways of wetland and stream habitat
1) Wetland greenways are the sensitive environmental areas located on
impermeable or slowly draining soils, wetlands and other freshwater bodies, and the
required buffer areas adjacent to wetlands and streams as defined within this code and
within the comprehensive plan.
2) The landscape within this zone shall be maintained or enhanced with native
materials that provide habitat and cover for wetland wildlife species.
1) Shorelines are the sensitive environmental areas and buffer zones located along
the fresh and saltwater shores and banks as defined within this code and within the
comprehensive plan.
2) The landscape within this zone shall be maintained or enhanced with native
materials that provide habitat for marine and estuarine wildlife species.
Section R_ Street trees
a: Street trees shall be planted along roadways and street frontages as indicated within the
accompanying table on landscape design requirements. Tree spacing shall consider the
mature height and spread of the tree species.
b: Street tree species, where not designated in accordance with a design overlay district's
requirements, may be selected from the suggested landscape materials list and shall be
subject to the review and approval of the City Engineer.
c: The trees may be located within the street right-of-way subject to the review and
approval of the City Engineer and accounting for any possible future street widenings or
improvements.
d: Street trees within the public right-of-way shall be maintained according to the
standards established by the City Engineer.
e: Street trees may be spaced at irregular intervals where necessary to accommodate sight
distance requirements for driveways, intersections, street lights, and signage.
Section 9: Buffers
a: Perimeter landscaping along interior lot lines and between zones shall be as provided
within the accompanying table on landscape design requirements.
b: Perimeter landscaping may be modified where appropriate by the City Engineer to
account for above -ground subregional utility developments and distribution or
transmission corridors or other utilities and infrastructure.
Section 10_ Parking lots
a: Landscaping within parking lots that are shared or used in common by residential
developments, and within all nonresidential parking areas and lots shall be as provided
within the accompanying table on landscape design requirements.
b: The maximum distance between any parking stall and required parking area
landscaping shall be no more than every 13 stalls.
c: Permanent curbs or structural barriers shall be provided to protect the plantings from
vehicle overhang.
Section 11: General landscape requirements
Landscape designs shall conform to the following provisions:
a: New landscaping materials shall include native or ornamental species that have
adapted to the climatic conditions of the coastal region of the Pacific Northwest.
Required minimums are indicated in the accompanying table on landscape design
requirements.
b: New landscape materials shall include drought -tolerant species, except where site
conditions within the required landscape areas assure adequate moisture for growth.
c: Existing vegetation may be used to augment new plantings to meet the standards of
this chapter.
d: Trees shall have a caliper of the dimensions shown in the landscape table measured 4
feet above ground level at the time of planting. The caliper may be averaged, but no
individual tree shall have a caliper of less than 75 percent of the requirement.
e: When the width of any landscape strip is 20 feet or greater, the required trees shall be
staggered in 2 or more rows.
f: Shrubs shall be at least 1 gallon in size and of the minimum inches in height at the time
of planting shown in the landscape table.
g: Groundcovers shall be planted and spaced to result in total coverage of the required
landscape area within the number of years indicated in the landscape table as follows:
1) 4 inch pots at 18 inches on center, or
2) 1 gallon or greater sized containers at 30 inches on center.
h: Grass may be used as a ground cover only in urban buffer parking lots or filtered areas
provided that the grass area constitutes no more than 30 percent of such landscape areas.
is Grass and groundcover areas shall contain at least 2 inches of composted organic
material at finish grade. Existing soils shall be augmented with a 2 inch layer of fully
composted organic material rototilled a minimum of 6 inches in depth.
j: Berms should not exceed a slope of 2 horizontal feet to one vertical foot (2: 1), unless
there are extenuating circumstances.
k: Landscape areas shall be covered with 2 to 3 inches of mulch. Mulch shall consist of
materials such as yard waste, sawdust, and/or manure that is fully composted.
1: Required street landscaping may be placed within Port Orchard street rights -of -way
subject to the Port Orchard Road Design Standards with the permission of the City
Engineer.
Section 12: Alternative to inns
The following alternative landscape options may be allowed only if they accomplish
equal or better levels of screening and are subject to the review and approval of the City
Engineer:
a: Total required landscape and tree retention area will not exceed 15 percent of site area.
b: The width of the perimeter buffer landscape strip may be reduced up to 25 percent
along any portion where:
1) berms at least 3 feet in height or architectural barriers at least 6 feet in height
are incorporated into the landscape design, or
2) the landscape materials are incorporated elsewhere on -site.
c: Perimeter landscaping may be reduced up to 25 percent when a development retains an
additional 10 percent of the existing significant trees or 10 significant trees per acre
on -site (above the requirements for tree retention defined within this chapter), whichever
is greater.
d: The landscaping requirement may be modified when existing conditions on or adjacent
to the site, such as significant topographic differences, vegetation, structures or utilities
would render application of this chapter ineffective or result in scenic view obstruction.
e: Within the Mixed use district (Mxd) areas subject to a requirement for an urban
streetscape/pedestrian boardwalk design, roadway corridor buffering is waived provided
the applicant complies with the requirements for street trees, pedestrian pavings,
furnishings, and other amenities.
f. When an existing structure precludes installation of the total amount of required site
perimeter landscaping, such landscaping material shall be incorporated on another
portion of the site.
g: Creative designs using groupings of trees may be utilized.
Section 13: Irrigation
a: Except for areas of undisturbed existing vegetation or low areas with existing high soil
moisture conditions, landscape areas shall have temporary irrigation systems. Such
systems may be removed after 24 months or 2 growing seasons, whichever occurs first,
provided that the plantings are established.
b: Areas of undisturbed existing vegetation, or areas where existing site conditions assure
adequate soil moisture for growth within the required landscape area, shall have
temporary irrigation systems only as required to sustain new plantings and shall be
determined on a case -by -case basis by the City Engineer.
c: Areas of undisturbed existing vegetation, low areas with existing high soil moisture
conditions, or landscape areas consisting of drought -tolerant vegetation may not require
permanent irrigation systems. Permanent irrigation systems may be permitted within all
other required landscape areas, provided such systems shall be designed with:
1) moisture or precipitation sensors,
2) automatic timers set for operation during periods of minimum evaporation and
that assure adequate moisture levels,
3) head -to -head spacing, if sprinkler heads are proposed,
4) backflow prevention devices, and
5) separate irrigation zones for a) turf and planting beds, and b) other
nondrought-tolerant species.
Section 14: Landscape installation
a: Landscaping shall be installed no later than 5 months after issuance of a temporary
certificate of occupancy for the project or project phase.
b: The time limit for compliance may be extended to allow landscape installation during
the next appropriate planting season.
Section 15: Significant tree definition
For the purposes of this chapter, a significant tree:
a: any healthy, long-term tree with a DBH (diameter at breast height) of 18 inches or
greater with adequate live crown to maintain tree vigor and aesthetics.
b: any tree identified as providing wildlife habitat for threatened or endangered species;
or
c: any tree of historical or cultural significance as defined within the comprehensive plan.
Section 16: Significant tree retention
Significant trees should be retained in all zones as follows:
a: Removal of any significant tree with a DBH (diameter at breast height) of 36 inches or
greater shall require city council approval upon the following standards:
1. The proposed use cannot reasonably accommodate the retention of the
significant tree; and
2. The significant tree shall be replaced in accordance with Section 20, below.
b: All significant trees located within any required buffer area or required landscape
planting area should be retained to the extent practical and feasible.
c: Tree retention adjacent to sensitive areas is desirable.
d: Utility developments including roadways may be exempt from the significant tree
retention requirements of this chapter.
e: If significant trees were previously located in a closed, forested situation, an adequate
buffer of smaller trees shall be retained or replaced on the fringe of such significant trees.
A grouping of 3 or more existing healthy trees with canopies that touch or overlap, may
be substituted for each required significant tree, provided each tree has a diametr of at
least 3 inches when measured 4 feet above grade.
g: Except as provided in subsection "h" following, significant trees to be retained shall
not include significant trees that are:
1. damaged or diseased; or
2. safety hazards due to potential root, trunk or primary limb failure, or exposure
of mature trees which have grown in a closed, forested situation.
h: At the discretion of the city engineer, damaged or diseased or standing dead trees may
be retained and counted toward the significant tree requirement if demonstrated that such
a tree will provide important wildlife habitat and is not classified as a danger tree.
Section 17_ Significant tree retention plan
The applicant shall submit a tree retention plan concurrent with a grading permit,
building permit or preliminary subdivision or short subdivision application, whichever is
reviewed and approved first. The tree retention plan shall consist of -
a: A tree survey that identifies the location, size, and species of individual significant
trees or the perimeter of stands of trees on a site. For forested sites, the tree survey may
use a standard timber cruising method to reflect general locations, numbers, and
groupings of significant trees. For detailed site plans and grading applications, the tree
survey may be conducted by a method that locates individual significant trees near edges
of tree protection areas.
b: The tree retention plan identifying the significant trees that are proposed to be retained
should show the locations of tree protection fence that protects the critical root zones of
the trees.
Section Igo Incentives for retaining significant trees
Each significant tree that is located outside of the area for perimeter buffer landscaping
and is retained may be credited in a ratio up to 2 trees for complying with the retention
requirements of this chapter.
Section 19: Protecting significant trees
To provide the best protection for significant trees:
a: No clearing shall be allowed on a site until approval of tree retention and landscape
plans.
b: The root protection zone is equal to V radius for every 1" of tree DBH unless
individual tree evaluation by a certified arborist recommends modification to the
guidelines. It shall be identified prior to construction with a temporary 5 foot high
chainlink or orange mesh fence.
c: No impervious surfaces, fill, excavation, or storage of construction materials shall be
permitted within the root protection zone.
d: Alternative protection methods may be used if determined by the City Engineer to
provide equal or greater tree protection.
When the required number of significant trees cannot be retained, significant trees that
are removed shall be replaced with:
a: New trees measuring 2.5 inch caliper and 6 feet in height, at a replacement rate of 3
trees for each significant tree removed.
b: If the site does not allow for planting all replacement trees, trees can be planted on
another site approved by the City Engineer.
Section 21: Maintenance
a: All landscape materials and significant trees, except within sensitive areas or buffers,
shall be maintained in a healthy growing condition.
b: With the exception of dead, diseased or damaged trees specifically retained to provide
wildlife habitat; other dead, diseased, damaged or stolen plantings shall be replaced on a
1 for 1 basis within 5 months or during the next planting season if the loss does not occur
in a planting season.
c: Landscape areas shall be kept free of trash.
Section 22: Bonds and security
Performance bonds or other appropriate security (including letters of credit and setaside
letters) equal to 125% of the estimated value of the plants and installation costs shall be
required for a period of 2 years after the planting or transplanting of vegetation to insure
proper installation, establishment, and maintenance.
Appendix
Planning and Development Procedures
Zoning Ordinance
Port Orchard, Washington
December 28, 1998
Planning and Development Procedures
Port Orchard, Washington
December 28, 1998