HomeMy WebLinkAbout1469 - Ordinance - Establishing Comp Zoning OrdinanceRepealed by Ordinance 1748
Date: 12-28-98
6
ORDINANCE NO. 1469 /
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, REPEALING ORDINANCE NUMBERS 899,
986, 987, 988, 1163, 1194, 1214, 1302, 1312,
1323, 1351, 1367, 1393 ESTABLISHING LAND USE
CLASSIFICATION AND DISTRICTS IN THE CITY OF
PORT ORCHARD; ADOPTING A MAP DIVIDING THE CITY
INTO SUCH DISTRICTS AND PROVIDING FOR
SECTIONAL DISTRICT MAPS SHOWING CLASSIFIED USE
DISTRICTS; ADOPTING STANDARDS AND REGULATIONS
REGULATING THE USE OF LAND THEREIN AND THE
LOCATION, USE AND DESIGN OF BUILDINGS AND
STRUCTURES.
WHtKtAS, the Port Orchard Planning Commission, after
\survey, investigation and study, has prepared a Comprehensive Plan for the
physical development of the community and, after public hearing thereon,
ti has recommended the adoption of such Comprehensive Plan; and
WHEREAS, the City Council having studied such plan and
\ recommendation and having held further public hearings thereon, and having
\ determined that such plan will provide for the advantageous development of
1 the city, and it's design, among other things, to encourage the most
5ry,appropriate use of the land throughout the municipality; to lessen traffic
� congestion; to secure safety from fire; to provide adequate light and air;
to prevent overcrowding of land; to avoid undue concentration of
population; to promote coordinated development of unbuilt areas; to
�\N encourage the formation of neighborhood and community units; to secure
appropriate allotment of land area in new developments for all the
requirements of community life; to conserve and restore natural beauty and
other natural resources; to facilitate the adequate provision of
transportation, water, sewage and other public uses and requirements, does
concur with the recommendations of the Port Orchard Planning Commission,
and in order to implement said plan into effect in the City of Port
Orchard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ORCHARD DOES ORDAIN AS FOLLOWS: 15CI7— isJg3
�qa
Ordinance No. 1469
Page Two
CHAPTER i
ORDINANCES REPEALED
1_1 THAT Ordinance No.'s 899, 986, 987, 988, 1163, 1194, 1214, 1302,
1312, 1323, 1351, 1367 and 1393 are hereby repealed.
Ordinance No. 1469
Page Three
CHAPTER 2
TITLE
2_1 This ordinance shall be known and may be cited as "The Port Orchard
Comprehensive Zoning Ordinance".
Ordinance No. 1469
Page Four
CHAPTER 3
ESTABLISHMENT OF DISTRICTS
3.1 ESTABLISHMENT OF DISTRICTS In order to classify, segregate and
regulate the uses of land, buildings and structures, the City of Port
Orchard hereby is divided into the following Use Districts:
DISTRICT PRIMARY USE
GB Green Belt
RL Low Density Residential
RH High Density Residential
MF-20 Multiple Family Residential
CH Commercial Highway
CG Commercial General
I Industrial
PP Public Properties
3.2 ANNEXED AREAS All land hereafter annexed to the City shall be
considered tentatively as having the City of Port Orchard land use
classification nearest to that land use classification enjoyed while in
the County, pending study, public hearing and specific classification.
3.3 OFFICIAL MAPS The boundaries of the use districts existing on the
effective date of adoption or amendment of this ordinance are delineated
on the Use District Map. The purpose of the Use District map is to
maintain a detailed visual record of the successive changes in the
district boundaries, annexations, ordinance numbers, dates and other
related data. The Map, and all notation, references, and other
information shown thereon shall be as much a part of this Ordinance as
though fully described herein.
3.4 RULES OF CONSTRUCTION When uncertainty exists as to the boundaries
of any Use District shown on said district map, the following rules of
construction shall apply:
1. Where district boundaries are indicated as
approximately following the centerline of
streets, alleys or highways, the actual
centerline shall be considered to be the
boundary.
2. Where district boundaries are indicated as
running approximately parallel to the centerline
of a street, the boundary line shall be
constructed to be parallel to the centerline of
the street.
Ordinance No. 1469
Page Five
Where district boundaries are indicated on such
maps as approximately following the lot or tract
lines, the actual lot or tract lines shall be
constructed to be the boundary of such Use
Districts.
4. Unmapped shorelands shall be considered to be
within the same land use district as the adjacent
upland as shown on the Use District Map.
Where a public street or alley is officially
vacated or abandoned, the regulations applicable
to the abutting property to which the vacated
portion shall revert shall apply to such vacated
or abandoned street or alley.
In case uncertainty exists which cannot be
determined by application of the foregoing rules,
the Planning Commission shall recommend, and the
City Council shall determine the location of such
Use District boundaries.
3.5 DISTRICT BOUNDARIES The boundaries of such Use Districts as are
shown on the Use District Map or amendments thereto, are hereby adopted
and approved and the regulations of this Ordinance governing the uses of
land, buildings and structures, the height of buildings and structures,
the size of yards about buildings and structures, and other matters as
herein set forth are hereby established and declared to be in effect upon
all land included within the boundaries of each and every Use District
shown upon said maps.
No building or structure shall be erected and no
existing building or structure shall be moved,
altered, added to.or enlarged, nor shall any
land, building, structure or premises be used,
designed or intended to be used for any purpose
or in any manner other than a use listed in this
Ordinance or amendments thereto as permitted in
the Use District in which such land, building,
structure or premises is located.
No building or structure shall be erected, nor
shall any existing building or structure be
moved, reconstructed or structurally altered, to
exceed in height the limit established by this
Ordinance or amendments thereto for the Use
District in which such building or structure is
located.
Ordinance No. 1469
Page Six
No building or structure shall be erected, nor
shall any building or structure be moved,
altered, enlarged or rebuilt, nor shall any open
spaces surrounding any building or structure be
encroached upon or reduced in any manner, except
in conformity with the building site requirements
and and the area and yard regulations established
by this Ordinance or amendments thereto for the
Use District in which such building or structure
is located.
No yard or other open spaces provided about any
building or structure for the purpose of
complying with the regulations of this Ordinance
or amendments thereto, shall be considered as
providing a yard or open space for any other
building or structure.
3.6 AMENDMENTS Amendments to this Ordinance for the purpose of
reclassification of land within the City of Port Orchard shall be
accomplished by the adoption of an Ordinance describing the land
reclassified and by the revision of the Use District Map as directed by
said Ordinance, and by the filing of the Ordinance and appropriate
amendatory maps with the Auditor of Kitsap County.
However, upon the passage by the City Council of a reclassification
ordinance, and the filing of the same with the City Clerk and the County
Auditor, said rezone shall constitute a valid reclassification in all
respects even if the reclassification is not placed upon or delineated on
the use district map.
Ordinance No. 1469
Page Seven
CHAPTER 4
DEFINITIONS
Except where specifically defined herein, all words used in this
Ordinance shall carry their customary meanings. Words used in the present
tense include the future, and the plural includes the singular; the word
"shall" is always mandatory, the word "may" denotes a use of discretion in
making a decision; the word "used" or "occupied" shall be considered as
though followed by the words "or intended, arranged or designated to be
used or occupied".
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.
AGGRIEVED PARTY A party who suffers a direct and adverse
effect upon his personal, pecuniary or property rights by a
decision of the City Council or the Planning Commission.
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 its right-of-way lines.
ALTERATIONS 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.
BUILDING Any structure used or intended for supporting or
sheltering any use or occupancy.
BUILDING AREA The area included within the surrounding
interior walls of a building or portion thereof, exclusive of
courts.
CLINIC A building in which health care services are provided
for treatment of human or animal out -patients.
COMPATIBLE NEIGHBORHOOD USE The characteristics of different
uses or activities that permit them to be located near each other
in harmony and with minimum conflict.
CONCOMITANT AGREEMENT A contract duly executed and legally
binding between the City and the property owner that is made in
conjunction with Council action.
Ordinance No. 1469
Page Eight
COURTYARD A space, open and unobstructed to the sky, located
at or about grade level on a lot and bounded on three or more
sides by walls of a building.
COVERAGE The percentage of the area of a lot which is built
upon or used for structural purposes.
DAY CARE CENTER A building, licensed by the State of
Washington, in which parental care and education is provided for
children during the day.
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.
DWELLING Any building or any portion thereof which is not a
"Lodging House" or a "Hotel" as defined in this code, which
contains "Dwelling Units" or "Guest Rooms", used, intended or
designed to be built, used, rented, leased, or hired out to be
occupied, or which are occupied for living purposes.
DWELLING UNIT A single unit providing complete, independent
living facilities for one or more persons, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
FAMILY An individual or two or more persons related by blood
or marriage or a group of not more than five persons (excluding
servants) who need not be related by blood or marriage living
together in a dwelling unit.
FOSTER FAMILY A family wherein one (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.
FOSTER CARE HOME "A foster home is a facility wherein (1) the
operator is not legally related to the individuals supervised,
(2) is a family size facility licensed by the State of Washington
to provide care and supervision of five or less children or
dependent adults in a home setting (3) the facility shall be
registered with the Fire Department and (4) shall be treated as a
permitted use in all residential zones or districts.
GROUP HOME A group residence licensed by the State and
operated for the purpose of providing family -like domiciliary
care for a group of six or more persons who are unable to care
for themselves, but do not receive medical, nursing, psychiatric
or psychological treatment in the facility. Group homes do not
include transitional facilities or facilities intended to provide
rehabilitation or social readjustment.
Ordinance No. 1469
Page Nine
HOME FOR ADJUSTMENT; OR HALFWAY HOUSE A use providing board
and room, recreational, counseling, and other rehabilitative
services to individuals, of either sex, who by reason of mental
or physical disability, addiction to drugs or alcohol, or family
and school adjustment problems require specialized attention and
care in order to achieve personal independence. Individuals
participating in a work release, or similar program from a state
institution, and under the supervision of a court, state or local
agency shall be included within this definition.
HOME OCCUPATION An occupation or profession which is
customarily incidental to and carried on in a dwelling unit or
accessory structure and not one in which the use of a premises as
a dwelling unit is largely incidental to the occupation carried
on by a member of the family residing within the dwelling unit.
HOSPITAL A building designated and used for medical and
surgical diagnosis, treatment and housing of persons under the
care of doctors and nurses.
HOTEL Any building containing six or more guest rooms intended
or designated to be used, or which are used, rented or hired out
to be occupied, or which are occupied for sleeping purposes by
guests.
HOUSE BOAT A watercraft structure designed primarily to be
occupied as living quarters.
LODGING HOUSE Any building or portion thereof containing not
more than five guest rooms which are used by not more than five
guests where rent is paid in money, goods, labor or otherwise. A
lodging house shall comply with all the requirements of this code
for dwellings.
LOT A measured parcel of land having fixed boundaries and
designated on a plat or survey.
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 boarding on the street.
LOT MEASUREMENTS
a) Depth of a lot shall be considered to 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.
Ordinance No. 1469
Page Ten
b) Width of a rectangular lot shall be considered to be the
dimension between its two side lot lines perpendicular to the
street. For an irregularly shaped lot the width shall be
considered to be a dimension which equals the arithmetic
average of the widest and narrowest dimensions between the lot
line most nearly perpendicular to the frontage street.
LOT TYPES
a) Corner lots are lots which are located at the junction of,
and fronting on, two or more intersecting streets.
b) Interior lots are lots which do not front on two or more
streets.
c) Through lots are lots, other than corner lots, which have
frontage on more than one street. Through lots abutting two
streets may be referred to as double -frontage lots.
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 (community and public
docks are not considered marinas).
MOBILE HOME A factory assembled structure equipped with the
necessary connections and made so as to be readily movable as a
unit on its own running gear and designed to be used as a
dwelling unit without a permanent foundation. The phrase
"without a permanent foundation" indicates that the support
system is constructed with the intent that the mobile home placed
thereon will be moved from time to time at the convenience of the
owner. For purposes of this Ordinance, mobile homes shall not
include recreational vehicles (see definition for "Recreational
Vehicles" and for "Dwelling").
MOBILE HOME PARK A tract of land developed with individual
sites and facilities to accommodate two or more mobile homes.
MOTEL A building or portion thereof designated or used for the
transient rental of five or more units, which provides lodging
services and accomodations to the motoring public.
MULTIPLE -FAMILY DWELLING A residential building designated for
or occupied by three or more families, with the number of
families in residence not exceeding the number of dwelling units
provided.
NON -CONFORMING STRUCTURE A building or structure which was
lawfully erected or altered and maintained, but which does not
conform to the regulations of the zone in which the building
exists.
Ordinance No. 1469
Page Eleven
NON -CONFORMING USE A use which was lawfully established and
continuously maintained, but which does not conform to the
regulations of the zone in which the use exists.
PARKING SPACE, OFF-STREET A space on private property with
access to a public street or alley used to park a motor vehicle.
PERMITTED USE Any use authorized or permitted in a specific
use district and subject to the limitations and regulations of
such use district.
PIER A fixed structure built over the water, used as a landing
place for marine transport or for recreational purposes.
PRINCIPAL USE The primary use for a lot, structure or
building, or the major portion thereof, as designated or actually
used.
RECREATIONAL VEHICLE A motor home, travel trailer, truck,
camper or camping trailer, with or without motive power, designed
for human habitation for recreational or emergency occupancy,
with a living area less than two -hundred -and -twenty (220) square
feet excluding built-in equipment such as wardrobes, closets,
cabinets, kitchen units or fixtures, bath and toilet rooms.
SCHOOL An institution primarily for academic instruction,
public, private or parochial, and accredited by the State
Department of Education.
SECONDARY USE An incidental or accessary use for which a lot,
structure or building is designated or employed in conjunction
with, but subordinate to its primary use.
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 minor servicing of motor
vehicles.
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.
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.
Ordinance No. 1469
Page Twelve
SINGLE-FAMILY RESIDENCE A building designated for occupancy by
one family and containing one dwelling unit. A mobile home may
be considered a single-family dwelling unit only after it has
been permanently installed on a foundation constructed for that
purpose.
SPECIAL USE A use that generally would not be appropriate, but
which, if controlled as to number, areas, location, or relation
to neighborhood would promote the health, safety, welfare,
comfort, convenience or general welfare of the public.
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.
STRUCTURAL ALTERATION Any change to the supporting members of
the building or structure including foundations, bearing walls,
columns, beams or girders.
STRUCTURE That which is built or constructed, an edifice or
building of any kind, or any piece of work artificially built up
or composed of parts joined together in some manner.
TWO-FAMILY DWELLING A building containing two dwelling units,
with each unit designed for occupancy by one family. Also
referred to as a duplex.
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.
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.
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.
Ordinance No. 1469
Page Thirteen
CHAPTER 5
DISTRICT REGULATIONS
5.1 "GB" GREEN BELT DISTRICT
Purpose: The "GB" or Green Belt District is an area set aside because of
its unique characteristics for present or future uses and is so designated
as to preserve and protect natural areas which are unique in character;
and to insure that natural systems will be maintained. It is intended that
man's use activities will be subordinate within the Green Belt System.
Any activities which would bring about a change in the existing situation
would only be desirable if such a change would contribute to the
preservation of its existing character. Green Belt areas are designed to
comply with the requirements of the goals and policies as set forth in the
City's Comprehensive Urban Development Plan and the Parks, Recreation and
Open Space Plan.
A. USE REGULATION
1. Permitted Uses:
a. Single-family dwelling
b. Accessory structures
c. Parks and Playgrounds
B. DEVELOPMENT STANDARDS
1. Structures shall be permitted and located only on a single lot
or parcel of record created prior to December 13, 1976. If
two or more contiguous lots were of single ownership on
December 13, 1976, the lands involved shall be considered to
be an undivided parcel for the purposes of this Ordinance.
2. Lot Area The lot area for each use shall not be less than:
a. Single-family dwelling - 20,000 square feet
b. Parks and Playgrounds - 2 1/2 acres
3. Height No building shall have more than three stories and/or
total height of any structure shall not exceed thirty-three
(33) feet to the roof dripline, measured from any point around
the building, unless a fire protection plan is approved by the
Fire Chief.
4. Driveways All driveways shall meet the City's specifications
for crossing of drainage ditches and juncture with streets or
alleys.
Ordinance No. 1469
Page Fourteen
"Green Belt District" - Continued
5. Mobile Home For the purpose of this Ordinance the use of a
mobile home as a single-family residence may be considered a
permitted use as long as its installation causes it to fit
within the definition of a single-family residence.
6. Off -Street Parking Two off-street parking spaces shall be
located on the same lot as the residence and shall not occupy
more than fifty (50) percent of the required front yard area.
7. Yards Each lot shall have front, rear and side yards with
depths or widths of not less than the following:
a. Front yard depth
b. Side yard depth:
c. Corner lot side yard
d. Rear yard:
15 ft.
15 ft. total,
not less than 5 ft.
15 ft facing
side street
(no rear yard)
10 ft.
5.2 "RL" LOW DENSITY RESIDENTIAL DISTRICT
Purpose: the "RL" or Residential Low Density District is the most
restrictive of all urban residential districts. Its primary intent is to
provide for an uncrowded urban residential environment which is consistent
with the traditional semi -rural image of the Port Orchard area. It is not
the intent of this, or any other residential district to restrict the type
of residential uses permitted as long as they are consistent with a
residential development. The "RL" district also permits, under special
conditions, the development of certain neighborhood commercial uses.
A. USE REGULATIONS
1. Permitted Uses:
a. Single-family dwellings
b. Two-family dwellings
c. Multiple -family dwellings
d. Mobile home
e. Parks and play grounds
f. Nurseries and greenhouses
g. Accessory buildings
h. Schools, libraries and public buildings
i. Utility substations
j. Home occupations
k. Foster care homes
Ordinance No. 1469
Page Fifteen
"Residential Low Denisty District" - Continued
2. Uses permitted upon issuance of a Special Use Permit:
a. Compatible neighborhood commercial uses such as; grocery,
restaurant, barber, etc.
b. Professional offices
c. Branch bank
d. Churches
e. Mobile home parks
f. Day Care Centers
g. Group Homes
h. Lodging House
i. Service Station
B. DEVELOPMENT STANDARDS
1. Lot Area The lot area required for each use shall not be less
than the following:
a. Single-family dwelling: 10,000 sq. ft.
b. Two-family dwellings: 9,000 sq. ft.
per unit
c. Multiple -family dwellings: 8,000 sq. ft.
per unit
d. Mobile Home Park
5,000 square feet per
mobile home space.
2. Coverage Buildings, including accessory uses, shall cover not
more than thirty (30) percent of the total lot area.
3. Driveways All driveways shall meet the City's specifications
for crossing drainage ditches and juncture with streets and
alleys.
4. Height Buildings shall not exceed thirty-three (33) feet to
the roof dripline, measured from any point around the
building, unless a fire protection plan is approved by the
Fire Chief.
5. Mobile Home For the purpose of this ordinance the use of a
mobile home as a single-family residence may be considered a
permitted use as long as its installation causes it to fit
within the definition of a single-family residence.
6. Yards Each lot shall have front, rear and side yards with
depths or widths of not less than the following:
"Residential Low Density District" - Continued
a. Front yard depth:
b. Side yard depth:
c. Corner lot side yard
d. Rear yard:
Ordinance No. 1469
Page Sixteen
15 ft.
15 ft. total,
not less than 5
15 ft. facing side street
(no rear yard)
10 ft.
7. Off -Street Parking Spaces shall be located on the same lot as
the use or within one hundred (100) feet of such use. Each
space shall be approximately 9' X 20' in size and be surfaced
with either asphalt, concrete or gravel. Required off-street
parking spaces shall not occupy more than fifty (50) percent
of the required front yard area.
8. Si ns The Uniform Sign Code, as adopted by the City shall
regulate the construction of signs in the City. The following
are allowed provided they do not exceed the following
specifications:
USE MAXIMUM SIZE
Home Occupations
4
square
feet
Non-commercial signs
4
square
feet
Real Estate signs
4
square
feet
Multi -family dwellings,
Churches, School or
Public buildings 10 square feet
Commercial Uses One (1) square foot of sign face for
every lineal foot of lot frontage with
no single sign exceeding 50 square
feet.
9. Prohibited Signs The following signs are prohibited:
a. Signs which interfere with the view of traffic signs,
signals or devices, and approaching or merging traffic.
b. Signs which are distracting, such as those with
concentrated light sources or reflecting surfaces of such
intensity or glare that they may create a safety hazard.
c. Signs which are structurally unsafe, or improperly
maintained, or otherwise in violation of the Uniform
Building Code.
Ordinance No. 1469
Page Seventeen
"Residential Low Density District" - Continued
d. Signs erected, maintained, or painted upon trees, rocks or
other natural features.
10. Mobile Home Parks All mobile home parks shall comply with
the current City of Port Orchard Ordinances which regulate
mobile home parks. If the mobile home park is served by
the municipal sewer system, the minimum mobile home space
size shall be 3500 square feet. The conditions specified
in the mobile home park ordinance shall supercede the
development standards of the Comprehensive Zoning Ordinance
if recommended by the City Engineer.
5.3 "RH" HIGH DENSITY RESIDENTIAL DISTRICT
Purpose: The "RH" or Residential High Density District is to establish
areas permitting a greater population density than is allowed in the
residential low density district and should be utilized where there is an
identifiable need for a more intense use of land for residential
purposes. It is furthermore intended that such districts be established
in locations which relate conveniently to the arterial circulation system
and to community facilities in general.
A. USE REGULATIONS
Permitted Uses:
a. Single-family dwellings
b. Two-family dwellings
c. Multiple -family dwellings
d. Mobile home
e. Parks and playgrounds
f. Nurseries and greenhouses
g. Accessory buildings
h. Schools, libraries and public buildings
i. Utility substations
j. Home occupations
k. foster care homes
Uses permitted upon issuance of a Special Use Permit:
Compatible neighborhood commercial uses such as; grocery,
restaurant, barber, etc.
Professional offices
Branch bank
Churches
Mobile home parks
Institutions such as, but not limited to, children's home
and day care centers
Ordinance No. 1469
Page Eighteen
"Residential High Density District" - Continued
g. Group homes
h. Home for adjustment
i. Lodging house
j. Clinics
k. Service stations
B. DEVELOPMENT STANDARDS
1. Lot Area The lot area required for each use shall not be less
than the following:
a. Single family dwelling: 5,000 sq. ft per unit
b. Two-family dwelling: 4,500 sq. ft per unit
c. Multi -family dwelling: 4,000 sq. ft per unit
d. Mobile Home Park space 3,500 sq. ft. per unit
2. Coverage Buildings, including accessory uses, shall cover not
more than forty (40) percent of the total lot area.
3. Driveways All driveways shall meet the City's specifications
for crossing of drainage ditches and juncture with streets or
alleys.
4. Height No building shall have more than three stories and/or
total height of any structure shall not exceed thirty-three
feet to the roof drip line at any point around the structure
measured from the lowest point of finished grade, unless a
fire protection plan is approved by the Fire Chief.
5. Mobile Home Parks All mobile home parks shall comply with the
current City of Port Orchard Ordinances which regulate mobile
home parks. Conditions specified in the mobile home park
ordinance shall supercede the development standards of the
Comprehensive Zoning Ordinance if recommended by the City
Engineer.
6. Mobile Home For the purpose of this Ordinance the use of a
mobile home as a single-family residence may be considered a
permitted use as long as its installation causes it to fit
within the definition of a single-family residence.
7. Yards Each lot shall have front, rear and side yards with
depths or widths of not less than the following:
a. Front yard depth: 15 ft.
b. Side yard depth: 15 feet total, not less than 5 ft.
Ordinance No. 1469
Page Nineteen
"Residential High Density District" - Continued
c. Corner lot street side yard: 15 ft.
d. Rear yard: 10 ft.
8. Off -Street Parking Spaces shall be located on the same lot as
the use or within one hundred (100) feet of such use. Each
space -shall be surfaced with either asphalt, concrete or
gravel. Required off-street parking spaces shall not occupy
more than fifty (50) percent of the required front yard area.
9. Signs The Uniform Sign Code, as adopted by the City shall
regulate the construction of signs in the City. The following
are allowed provided they do not exceed the following:
USE
Home Occupation, non-
commercial signs, real
estate signs
Multi -family dwellings,
church, school or public
building
Commercial Uses
MAXIMUM SIZE
4 square feet
10 square feet
1 square foot of
sign face for every
lineal foot of lot
frontage with no
single sign exceeding
50 square feet
10. Prohibited signs The following signs are prohibited:
a. Signs which interfere with the view of traffic signs,
signals or devices, and approaching or merging traffic.
b. Signs which are distracting, such as those with
concentrated light sources or reflecting surface of such
intensity or glare that they may create a safety hazard.
c. Signs which are structurally unsafe, or improperly
maintained, or otherwise in violation of the Uniform
Building Code.
d. Signs erected, maintained, or painted upon trees, rocks or
other natural features.
Ordinance No. 1469
Page Twenty
5.4 "MF-20" MULTIPLE FAMILY DISTRICT
Purpose: The "MF-20" district establishes 20 units per acre high density
multiple residential development areas in urban locations where
established public services and facilities are available.
A. USE REGULATIONS
1. Permitted Uses
a. Multiple -family dwellings.
b. Public parks and recreational facilities.
c. Hospital, sanitarium, rest home, home for the aged,
nursing home, convalescent home or retirement home.
d. Planned Development with approved site plans.
2. Uses permitted upon the issuance of a Special Use Permit
a. Group homes
b. Kindergarten, day nursery or day care centers
c. Schools including business, technical or music
d. Community center, fraternal or lodge building
e. Utility substations
f. Churches
g. Compatible neighborhood commercial uses such as; grocery,
restaurant, barber, etc.
h. House for adjustment
i. Lodging House
j. Home Occupations
B. DEVELOPMENT STANDARDS
1. Lot Area The development site or lot shall be not less than
6,534 square feet.
2. Coverage Buildings including accessory structures and uses
(parking spaces) shall cover not more than fifty (50) percent
of the total lot area.
3. Driveways All driveways shall meet the City's specifications
for crossing drainage ditches and juncture with streets and
alleys. Where practical, the street access shall be located
near a side property line for future combined ingress and
egress with adjacent development.
Ordinance No. 1469
Page Twenty -One
"Multiple Family 20 District" - Continued
4. Height No building shall have more than three stories and/or
total height of any structure shall not exceed thirty-three
feet to the roof drip line at any point around the structure
measured from the lowest point of finished grade, unless a
fire protection plan is approved by the Fire Chief.
5. Yards Each lot shall have front, rear and side yards with
depths or widths of not less than the following:
a. Front yard depth
b. Side yard depth
c. Corner lot street side yard
d. Rear yard
15 feet
15 feet total; not
less than 5 feet.
15 feet facing side
street (no rear yard)
10 feet
6. Off -Street Parking Spaces shall be located on the same lot
as the use or within one hundred (100) feet of such use.
Each space shall be 9'X20' in size and be surfaced with
either asphalt, concrete or gravel. Required off-street
parking spaces shall not occupy more than fifty (50) percent
of the required front yard area.
7. Signs The Uniform Sign Code, as adopted by the City shall
regulate the construction of signs in the City. The
following are allowed provided they not exceed the following:
USE
MAXIMUM SIZE
Non -Commercial Signs 4 square feet
Real Estate Signs 4 square feet
Multi -family dwellings,
Church, School or Public
Building 10 square feet
Commercial Uses 1 square foot of sign face for every
lineal foot of lot frontage with no
single sign exceeding 50 square feet.
8. Prohibited signs The following signs are prohibited:
a. Signs which interfere with the view of traffic signals or
devices, and approaching or merging traffic.
Ordinance No. 1469
Page Twenty -Two
"Multiple Family 20 District" - Continued
b. Signs which are distracting, such as those with
concentrated light sources or reflecting surfaces of such
intensity or glare that they may create a safety hazard.
c. Signs which are structurally unsafe, or improperly
maintained, or otherwise in violation of the Uniform
Building Code.
d. Signs erected, maintained, or painted upon trees, rocks or
other natural features.
5.5 "CH" COMMERCIAL HIGHWAY DISTRICT
Purpose: The "CH" or highway commercial district is designated to permit
those activities which primarily serve the traveling public. It should be
applied in those areas which have proper visual exposure to major traffic
routes and transportation terminals. Uses in those districts should be
developed in a planned manner affording the motorist the opportunity to
acquire food, fuel and/or lodging in a relaxing and aesthetically -pleasing
environment.
A. USE REGULATIONS:
1. Permitted Uses
a. Motels and Hotels
b. Restaurants
c. Auto Repair Shops
d. Cocktail Lounges
e. Service Stations
f. Vehicle Sales and Services
B. DEVELOPMENT STANDARDS
1. Lot Area The lot area required for each use within the "CH"
district shall be not less than fifteen thousand (15,000)
square feet.
2. Coverage Buildings, including accessory structures and uses,
shall cover not more than forty (40) percent of the total lot
area.
3. Driveways All driveways shall meet the City's specifications
for crossing drainage ditches and juncture with streets and
alleys.
Ordinance No. 1469
Page Twenty -Three
"Commercial
Highway District" - Continued
4.
Heiaht No building shall have more than three stories and/or
total height of any structure shall not exceed thirty-three
feet to the roof drip line at any point around the structure
measured from the lowest point of finished grade.
@cc� 5.
Yards
a. Front yard
1) A building which fronts on a street shall be set back
at least fifty (50) feet.
2) A building which fronts away from or perpendicular to
a street shall be set back at least twenty-five feet.
b. Side Yard Buildings shall not be located within fifteen
(15) feet of any side lot line or within twenty-five (25)
feet of any residentially -zoned property.
c. Rear Yard 10 feet
6. Off -Street Parking Spaces shall be located on the same lot
as the use or within one hundred (100) feet of such use.
Each space shall be 9' X 20" in size and be surfaced with
either asphalt, concrete or gravel. Required off-street
parking spaces shall not occupy more than fifty (50) percent
of the required front yard area.
7. Signs The Uniform Sign Code as adopted by the City shall
regulate the construction of signs in the City. Commercial
establishments may identify their operations with signs or
other advertising structures not exceeding the following
specifications.
a. One square foot of sign face for each lineal foot of lot
frontage. No single sign, however, shall exceed two
hundred fifty (250) square feet in area.
b. Height. Freestanding signs shall not exceed fifty feet in
height. If the sign is within the jurisdiction of the
Washington Shorelines Management Act, the maximum height
of a freestanding sign shall be thirty-five feet. Roof
signs shall not exceed the height of the ridge line of the
roof on which they are located.
8. Prohibited signs The following signs are prohibited.
a. Signs which interfere with the view of traffic signs,
signals or devices, and approaching or merging traffic.
Ordinance No. 1469
Page Twenty -Four
"Commercial Nigh District" - Continued
b. Signs which are distracting, such as those with
concentrated light sources or reflecting surfaces of such
intensity or glare that they may create a safety hazard.
c. Signs which are structurally unsafe, or improperly
maintained, or otherwise in violation of the Uniform
Building Code.
d. Signs erected, maintained, or painted upon trees, rocks or
other natural features.
5.6 "CG" COMMERCIAL GENERAL DISTRICT
Purpose: The "CG" or commercial general district is the least restrictive
commercial district. It provides for more intensive commercial activity
and should serve a wide variety of retail, office and service commercial
needs.
A. USE REGULATIONS
1. Permitted Uses:
a. Commercial uses, wholesale and retail
b. Personal and professional services
c. Eating establishments and Cocktail Lounges
d. Signs
e. Commercial parking lots
f. Community or public parks and recreational facilities
g. Indoor entertainment and amusement facilities
h. Education, cultural, governmental, religious or health
care facilities
i. Marine oriented commercial uses
j. House Boat
k. Accessory buildings associated with the above uses
2. Uses permitted upon issuance of a special use permit:
a. Dwelling Units
b. Welding and Sheetmetal Works
c. Open Storage Yards
d. Warehouses
e. Express and moving companies
f. Day care and Pre-school facilities
B. DEVELOPMENT STANDARDS
1. Lot Area The lot area required for any commercial
establishment shall be not less than five thousand (5,000)
square feet.
Ordinance No. 1469
Page Twenty -Five
"Commercial General District" - Continued
2. Coverage Buildings, including accessory uses, shall cover
not more than seventy (70) percent of the total lot area.
3. Dwelling Units
a. Dwelling units shall be a permitted use only on the second
floor level and above. The predominate use shall remain
commercial, and the ground level story shall be reserved
for commercial use only.
b. Mixed uses e.g. commercial, dwelling units, shall not be
permitted on those stories above the ground level story.
No commercial uses shall be allowed above dwelling units.
c. Two (2) marked off-street parking spaces shall be provided
for each dwelling unit.
4. Driveways All driveways shall meet the City's specifications
for crossing drainage ditches and juncture with streets and
alleys.
5. Height No building shall have more than three stories and/or
total height of any structure shall not exceed thirty-three
feet to the roof drip line at any point around the structure
measured from the lowest point of finished grade.
6. Yards None required.
7. Off -Street Parking Spaces shall be located on the same lot
as the use or within one hundred (100) feet of such use.
Each space shall be 9' X 20" in size and be surfaced with
either asphalt, concrete or gravel. Required off-street
parking spaces shall not occupy more than fifty (50) percent
of the required front yard area.
8. Signs The Uniform Sign Code, as adopted by the City shall
regulate the construction of signs in the City.
a. One Square foot of sign face for each lineal foot of lot
frontage. No single sign, however shall exceed two
hundred (200) square feet in area.
b. Height. Freestanding signs shall not exceed thirty-three
feet in height. Roof signs shall not exceed the height of
the ridge line of the roof on which they are located.
Ordinance No. 1469
Page Twenty -Six
"COMMERCIAL GENERAL DISTRICT" - Continued
9. Prohibited Signs The following signs are prohibited:
a. Signs which interfere with the view of traffic signs,
signals or devices, and approaching or merging traffic.
b. Signs which are distracting, such as those with
concentrated light sources or reflecting surfaces of such
intensity or glare that they may create a safety hazard.
c. Signs which are structurally unsafe, or improperly
maintained, or otherwise in violation of the Uniform
Building Code.
d. Signs erected, maintained, or painted upon trees, rocks or
other natural features.
10. House Boat designed to be used as living quarters with or
without an interior propulsion plant may be located at a
moorage slip approved by the City Engineer. House boats
shall be connected to the City sewer and water system.
House Boats are not permitted in a marina.
11. Live aboards are permitted within an established marina and
shall comply with rules and regulations of that marina.
5.7 "I" INDUSTRIAL DISTRICT
Purpose: The "I" or Industrial District shall provide for those uses of a
light industrial or manufacturing nature which will contribute to the
overall betterment of the community. Uses within this district should be
developed in an attractively planned manner consistent with the
residential integrity of the general area.
A. USE REGULATIONS
1. Permitted Uses:
a. Commercial uses, wholesale and retail.
b. Signs.
c. Express and moving companies.
d. Warehouses.
e. Welding and sheet metal.
f. Paint shops.
g. Parking garages.
h. Similar uses as determined by the building official.
i. Marine oriented commercial uses.
Ordinance No. 1469
Page Twenty -Seven
"Industrial District" - Continued
2. Uses permitted upon issuance of a Special Use Permit:
a. Small manufacturing uses
b. Open Storage Yards
c. Sand, gravel pits, sawmills and batching plants
d. Any use deemed likely to cause a nuisance if not otherwise
controlled, as determined by the building official
e. Wrecking yards, junk or waste material handling plants
f. Lumber and fuel storage; provided that they conform to
special use provisions for open storage yards if
applicable
g. House Boat
B. DEVELOPMENT STANDARDS
1. Lot Area The lot area required for any industrial
establishment shall be not less than ten thousand (10,000)
square feet.
2. Coverage Buildings, including accessory uses, shall cover
not more than fifty (50) percent of the total lot area.
3. Driveways All driveways shall meet the City's specifications
for crossing of drainage ditches and juncture with streets or
alleys.
4. Height No building shall have more than three stories and/or
total height shall not exceed thirty-three (33) feet to the
roof dripline, at any point around the structure measured
from the lowest point of finished grade, unless a fire
protection plan is approved by the Fire Chief.
5. Yards
a. Front yard
1. A building which fronts on a street shall be set back
at least fifty (50) feet.
2. A building which fronts away from or perpendicular to
a street shall set back at least twenty-five (25)
feet.
b. Side yard. Buildings shall be not located within fifteen
(15) feet of any side or rear lot line or within
twenty-five.(25) feet of any residentially -zoned property.
Ordinance No. 1469
Page Twenty -Eight
"Industrial District" - Continued
6. Signs The Uniform Sign Code, as adopted by the City shall
regulate the construction of signs in the City.
a. One square foot of sign face for each lineal foot of lot
frontage. No single sign, however shall exceed two
hundred (200) square feet in area.
b. Height. Freestanding signs shall not exceed thirty-three
feet in height. Roof signs shall not exceed the height of
the ridge line of the roof on which they are located.
7. Prohibited signs The following signs are prohibited:
a. Signs which interfere with the view of traffic signs,
signals or devices, and approaching or merging traffic.
b. Signs which are distracting, such as those with
concentrated light sources or reflecting surfaces of such
intensity or glare that they may create a safety hazard.
c. Signs which are structurally unsafe, or improperly
maintained, or otherwise in violation of the Uniform
Building Code.
d. Signs erected, maintained, or painted upon trees, rocks or
other natural features.
8. Off-street parking Spaces shall be located on the same lot
as the use or within one hundred (100) feet of such use.
Each space shall be 9' X 20' in size and be surfaced with
either asphalt, concrete or gravel. Required off-street
parking spaces shall occupy not more than fifty (50) percent
of the required front yard area.
9. Off-street loading space Each commercial building shall
provide unloading space of the minimum dimensions of ten (10)
feet wide and forty-five (45) feet long by fourteen (14) feet
high for larger trucks.
10. House Boat A house boat designed to be used as living
quarters with or without an interior propulsion plant may be
located at a moorage slip approved by the City Engineer.
House boats shall be connected to the City sewer and water
system.
Ordinance No. 1469
Page Twenty -Nine
5.8 "PP" PUBLIC PROPERTIES DISTRICT
Purpose: To identify and to designate all properties owned and used by
the general public within the City of Port Orchard. All lands hereafter
used for public use shall be considered as zoned public property. If the
use of the property is no longer classified as a public use, it will
revert to the land use classification nearest to that land use
classification enjoyed before this new district classification was
adopted, pending study, public hearing and specific classification.
Ordinance No. 1469
Page Thirty
NOTE: Page Thirty omitted intentionally to leave
room for future districts.
Ordinance No. 1469
Page Thirty -One
CHAPTER SIX
SPECIAL USE PERMITS
6.1 SPECIAL USE PERMITS
Purpose: Although not specifically acknowledged as permitted use, there
are some uses of land which, if developed in a proper manner can be
considered compatible within their environment. By requiring a permit for
these uses, the commission is provided the means to more carefully control
the character of development and impact on surrounding properties.
A. GENERAL REQUIREMENTS: In recommending approval of a Special
Use Permit, the Commission shall find as follows:
1. That the use applied for is a proper one for which a Permit
is authorized by this Ordinance.
2. That the said use is necessary or desirable for the
development of the community, is in harmony with the various
elements or objectives of the Comprehensive Plan, and is not
detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be
located.
3. That the site for the intended use is adequate in size and
shape to accommodate said use.
4. That the conditions stated in the decision and shown on the
approved site plan are deemed necessary to protect the public
health, safety and general welfare and may include minor
modification of the zones property development standards.
Such conditions may include but are not limited to:
a. Duration of use.
b. Time period within which the proposed use shall be
developed.
c. Regulation of time for certain activities.
d. Special yards, spaces and buffers.
e. Fences and walls.
f. Surfacing of parking area.
g. Regulations of points of vehicular ingress and egress.
Ordinance No. 1469
Page Thirty -Two
"Special Use Permits" - Continued
h. Requiring landscaping and maintenance thereof.
i. Requiring maintenance of the grounds.
j. Regulation of noise, vibration, odors, etc.
k. And such other conditions as will make possible the
development of the City in an orderly and efficient
manner and in conformity with the intent and purposes set
forth in this Ordinance.
B. PROCEDURES
a. Application Two (2) original copies of the application
shall be made on forms furnished by the Planning
Department and shall be full and complete, including such
data as may be prescribed to assist in determining the
validity of the request. Each application shall be
signed by the owner of record or the property or his
authorized agent. Incomplete or inaccurate applications
may be deemed grounds for automatic denial.
b. Drawings A site plan, landscaping plan, and elevation
drawing of proposed structures shall be submitted as a
part of any application.
C. Property owners list A list of property owners and their
address within three hundred (300) feet of the exterior
boundaries of the subject property shall be obtained from
the Kitsap County Assessor.
Fee When the application is filed a uniform fee, as
established herein, shall be paid by the applicant.
2. Planning Commission Public Hearing
Upon the acceptance of a complete application, the
Planning Commission shall give proper notice and hold
public hearing at the time and a date set forth in the
notice.
Notice of the hearing shall be published once in a
newspaper of general circulation within the City, not
less than ten (10) nor more than thirty (30) days prior
to the hearing date. The notice shall include the name
of the applicant, a legal description of the property,
the present zoning classification the present use and the
intended use, in addition to the time, date and place for
the hearing. Notice shall also be mailed in similar form
"Special Use Permits - Continued
to all owners of record of
hundred (300) feet of the
subject property, not less
hearing date.
Ordinance No. 1469
Page Thirty -Three
the properties within three
exterior boundaries of the
than ten (10) days prior to the
At the public hearing the Commission shall consider the
facts of the proposal, facts pertaining to the subject
property or to properties adjacent to or in the vicinity
thereof. The Commission shall evaluate the proposal for
the purpose of determining if it is in furtherance of the
health, safety, morals and general welfare of the
community. Any hearing may be continued at the discretion
of the Commission.
Not later than thirty (30) days following the conclusion
of the hearing, the Commission shall make written
recommendation to the Council and file the same with the
City Clerk. The Planning Commission may recommend
approval, conditional approval, or disapproval of the
petition.
A written report of the Commission's decision shall be
mailed to the petitioner at the address shown on his
petition within seven (7) days following the decision.
d. All actions involving a Special Use Permit petition shall
require final action by the Council.
Appeal. Any aggrieved person may file notice of appeal of
the Planning Commission's recommendation to the Council
with the City Clerk within seven (7) days of the
announcement of the Commission's decision. Upon receiving
notice of appeal the Council shall set a date for public
hearing and notice of time and place of such hearing shall
be given in the same manner as set out for the initial
hearings before the Planning Commission. following the
hearing the Council may approve, conditionally approve, or
deny the proposal, and in so doing may affirm, modify or
disaffirm any recommendation of the Commission.
3. Council Public Hearing
A public hearing date shall be set by the City Clerk for
not more than thirty (30) days after the filing of the
Commission's recommendation with the Council and hold a
public hearing at the time and date as set.
The Council, within thirty (30) days after the conclusion
of the public hearing shall take action on the petition.
The action shall be one of the following:
Ordinance No. 1469
Page Thirty -Four
"Special Use Permits" - Continued
1) Approval of petition as submitted.
2) Approval of petition with conditions.
3) Disapproval of petition.
and in so doing may affirm, modify or disaffirm any
recommendation of the Commission.
c. For all actions involving approval of the Special Use
Permit petition a resolution shall be drawn up setting
forth the findings of fact and conditions of approval.
The decision of the Council shall be final and shall be
filed with the City Clerk and with the County Auditor.
d. Notification of the Council action shall be mailed to the
petitioner at the address shown on the petition.
4. APPEAL The decision of the City Council shall be final and
conclusive unless within thirty (30) days from the date of
said action the original applicant or an aggrieved party
files an appeal to the Superior Court for a Writ of
Certioriari, a Writ of Prohibition, or a Writ of Mandamus.
The filing of such appeal within such time shall stay the
effective date of the order of the City Council until such
time as the appeal shall have been adjudicated or withdrawn.
5. TIME LIMIT FOR DEVELOPMENT The time limit for commencement
of construction under a Special Use Permit shall be one
hundred eighty (180) days from the effective date of
approval.
If the time limit for development expires and development has
not commenced, or the use permitted by the permit does not
exist, the permit shall be considered void. No notice need
be given nor hearing held.
An extension of said time limit may be granted by the Council
upon a written request by the applicant showing a
demonstration of just cause. The Council will consider a
request for an extension only if the request is made prior to
the expiration of the time limit for development.
6. TERMINATION OF USE Termination or abandonment of a use
granted herein for a period of (1) calendar year shall
terminate the use rights granted. No notice need be given
nor hearing held.
Ordinance No. 1469
Page Thirty -Five
"Special Use Permits" - Continued
7. NONCOMPLIANCE:
a. The Council, with or without a recommendation from the
Commission, may, after notice and public hearing, revoke
any Special Use Permit for noncompliance with any of the
conditions set forth in granting said permit.
b. Notice shall be mailed to the owner of record of the
subject property and/or his authorized agent not less than
ten (10) days prior to giving public notice. Said notice
shall state the complaint and shall request appearance by
said owner or authorized agent at the time and place
specified for the hearing to show cause why the permit
should not be revoked.
c. Notice of the public hearing shall be published at least
once in a newspaper of general circulation in the City not
less than ten (10) nor more than twenty-five (25) days
prior to the hearing date and shall include a description
of the complaint.
d. Within twenty one (21) days after the public hearing, the
Council shall by resolution revoke the permit. The
decision of the Council shall be final and shall be filed
with the City Clerk and the County Auditor. After
revocation, the subject property shall conform to all
regulations of the zone in which it is located.
8. REAPPLICATIONS No person shall reapply for a similar permit
on the same land, building or structure within a period of
six (6) months from the date of the final decision on such
previous application.
9. SPECIFIC CONDITIONS:
a. Neighborhood Commercial Uses listed as special uses in
residential districts may be permitted providing that they
comply with the following provisions in addition to
applicable district regulations and any other conditions
imposed by the Commission or Council.
Ordinance No. 1469
Page Thirty -Six
"Special Use Permits" - Continued
1) Location The site shall be located only on a major or
secondary road as designated in the adopted
Comprehensive General Plan.
2) Site Characteristics The site shall have:
a) A minimum lot area of 10,000 square feet for each
commercial establishment.
b) A minimum road frontage width of 60 feet.
Existing buildings where no exterior changes are
to be made may be exempt from a) and/or b).
3) Screening All commercial establishments shall be
effectively screened from adjoining residential
properties through the use of fencing or planting.
4) Lighting No exterior lighting emitted by a commercial
establishment shall be permitted to reflect on
adjoining residential properties.
b. Group Homes shall comply with the following provisions in
addition to applicable district regulations and other
conditions imposed by the Commission or Council:
1) be licensed by the State of Washington.
2) do not overcrowd the building in which the facility is
housed.
3) do not cluster in large numbers in the same neighborhood
(creating a de facto social service district).
c. Home of Adjustment shall comply with the following provisions
in addition to applicable district regulations and other
conditions imposed by the Commission or Council:
1) be licensed by the State of Washington.
2) shall not be located within a two block radius of an
existing group home.
d. Service Stations shall comply with the following provisions
in addition to applicable district regulations and other
conditions imposed by the Commission or Council:
1) Location Service stations shall not adjoin an existing
residential use at the time of their establishment.
Ordinance No. 1469
Page Thirty -Seven
"Special Use Permits" - Continued
2) Site characteristics The minimum lot area of any service
station site shall be fifteen thousand (15,000) square
feet, with a minimum lot width of one hundred and fifty
(150) feet. The site shall have a minimum of one hundred
and fifty (150) feet of lot frontage.
3) Rental Trailers Rental trailers, not exceeding ten (10)
in number, may be stored only in the "CG" district,
provided they are screened from the view of adjacent
properties.
4) Walls A solid masonry wall or screen planting six (6)
feet in height shall be placed on all interior property
lines; said wall to be reduced to three (3) feet in height
within any required yard set back area.
5) Landscaping The entire ground area shall be paved or
landscaped.
6) Lighting Light shall not reflect on adjoining properties.
7) Outside Operation Operations outside permanent structures
shall be limited to the dispensing of gasoline, oil,
water, changing tires, and attaching and detaching
trailers. There shall be no outside storage or display
of tires, banners, or devices.
8) Noise Noise shall be muffled so as not to become
objectionable due to intermittence, beat frequency, or
shrillness.
e. Mobile Home Parks shall comply with the following provisions
in addition to the applicable district regulations and other
conditions imposed by the Commission or Council:
1) Site Characteristics A minimum site area of 40,000 square
feet shall be required, with an average of 5,000 square
feet provided per mobile unit (maximum density = 8 units
per acre). No single lot shall be less than 3,000 square
feet.
2) Open Space At least twenty-five (25) percent of the total
mobile park site shall be developed in common open space,
suitable and accessible for park and recreational
purposes.
3) Screening Mobile home parks shall be effectively screened
from surrounding uses by the use of peripheral fencing,
six (6) feet in height.
Ordinance No. 1469
Page Thirty -Eight
"Special Use Permits" - Continued
4) Lot and Yard Requirements No single lot shall have a
width of less than thirty (30) feet or a depth of less
than seventy (70) feet. Front yards shall have a depth of
not less than twenty (20) feet and side and rear yards
shall have a depth of not less than seven (7) feet.
Open Storage Yards shall comply with the following
provisions, except as modified by the Commission or Council
upon good cause shown, in addition to applicable district
regulations and other conditions imposed by the Commission or
Council:
1) Location The minimum distance from an open storage yard
to any residential district, school, park, playground,
church or similar use shall be one thousand (1,000) feet.
2) Site Characteristics The minimum site area for open
storage yards shall be one (1) acre.
3) Screening The minimum of an 8' high fence or 20' wide
green belt.
Sawmills, Sand Pits, Gravel Pits and Batching Plants shall
comply with the following provisions in addition to
applicable district regulations and other conditions imposed
by the Commission or Council:
1) Location The minimum distance from such use to any
residential district shall be two thousand (2,000) feet.
2) Site Characteristics The minimum site area for such use
shall be five (5) acres.
3) Operations Removal of minerals pursuant to this section
shall be conducted so as to limit the emanation of smoke,
dust and noise. All roads from the site to any public
street or highway shall be paved with suitable asphaltic
material on a prepared base as per specification of the
City Engineer to a width of twenty-eight (28) feet to
prevent the emanation of dust. No rock or mineral
crushing or treatment of mineral be permitted.
4) Termination Upon termination of operation for a period of
six (6) months this permit shall be void and all
structures and equipment shall be removed. All
excavations as well as mounds of waste material which may
be seen from any public street or highway shall be graded
and the premise shall be restored as near as possible to
original conditions and contours.
Ordinance No. 1469
Page Thirty -Nine
"SPECIAL USE PERMITS" - Continued
5) Compliance To guarantee compliance with conditions set
forth, the operator shall post and maintain with the City
a performance bond as established by the City Engineer,
conditioned that the City may enter and restore the
premises and recover all its costs. All operations shall
also be covered by public liability and property damage
insurance as required by the City.
CHAPTER SEVEN
7.1 VARIANCES
Ordinance No. 1469
Page Forty
Purpose: Where practical difficulties, unnecessary hardships, or results
inconsistent with the general intent of this Ordinance would occur from
its strict literal interpretation and enforcement, a variance may be
granted authorizing, upon such terms and conditions as are deemed
necessary, such relief therefrom as may be in harmony with the general
purposes and intent of the Ordinance and Comprehensive Plan so that the
spirit shall be observed, public safety and welfare secured, and
substantial justice done. A variance shall not be granted for a use not
permitted in the zone by this Ordinance.
A. GENERAL REQUIREMENTS The Planning Commission before it may
grant a variance, shall make a a finding that in the evidence
presented, all four (4) of the following conditions exist in
reference to the property being considered.
1. Because of special circumstances applicable to subject
property, including size, shape, topography, location, or
surroundings, the strict application of the ordinance would
deprive the subject property of privileges enjoyed by other
properties in the vicinity and under identical zone
classification.
2. That the granting of the variance will assure consistency
with the limitations upon other properties in the vicinity
and zone in which the subject property is situated.
3. The granting of the variance will not be detrimental to the
public health, safety, or welfare or injurious to property
and improvements in the same vicinity and zone in which
subject property is situated.
4. The granting of such variance will be in conformance with the
objectives of the Comprehensive Plan.
B. PROCEDURES
1. Application Application for a variance shall be made to the
Planning Commission in writing on a form provided by the
office of the Building and Planning Departments and shall set
forth in detail the reasons for the requested variance,
indicating how the requirements set forth above are
satisfied, and shall provide such other information as may be
prescribed by the Commission to assist in determining the
validity of the request. The application shall be signed and
verified before a Notary Public by the owner of record of the
property or his authorized agent; and the date of
verification shall be noted on the application. An
Ordinance No. 1469
Page Forty -One
"Variances" - Continued
incomplete or inaccurate application may be deemed grounds
for denial. Applications shall be filed by the property
owner, lessee, or agent of any of the foregoing duly
authorized in writing.
2. Property Owners List A list of property owners and their
addresses within three hundred (300) feet of the perimeter of
subject parcel shall be furnished by the applicant. Such
list shall be obtained from the County Assessor of Kitsap
County.
3. Filing Fee When the application for a variance is filed, a
fee as determined by this ordinance1088 or its successor
shall be paid, for the purpose of defraying the costs
incidental to the proceedings.
4. Commission Public Hearing
a. The hearing date shall be set by the Commission for not
less than ten (10) nor more than sixty (60) days after
the filing of the verified applications.
b. Notice shall be published at least once in a newspaper of
general circulation in the City not less than ten (10)
days nor more than thirty (30) days before the hearing
date. Notice of public hearing shall contain the time
and the location of the subject property and nature of
the variance requested and the zone in which the property
is situated, Notice in similar form shall also be
mailed, not less than ten (10) days before the hearing
date to owners of property within the prescribed radius
of the subject property.
c. The Commission shall, not less than ten (10) nor more
than thirty (30) days after the publication and the
mailing of the legal notice of the public hearing on a
variance application, hold said public hearing.
d. The Commission shall announce and record with the City
Clerk its decision within thirty (30) days after the
conclusion of the hearing. Said decision shall be for
approval with the stated conditions, if imposed; or shall
be for denial and shall set forth findings in support of
the decision. For approval the conditions prescribed in
Section A shall be found.
e. In approving a variance the Commission may set forth in
its decision, reasonable conditions which shall assure
the intent and purpose of this Ordinance.
Ordinance No. 1469
Page Forty -Two
"Variances" - Continued
f. Time Limit The terms of a variance granted as provided
by this ordinance shall be implemented within one hundred
and eighty (180) days, or the variance shall be
considered void. The 180 day period shall begin on the
date of filing of the decision with the City Clerk. An
extension of said time limit may be considered by the
Commission and granted by the Commission upon a written
request by the applicant showing a demonstration of just
cause.
g. The decision of the Planning Commission shall be final
and conclusive unless within fifteen (15) days from the
date of said action the original applicant or any
aggrieved party files and appeal with the City Clerk
accompanied by a filing fee as established herein. Upon
receiving notice of appeal the City Clerk shall set a
date for public hearing before the City Council for not
less than ten (10) nor more than sixty (60) days after
the filing of the appeal. The setting of the hearing,
giving notice and conducting the hearing shall be the
same as hereinbefore prescribed for hearing by the
Commission.
h. In the event the Planning Commission's action is
appealed, the decision of the City Council shall be final
and conclusive unless within thirty (30) days from the
date of said action the original applicant or an
aggrieved party files an appeal to the Superior Court for
a Writ of Certioriari, a Writ of Prohibition, or a Writ
of mandamus. The filing of such appeal within such time
shall stay the effective date of the order of the City
Council until such a time as the appeal shall have been
adjudicated or withdrawn.
C. NON-COMPLIANCE
1. The City Council may, after notice and public hearing, revoke
any variance granted for noncompliance with any of the
conditions set forth in granting said variance.
2. Notice shall be mailed to the owner of record or his
authorized agent of the subject property not less than twenty
(20) days prior to giving public notice. Said Notice shall
state the complaint and shall request appearance by said
owner or lessee at the time and place specified for the
hearing to show cause why the variance should not be
revoked. Public notice shall be given in the same manner as
required above for the granting of a variance.
Ordinance No. 1469
Page Forty -Three
"Variances" - Continued
3. Within ten (10) days after the public hearing, the Council
may revoke or modify the variance by resolution. After
revocation, the subject property shall be subject to all
regulations of the zone in which it is located.
4. If the established time limit of one hundred eighty (180)
days expires and construction has not commenced or occupancy
has not taken place nor any extension granted, the variance
shall be considered abandoned and automatically null and
void.
5. Termination of the variance granted herein for a period of
one (1) calendar year shall terminate the variance granted.
No notice need be given nor hearing held.
D. REAPPLICATION No person shall re -apply for a similar variance
on the same land, building or structure within a period of six
(6) months from the date of the final decision on such previous
application.
Ordinance No. 1469
Page Forty -Four
CHAPTER EIGHT
8.1 ADMINISTRATIVE VARIANCES
A. GENERAL REQUIREMENTS The City Engineer shall be the
Administrative Variance Official and shall review and approve or
disapprove applications for Variances from the following listed
setback requirements of this ordinance in Residential Low,
Residential High, Open Space and Greenbelt Districts.
Administrative variances may be granted for variance requested as
follows:
1. Front Yard Setbacks: 10 feet.
2. Side Yard setbacks: 3 feet with a total of 10 feet.
3. Corner Lot Side Yard setbacks: 12 feet.
4. Rear Yard setback: 8 feet.
B. Before an administrative variance may be approved, it shall be
shown that:
1. Because of special circumstances applicable to subject
property, including size, shape, topography, location or
surroundings, the strict application of the ordinance would
deprive the subject property of privileges enjoyed by other
properties in the vicinity and under identical zone
classification.
2. That the granting of the variance will assure consistency
with the limitations upon other properties in the vicinity
and zone in which the subject property is situated.
3. The granting of the variance will not be detrimental to the
public health, safety, or welfare or injurious to property
and improvements in the same vicinity and zone in which
subject property is situated.
4. The granting of such variance will be in conformance with the
objectives of the Comprehensive Plan.
5. That the adjoining property owners do not object to the
proposed variance.
C. Administrative variances having been found to comply with the
above requirements shall be granted ten days after mailing of
notices to adjoining property owners.
Ordinance No. 1469
Page Forty -Five
"Administrative Variances" - Continued
D. Any aggrieved party may appeal the denial or approval of an
Administrative Variance in writing to the Planning Commission
within 15 days of the granting or denying of the Administrative
Variance.
The Planning Commission, before it may grant a variance, shall
make a finding that in the evidence presented, all four (4) of
the following conditions exist in reference to the property being
considered.
1. Because of special circumstances applicable to subject
property, including size, shape, topography, location or
surroundings, the strict application of the ordinance would
deprive the subject property of privileges enjoyed by other
properties in the vicinity and under identical zone
classification.
2. That the granting of the variance will assure consistency
with the limitations upon other properties in the vicinity
and zone in which the subject property is situated.
3. The granting of the variance will not be detrimental to the
public health, safety, or welfare or injurious to property
and improvements in the same vicinity and zone in which
subject property is situated.
4. The granting of such variance will be in conformance with the
objectives of the Comprehensive Plan.
Ordinance No. 1469
Page Forty -Six
CHAPTER NINE
NON-CONFORMANCE
Purpose: Within the districts established by this Ordinance, there may
exist lots, uses of land, and/or structures which were lawful prior to the
adoption of this Ordinance, but which would be prohibited under the terms
of this Ordinance. It is the intent of this chapter to permit these
non -conformities to continue until they are removed, but not to encourage
their survival. It is further the intent of this chapter that
non -conformities shall not be enlarged upon, expanded nor extended, nor be
used as grounds for adding other structures or uses prohibited elsehwere
in the same district.
To avoid undue hardship, nothing in this chapter shall be deemed to
require a change in the plans, construction or designated use of any
building on which actual construction was lawfully begun prior to the
effective date of adoption of this ordinance and chapter and upon which -
actual building construction has been diligently carried on. Actual
construction is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner and
demolition, elimination and removal of an existing structure in connection
with such construction, provided that actual construction work shall be
diligently carried on until the completion of the building involved.
A. NON -CONFORMING LOTS In any residential district,
notwithstanding limitations imposed by other provisions of this
Ordinance, a single family dwelling and customary accessory
buildings may be erected on any single lot of record at the
effective date of adoption or amendment of this Ordinance. 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. Variance from this provision shall
be obtained only through action of the Planning Commission.
If two or more lots or portions of lots with contiguous road
frontage are of single ownership at the time of passage or
amendment of this Ordinance and if all or part of the lots do not
meet the requirements for lot width and area as established by
this Ordinance, the lands involved shall be considered to be an
undivided parcel for the purposes of this Ordinance and no
portion of said parcel shall be used which does not meet the
requirements established by this Ordinance.
Ordinance No. 1469
Page Forty -Seven
"Non -Conformance" - Continued
B. NON -CONFORMING USES OF LAND Where, at the effective date of
adoption or amendment of this Ordinance, lawful use of land
exists that is prohibited under the terms of this Ordinance as
enacted or amended, such use may be continued, so long as it
remains otherwise lawful, subject to the following provisions:
1. No such use shall be enlarged, expanded nor extended to
occupy a greater area of land than it does at the time of the
enactment of this Ordinance.
2. No such use shall be moved in whole or in part to any other
portion of the lot or parcel occupied by such use.
3. If any such use of land ceases for any reason for a period of
more than sixty (60) days, any subsequent use of such land
shall conform to the regulations specified by this ordinance
for the district in which such land is located.
C. NON -CONFORMING USE OF STRUCTURES If a lawful use of a
structure and premises in combination, exists at the effective
date of adoption or amendment of this ordinance that would not be
allowed in the district under the terms of this Ordinance, the
lawful use may be continued so long as it remains otherwise
lawful subject to the following provisions:
1. No existing structure devoted to a use not permitted by this
ordinance in the district in which it is located shall be
enlarged, extended, constructed, reconstructed, moved, or
structurally altered except in changing the use of the
structure to a use permitted in the district in which it is
located.
2. If no structural alterations are made, any non -conforming use
of a structure, or structure and premises, may be changed to
another non -conforming use provided that the Planning
Commission, either by general rule or by making findings in
the specific case, shall find that the proposed use is
equally appropriate or more appropriate to the district than
the existing non -conforming use. In permitting such change,
the Planning Commission may require appropriate conditions
and safeguards in accord with the provisions of this
ordinance.
Ordinance No. 1469
Page Forty -Eight
"Non -Conformance" - Continued
Any structure, or structure and land in combination, in or on
which a non -conforming use is superseded by a permitted use,
shall there -after conform to the regulations for the district
in which such structure is located and the non -conforming use
may not there -after be resumed.
When a non -conforming use of a structure or structure and
premises in combination is discontinued, abandoned, or
vacated for six (6) consecutive months or for eighteen (18)
months during any three year period, 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.
D. NON -CONFORMING OFF-STREET PARKING AND LOADING FACILITIES
Existing buildings whose off-street parking or loading
facilities do not conform to the provisions of this ordinance may
be expanded or facilities added, provided the requirements for
off-street parking and loading space shall have been complied
with for those facilities added or enlarged.
REPAIR AND MAINTENANCE On any building devoted in whole or in
part to any non -conforming use, work may be done on ordinary
repairs, or on repair or replacement of non -bearing walls,
fixtures, wiring or plumbing, provided that the cubical content
of the building as it existed at the time of passage or amendment
of this Ordinance shall not be increased.
CHAPTER TEN
RECLASSIFICATION
A. PROCEDURES
Ordinance No. 1469
Page Forty -Nine
Application The owner of record of any land, or his
authorized agent, desiring a zoning reclassification of
property shall file with the City a petition signed and
acknowledged by him, on forms provided by the City and shall
be full and complete, including such data as may be prescribed
by the City to assist in determining the validity of the
request. Each application shall be signed by the owner of the
land or his authorized agent, Incomplete or inaccurate
applications may be deemed grounds for automatic denial.
Each proposal shall be delineated in sufficient detail so that
the project is clearly defined. Required information shall
include but shall not be limited to:
The legal description of the property.
A complete and detailed written statement of the intended
use of the land.
Scaled drawings of property, site plan, building plan
perspective, traffic circulation plans and any other
plans and drawings deemed necessary for evaluation.
Property Owners List A list of property owners within three
hundred (300) feet of the exterior boundaries of the subject
property and their addresses shall be furnished by the
applicant. Said list shall be obtained from the Kitsap County
Assessor. No application shall be accepted for filing without
the required property owner's list.
3. Planning Commission Public Hearing
Upon the proper filing of a reclassification application,
the Planning Commission shall give proper notice and hold
a public hearing at the time and a date set forth in the
notice.
Notice of the time and place of the hearing shall be
published once in a newspaper of general circulation
within the City, not less than ten (10) nor more than
thirty (30) days prior to the hearing date. The notice
shall include the name of the applicant, a legal
description of the property, the present classification
and the proposed reclassification, in addition to the
time, date and place for the hearing.
"Reclassification" - Continued
Notice shall also
owners of record o
(300) feet of the
property, not less
hearing date.
Ordinance No
Page Fifty
be mailed in similar form, to all
f the properties within three hundred
exterior boundaries of the subject
than ten (10) days prior to the
The commission shall consider the facts of the proposal,
the facts brought out in the hearing and any other
competent facts pertaining to the subject property or to
properties adjacent to or in the vacinity thereof. The
Commission shall evaluate the proposal for the purpose of
determining if it is in furtherance of the health,
safety, morals and general welfare of the community. The
Commission shall make written recommendations to the
Council regarding the reclassification of the property
and file the same with the City Clerk.
e. A written report of the Commission's decision shall be
mailed to the petitioner at the address shown on his
petition within seven (7) days following the decision.
f. Appeal Any interested person may file notice of appeal
of the Planning Commission's recommendation to the
Council with the City Clerk within seven (7) days of the
announcement of the decision. Upon receiving notice of
appeal the Council shall set a date for public hearing
and notice of time and place of such hearing shall be
given in the same manner as set out for the initial
hearings before the Planning Commission. Following the
hearing the Council may grant, modify, or deny the
proposal, and in so doing may affirm, modify or disaffirm
any recommendation of the Commission.
4. Council Public Hearing
A public hearing date shall be set by the City Clerk for
not more than thirty (30) days after the filing of the
Commission' recommendation with the Council and hold a
public hearing at the time and date as set.
The Council, within sixty (60) days after the conclusion
of the public hearing shall take action on the petition.
The action shall be one of the following:
1) approval of petition as submitted.
2) approval of petition with additional conditions.
3) approval of a modified petition.
4) disapproval of petition.
Ordinance No. 1469
Page Fifty -One
"Reclassification" - Continued
For all actions involving approval of the petition, an
ordinance shall be drawn up setting forth the findings of
fact and conditions of approval. The decision shall be
filed with the City Clerk and the County Auditor.
c. If during or following a public hearing, the Council
concludes that the petition as submitted would not be
appropriate, but that a modification or another
classification would be proper, the Council shall notify
the petitioner. The City Council shall re -open the
hearing and readvertise ten (10) days before the next
regular meeting of the City Council the modified petition
in the paper .
d. A petition which has been disapproved by the Council
cannot be resubmitted to the Commission within six (6)
months of the date of disapproval.
e. Notification of the Council action shall be mailed to the
petitioner at the address shown on the petition.
B. SPECIAL CONDITIONS
1. Time Limit A time limit of eighteen (18) months is placed on
all rezones granted as provided by this Ordinance; upon the
expiration of that time, if construction is not substantially
underway, the property shall go back to its prior
classification, provided however, if the land owner within
that period of eighteen (18) months demonstrates to the
satisfaction of the Council that he has in good faith
commenced development of the property as comtemplated by the
rezone, the Council may grant an extension of the time
limit. The time period prescribed in this section shall not
commence to run until the completion of any court challenges
to the rezone. To proceed with development allowed in the
zoning classification, for which the rezone was granted after
the property has been returned to its prior classification or
otherwise rezoned pursuant to this subsection, shall be a
violation of this ordinance.
2. Concomitant Agreement Any application for a rezone of any
property may be subject to the signing of a concomitant
agreement as a condition to the Council's granting the
rezone. The agreement shall serve to neutralize any expected
negative impact of the proposed property use and has as its
purpose the improvement of the area for public good. The
agreement shall include any condition of approval the Council
finds necessary to protect the public health, safety or
general welfare. Whenever such a concomitant agreement is
Ordinance No. 1469
Page Fifty -Two
"Reclassification" - Continued
signed, it shall be filed by the City Clerk with the office
of the Kitsap County Auditor and officially entered as a
covenant upon the land. The applicant may be required to pay
the cost of the preparation of the agreement.
3. Aooeal from Decision of the City Council The decision of the
City Council shall be final and conclusive unless within
thirty (30) days from the date of said action the original
applicant or an aggrieved party files an appeal to the
Superior Court for a Write of Certioriari, a Writ of
Prohibition, or a Writ of Mandamus. The filing of such
appeal within such time shall stay the effective date of the
order of the City Council until such a time as the appeal
shall have been adjudicated or withdrawn.
C. REVOCATION
.1. The Council, with or without a recommendation from the
Commission may, after notice and public hearing, revoke or
modify any rezone for noncompliance with any of the
conditions set forth in granting said permit.
2. Notice shall be mailed to the owner of record of the subject
property and his authorized agent, not less than ten (10)
days prior to giving public notice. Said notice shall state
the complaint and shall request appearance by said owner or
authorized agent at the time and place specified for the
hearing to show cause why the rezone should not be revoked or
modified. Notice of the public hearing shall be published at
least once in a newspaper of general circulation in the City
not less than ten (10) nor more than twenty-five (25) days
prior to the hearing date and shall include a description of
the complaint.
3. Within ten (10) days after the public hearing, the council
shall by ordinance revoke or modify the rezone. After
revocation, the subject property shall conform to all
regulations of the zone in which it is located.
D. REAPPLICATION
No person shall reapply for a similar permit on the same land,
building or structure within a period of six (6) months from the
date of the final decision of such previous application.
Ordinance No. 1469
Page Fifty -Three
CHAPTER ELEVEN
AMENDMENTS
Any amendment, supplement or modification in this ordinance or in the maps
or land use plan or supplement maps can be initiated by motion by the
Council or Commission. To accomplish such change a public hearing shall
be held by the Commission in the manner provided for reclassification,
excepting that only notice by publication in a newspaper of general
circulation with the City shall be required. Following the hearing, the
Commission shall make its recommendation to the Council The Council, upon
receiving the recommendation shall place the subject on a regular meeting
agenda, giving notice of the time, place and subject by one publication in
a newspaper of general circulation within the City. Following hearing the
subject at that regular meeting, the Council may affirm modify or
disaffirm any recommendation of the Commission.
Ordinance No. 1469
Page Fifty -Four
CHAPTER TWELVE
INTERPRETATION AND JURISDICTION
A. JURISDICTION
The provisions and standards contained in the Ordinance shall be
deemed to be minimum standards with which compliance is essential
to the permitted uses, and 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.
PRIOR COVENANTS
It is not intended by this Ordinance to interfere with or
abrogate or annul 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.
CONTINUANCE
Hearing for which notice has been given in accordance with the
provisions herein, may be continued for good cause and verbal
notice to those present of the date, time and place to which such
hearing is continued shall be deemed sufficient notice.
D. APPEAL OF ADMINISTRATIVE DECISION
It shall be the duty of the Planning Commission to rule upon the
proper application of the zoning ordinance or to interpret the
zoning ordinance in case there is error alleged by an aggrieved
party in any order, requirement, permit decision or determination
applying to interpreting the zoning ordinance made by an
administrative official of the City. An aggrieved party shall
file an appeal with the Planning Commission within ten (10) days
of the ruling of the administrative official. The Planning
Commission shall hear the appeal and make findings and
recommendations to the City Council, if any is deemed necessary,
to correct improper application or interpretation of the zoning
ordinance.
Ordinance No. 1469
Page Fifty-five
"Interpretation and Jurisdiction" - Continued
The decision of the City Council shall be final and conclusive
unless within thirty (30) days from the date of said action the
original applicant or an aggrieved party files an appeal to the
Superior Court for a Writ of Certioriari, a Writ of Prohibition, or
a Writ of Mandamus. The filing of such appeal within such time
shall stay the effective date of the order of the City Council until
such a time as the appeal shall have been adjudicated or withdrawn.
CHAPTER FIFTEEN
VIOLATIONS AND PENALTIES
A. VIOLATION
Ordinance No. 1469
Page Fifty -Eight
It shall be unlawful and a violation of this Ordinance and
Qamendments
thereto codified as the Port Orchard Zoning Ordinance
for any person to use or occupy any portion of any premises, any
r
part of which has been constructed, equipped or is used in
y \�
violation of the provisions of the Port Orchard Zoning Ordinance,
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until such lawful use has ceased and such unlawful construction
and equipment has been removed. Any premises which have been
constructed, equipped or used in violation of the Port Orchard
Zoning Ordinance shall be posted with a sign directing the
vacation of the entire premises within ten (10) days from the
date noted thereon. Any person removing such sign without the
permission of the proper authority shall be guilty of a
misdemeanor, and will be subject to the penalties provided in
this ordinance.
PENALTY
Any person, firm or corporation who violates disobeys, omits,
neglects or refuses to comply with or who resists the enforcement
of any of the provisions of the Port Orchard Zoning Ordinance
shall be deemed guilty of a misdemeanor and shall be fined in any
sum not more than five hundred ($500.00) dollars, or imprisonment
in the City jail for a term not to exceed ninety (90) days, or by
both such fine and imprisonment, for each offense. Each ten (10)
days that a violation is permitted to exists shall constitute a
separate offense.
Ordinance No. 1469
Page Fifty -Six
CHAPTER THIRTEEN
A. FEE SCHEDULE The fees established for applications herein
shall be as follows for the purposes of defraying the costs
incidental to the proceedings:
1. Special Use Permits A uniform application fee of $150.00
shall be paid by the applicant.
2. Variance Applications A Uniform application fee of $100.00
shall be paid by the applicant.
3. Reclassification A Uniform fee of $250.00 shall be paid by
the applicant and shall accompany the petition. In the event
a modified or revised petition is filed by the applicant, a
fee of $50.00 shall be paid by the applicant. For projects
with an estimated finished project cost in excess of
$500,000.00, the City Engineer may at his discretion
establish a higher fee as needed for the purpose of defraying
the costs to the City of Port Orchard incidental to such
project.
4. Apoeals A uniform fee of $50.00 shall be paid by the
applicant.
5. If an Environmental Impact Statement is required, the fee to
process the Environmental Impact Statement shall be $300.00.
Ordinance No. 1469
Page Fifty -Seven
CHAPTER FOURTEEN
VALIDITY
If any section, paragraph, subsection, clause or phrase of this Ordinance
is for any reason held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this resolution.
A. ENFORCEMENT
It shall be the duty of the City Engineer to see this Ordinance
and amendments thereto codified as the Port Orchard Zoning
Ordinance enforced through proper legal channels. No permit for
the construction or alteration of any building or part thereof
shall be issued unless the plans, specifications and intended use
r of such building conform in all respects to the Port Orchard
Zoning Ordinance.
Ordinance No. 1469
Page Fifty -Nine
CHAPTER SIXTEEN
4:01:111TA-39411M
In the event that any portion or section of this ordinance be declared
unconstitutional or invalid by any court of competent jurisdiction, the
remainder of the ordinance shall not be affected and shall remain in full
force and effect.
Ordinance No. 1469
Page Sixty
CHAPTER SEVENTEEN
OFF-STREET PARKING REQUIREMENTS
A. SIZE AND ACCESS
Up to 20 % of parking requirements may be sized for compact
cars. The minimum size of compact stall shall be 8' X 16'. The
balance of the required number of stalls shall be not less than
9' X 20', measured at 90 degree angle related to each other.
Minimum width of traffic aisles for two (2) way circulation shall
be twenty (20) feet. Minimum width of traffic aisles for one way
(1) circulation shall be ten (10) feet. If required parking
space for one or two-family dwelling is not provided in a covered
garage, then such space shall be not less than 400 square feet
per dwelling unit and shall be so located and/or constructed that
it may later be covered by a garage structure in accordance with
the provisions of this Ordinance and the City Building Code.
EXPANSION AND ENLARGEMENTS
Whenever any building is enlarged in height or in ground
coverage, off-street parking shall be provided for said expansion
or enlargement in accordance with the requirements of the
schedule; provided, however, that no parking space need be
provided in the case of enlargement or expansion where the number
of parking spaces required for such expansion or enlargement
since the effective date of this Ordinance is less than 10% of
the parking spaces specified in the schedule for the building.
Nothing in this provision shall be construed to require
off-street parking for the portion of such building existing at
the time of passage of this ordinance. (Exception) This rule
shall not apply in the event the Building Classification is
changed as determined by the Uniform Building Code.
C. CONDITIONS REQUIRED FOR JOINT USE
The building or use for which application is being made to
utilize the off-street parking facilities provided by another
building or use, shall be located within 600 feet of such
parking facilities.
The applicant shall show that there is no substantial
conflict in the principal operating hours of the two
buildings or uses for which joint use of off-street parking
facilities is proposed.
A properly drawn legal instrument, recorded with the County
Auditor, executed by the parties concerned for joint use of
Ordinance No. 1469
Page Sixty -One
"Off -Street Parking Requirements" - Continued
off-street parking facilties, approved as to form and manner
of execution by the City Attorney shall be filed with the
Building Official granting the users the right to off -Street
parking facilities to the individual user or his assignee
approved by the other party. Hoever, the right to occupancy
of the premises for which the off-street parking facilities
are maintained shall only be commensurate with the period of
time in which said parking facilities are available.
D. TABLE OF MINIMUM STANDARDS
Required parking spaces (where alternative standards prevail, the
greater applies in conflicting computations) as follows:
1. Auto courts, motel, hotels: One (1) for each sleeping room.
2. Banks, business and professional offices with on site
customer service: One (1) for each 400 square foot of gross
floor area.
3. Bowling Alleys: Six (6) for each alley.
4. Churches, auditoriums and similar enclosed places of
assembly: One (1) for each six (6) seats and/or one (1) for
each fifty (50) square feet of floor area for assembly not
containing fixed seats.
5. Dance Halls: One (1) for each fifty (50) square feet or
gross floor area.
6. Food and beverage places with sale and consumption on
premises: If less than 4,000 square feet floor area; one (1)
for each 200 square feet of gross floor area. If over 4,000
square feet floor area; twenty (20) plus one (1) for each 100
square feet of gross floor area in excess of 4,000 square
feet.
7. Furniture, appliance, hardware, clothing, shoe, personal
service stores: One (1) for each 600 square feet of gross
floor area.
8. Hospitals and institutions: One (1) for each four (4) beds.
9. Libraries, classrooms: One (1) for each 250 square feet of
gross floor space.
Ordinance No. 1469
Sixty -Two
"Off -Street Parking Requirements" - Continued
10. Manufacturing uses, research, testing, processing assembly,
all industries: One (1) for each two (2) employees on the
minimum working shift, and not less than one (1) for each 800
square feet of gross floor area.
11. Medical and dental clinic: One (1) for each 300 square feet
of gross floor area.
12. Mortuaries, funeral homes: One (1) for each 75 square feet
of floor space used for assembly.
13. Ventilating, building supplies, stores and services: One (1)
for each 1,000 square feet of gross floor area, exclusive of
displays, or one (1) for each three (3) employees, which ever
is greater.
14. Offices not providing customer service on premises: One (1)
for each four (4) employees or one (1) for each 800 square
feet of gross floor area, which ever is greater.
15. Residential structures: two (2) for each dwelling unit.
16. Retail stores with less than 5,000 square feet floor area:
One (1) per each 300 square feet floor area. Retail stores
between 5,000 and 20,000 square feet floor area: Seventeen
(17) plus one (1) per each 300 squarefeet in excess of
5,000.
17. Rooming houses, lodging homes, similar uses: One (1) for
each sleeping room.
18. Stadiums, sports arenas, and similar open assemblies: One
(1) for each eight (8) seats and/or one (1) for each 100
square feet of assembly space without fixed seats.
19. Theaters: One (1) for each four (4) seats, except one (1)
for each eight seats in excess of 800 seats.
20. Transportation terminal: By Planning Commission review and
determination by the City Council based upon needs.
21. Warehouses, storage and wholesale business: One (1) for each
two (2) employees, or one (1) for each 400 square feet of
gross floor area, which ever is greater.
22. Uses Not Specified. In the case of a use not specifically
mentioned in parts above, the requirements for off-street
parking facilities shall be reviewed by the Planning
Commission and determined by the City Council. Such
determination shall be based upon the requirement for the
most comparable use listed.
Ordinance No. 1469
Page Sixty -Three
CHAPTER EIGHTEEN
*Additional information*
HOME OCCUPATIONS
Home Occupations shall comply with the following provisions in addition to
applicable district regulations.
A. NATURE OF ACTIVITY
The occupational activity shall remain incidental to the
residential nature of the dwelling and shall not involve the
employ of those not residing in the dwelling itself.
B. EXTERNAL APPEARANCE
No external indication of the operation shall exist except for
the permitted sign as stipulated in the district regulations.
C. PARKING REQUIREMENTS
There shall not be an increase in the parking requirements of the
structure. No home occupation shall be allowed to exist that
creates an impact upon the existing transportation systems or
increase in traffic hazards.
D. No home occupation shall be allowd to exist that creates a
greater degree of life safety than is normally experienced in a
private dwelling.
E. Smoke detectors shall be installed in all applicable locations as
directed by the Fire Marshal.
F. Business registration will be required by City at no charge.
Ordinance No.
Page Sixty -Four
PASSED by the City Council of the City of Port Orchard, SIGNED by
the Mayor and attested by the Clerk in authentication of such passage this
13th day of November, 1989.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Hower, Cit Clerk
APPROVED AS TO FORM:
City A rney
Sponsored by:
� /.
ouncilman Geiger
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port
Orchard City Council at their regular Council meeting held
November 13, 1989.
ORDINANCE NO. 1469
AN ORDINANCE OF THE CITY OF PORT ORCHARD
WASHINGTON REPEALING ORDINANCE NUMBERS 899, 986,
987, 988, 1163, 1194, 1214, 1302, 1312, 1323,
1351, 1367 AND 1393 ESTABLISHING LAND USE
CLASSIFICATION AND DISTRICTS IN THE CITY OF PORT
ORCHARD; ADOPTING A MAP DIVIDING THE CITY INTO
SUCH DISTRICTS AND PROVIDING FOR SECTIONAL
DISTRICT MAPS SHOWING CLASSIFIED USE DISTRICTS;
ADOPTING STANDARDS AND REGULATIONS REGULATING THE
USE OF LAND THEREIN AND THE LOCATION, USE AND
DESIGN OF BUILDINGS AND STRUCTURES.
The full text of the above listed Ordinance will be mailed upon
request and is available at City Hall, 216 Prospect Street,
Port Orchard, Washington 98366.
City of -,Port Orchard
Patricia Hower
City Clerk
Publish: Port Orchard Independent
November 22, 1989