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1393 - Ordinance - Zoning OrdinanceORDINANCE NO. 1393 AN ORDINANCE OF THE CITY OF PORT ORCHARD AMENDING ORDINANCE NO. 1367, SECTION 3., (DEFINITIONS), SECTION 5,( RESIDENTIAL LOW), SECTION 7, (RESIDENTIAL HIGH), SECTION 8, (MULTIPLE FAMILY DISTRICT), ORDINANCE NO. 1323, SECTION 1, (COMMERCIAL GENERAL DISTRICT), ORDINANCE 1214, SECTION 4, (COMMERCIAL HIGHWAY DISTRICT), ORDINANCE NO. 1163; SECTION 3, (ESTABLISHMENT OF DISTRICTS), SECTION 17 & SECTION 19, (COMMERCIAL GENERAL DISTRICT), SECTION 20, & SECTION 21, (INDUSTRIAL DISTRICT), SECTION 24, (GREEN BELT), DELETES SECTION 22 & 23 (OPEN SPACE DISTRICT); ORDINANCE NO. 988 (DELETING OPEN SPACE DISTRICT); ORDINANCE NO. 987 (GREEN BELT DISTRICT); ORDINANCE NO. 986, CHAPTER 4 (MULTIPLE FAMILY 20 DISTRICT), SUBSECTION A(3); ORDINANCE NO. 899, CHAPTER 4 RESIDENTIAL LOW SUBSECTION A(2), COMMERCIAL HIGHWAY DISTRICT, SUBSECTION A(2), CHAPTER 3 (DEFINITIONS); AND CREATES A NEW PUBLIC PROPERTIES ZONING DISTRICT. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 1163, Section 3 is hereby amended to read as follows: 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 RL Low Density Residential RH High Density Residential MF-20 Multiple Family Residential CH Commercial Highway CG Commercial General I Industrial GB Green Belt PP Public Properties SECTION 2. Ordinance No. 1367, Section 3; Ordinance No. 1351, Section 1; Ordinance No. 1163, Section 4 and Ordinance No. 899 Chapter 3, DEFINITIONS are hereby amended to read as follows: 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. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Aggrieved Rarty. 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 Ordinance No. 1393 Page Two 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. Iteration. 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 exterior 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. Cgurtvard. 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. 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, let 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. Ordinance No. 1393 Page Three Faster 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. Guest Room. Any room or rooms used or intended to be used by a guest for sleeping purposes. Groff Home. A group residence licensed by the State and operated for the purpose of providing family -like demolisher 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. Home for Adjustment:gr 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 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 guest. Howe 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 guest 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 bordering on the street. Ordinance No. 1393 Page Four Lot Measurements. a) Depth of a lot shall be considered to be the dimension between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot line in the rear. 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 street. 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). Mile 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. h(ultiple-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. Ordinance No. 1393 Page Five 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 use exist. 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. Open Space. Land used for outdoor recreation, resource protection, or buffer, including structures incidental to these open space uses but excluding yards required by this Ordinance and land occupied by dwellings. 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. Spgondary Use. An incidental or accessory 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. Sian. 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. 1393 Page Six 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, area, 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 courtyard, 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 other wise 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. SECTION 3. Ordinance No. 1367, Section 5, Ordinance No. 1163, Section 6 and Ordinance No. 899, Chapter 4, Residential Low, Low Density Residential District, Subsection A(2) are hereby amended to read as follows: Ordinance No. 1393 Page Seven 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 SECTION 4. Ordinance No. 1367, Section 7, Ordinance No. 1163, Section 10 and Ordinance No. 899, Chapter 4, Residential High, High Density Residential District, subsection A(2) are hereby amended to read as follows: 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. Institutions such as, but not limited to, children's home and day care centers g. Group home h. Home for adjustment i. Service station j. Clinics k. Lodging house SECTION 5. Ordinance 986 "MF-20" Multiple Family District, Purpose; is hereby amended to read as follows: Purpose: The "MF-20" district establishes high density multiple residential development of 20 units per acre, in urban locations where established public services and facilities are available. SECTION 6. Ordinance No. 1367, Section 8; Ordinance No. 1214, Section 3; Ordinance No. 1163, Section 14; Ordinance 986, "MF-20" Multiple Family District A(3) are hereby amended to read as follows: A. USE REGULATIONS 3. Uses permitted upon the issuance of a Special Use Permit. a. Boarding or rooming house. 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. h. Home for adjustment Ordinance No. 1393 Page Eight SECTION 7. Ordinance No. 1163, Section 15; Ordinance 986, Subsection B(1) are hereby amended to read as follows: 1. Lot Area. The development site or lot shall be not less than 6,534 square feet. SECTION 8. Ordinance No. 899, Chapter 4, "CH" Highway Commercial District, Subsection A(I) is amended to read as follows: 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 SECTION 9. Ordinance 1163, Section 17; and Ordinance No. 899, Chapter 4, I'M' Commercial General District, Subsection A(1) is amended to read as follows: 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 SECTION 10, Ordinance 1163, Section 19; and Ordinance No. 899, Chapter 4, "CG" Commercial General District, Subsection B is amended to read as follows: 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. 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 Ordinance No. 1393 Page Nine 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 of drainage ditches and juncture with streets or alleys. 5. 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. 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 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, 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. 9. Prohibited Sians. 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. 1393 Page Ten 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. SECTION 11. Ordinance 1163, Section 20 A(2) and Ordinance No. 899, Chapter 4, "I" Industrial District, Subsection A(2) is amended to read as follows: A. USE REGULATIONS 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 SECTION 12. Ordinance 1163, Section 21; and Ordinance No. 899, Chapter 4, "I" Industrial District, Subsection B is amended to read as follows: B. DEVELOPMENT STANDARDS 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. Ordinance No. 1393 Page Eleven 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 lot line or within twenty-five (25) feet of any residentially -zoned property. 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. Ordinance No. 1393 Page Twelve 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 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. SECTION 13. Ordinance 1163, Section 22 and Section 23; and Ordinance No. 988 "OS" Open Space District is hereby deleted. SECTION 14. Ordinance 1163, Section 24; and Ordinance No. 987 "GB" Green Belt District is hereby amended to read as follows: "GB" GREEN BELT 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 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 continuous 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. Ordinance No. 1393 Page Thirteen 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. 4. Driveways. All driveways shall meet the City's specifications for crossing of drainage ditches and juncture with streets or alleys. 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: 25 ft. 15 ft. total, not less than 5 ft. 15 ft facing side street (no rear yard) 10 ft. SECTION 15. Creation of a new zoning district to be known as "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. 1393 Page Fourteen SECTION lb, SEVERABILITY. 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. 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 24th day of August, 1987. LESLIE J. WEATHERILL, MAYOR ATTEST: 'Patricia Hower,City Clerk APPROVED AS TO FORM: City Attorney