1351 - Ordinance - Amending Ordinance No. 1163 Comprehensive ZoningORDINANCE NO. 1351 ✓
AN ORDINANCE OF THE CITY OF PORT ORCHARD
AMENDING ORDINANCE NO. 1163; SECTION 4,
SECTION 7, SECTION 11 AND ORDINANCE NO.
899; CHAPTER 4, 4(RL), 4(RH), KNOWN AS
THE CITY OF PORT ORCHARD COMPREHENSIVE
ZONING ORDINANCE.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
i30- "10 SECTION 1. Section 4, Ordinance No. 1163 and
hapter 3,'Ordinance No. 899 - DEFINITIONS are amended to
read as follows:
Except where specifically def-sned 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.
Ordinance No. 1.351
Page Two
Concomitant Agreement. A contract duly executed
and legally binding between the City and the
property owner that is made in conjunction, with
Council action.
Court. 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 z-,erlants) aa'o
need not be related by blood or marriage 'iving
together in a dwelling unit.
Guest Room. Any room or rooms used or intended to
be used by a guest for sleeping purposes.
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.
Ordinance No. 1351
Page Three
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.
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 otherw-lse. A
lodging house shall comply with all th
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.
b) Width of a rectangular lot shall be
considered to be the dimension between its twc
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 s'(,lleat.
Lot Types.
a) Corner lots are lots ws}ich are locaied 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).
Ordinance No. 1351
Page Four
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 wii be r:ioved
from time to time at the convenient. of he owner.
For purposes of this Ordinance, mob -;le 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.
Non -Conforming Use. A use which was laiif y
established and continuously maintained, but r4iich
does not conform to the regulaticr:s oF ti:e 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 as 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 :,rater,
used as a landing place for marine transport or
for recreational purposes.
Ordinance No. 1351
Page Five
Principal use. The primary use for a lot,
structure or building, or the major portion
thereof, as designated or actually u,ed.
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 buiidio(,is 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.
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 strz: t widti;
shall be considered the distance between its
right-of-way lines.
Ordinance: 1351
Page Six
Structural Alteration. Any change to the
supporting members of the building or stricture
including foundations, bearing walls, r.e„mns,
beams or girders.
Structure. That which is built or constructed, an
edifice or building of any 'rind, 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, sidem;a'iks, lamp posts, open
patios, retaining walls, entrance steps, fences
and landscaping unless specifically otherwise
provided.
Yard Types.
a) Front yards extend between sire
across the front of a %ot ad_iCi, t;1Ii„
street.
b) Side yards extend from the rear lire 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 lets and corner lots, there
will be no rear yards, but only front and side
yards.
SECTION 2. Section, ?, Ordinance No. 1163 and
Chapter 4, Ordinance No. 899 - LOW DENSITY RESIDENTIAL
DISTRICT are amended to read as follows:
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
So'
ft
per unit
c)
Multiple -family dwellings
8,00^
f;c+.
ft.
d)
Mobile home park space
',COG
31
r't.
Ordinance �:. 1351
Page Savers
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 of drainage
ditches and juncture with streets or alleys.
4. Height. Buildings shall not exceed
thirty-three (33) feet to the roof dripline,
measured from any point around the building.
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:
a) Front yard depth: 25 Ft..
b) Side yard depth: 5 Ft. total,
clot idS`: that 5
c) Corner lot side yard: 15 Ft. Facing
str eet
d) 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'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. See appendix
number of spaces required)
8. 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 folloc-;ina
specifications:
USE
Home Occupations
Non -Commercial Signs
Real Estate Signs
Multi -family dwellings,
churches, schools, public
buildings or mobile home
parks
Commercial Uses
r aLj'P ?'y to
MAXIMUM —SIZE
4 Square feet
4 Square feet
4 Square feet
10 Square feet
One (1) square
foot of sign
face for every
lineal foot of
lot frontage
with nc single
sign exceediPig
5C, square feet
9. Prohibited Sig=,__, The follo,jing s a;;:
prohibited:
a) Signs which interfere with: '.... ter; t�f
traffic signs ', signals or, .ices, 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. Mobile Home Parks. A':1 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 mini;aum mobile
home space size shall be 3500 square fec^t.
The conditions specified in the mobile hc:-oe
park ordinance shall supercede the '=.veloor,eni
standards of there Comprehensive Za:i;ci
Ordinance if recommended by tf:e C, _ ;gaee
Ordinance No. 1351
Page Nine
SECTION 3. Section 11, Ordinance No. 1163 and
Chapter 4, Ordinance No. 899 - HIGH DENSITY RESIDENTIAL
DISTRICT are amended as follows:
1. Lot Area. The lot area required for each use
shall not be less khan the following:
a) Single-family dwelling 5,400 So. Ft.
b) Two-family dwellings 4,500 Sq. Ft.
per unit
c) Multiple -family dwellings 4,000 Sq. Ft.
per unit
d) Mobile Home Park space 3,500 Sq. Ft.
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.
5. Mobile Home. For the purpose of this
ordinance the use of a mobile home as a
single-family residence may be consid•;red a
permitted use as long as its instai"`ation
causes it to fit within the definition of a
single-family residence.
6. Yards. Each lot shall have front, rear and
side _yards with depth or widths of not less
than the following:
a) front yard depth 25 feet
b) Side yard depth 15 ft. total,
not less than 5
c) Corner lot side ,yard 15 ft. facing
street
d) Rear yard 10 feet
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'x2O' 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. (See
appendix number of spaces required)
Ordinance No. 1351
Page Ten
8. 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:
Home Occupations
4 Square feet
Non -Commercial Signs
4 Square feet
Real Estate Signs
4 Square feet
Multi -family dwellings,
churches, school,
public buildings, or
mobile home parks
10 Square feet
Commercial uses
one (1) square
foot of sing
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 safetv
hazard.
c) Signs which are structurally unsa'e, or
improperly maintained, or otherwise) in
violation of the Uniform Building
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. Conditions specified in the mobile
home park ordinance shall supercede the
development standards of the Comprehensive
Zoning Ordinance if recommended by the City
Engineer.
Ordinance No. 1351
Page Eleven
SECTION 4. 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 and signed by the Mayor and attested by the Clerk in
authentication of such passage this 28th day of July, I986.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Hower; City Clerk
APPROVED AS TO FORM:
ty Attorney