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1163 - Ordinance - Comprehensive ZoningORDINANCE NO. _11 AN ORDINANCE amending Ordinance No. 899, Ordinance No. 986, Ordinance No. 987 and tV6 "7 Ordinance No. 988 known as the City of Port Orchard Comprehensive Zoning Ordinance. `Or�`dad b4. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, %a1� 9�gZ WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 2 - RULES OF CONSTRUCTION of Ordinance No. 899 is amended to read as follows: 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. 3. 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. 5. 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. 6. 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 -1- 4ed loy Ord. IL 1-7 --/89 ILI18- 3%$ 0 l] I C1 II 1' 1 It it " i y4 g -74 U L la4ro - V?q t, u sS I - 7/8 6 !. 1941 - tbls boundaries. Section 2. Chapter 2 - DISTRICT BOUNDARIES of Ordinance No. 899 is amended to read as follows: 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. 1. 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, designated 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. 2. 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. 3. 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 the area and yard regulations established by this Ordinance or amendments thereto for the Use District in which such building or structure is located. 4. 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 -2- open space for any other building or structure. Section 3. Chapter 2 - ESTABLISHMENT OF DISTRICTS of Ordinance No. 899 is amended to read as follows: ESTABLISHMENT OF DISTRICTS. In order to lassify, 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 OS Open Space GB Green Belt Section 4. Chapter 3 - DEFINITIONS of Ordinance No. 899 is 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 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 -3- 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 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. 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, 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. 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. 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 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. Lot Measurements. a) Depth of a lot shall be considered to be the dimension between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. b) Width of a rectangular lot shall be -5- 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 accomodate five 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 aM. 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 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. Secondary 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 -7- 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. 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. Single -Family Residence. A occupancy by one family and unit. A mobile home may be single-family dwelling unit permanently installed on a for that purpose. building designated for containing one dwelling considered a only after it has been foundation constructed 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. Section 5. Chapter 4 - LOW DENSITY RESIDENTIAL DISTRICT Subsection A(1) of Ordinance No. 899 is amended to read as follows: bi1. Permitted Uses: a. Single-family dwellings w� 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 Section 6. Chapter 4 - LOW DENSITY RESIDENTIAL DISTRICT Subsection A(2) of Ordiance No. 899 is amended to read as follows: 1 62. Uses permitted upon issuance of a Special C I (Jr-4 Use Permit: 13V7 " a. Compatible neighborhood commercial uses such as; grocery, restaurant, barber, etc. mL b. Professional offices C. Branch bank d. Churches e. Mobile home parks f. Day care centers g. Temporary construction buildings h. Temporary tract sales offices i. Service Station Section 7. Chapter 4 - LOW DENSITY RESIDENTIAL DISTRICT Subsection B of Ordinance No. 899 is 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 sq. ft. per unit C. Multiple -family dwellings:8,000 sq. ft. per unit 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 -10- less than the following: a. Front yard depth: 25 ft. b. Side yard depth: 15 ft. total, not less than 5 C. Corner lot side yard: 15 ft. facing street 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' 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. (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 following specifications: USE Home Occupations MAXIMUM SIZE 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 -11- 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. Section 8. Chapter 4 - MEDIUM DENSITY RESIDENTIAL DISTRICT and Subsections A and B of Ordinance No. 899 thereto are hereby repealed. Section 9. Chapter 4 - HIGH DENSITY RESIDENTIAL DISTRICT, Section A(1) of Ordinance No. 899 is hereby amended to read as follows: �fo 1. Permitted Uses. a. Single-family dwellings b. Two-family dwellings C. Multiple -family dwellings d. Mobile homes e. Parks and playgrounds f. Nurseries and greenhouses g. Accessory buildings h. Schools, libraries and public buildings i. Utility substations j. Home occupations Section 10. Chapter 4 - HIGH DENSITY RESIDENTIAL DISTRICT, Section A(2) of Ordinance No. 899 is hereby amended to read as follows: a. Compatible neighborhood commerical uses such as: grocery, drug store, laundry, florists, etc. DiW.5 b. Churches C. Mobile Home parks d. Institutions such as, but not limited to, children's home and daycare centers. e. Temporary construction buildings f. Temporary tract sales offices g. Clinics h. Branch Bank i. Service Station Section 11. Chapter 4 - HIGH DENSITY RESIDENTIAL DISTRICT, Section 3 of Ordinance No. 899 is amended to read as follows: B. DEVELOPMENT STANDARDS 1. Lot Area. The lot area required for each dwelling unit shall be not less than the following: a. Single-family dwellings: 5,400 sq. ft. per unit b. Two-family dwellings: 4,500 sq. ft. per unit C. Multi -family dwellings: 4,000 sq. ft. per unit 2. Coverage. Buildings, including accessory uses, shall not cover more than forty (40) percent of the total lot area. 3. Driveways. All driveways shall meet the City 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. =Igo 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 25 ft. total, not less than 5 ft. C. Corner lot street side yard: 15 ft. 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 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 for specifications) 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 following: USE MAXIMUM SIZE Home occupation, Non- commercial signs, 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 -14- 9. Prohibited signs are prohibited: with no single sign exceeding 50 square feet The following signs 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. Section 12. Ordinance No. 986, Subsection A(1) is hoere1by amended to read as follows: A`�'KO`'��° m�-kermitted Uses. zfl ga 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. Section 13. Ordinance No. 986, Subsection A(2) is hereby repealed. Section 14. Ordinance No. 986, Subsection A(3) is hereby amended to read as follows: Uses Permitted Upon Issuance of a Special Use 3(a1 - b Permit. QJLA . a. Boarding or rooming house. b. Kindergarten, day nursery or day care centers -15- C. Schools including business, technical or music d. Community center, fraternal or lodge building. e. Utility substations f. Churches Section 15. Ordinance No. 986, Subsection B is hereby amended to read as follows: 1. Lot Area. The development site or lot shall be not less than 6,534 square feet. a. Minimum lot width ........ 70 feet b. Minimum lot depth ........ 80 feet C. Maximum lot depth....... 4 times actual width d. Minimum street frontage..30 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 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. Yards. Each lot shall have front, read and side yards with depths or widths of not less than the following: a. Front yard depth .............. 20 feet b. Side yard depth ............... 15 feet total; no less than 5 ft. -16- C. Corner lot street side yard....15 feet d. 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. (See appendix for specifications) 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 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. 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 -17- features. Section 16. Chapter 4 - COMMERCIAL HIGHWAY DISTRICT, Subsection B of Ordinance No. 899 is amended to read as follows: 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 uses, shall cover not more than forty (40) percent of the total lot area. 3. Driveways. All driveways shall meet the City 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. 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. 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. (See appendix for specifications) 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 (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. 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. 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. Section 17. Chapter 4 - COMMERCIAL GENERAL DISTRICT, Subsection A(1) of Ordinance No. 899 is amended to read 11as follows: A-vl"�^ d Permitted Uses: I3q 3 - %S7 a. Commercial uses, wholesale and retail. b. Personal and professional services. C. Eating establishments and Cocktail Lounges. -19- d. Signs. e. Commercial parking lots. f. Community or public park and recreational facilities. g. Indoor entertainment and amusement facilities. h. Educational, cultural, governmental, religious or health care facilities. i. Marine oriented commercial uses. j. Accessory buildings associated with the above uses. Section 18. Chapter 4 - COMMERCIAL GENERAL DISTRICT, Subsection A(2) of Ordinance No. 899 is amended to read as follows: 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. Section 19. Chapter 4 - COMMERCIAL GENERAL DISTRICT, Subsection B of Ordinance No. 899 is amended to read as follows: d1. Lot Area. The lot area required for any SrJ87 commercial establishment shall be not less Z3 J7 than five thousand (5,000) square feet. 2. Coverage. Buildings, including accessory uses, or any lot shall cover not more than seventy (70) percent of the total lot area of the lot. 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 -20- 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 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 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 (See appendix for specifications). 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 Signs. prohibited: ZPA W The following signs are 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. Section 20. Chapter 4 - INDUSTRIAL DISTRICT, Subsection A of Ordinance No. 899 is amended to read as follows: ,n r [ 1. Permitted Uses: )3q3 �qa. 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. 2. Uses permitted upon Issuance of a Special Use Permit: a. Small manufacturing uses. b. Open storage yard. C. Sand, gravel pits, sawmills and batching plants. d. Any use deemed likely to cause a -22- 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. Section 21. Chapter 4 - INDUSTRIAL DISTRICT, Subsection B of Ordinance No. 899 is amended to read as follows: /i __ / _j 1. Lot Area. The lot area for each industrial '`�YYI-`'`'`''``''' establishment shall be at least ten )39 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 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. 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 -23- 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 (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 graveel. Required off-street parking spaces shall occupy not more than fifty (50) percent of the required front yard area (See appendix, Section No. 14). 9. Off-street loading space. Each commercial building shall provide unloading space of the minimum dimensions of ten (10) feet -24- wide and forty-five (45) feet long by fourteen (14) feet high for larger trucks (See appendix, Sections No. 34 - 38). Section 22. Ordinance No. 988, Section A is hereby /{ 'amended to read as follows: W &4'e-� 61 Permitted Uses: a. Single-family dwelling b. Accessory structures Section 23. Ordinance No. 988, Section B is hereby amended to read as follows: /1 Ord 1. Structures shall be permitted and located ��7 only on a single lot or parcel of record 13 93 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. Minimum lot; 2.5 acres per single-family dwelling. 3. 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. 4. Driveways. All driveways shall meet the city specifications for crossing of drainage ditches and juncture with streets or alleys. 5. Mobile Home. For the purposes of this Ordinance the use of a mobile home as a single-family residence may be considered a permitted use as long as it's installation cause 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 -25- side yards with depths or widths of not less than the following: a. Front yard depth: 25 Ft. b. Side yard depth 15 Ft. total, no less than 5 ft. C. Corner lot side yard: 15 Ft. facing street d. Rear yard: 10 Ft. Section 24. Ordinance No. 987 is hereby amended to read as follows: A � /X, "GB" GREEN BELT q0 7 d Purpose: The "GB" or Green Belt District is an area set aside because of unique characteristics for present or future uses, which are in harmony with its natural features, areas of important natural resources, areas of historical value, areas of significant biophysical limitations such as: areas of steep slopes presenting slide and erosion hazards, areas prone to flooding, and present or future public recreational sites. The Green Belt District shall also be a form of visual and sometimes physical separation between major sectors of the urbanized areas set aside to preserve many of the natural features of the land. The Green Belt areas have been 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 REGULATIONS 1. Permitted Uses (a) Single-family dwelling (b) Accessory structures L1901"D 301i1010"MM 0WIPJAI -1 1. Structures shall be permitted and located on a single lot or parcel of record created prior to December 13, 1976. If two or more continguous lots -26- were of single ownership on December 13, 1976, the lands involved shall be considered to be an undivided parcel for purposes of this Ordinance, and no portion of said parcel shall be used which does not meet the requirements established by this Ordinance. 2. Lot Size. Minimum lot width .........110 feet Minimum lot depth ......... 80 feet Maximum lot depth..4 times actual width Minimum street footage..... 30 feet 3. 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. 4. Driveways. All driveways shall meet the city 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 per dwelling unit 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 .......... 25 feet b. Side yard depth..15 feet total, no less than 5 feet -27- d. Rear yard .................. 10 feet Section 25. Chapter 5 of Ordinance No. 899 is amended to read as follows: A. GENERAL REQUIREMENTS: In recommending approval of a Special Use Permit, the Commission shall find as follows: Aa 1. That the use applied for is a proper lJ 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 accomodate 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. Regulation of points of vehicular ingress and egress. sum 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 1. 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 of the property or his authorized agent. Incomplete or inaccurate applications may be deemed grounds for automatic denial. Drawings. A site plan, landscaping plan, and elevation drawing of proposed structures shall be submitted as a part of any application. 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 files a uniform fee, as established herein, shall be paid by the applicant. 2. Planning Commission Public Hearing. a. Upon the acceptance of a complete application, the Planning Commission shall give proper notice and hold a public hearing at the time and a date set forth in the -29- notice. b. 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, to all owners of record of the properties within three hundred (300) feet of the exterior boundaries of the subject property, not less than ten (10) days prior to the hearing date. C. 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. -30- 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. C. 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. D. 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. E. 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. F. NONCOMPLIANCE: -32- d. All actions involving a Special Use Permit petition shall require final action by the Council. e. 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. 5. Council Public Hearing. a. 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. b. 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: 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 -31- 1. 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. 2. 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. 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 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. G. 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 on such previous application. H. SPECIFIC CONDITIONS Neighborhood Commercial Uses listed as special uses in residential districts 13 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. a. Location. The site shall be -33- 2. located only on a major or secondary road as designated in the adopted Comprehensive General Plan. b. Site Characteristics. The site shall have: 1) A minimum lot area of 10,000 square feet for each commercial establishment. 2) A minimum road frontage width of 60 feet. Existing buildings where no exterior changes are to be made may be exempt from 1) and/or 2). C. Screening. All commercial establishments shall be effectively screened from adjoining residential properties through the use of fencing or planting. d. Lighting. No exterior lighting emitted by a commercial establishment shall be permitted to reflect on adjoining residential properties. Service Stations shall comply with the following provisions in addition to application district regulations and other conditions imposed by the Commission or Council. a. Location. Service stations shall not adjoin an existing residential use at the time of their establishment. b. Site Charateristics. 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. C. Rental Trailers. Rental trailers, not exceeding ten (10) in number, may be stored only in the "CG" -34- district, provided they are screened from the view of adjacent properties. d. 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 setback area. e. Landscaping. The entire ground area shall be paved or landscaped. f. Lighting. Light shall not reflect on adjoining properties. g. 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. h. Noise. Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency, or shrillness. 3. Mobile Home Parks shall comply with the following provisions in addition to applicable district regulations and other conditions imposed by the Commission or Council. a. 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. b. 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. -35- C. Screening. Mobile home parks shall be effectively screened from surrounding uses by the use of peripheral fencing, six (6) feet in height. d. 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 each. 4. 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. a. 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. b. Site Characteristics. The minimum site area for open storage yards shall be one (1) acre. C. Screening. The minimum of an 8' high fence or 20' wide green belt. 5. 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. a. Location. The minimum distance from such use to any residential district shall be two thousand (2,000) feet. b. Site Characteristics. The minimum site area for such use shall be five (5) acres. C. Operations. Removal of minerals -36- 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 minerals shall be permitted. d. Termination. Upon termination of operations 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 premises shall be restored as near as possible to original conditions and contours. e. 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. Section 26. Chapter 6, Subsection B, C and D of ordinance No. 899 is hereby amended to read as follows: 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 -37- 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 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 Ordinance No. 1088 or its successor shall be paid, for the purpose of defraying the costs incidental to the proceedings. 4. Commission Public Hear 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 Comm days (10)lnor more Sion all, not less than Ys after the Publica than thirty (30) mailing of ion the legal noticand e aPPlication,ing on a varia Ceof the hearing. hold said Public The d. record eC° a�witS.Ion Shall announce and ision within 1 Clerk its after the conclushirty (30) days hearing• co ion of the for aPprova d decision shall Conditions,liwith the be stated for denial and imposed, or shall findings in s shall set forth be decision, upport of the conditions For approval the shall be found. ribed in Section p e ov- orami . nng a variance the decision, may set forth in which reasonable condit its shall assure condition. Purpose of this Ordthe intent and f. Time e� L= The terms of variance a granted as s thi ordinance shall Provided by within one hundred a be days,implemented or the and eighty (180) considered v variance shall be filing shall begin The 180 day City n4 of the decision on the date of Y Clerk. with the time limit with of Commissionmay be considered by Commission and 4ranted by the y the by the appli anta written request demonstration showing a of just cause. 4• The dec. sioShal the Planning Commission conclusive 1 be final (15) da unless within and action Ys from the date fifteen wit a44rieved iPinal applicant for h the City C1erartY files an appeal a filing fee k accompanied Upon as establish by City Clerkving shalloticeofappealein. Public hear' set a date the Council in4 before the City r for not less than ten (10) -39- 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. 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. Section 27. Chapter 7, Subsection F of Ordinance No. 899 is hereby repealed. Section 28. Chapter 8 of Ordinance No. 899 is hereby amended to read as follows: 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. B. 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. -41- C. CONTINUANCE. Hearings 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. 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. Section 29. Chapter 10, Subsection B(1) of Ordinance No. 899 is amended to read as follows: B. PROCEDURES: 1. 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 -42- 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: a. The legal description of the property. b. A complete and detailed written statement of the intended use of the land. C. Scaled drawings of property, site plan, building plan perspective, traffic circulation plans and any other plans and drawings deemed necessary for evaluation. 2. 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. a. 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. b. 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 -43- of the property, the present classification and the proposed reclassification, in addition to the time, date and place for the hearing. C. Notice shall also be mailed in similar form, to all owners of record of the properties within three hundred (300) feet of the exterior boundaries of the subject property, not less than ten (10) days prior to the hearing date. d. 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 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. 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. 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. b. 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: 1) approval of petition as submitted. 2) approval of petition with additional conditions. 3) approval of a modified petition. 4) disapproval of petition. 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 the modified petition in the paper ten (10) days before the next regular meeting of the City Council. -45- 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. C. 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 contemplated 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 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 the 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 neutrualize 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 signed, it shall be filed MM 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. Appeal 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. D. 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 -47- in which it is located. E. 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 on such previous application. Section 30. Ordinance No. 899 is hereby amended to add the following new section: FEE SCHEDULE The fees established for applications herein shall be as follows for the purposes of defraying the costs incidental to the proceedings: a. Special Use Permits. A uniform application fee of $100.00 shall be paid by the applicant. b. Variance Applications. A Uniform application fee of $75.00 shall be paid by the applicant. C. Reclassifications. A minimum 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 in 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. d. Appeals. A uniform fee of $50.00 shall be paid by the applicant. Section 31. 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, Washington, signed by the Mayor and attested by the City Clerk in authentication of such passage this 26th day of May, 1981. �� V�.✓ / 1 //lR/' t� L l PAUL D. POWERS, JR. 'T MAYOR ATTEST: ROBERT G. LLOYD „City Clerk APPROVED AS TO -FORM: JAMES,M. RIEHL, zty Attorney v" SUMMARY OF AMENDMENTS TO THE CITY OF PORT ORCHARD ZONING ORDINANCE Pursuant to RCW 65.16.160, the City of Port Orchard hereby publishes a summary of Ordinance No. 1163 which amends Ordinance No. 899, Ordinance No. 986, Ordinance No. 987, and Ordinance No. 988, known as the City of Port Orchard Zoning Ordinance. Ordinance No. 1163 does not create anv new zoning districts or classifications and existing zoning district boundaries will not be changed or affected. Ordinance No. 1163 does establish new rules and procedures to fully implement the zoning ordinance and to effectuate the general policies of the Comprehensive Plan, establishes a permit system and permit fees and established performance standards for development. Ordinance No. 1163 is summarized below. Section 1, 2 and 3 of Ordinance No. 1163 amends the Rules of Construction; Establishment of Districts classifications and District Boundaries provisions to conform to current proce- dures and to consolidate such procedures. Section 4 of Ordinance No. 1163 provides new or amended definitions for the following terms: building, building area, concomitant agreement, court, dwelling, dwelling unit, family guest room, hotel, lodging house, lot, lot frontage, lot measurement, marina, mobile home, mobile hone park , hotel, non -conforming struc- ture, non -conforming use, open space, parking space, recreational vehicle, setback, signs, single family, structural alteration, structure, two-family dwelling, use and yard. Section 5 of Ordinance No. 1163 removes as a Permitted Used in a Low Density Residential District the use of crop and tree farming. The Ordinance allows home occupations and mobile ho.;es as a Permitted Use in a Low Density Residential District. Section 6 of Ordinance No. 1163 deletes a listing of the types of business offices and uses allowed in a Low Density Residential District by issuance of a special use permit and now allows compatible neighborhood commercial uses such as: grocery, restaurant, barber, etc., as uses permitted in such district upon issuance of a special use permit. Section 7 of Ordinance No. 1163 changes the building height for buildings in a Low Density Residential District, allows mobile homes in such a district and increases the maximum size of signs allowed in such a district and provides for the type of signs which are prohibited in such a district. Section 8 of Ordinance No. 1163 repeals the former classification of Medium Density Residential District. Section 9 of Ordinance No. 1163 lists the uses permitted in a High Density Residential District. Section 10 of Ordinance No. 1163 lists the uses allowed in a High Density Residential District upon issuance of a Special Use Permit. -1- Section 11 of Ordinance No. 1163 amends the height of building allowed in such district, permits the use of a mobile home in such district, increases the maximum size of signs allowed in such district and states the type of signs that are prohibited in such district. Section 12 of Ordinance No. 1163 states the permitted uses in a Multi -family District. Section 13 of Ordinance No. 1163 repeals the section formerly stating Permitted Uses in Multi -family districts. Section 14 of Ordinance No. 1163 provides for the type of uses permitted upon issuance of a Special Use Permit in a Multi -family district. Section 15 of Ordinance No. 1163 provides for signs which are prohibited in a Multi -family district and increases the maximum size of signs allowed in such district. Section 16 of Ordinance No. 1163 provides for the type of signs prohibited in a Commercial Highway District and deletes the specifications formerly listed for off-street loading. Section 17 of Ordinance No. 1163 states the Permitted Uses in a Commercial General District. Section 18 of Ordinance No. 1163 provides for the types of uses permitted upon issuance of a Special Use Permit in a Commercial General District. Section 19 of Ordinance No. 1163 provides an amendment for the off-street parking section, provides for signs prohibited in a Commercial General District and adds a section relating to dwelling units in a Commercial General District. Section 20 of Ordinance No. 1163 provides for the Permitted Uses and uses permitted upon issuance of a Special Use Permit in an Industrial District. Section 21 of Ordinance No. 1163 specifies the height allowed in an Industrial District, specification for driveways in such district, states the yard setbacks and provides for signs which are prohibited in an Industrial District. Off-street parking and loading requirements are also specified. Section 22 of Ordinance No. 1163 provides for the uses permitted in an Open Space District. Section 23 of Ordinance No. 1163 further defines a quarter lot side yard. Section 24 of Ordinance No. 1163 states the Permitted Uses in a Green Belt District and further defines a quarter lot side yard and adds mobile homes as a use in a Green Belt District. Section 25 of Ordinance No. 1163 provides for general requirements for issuance of a Special Use Permit, establishes procedures for the Planning Commission and City Council Public Hearings for Special Use Permits and repeals home occupations as a use requiring a Special Use Permit under this section. -2- Section 26 of Ordinance No. 1163 provides for a procedure for application and issuance of a variance. This section has been amended to repeal a provision through which the Commission may make an investigation of facts bearing on each application. Section 27 of Ordinance No. 1163 repeals the repair and maintenance provisions relating to non -conforming uses provided for in the zoning ordinance. Section 28 of Ordinance No. 1163 repeals a provision allowing for preliminary approval or disapproval of a use application by the Planning Commission. Section 29 of Ordinance No. 1163 provides for procedures for application for reclassification, Planning Commission and City Council public hearings and for re -application for a reclassification approval. Section 30 of Ordinance No. 1163 provides for an amended fee schedule for Special Use Permits, Variance applications, Reclassification applications and Appeals of Planning Commission decisions. Section 31 of Ordinance No. 1163 provides for the severability of any section or portion of the Ordinance which is declared unconstitutional or invalid. Copies of Ordinance No. 1163 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Following the effective date of Ordinance No. 1163 copies of the Ordinance will be provided at a nominal charge. APPROVED by the City Council and Mayor for publication this 15th day of June, 1981. ATTEST: � J 'i R. G. Lloyd, City7 APPROVED AS TO FORM: --,City. Attorney,. -3- PAUL D. POWERS, JR., AYOR