059-21 - Ordinance - Adopting Revisions and Corrections to Title 20ORDINANCE NO. 059-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
MINOR REVISIONS AND CORRECTIONS TO TITLE 20 OF THE PORT ORCHARD
MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on June 13, 2017, the Port Orchard City Council adopted ordinance 019-17
establishing a new unified development code (Title 20 POMC); and
WHEREAS, since the adoption of ordinance 019-17, on an annual basis the City has
docketed, considered and adopted amendments to Title 20, to correct minor errors and
internal conflicts and to clarify development regulations, pursuant to Chapter 20.06.020(7);
and
WHEREAS, the City may adopt amendments to the City's development regulations
pursuant to RCW 36.70A.106; and
WHEREAS, on October 8, 2021, the City submitted to the Department of Commerce a
request for expedited review of the proposed minor revisions and corrections to Title 20,
pursuant to RCW 36.70A.106(3)(b); and
WHEREAS, on October 14, 2021, the City's SEPA official issued a determination of non -
significance for the proposed adoption of minor revisions and corrections to Title 20, and
there have been no appeals; and
WHEREAS, on November 17, 2021, the City Council's Land Use committee reviewed the
proposed minor revisions and corrections to Title 20, and directed staff to bring an
ordinance to the full Council for review; and
WHEREAS, on November 2, 2021, the Planning Commission held a duly -noticed public
hearing on the proposed adoption of minor revisions and corrections to Title 20, and no public
testimony was received, and the Planning Commission recommended approval of the
proposed adoption; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is
consistent with the City's Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best
interests of the residents of the City and further advance the public health, safety and
welfare; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
Ordinance No. 059-21
Page 2 of 26
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Table 20.22.020 is revised to read as follows:
Table 20.22.020 — Permit Review Type Classifications
Type I
Director Decision
Judicial Appeal
Type II
Director Decision
HE Appeal
Type III
HE Decision
Judicial Appeal
Type IV
City Council Decision
Judicial Appeal
Type V
City Council Decision
GMHB Appeal
Building
Short Plat, Preliminary,
Preliminary Plat,
Final Plat
Development Agreement
Permit' (Subtitle X of
Alteration of Preliminary,
Preliminary Plat Major
(Chapter 20.90 POMC)
(Chapter 20.26 POMC)
this title)
Alteration of Final,
Modifications, Alteration
Vacation of Final
of Final, Vacation of Final
Site -Specific Rezone
Comprehensive
Binding Site Plan, Final
(Chapters 20.86 and 20.96
(Chapters 20.88 and 20.9
without
Plan
(Chapter 20.94 POMC)
POMC)
6 POMC)
Comprehensive Plan
Amendment —
Amendment
Land Use Map
Preliminary Plat— Minor
Temporary Use Permit
Variance
(Chapter 20.42 POMC)
Amendment,
Modifications
(Chapter 20.58 POMC)
(Chapter 20.28 POMC)
Text
(Chapter 20.88 POMC)
Amendment
Binding Site Plan —
Conditional Use Permit
(Chapter 20.04 P
Minor Land Disturbing
Preliminary, Alteration of
(Chapter 20.50 POMC)
OMC)
Activity Permit
Preliminary, Alteration of
(Chapter 20.140 POMC
Final, Vacation of Final
Shoreline Substantial
Legislative Zoning Map
and POMC 20.150.100)
(Chapter 20.94 POMC)
Development Permit,
Amendment
Conditional Use Permit,
(Chapter 20.06 POMC)
Boundary Line
Stormwater Drainage
and Nonadministrative
Adjustment
Permit
Variance
POMC Title 20 Code
(Chapter 20.84 POMC)
(Chapter 20.150 POMC)
(Chapter 20.164 POMC)
Amendment
(Chapter 20.06 POMC)
Code Interpretation
Sign Permit (if SEPA
Planned Residential
(Chapter 20.10 POMC)
required)
Developments
AnnexationS2
(Chapter 20.132 POMC)
Legal Nonconforming
Final Plat — Alteration or
Permit
Shoreline Substantial
Vacation
(Chapter 20.54 POMC)
Development Permit,
(Chapter 20.96 POMC)
Administrative
(Chapter 20.164 POMC)
Ordinance No. 059-21
Page 3 of 26
Table 20.22.020 — Permit Review Type Classifications
Type I
Director Decision
Judicial Appeal
Type II
Director Decision
HE Appeal
Type III
HE Decision
Judicial Appeal
Type IV
City Council Decision
Judicial Appeal
Type V
City Council Decision
GMHB Appeal
Short Plat, Final
Sign Variance
View Protection Overlay
(Chapter 20.86 POMC)
(Chapter 20.132 POMC)
District (VPOD) Variance
(POMC 20.38.860)
Sign Permit (if SEPA not
required)
Flood Damage
(Chapter 20.132 POMC)
Prevention Variance
(POMC 20.170)
Master Sign Plan
Flood Damage
Prevention Appeal
(POMC 20.170)
Shoreline Permit
Major Land Disturbing
Exemption
Activity Permit
(Chapter 20.164 POMC)
(Chapter 20.140 POMC
and POMC 20.150.100)
Temporary Use Permit,
Extension
Variance — Administrative
(Chapter 20.58 POMC)
(Chapter 20.28 POMC)
Untyped review and decision actions: preapplication meeting (Chapter 20.24 POMC), design review board review and
recommendation (POMC 20.127.030), tax exemption for multifamily development (Chapter 3.48 POMC), capacity reservation
certificate (Chapter 20.180 POMC), public works design variation, right-of-way permit (Chapter 12.04 POMC), street use permit
(Chapter 12.24 POMC), water/sewer connection permit (Chapter 13.04 POMC).
1 If a building permit application does not require SEPA review, no public notice is required. If a building permit application
requires SEPA review, public notice shall be provided consistent with the requirements for Type II applications pursuant to
Chapter 20.25 POMC.
2 A development agreement that is consolidated with a Type I, II, III, or IV project permit application may be appealed pursuant
to Chapter 36.70C RCW.
SECTION 3. Section 20.32.015 is revised to read as follows:
20.32.015 Building Type Zoning Matrix
Ordinance No. 059-21
Page 4 of 26
(1) Building Type Zoning Matrix Key.
(a) Permitted Building Type (P). Indicates a building type is permitted in the zone.
(b) Building Type Not Permitted (--). Indicates a building type is not permitted in the zone.
Shopfront
Manufactured or
Mobile Home Park
SECTION 4. Section 20.32.080 is revised to read as follows:
Ordinance No. 059-21
Page 5 of 26
(1) Definition. A building type that accommodates three to four dwelling units vertically or
horizontally integrated.
(2) Districts where allowed: R3, R4, R5, NMU.
Ordinance No. 059-21
Page 6 of 26
(3) Lot and Placement.
(a) Minimum lot area: 7,000 square feet.
(b) Minimum lot width: 60 feet.
(c) Maximum lot coverage: set by district.
(d) Primary street setback: set by district.
(e) Side street setback: set by district.
(f) Side interior setback: set by district.
(g) Rear setback: set by district.
(4) Dwellings allowed per lot: minimum three, maximum four.
(5) Build -to Zone (BTZ).
(a) Building facade in primary street BTZ: set by district.
(b) Building facade in secondary street BTZ: set by district.
r.
(6) Height and Form.
(a) Maximum principal building height: three stories/35 feet.
(b) Maximum accessory structure height: 24 feet.
(c) Minimum ground floor elevation: two feet.
(d) Minimum ground floor transparency: 20 percent.
Ordinance No. 059-21
Page 7 of 26
(e) Minimum upper floor transparency: 20 percent.
(f) Maximum blank wall area: 15 feet.
(g) Pedestrian Access.
(i) Entrance facing primary street: required.
(h) Building Elements Allowed.
(i) Awning/Canopy. See POMC 20.122.020.
(ii) Balcony. See POMC 20.122.030.
(iii) Porch. See POMC 20.122.060.
(iv) Stoop. See POMC 20.122.070.
(i) Parking Location.
(i) Front/corner yard restrictions: Parking not allowed in front/corner yards.
(ii) Garage door restrictions.
SECTION 5. Section 20.32.100 is revised to read as follows:
20.32.100 Apartment.
(1) Definition. A building type that accommodates five or more dwelling units vertically
and/or horizontally integrated.
SECTION 6. Section 20.37.030 is revised to read as follows:
20.37.030 Public Facilities.
(1) Intent. The public facilities district is intended to provide for public facility uses that serve
the city and which may not readily assimilate into other zoning districts. The public facilities
district may be applied in any area of the city regardless of comprehensive plan designation.
The public facilities district intends to accommodate buildings of a public nature such as police,
fire or EMS stations and government offices.
(2) Building Types Allowed. Building types are not applicable in the public facilities district.
(3) Lot Dimensions.
(a) Minimum lot size: 7,000 square feet.
(b) Minimum lot width: 70 feet.
(4) Maximum hard surface coverage is 95 percent.
Ordinance No. 059-21
Page 8 of 26
Public Facilities Lot Dimensions
(5) Building Setbacks (from Ground Level up to 40 Feet).
(a) Primary street: 10 feet minimum (may be reduced on designated storefront and varied
streets, see Chapter 20.127 POMC).
(b) Side street: 10 feet minimum (may be reduced on designated storefront and varied streets,
see Chapter 20.127 POMC).
(c) Side Interior.
(i) Side interior abutting nonresidential: five feet minimum.
(ii) Side interior abutting residential: 20 feet minimum.
(d) Rear.
(i) Abutting nonresidential: five feet minimum.
(ii) Rear abutting residential: 20 feet minimum.
Ordinance No. 059-21
Page 9 of 26
Public Facilities Building Placement
(B) Building Height.
(a}All buildings and structures: five stoHes85fe maximum (it is recognized that public
buildings may have higher per story heights than other b*8@;t peshencethe 85400theight
limit).
Ordinance No. 059-21
Page 10 of 26
Public Facilities Building Height
SECTION 7. Table 20.39.040 is revised to read as follows:
I 20.39.040 Use table.
(Gray shading separates categories into residential, commercial and industrial, and civic/parks)
Definition/
Use Category Specific Use
R1
R2
R3
R4
R5
R6
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
CI
PR
PF
Standards
Residential Uses
All household living, as listed
below:
Single-family detached
P
P
P
P
P
P
P
20.39.100
(including new
manufactured homes)
Designated manufactured
P
--
--
--
--
-
20.39.100
home, manufactured or
mobile home (except for
new designated
manufactured homes)
New designated
P
P
P
P
P
P
P
P
20.39.100
manufactured home
Two-family
P
P
P
P
P
P
20.39.100
Single-family attached (2
P
P
P
P
P
P
20.39.100
units)
Single-family attached (3 or 4
P
P
P
P
P
P
P
P
P
P
P
P
P
20.39.100
units)
Single-family attached (5 or 6
P
P
P
P
P
P
P
P
P
P
P
P
20.39.100
units)
Multifamily (3 or 4 units)
P
P
P
P
P
P
P
P
P
P
P
20.39.100
Multifamily (5 or more units)
P
P
P
P
P
P
P
P
P
P
P
--
--
--
--
20.39.100
Manufactured or mobile
20.39.100
home park
Boarding house
C
C
--
--
--
C
P
C
Congregate living facilities
C
C
C
C
P
C
Lodging house
C
C
C
--
--
--
C
P
C
Ordinance No. 059-21
Page 11 of 26
Use Category Specific Use
R1
R2
R3
R4
R5
R6
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
I -I
HI
Cl
PR
PF
Definition/
Standards
Group home (up to 8
residents), except as follows:
P
P
P
P
P
P
P
P
P
P
20.39.100
Adult family home
P
P
P
P
P
P
P
P
20.39.100
All group living (9 or more
residents)
--
--
--
C
C
P
C
P
C
P
P
20.39.110
Social services facilities
--
--
--
P
P
P
P
P
20.39.120
Secured high risk social
services facilities
C
C
C
C
20.31*122
Public Uses
All civic uses, as listed below:
Community college,
university, trade or technical
school (8,000 square feet or
less)
P
P
P
P
P
--
--
--
--
20.39.240
Community college,
university, trade or technical
school (more than 8,000
square feet)
C
C
C
C
C
20.39.240
Club or lodge
--
--
--
--
--
--
--
--
P
P
P
P
P
20.39.240
Public use
P
P
P
P
P
P
P
P
P
P
P
P
P
20.39.240
Museum, library
P
P
P
P
P
--
-
P
20.39.240
Place of worship
C
C
C
C
C
P
P
P
P
P
-
20.39.240
School (K-12)
C
20.39.240
Jail or detention center
C
C
C
C
20.39.240
Transit park and ride lot
C
C
C
C
C
P
C
C
P
P
P
P
P
P
P
20.39.220
Transfer station
P
P
20.39.230
Transit bus base
P
P
P
20.39.210
All open space and park
uses, as listed below:
Cemetery
C
P
20.39.250
Golf course
C
C
C
C
C
P
P
20.39.250
Park, recreation field
P
P
P
P
P
P
20.39.250
All utilities, as listed below:
Ordinance No. 059-21
Page 12 of 26
Use Category Specific Use
R1
R2
R3
R4
R5
R6
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
I -I
HI
Cl
PR
PF
Definition/
Standards
Minor utilities
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
20.39.260
Major utilities
P
P
P
P
P
P
20.39.260
Wireless telecommunication
facilities, as listed below:
Amateur radio operator
tower
P
P
P
--
--
--
P
20.39.270
Small cell wireless
telecommunication facility
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
20.39.270
Wireless telecommunication
tower (excludes small cell
facilities)
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
20.39.270
Commercial Uses
All day care, as listed below:
Family day care (6 children
or fewer)
P
P
P
--
--
P
P
--
P
20.39.305
Group day care (mini day
care) (7 to 12)
C
C
C
C
C
C
P
P
P
P
P
--
--
--
--
--
--
--
20.39.305
Day care center (13 or more)
--
--
--
--
--
--
--
C
C
C
P
C
P
P
20.39.305
All indoor recreation, except
as listed below:
--
--
--
--
--
--
--
--
C
P
C
P
P
P
C
--
Shooting range
--
--
--
--
--
--
--
-
C
C
C
20.39.315
Special event facility
I
C
C
C
C
C
C
C
C
C
C
C
20.39.315
Commercial entertainment,
except as follows:
P
P
P
P
P
P
P
Adult entertainment
--
--
--
--
--
--
--
-
C
C
--
--
--
20.39.320
All outdoor recreation,
except as listed below:
--
--
--
--
--
--
--
C
C
C
P
P
P
C
C
Campground, travel trailer
park, RV park (does not
include mobile home park)
--
--
--
--
--
--
--
-
C
C
20.39.340
Horse stable, riding
academy, equestrian center
--
--
--
--
--
--
--
-
C
C
20.39.340
Shooting range
--
--
--
--
--
--
--
-
C
20.39.340
Marina (upland areas)
--
--
--
--
--
--
--
C
C
C
C
C
C
C
C
C
C
20.39.385
All overnight lodging, as
listed below:
Ordinance No. 059-21
Page 13 of 26
Use Category Specific Use
R1
R2
R3
R4
R5
R6
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
Cl
PR
PF
Definition/
Standards
Level 1: Vacation rentals or
similar short-term
house/room rentals
P
P
P
P
P
P
P
P
P
P
P
P
P
20.39.345
Level 2: Bed and breakfast
(up to 7 rooms)
C
C
C
C
C
P
P
20.39.345
Level 3: Motel
--
--
--
--
--
--
--
--
P
P
20.39.345
Level 4: Hotel
--
--
--
-
--
--
--
P
P
P
P
P
20.39.345
All medical, except as listed
below:
--
--
--
--
--
--
--
C
C
P
P
P
P
P
P
Hospital
--
--
--
--
--
C
C
C
C
--
--
--
C
20.39.325
All office, except as listed
below:
--
--
--
--
--
--
--
C
C
P
P
P
P
P
P
P
Bail bonds
C
C
C
C
P
P
20.39.335
Surface parking: commercial
parking, commuter lease
parking or park and ride,
remote parking
--
--
--
--
--
--
--
--
C
C
P
P
P
P
P
P
P
C
20.39.350
Commercial parking garage -
standalone
qP
C
C
C
P
P
P
C
20.39.350
Electric vehicle charging
stations
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
All personal service, except
as listed below:
--
--
--
--
--
--
--
C
C
P
C
P
P
P
P
C
Funeral home
--
--
--
--
--
--
--
--
P
P
P
P
P
20.39.355
Crematorium
--
--
--
--
--
--
--
--
P
P
P
P
P
P
20.39.355
Animal shelter or adoption
center
--
--
--
--
--
--
--
--
C
C
C
C
C
C
C
20.39.200
Indoor animal care
--
--
--
--
--
--
--
--
C
P
P
P
P
P
20.39.360
Outdoor animal care
--
-
-
-
C
C
C
C
20.39.365
Business services
--
--
--
--
--
--
--
C
P
P
P
P
P
P
P
P
C
20.39.380
Conference center
--
--
--
--
--
--
--
--
C
C
C
C
C
C
C
20.39.310
All restaurants except as
listed below:
--
--
--
--
--
--
--
P
P
P
P
P
P
P
P
Food truck
--
--
--
--
--
--
P
P
P
P
P
P
P
P
P
P
20.39.370
All retail sales, as listed
below:
Ordinance No. 059-21
Page 14 of 26
Definition/
Use Category Specific Use
R1
R2
R3
R4
R5
R6
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
Cl
PR
PF
Standards
Retail establishment (up to
P
P
P
P
P
P
P
P
P
--
--
P
--
--
20.39.375
5,000 gross floor area)
Retail establishment (5,001 -
P
P
P
P
P
P
20.39.375
15,000 gross floor area)
Retail establishment (15,001
--
--
--
--
--
--
--
--
P
P
P
P
20.39.375
- 50,000 gross floor area)
Retail establishment (over
--
--
--
--
--
--
--
--
C
P
P
20.39.375
50,000 gross floor area)
Fireworks sales in
--
--
--
--
--
--
--
-
P
P
accordance with
Chapter 5.60 POMC
Recreational marijuana sales
--
--
--
--
--
--
--
--
P
P
P
20.64;
20.39.375
Convenience store with fuel
C
20.39.375
pumps
Convenience store without
--
--
--
C
C
C
P
P
P
20.39.375
fuel pumps
Fuel station, including fuel
--
--
--
--
--
--
--
--
C
P
pumps and fuel sales,
without convenience store
Automobile service station
C
P
-
-
-
20.39.300
All vehicle and
tool/construction equipment
sales and rental, as listed
below:
Light vehicle and light tool or
P
P
P
--
--
--
--
20.39.375
construction equipment
sales and rental
Heavy vehicle and heavy tool
P
P
P
P
--
--
--
20.39.375
or construction equipment
sales and rental
All vehicle service and repair,
as listed below:
Car wash
--
--
--
--
--
--
--
--
P
P
P
20.39.440
Vehicle service and repair,
P
P
P
P
-
20.39.440
minor
Vehicle service and repair,
--
--
--
--
--
--
--
-
P
P
P
P
--
--
--
20.39.440
major
Ordinance No. 059-21
Page 15 of 26
Definition/
Use Category Specific Use
R1
R2
R3
R4
IRS
R6
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
I -I
HI
Cl
PIR
PF
Standards
Vehicle service and repair,
--
--
--
--
--
--
--
--
P
P
P
--
--
--
20.39.440
commercial vehicle
Industrial Uses
All heavy industrial
--
--
--
--
--
--
--
--
P
--
--
--
20.39.400
All light manufacturing,
--
--
--
--
--
--
--
--
P
P
P
--
--
--
except as listed below:
Commercial laundry, dry
--
--
--
--
--
--
--
--
P
P
P
--
--
--
20.39.410
cleaning or carpet cleaning
facility
Brewery, distillery under
P
P
P
5,000 square feet
I
Brewery, distillery 5,001
C
C
C
P
P
15,000 square feet
Brewery, distillery over
--
--
--
--
--
--
--
--
P
P
--
--
--
15,000 square feet
Craft shop
--
--
--
--
--
--
--
P
P
P
P
P
P
P
P
P
P
--
--
--
20.39.410
Food and beverage
--
--
--
--
--
--
--
P
P
P
P
P
P
P
P
P
P
--
--
--
20.39.410
processing, boutique (area
used for processing less than
3,000 square feet)
Food and beverage
--
--
--
--
--
--
--
--
P
P
P
P
20.39.410
processing, industrial
Recreational marijuana
--
--
--
--
--
--
--
--
P
P
--
--
--
20.64;
production and processing
20.39.410
All research and
--
--
--
--
--
--
--
--
P
P
P
P
P
--
--
--
20.39.420
development
Resource extraction -
--
--
--
--
--
--
--
--
C
20.39.430
mining, dredging, raw
mineral processing, except:
Timber harvesting in the
--
--
--
--
--
--
--
--
absence of concurrent
development
Sand and gravel mining
C
C
F
Stockpiling of sand, gravel or
--
--
--
--
--
--
--
--
C
P
P
20.39.430
other aggregate materials
Sheet metal, welding,
--
--
--
--
--
--
--
--
C
P
P
P
P
20.39.410
machine shop, tool and
Ordinance No. 059-21
Page 16 of 26
Definition/
Use Category Specific Use
R1
R2
R3
R4
RS
R6
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
Cl
PIR
PF
Standards
equipment manufacturing,
vehicle painting facility
All warehouse, storage and
C
C
C
C
C
--
--
--
distribution, as listed below:
Enclosed storage
P
P
P
P
P
20.39.450
Self-service storage, mini-
C
C
C
20.39.460
warehouse
Storage yard
--
--
--
--
--
--
--
--
C
C
P
P
P
20.39.470
All waste -related service,
--
--
--
--
--
--
--
--
C
P
20.39.480
including wastewater
treatment facilities, decant
facilities and recycling
centers
Agricultural Uses
All agriculture, as listed
below:
Agricultural processing,
--
--
--
--
--
--
--
--
----CPP------
20.39.500
excluding marijuana
processing
Community garden
P
P
P
P
P
P
__
P
P
P
P
P
20.39.500
Nursery
--
--
--
--
--
--
P
P
P
P
P
--
--
--
--
20.39.500
Winery
--
--
--
--
--
--
C
C
C
C
P
P
P
P
--
--
--
--
20.39.500
Accessory Uses
Accessory uses not
otherwise listed below, as
determined by the
administrator:
Accessory dwelling units, as
listed below:
Accessory apartment
PPP____PP__
P
--
--
--
--
20.39.600,
(attached dwelling)
20.68
Backyard cottage dwelling
P
P
P
P
P
P
20.39.600
Drive -through facility
--
--
--
--
--
--
--
--
C
P
P
P
P
--
--
--
--
20.39.610
Home occupation
P
P
P
P
P
P
P
P
P
P
20.39.615
Home business
P
P
P
__
__
P
P
P
20.39.620
Ordinance No. 059-21
Page 17 of 26
Definition/
Use Category Specific Use
R1
R2
R3
R4
RS
R6
GB
RMU
NMU
CMU
DMU
GMU
BPMU
CC
CH
IF
LI
HI
Cl
PR
PF
Standards
Livestock keeping
P
P
P
--
--
--
P
20.39.625
Outdoor display
P
P
P
P
P
P
P
P
P
--
--
--
20.39.630
Outdoor storage as listed
below:
Low -impact
--
--
--
--
--
--
--
--
P
P
P
P
P
--
--
--
20.39.635
High -impact
--
--
--
-
P
P
P
--
--
--
20.39.635
Self -storage as accessory use
--
--
--
P
P
--
--
-
20.39.640
to apartment building
Vehicle service and repair,
P
P
--
--
--
P
P
P
P
20.39.645
accessory to a residential
use
Park as accessory use to
P
P
P
P
P
P
--
P
P
P
P
P
P
residential development
Medical marijuana
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
--
--
--
--
20.64;
cooperative
20.39.100
Key: P = Permitted Use C = Conditional Use -- = Use Not
Permitted
SECTION 8. Section 20.42.050 is repealed in its entirety.
SECTION 9. Section 20.80.040 is revised to read as follows:
20.80.040 Applicability.
(1) The provisions of this subtitle shall apply to all lot line adjustments and the division of any
land within the corporate limits of the city of Port Orchard for sale, lease, transfer, or building
development into two or more parcels, except as expressly stated in this subtitle.
(2) Land use review procedures provided in Subtitle II (Permitting and Development Approval)
of this title shall apply in addition to applicable provisions within this subtitle.
(3) No person, firm, or corporation proposing to make, or having made, any division of land as
described above within the city limits shall enter any contract for the sale of, or shall offer to
sell, any part of the division without having first obtained its approval as a short plat,
subdivision plat, or binding site plan in accordance with this subtitle, unless such agreement for
sale complies with RCW.
Ordinance No. 059-21
Page 18 of 26
(4) All contiguous land shall be included in a plat application. Multiple applications or
applications and/or exemptions shall not be utilized as a substitute for comprehensive
subdividing in accordance with the requirements of this subtitle. The applicant shall certify that
she/he has included all contiguous land in a plat application and that she/he does not own or
otherwise have a legal interest in ownership of contiguous parcels.
(5) Any land being divided into nine or fewer parcels, lots, tracts, or sites shall conform to the
short plat provisions of this subtitle. Nothing in this subtitle shall prevent a landowner who has
short -platted a parcel into fewer than nine lots from filing a short plat within a five-year period
to create up to a total of nine lots within the boundary of the original short plat. Any land being
divided into ten or more parcels, lots, tracts, or sites for any purpose, and any land which has
been divided under the short plat process within five years, shall conform to the provisions of
the preliminary and final plat procedures of this subtitle. The only exception to this provision
shall be those lands being subdivided through the binding site plan procedures of this subtitle.
SECTION 10. Section 20.88.070 is revised to read as follows:
20.88.070 Preliminary plat — Effect of approval.
(1) Approval of the preliminary subdivision by the city shall constitute direction to the applicant
to develop construction plans and specifications for the required public facilities, in strict
conformance with the approved preliminary subdivision, the street and utility standards
adopted by the city, the city's design and construction standards, and any special conditions
imposed on the approval.
(2) Permission shall not be granted for installation of required public facilities until all
construction plans and specifications have been approved in writing by the city engineer,
pursuant to Chapter 20.98 POMC.
SECTION 11. Section 20.122.060 is revised to read as follows:
20.122.060 Porch.
A raised structure attached to a building, forming a covered entrance to a doorway.
Ordinance No. 059-21
Page 19 of 26
A raised structure attached to a building, forming a covered entrance to a doorway.
The 50 percent porch width shall be measured to include the habitable ground floor portion of
the detached house only.
I -Y� qft -;
The 50 percent porch width shall be measured to include the habitable ground floor portion of
the detached house only.
Ordinance No. 059-21
Page 20 of 26
(1) A front porch must be at least six feet deep (not including the steps). A portion of the porch
may be less than six feet deep; provided, that the front door is recessed by at least six feet.
(2) A front porch must be contiguous, with a width not less than 50 percent of the building
facade from which it projects. For the purposes of this section, the front building facade shall
not include that portion of the house containing an attached side -by -side garage.
(3) A front porch must be roofed and may be screened, but cannot be fully enclosed.
(4) A front porch may extend up to nine feet, including the steps, into a required front setback;
provided, that such extension is at least three feet from the vertical plane of any lot line.
(5) A front porch may not encroach into the public right-of-way.
SECTION 12. Section 20.124.120 is revised to read as follows:
20.124.120 Internal road circulation standards.
Internal access roads to off-street parking areas shall conform with or exceed the surfacing and
design requirements of the most recent adopted edition of the Port Orchard Public Works engineering
standards and specifications
SECTION 13. Section 20.128.050(2)(b)(i) is revised to read as follows:
20.128.050(2)(b)(i) Tree Standards and Guidelines.
(1) Native Plant Species. New landscaping materials shall include species native to the region or
hardy, waterwise, and noninvasive species appropriate in the climatic conditions of the region
(decorative annuals are an exception). Generally acceptable plant materials must be those
identified as hardy in Zone 8b as described in United States
Department of Agriculture's Plant Hardiness Zone Map. The selection of plant species should
include consideration of soil type and depth, the amount of maintenance required, spacing,
exposure to sun and wind, the slope and contours of the site, compatibility with existing native
vegetation preserved on the site, water conservation where needed, and the impact of
landscaping on visibility of the site for purposes of public safety and surveillance.
Ordinance No. 059-21
Page 21 of 26
(2) Tree Standards and Guidelines.
(a) Tree heights may be called for within this chapter or elsewhere within this title:
(i) Large Tree. Capable of growing 35 feet high or greater under normal growing
conditions.
(ii) Medium Tree. Capable of growing over 15 feet high and less than 35 feet high
under normal growing conditions.
(iii) Small Tree. Capable of growing up to 15 feet high under normal growing
conditions.
(b) Unless otherwise noted herein, required trees shall meet the following standards at
the time of planting:
(i) Required deciduous trees shall be fully branched, have a dominant leader branch,
have a minimum caliper of one and one-half inches (as measured six inches above
the root ball), and a minimum height of six feet at the time of planting as measured
from the top of the leader branch to the top of the root ball.
(ii) Required evergreen trees shall be fully branched and a minimum of six feet in
height, measured from the treetop to the ground, at the time of planting.
(iii) Required trees of any species within parking areas shall be a minimum caliper of
one -and -one-half inches (as measured 24 inches above the root ball) and a minimum
height of 10 feet at the time of planting.
(3) Shrub Standard. Shrubs, except for ornamental grasses, shall be a minimum of one -gallon
size at the time of planting.
(4) Ground Cover Standards and Guidelines.
(a) Ground covers shall be planted and spaced to result in total coverage of the required
landscape area within three years as follows, or as per recommendations by Washington
State licensed landscape architect, Washington -certified professional horticultura list
(CPH), or other qualified individual. Ground cover plants other than turf forming grasses
must be planted in triangular spacing at the following rates:
(i) Four -inch pots at 18 inches on center.
(ii) One gallon or greater sized containers at 24 inches on center.
(iii) Alternative plant spacing may be appropriate depending on the specific plants.
When applicable, plant spacing information must be included with permit application
submittals from published sources, such as the Sunset Western Garden Book, from
Internet sources, or from cut sheets provided by a nursery. Such sources must be
identified for verification purposes.
(b) Grass is acceptable as ground cover in landscaped areas, but generally not preferred
for water conservation and maintenance purposes (lawn areas designed as play areas are
an exception).
Ordinance No. 059-21
Page 22 of 26
(c) Ground cover areas shall contain at least two inches of composted organic material at
finished grade.
(5) Tree and Plant Diversity.
(a) If there are more than eight required trees, no more than 40 percent of them may be
of one species.
(b) If there are more than 24 required trees, no more than 20 percent of them may be of
one species.
(c) If there are more than 24 required shrubs, no more than 75 percent of them may be of
one species.
(6) Soil Augmentation and Mulching.
(a) Existing soils shall be augmented with a two-inch layer of fully composted organic
material tilled a minimum of six inches deep prior to initial planting.
(b) Landscape areas shall be covered with at least two inches of mulch to minimize
evaporation. Mulch shall consist of organic materials such as bark chips and wood
grindings or yard waste, sawdust, and/or manure that is fully composted. Washed rock
may also be used as a mulch.
(7) Landscape Installation Standards.
(a) All required landscaping shall be in -ground, except when in raised planters. Plant
materials shall be installed to current nursery industry standards.
(b) Plant materials shall be properly supported to ensure survival. Support devices such as
guy wires or stakes shall not interfere with vehicular or pedestrian movement. Where
support is necessary, stakes, guy wires or other measures shall be removed as soon as the
plant can support itself.
(c) Existing trees and plant materials to be retained shall be protected during
construction. Protection measures may include silt fencing, chain link fencing, or other
sturdy fencing placed at the dripline of trees to be retained. Grading, topsoil storage,
construction material storage, vehicles, and equipment shall not be allowed within the
dripline of trees to be retained.
(d) Installation of landscaping materials must take into consideration access to utility
vaults, pedestals, and other public and private utility facilities.
(e) Trees and major shrubs at mature size should avoid interference with windows, decks,
pedestrian walkways or other travelled ways, or lighting.
SECTION 14. Section 20.139.020 is revised to read as follows:
Ordinance No. 059-21
Page 23 of 26
(1) The following provisions apply to detached houses, side -by -side duplexes, and back-to-back
duplexes:
(a) Where lots front on a public street, and where vehicular access is from the street,
garages or carports shall be set back at least five feet behind the ground floor front wall of
the occupied portion of a house or front edge of an unenclosed porch.
Exceptions:
(i) Garages may project up to six feet closer to the street than the ground floor front
wall of the occupied portion of a structure or front edge of an unenclosed porch,
provided it is set back at least 18 feet from the property line or sidewalk edge (when
sidewalks are present) and incorporates at least two of the design/detail features
below. Garages placed flush with the ground floor front wall (or between zero and
five feet behind the front wall) of the occupied portion of the house shall incorporate
at least one of the design/detail features below:
(A) A decorative trellis or arbor over the entire garage face, above and
surrounding the garage door.
(B) A balcony that extends out over the garage and includes columns.
(C) Two separate doors for two -car garages instead of one large door.
(D) Decorative windows on the garage door.
(E) Decorative details on the garage door. Standard squares on a garage door
will not qualify as a decorative detail. Traditional visible hinges and handles
(functional or decorative), and other construction methods creating depth and
texture on a garage door surface are acceptable forms of decorative details.
Examples of decorative details are shown in Figure 2.
(F) A garage door color (other than white) that matches or complements the
color of the house.
(G) Other design techniques that effectively deemphasize the garage, as
determined by the director.
(ii) Garages may be placed closer to the street than the front wall of the house or
front edge of an unenclosed porch, provided the garage door faces an interior lot line
and features (a) window(s) facing the street, so that it appears to be habitable.
(iii) Where lots abut an alley, the garage or off-street parking area shall take access
from the alley, unless precluded by steep topography. This requirement shall not
apply to unopened alleys.
Ordinance No. 059-21
Page 24 of 26
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Figure 1. Garage placement/frontage standards and design
Ordinance No. 059-21
Page 25 of 26
R
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T,r
SECTION 15. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
Ordinance No. 059-21
Page 26 of 26
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 16. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 17. Effective Date. This ordinance shall be published in the official newspaper
of the city and shall take full force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested
by the City Clerk in authentication of such passage this 14th day of December 2021.
Robert Putaahsuu, Mayor
ATTES
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Charlotte A. Archer, City Attorney
PUBLISHED: December 17, 2021
EFFECTIVE DATE: December 22, 2021
Scott Diener, Councilmember
s