050-22 - Ordinance - Housekeeping OrdinanceDocuSign Envelope ID: 2836291B-FAK-40D3-B222-1BC23EDOAB3B
ORDINANCE NO. 050-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING MINOR
REVISIONS AND CORRECTIONS TO TITLES 5, 10, AND 20 OF THE PORT ORCHARD
MUNICIPAL CODE (POMC) FOR HOUSEKEEPING PURPOSES; REPEALING SECTION
5.88.010 POMC AND CHAPTER 10.96 POMC; AMENDING THE FOLLOWING SECTIONS
OF THE POMC: 20.31.010, 20.32.010, 20.39.250, 20.39.355, 20.100.070, 20.124.040,
20.127.160, 20.127.330, 20.180.040 AND 20.200.018; 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 14, 2022, 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, 2022, the City's SEPA official issued a determination of non -
significance for the proposed adoption of minor revisions and corrections to Title 5, 10 and
20, and there have been no appeals; and
WHEREAS, on October 19, 2022, the City Council's Land Use committee reviewed the
proposed minor revisions and corrections to Title 5, 10 and 20, and directed staff to bring an
ordinance to the full Council for review; and
WHEREAS, on November 1, 2022, the Planning Commission held a duly -noticed public
hearing on the proposed adoption of minor revisions and corrections to Titles 5, 10, and 20,
and the Planning Commission recommended approval of the proposed ordinance; 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,
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Ordinance No. 050-22
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THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECTION 2. The Port Orchard Municipal Code, Section 5.88.010, is hereby repealed in its
entirety.
SECTION 3. The Port Orchard Municipal Code, Chapter 10.96, is hereby repealed in its
entirety.
SECTION 4. The Port Orchard Municipal Code, Section 20.31.010, is hereby amended to read as
follows:
20.31.010 Zones established.
(1) The following zones are hereby established:
(a) Greenbelt (GB).
(b) Residential 1 (111).
(c) Residential 2 (112).
(d) Residential 3 (113).
(e) Residential 4 (R4).
(f) Residential 5 (115).
(g) Residential 6 (R6).
(h) Residential mixed use (RMU).
(i) Neighborhood mixed use (NMU).
(j) Commercial mixed use (CMU).
(k) Business professional mixed use (BPMU).
(1) Downtown mixed use (DMU).
(m) (Downtown) Gateway mixed use (GMU).
(n) Commercial corridor (CC).
(o) Commercial heavy (CH).
(p) Industrial flex (IF).
(q) Light industrial (LI).
(r) Heavy industrial (HI).
(s) Civic institutional (CI).
(t) Parks and recreation (PR).
(u) Public facilities (PF).
(2) The following overlay districts are hereby established:
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(a) View protection overlay district (VPOD).
(b) Downtown height overlay district (DHOD).
(c) Self -storage overlay district (SSOD).
(d) Ruby Creek overlay district (RCOD).
e) McCormick Village Overlay District
(3) The location and boundaries of the various zones are shown on the city's adopted
zoning map and are codified in this title and made a part of this title. Overlay district boundaries
may be shown on the city's adopted zoning map, may be codified elsewhere in this code, or be
adopted as a standalone map. Changes in the boundaries of the zones or overlay districts,
including application or amendment or interim zoning, shall be made by ordinance adopting or
amending the zoning map or alternatively in the case of an overlay district, by amending the
standalone overlay district map or code section.
(4) Maps may be kept electronically in a geographic information system (GIS). Copies
published online or electronically do not constitute originals. Map originals must be kept on file
with the Port Orchard city clerk and must indicate the date of the adoption and most recent
amendment.
SECTION S. The Port Orchard Municipal Code, Section 20.32.010, is hereby amended to read as
follows:
20.32.010 Building type descriptions.
(1) Detached House.
(a) A building type that accommodates one dwelling unit on an individual lot with yards
on all sides. A new manufactured home shall be considered a detached house for the purposes
of this title. "New manufactured home" means any manufactured home required to be titled
under RCW Title 46, which has not been previously titled to a retail purchaser, and is not a
"used mobile home" as defined in RCW 82.45.032(2). A new manufactured home shall be
treated as a detached house for the purposes of this title.
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(b) Zones where permitted: R1, R2, R3, R6, NMU, BPMU, GB.
(2) Backyard Cottage.
(a) A small self-contained accessory dwelling located on the same lot as a detached
house but physically separated.
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(b) Zones where permitted: R1, R2, R3, R6, NMU, BPMU, GB.
(3) Cottage Court.
(a) A building type that accommodates five to 12 detached dwelling units organized
around an internal shared courtyard.
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(b) Zones where permitted: R1, R2, R3, R6, NMU, BPMU.
(4) Duplex: Side -by -Side.
(a) A building type that accommodates two dwelling units on an individual lot separated
vertically side by side that share a common wall.
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(b) Zones where permitted: R2, R3, NMU, BPMU.
(5) Duplex: Back -to -Back.
(a) A building type that accommodates two dwelling units on an individual lot separated
vertically with one unit located directly behind the other unit that share a common wall.
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(b) Zones where permitted: R2, R3, NMU, BPMU.
(6) Attached House.
(a) A building type that accommodates two attached dwelling units located on two
separate lots that share a common wall along a lot line.
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(b) Zones where permitted: R2, R3, NMU, BPMU.
(7) Fourplex.
(a) A building type that accommodates three to four dwelling units vertically or
horizontally integrated.
(b) Zones where permitted: R3, R4, R5, NMU.
(8) Townhouse.
(a) A building type that accommodates three or more dwelling units where each unit is
separated vertically by a common side wall and located on its own lot. Units cannot be
vertically mixed. A subdivision or short subdivision may be required to construct townhouse
units.
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(b) Zones where permitted: R2 (two to three to four dwelling unit buildings only), R3,
R4, R5, NMU, CMU, GMU, BPMU.
(9) Apartment.
(a) A building type that accommodates five or more dwelling units vertically and
horizontally integrated.
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(b) Zones where permitted: R3, R4, R5, NMU, CMU, GMU.
(10) Live -Work.
(a) A building type that accommodates three or more units. Units allow for residential
and nonresidential uses in the same physical space. Units may be vertically or horizontally
mixed.
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(b) Zones where permitted: RMU, NMU, CMU, GMU, DMU, IF, CC.
(11) Shopfront House.
(a) A building type that typically accommodates ground floor retail, office or commercial
uses with upper -story residential or office uses at a scale that complements the existing
residential character of the area.
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(b) Zones where permitted: NMU, CMU, RMU, GMU, CC, BPMU.
(12) Single -Story Shopfront.
(a) A single -story building type that typically accommodates retail or commercial uses.
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(b) Zones where permitted: CMU, CC, CH, DMU, GMU.
(13) Mixed Use Shopfront.
(a) A building type that typically accommodates ground floor retail, office or commercial
uses with upper -story residential or office uses.
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(b) Zones where permitted: BPMU, CMU, DMU, CC.
(14) General Building.
(a) A building type that typically accommodates ground floor retail, office, or
commercial uses with upper -story residential or office uses.
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(b) Zones where permitted: BPMU, CMU, GMU, CC, CH, IF, IL, IH, Cl, PR, PF.
(15) Manufactured or Mobile Home Park.
(a) A cluster of manufactured or mobile homes configured such that more than one
mobile home is located on a lot, parcel, or tract. A manufactured or mobile home park typically
features land or unsubdivided lots leased or rented by the manufactured or mobile home
owner.
(b) Zones where permitted: none. New manufactured or mobile home parks are not
permitted. Existing legal nonconforming manufactured or mobile home parks may be
maintained and the homes therein may be replaced.
(16) Accessory Building.
(a) An accessory building is any building of which the form and use are subordinate in
both purpose and size, incidental to and customarily associated with a permitted principal
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building and use located on the same lot.
SECTION 6. The Port Orchard Municipal Code, Section 20.32.090, is hereby amended to read as
follows:
20.32.090 Townhouse.
(1) Definition. A building type that accommodates twa three or more dwelling units where each
unit is separated vertically by a common side wall and located on its own lot. Units cannot be
vertically mixed. A subdivision or short subdivision may be required to construct townhome
units.
(2) Districts where allowed: R2 (three to four unit residential attached only), R3, R4, R5, RMU,
NMU, CMU, GMU, BPMU.
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(3) Lot and Placement.
(a) Minimum site area: 5,000 square feet minimum.
(b) Minimum site width: 70 feet.
(c) Minimum lot area: set by district.
(d) Minimum lot width: set by district.
(e) Maximum lot coverage: set by district.
(f) Primary street setback: set by district.
(g) Side street setback: set by district.
(h) Side interior setback: set by district.
(i) Rear setback: set by district.
(4) Dwellings allowed per site/lot: one minimum, no maximum.
(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.
(6) Height and Form.
(a) Maximum principal building height: three stories/35 feet maximum.
(b) Accessory structure: 24 feet maximum.
(c) Minimum ground floor elevation: two feet minimum.
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(d) Unit width: 20 feet minimum.
(e) Number of units permitted in a row: six maximum.
(f) Transparency ground story: 20 percent minimum.
(g) Transparency upper story: 20 percent minimum.
(h) Blank wall area: 35 feet maximum.
(i) Pedestrian Access.
(i) Entrance facing primary street: required.
(j) 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.
(k) Parking Location.
(i) Front/corner yard restrictions: not allowed in front/corner yards.
(ii) Garage door restrictions. See POMC 20.139.015.
SECTION 7. The Port Orchard Municipal Code, Section 20.39.250, is hereby amended to
read as follows:
20.39.250 Parks and open space.
(1) Defined. Uses focusing on natural areas consisting mostly of vegetation, passive or active
outdoor recreation areas, and having few structures. Parks and open space includes the
following:
(2a) Golf Course. A golf course is a public or private recreational facility that contains a
golf course, and may contain ancillary facilities such as a driving range, pro shop, storage and
maintenance buildings, clubhouse, meeting rooms and restaurant.
(4b) Cemetery. Land or structures used for burial or internment of the dead. For
purposes of this code, pet cemeteries are considered a subclassification of this use.
(4c) Park, Recreation Field. An area used for outdoor play or recreation, often containing
recreational equipment such as slides, swings, climbing frames, ballfields, soccer fields,
basketball courts, swimming pools, and tennis courts. May include passive and active
recreation.
SECTION 8. The Port Orchard Municipal Code, Section 20.39.335, is hereby amended to read as
follows:
20.39.355 Personal services.
(1) Defined. A facility involved in providing personal or repair services to the general public.
Personal services include, but are not limited to, the following:
(a) Beauty, hair or nail salon;
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(b) Catering establishment;
(c) Cleaning establishment, dry-cleaning or laundry drop-off facility, laundromat,
washeteria;
(d) Copy center, printing, binding, photocopying, blueprinting, mailing service;
(e) Funeral home, funeral parlor, mortuary, undertaking establishment, crematorium;
(f) Landscaping services;
(g) Locksmith;
(h) Optometrist;
(i) Palmist, psychic, medium, fortunetelling;
(j) Repair of appliances, bicycles, canvas product, clocks, computers, jewelry, musical
instruments, office equipment, radios, shoes, televisions, watch or similar items;
(k) Tailor, milliner or upholsterer;
(1) Tattoo parlor or body piercing;
(m) Taxidermist;
(n) Tutoring; a+�d
(o) Wedding chapel... and
p) Massage parlor
SECTION 9. The Port Orchard Municipal Code, Section 20.39.335, is hereby amended to read as
follows:
20.100.070 Cul-de-sac streets.
Except where projecting into adjacent unsubdivided areas, any street having only one vehicular
access to another street shall be terminated by a permanent turnaround. Standards for both
the turnaround and its street approach are set forth within this section. Exceptions to these
standards shall be discouraged due to firefighting and solid waste collection requirements. Any
turnaround, either temporary or permanent, that does not meet these requirements shall be
permanently signed for no parking or marked as a fire lane in accordance with the adopted
PWESS.
(1) That portion of any street extending from an intersection to a turnaround shall be
improved and rights -of -way platted with the minimal dimensions provided in Table
20.100.070(1) below.
Table 20.100.070(1): Width for Cul-de-sac Streets for Certain Activities
Activity Served
Paving Width*
Right -of -Way Width
Additional
Requirements
Less than 12
3-2-L20'
-5-2-L45'
300 feet maximum
dwellings
length
12 — 25 dwelling
3420'
56L45'
450 feet maximum
units
length — Single-
family, duplex only
Nonresidential
9453426'
&6L52'
300 feet maximum
zoning districts
length
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(except as otherwise
specified)
Industrial districts
40�26'
QL52'
300 feet maximum
length
* Measured from the front of adjoining curbs.
** Cul-de-sacs (dead-end streets) serving triplex, quadraplex and higher density
multifamily uses shall be discouraged. Exceptions may be granted by the hearing examiner
where no alternative exists and meeting the industrial districts standard or in infill development
situations.
(2) The turnaround portion of any cul-de-sac shall be improved, and rights -of -way
platted, as prescribed below:
Table 20.100.070(2): Width for Cul-de-sac Turnarounds for Certain Activities
Activity Served
Paving Width*
Right -of -Way Width
Addeteenal
Residential and
nonresidential zoning
districts (except as
otherwise specified)
90' diameter
110' diameter er 100'
Shall be rr,*r „f , 9'
a
der
ROW/Eas rr ent
Cenqb*natoen behind
sidewalk easement"
Industrial districts
4-0�96' diameter
120' diameter
* Measured to front of adjoining curbs.
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*** 0ipas 68.rd1aAC� vVith the eRg*ReeF*Rg StaR.daF dS aR d 0f0--,+i.,.As
SECTION 10. The Port Orchard Municipal Code, Section 20.124.040, is hereby amended to read
as follows:
20.124.040 Bicycle parking required.
(1) Bicycle parking facilities shall be provided for new buildings or facilities, additions to or
enlargements of existing buildings, or for changes in the use of buildings or facilities that result
in the need for additional auto parking facilities in accordance with the parking requirements in
POMC 20.124.140 and where required in Table 20.124.140. The director is authorized to
approve modifications to these standards when the applicant successfully demonstrates that
the proposed alternative layout, location, design or type of racking meets the intent of these
standards.
(2) The number of required bicycle parking spaces shall be calculated as shown in Table
20.124.140.
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(3) Individual bicycle parking spaces shall be a minimum of 75 inches long by 24 inches wide
for each space. Where double -sided multi -racks are utilized resulting in overlapping of bicycle
parking spaces, the minimum bicycle parking space for two bicycles shall be 100 inches long by
36 inches wide.
(4) Bicycle parking racks shall be located in areas visible from public right-of-way and shall
be provided with adequate lighting if intended for use after dark. A minimum of 50 percent of
the required number of bicycle parking spaces shall be located within 50 feet of a public
entrance to the building requiring bicycle parking spaces.
(5) Bicycle parking racks shall support the bikes in a stable, upright position, without
damage to wheels, frame or other components.
(6) Bicycle parking racks shall support the frame of the bicycle at two points of contact and
at least one wheel. Racks shall allow the frame and one wheel to be locked to the rack,
regardless of whether the front wheel is removed or not. Racks shall be securely anchored.
Racks shall accommodate a wide variety of sizes and types of bicycles, including those with
water bottles or without kick stands.
(7) Bicycle parking racks shall be permanently mounted/installed within private property on
solid surfaces. Racks placed adjacent to sidewalks shall not encroach upon required pedestrian
access ways, accessible routes or accessible passing space areas.
(8) Access shall be provided to each required bicycle parking space. Aisles shall have a width
of at least three feet to the front, rear or side of the bicycle parking spaces.
(9) Racks shall be placed a minimum of 24 inches away from walls and other elements that
may create an obstacle to accessing the bike parking spaces.
(10) Where the required bicycle parking spaces cannot be properly located upon the
property generating the need for bicycle parking, the owner or applicant of the property
generating the need for bicycle parking may apply for a street use from the city for permission
to locate the bicycle parking on city right-of-way.
(11) New and existing nonresidential uses, buildings and facilities may substitute up to 10
percent of the required vehicular spaces for additional bike parking. Substitutions shall be made
based on one vehicular parking space for at least six bicycle parking spaces.
SECTION 11. The Port Orchard Municipal Code, Section 20.127.160, is hereby amended to read
as follows:
20.127.160 Landscaped block frontage standards.
(1) Description/Purpose. The landscaped block frontage designation emphasizes landscaped
frontages and clear pedestrian connections between buildings and the sidewalk and serves the
purpose of including attractive vegetation within the streetscape. This designation applies to all
streets designated landscaped in POMC 20.127.130, Community design framework maps, and
t#e all development in residential zones.
Figure 20.127.160(1)
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Landscaped Block Frontage Vision and Key Standards
Weather protection
over entry
Entry facingNOW
the street
Special facade
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transparency
requirements
Landscaped setback
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(2) Standards. All development as set forth in POMC 20.127.130 on sites containing a
landscaped block frontage designation must comply with the following standards (on applicable
block frontages):
Table 20.127.160(2)
Landscaped Block Frontage Standards
Element
Standards
Examples and Notes
Building placement
10-foot minimum front
See POMC 20.127.230 for
setback, except where
special design provisions
greater setbacks are
associated with ground level
specified in the district in
residential uses adjacent to a
Chapter 20.122 POMC or
sidewalk.
where future right-of-way
need and/or acquisitions
have been identified in city
plans. =>
Building entrances
Building entrances must be
visible and directly accessible
from the street. =*
For uses that front on
multiple mixed designated
block frontages, an entry
along both streets is
encouraged, but not
required.
Facade transparency
25 percent minimum for
Also see POMC 20.127.140
buildings design with ground
for additional clarification on
level nonresidential uses. =>
transparency standards.
20 percent minimum for
residential uses. =*
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Windows must be provided
on all habitable floors of the
facade.
1
Facade transparency
example.
Weather protection
Provide weather protection
at least three feet deep over
primary business and
residential entries.
Parking location
Parking must be placed to
-, All,
Also see Chapter 20.124
the side, rear, below or
POMC for related parking
above uses. For multi -
requirements
building developments,
surface and structured
-_•
parking areas (ground floor)
are limited to no more than
1'�Ar15
50 percent of the street
sa.ee°
Muimum Sb%ol homage
frontage.
Private or shared garage
entries must occupy no more
than 50 percent of facade
width.
Provide a 10-foot minimum
buffer of landscaping
between the street and off-
street parking areas meeting
the standards of Chapter
20.128 POMC. =>
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Landscaping
The area between the street
.T ..:
Also see Chapter 20.128
and building must be
i
POMC for related
landscaped, private porch or
= ':
landscaping standards
patio space, and/or
_
pedestrian -oriented space.
For setbacks adjacent to
buildings with windows,
provide low level landscaping
that maintains views
—�
between the building and the
Example of low level
street.
landscaping that screens
Also provide plant materials
foundation walls, provides
that screen any blank walls
visual interest, and maintains
and add visual interest at
views from dwelling units to
both the pedestrian scale and
the street.
motorist scale. For extended
wall areas, provide for a
diversity of plant materials
and textures to maintain
visual interest from a
pedestrian scale.
Sidewalk width
Six-foot minimum sidewalks
are required.
Wider sidewalks may be
required where designated in
other code sections or in the
public works standards.
(3) Departure Criteria. Departures from the above standards that feature the => symbol will be
considered by the reviewing authority (the director or hearing examiner, as appropriate),
provided the alternative proposal meets the purpose of the standards, plus the following
criteria:
(a) Building Entrances. Block frontages with steep slopes and/or those facing busy
arterial streets and very limited pedestrian traffic may warrant some flexibility to this standard
(particularly in residential districts).
(b) Facade Transparency. The proposed alternative design treatment of facade area
between ground level windows provides visual interest to the pedestrian and mitigates impacts
of any blank wall areas. No less than 40 percent of the facade between 30 inches and 10 feet
above the sidewalk may be approved with a departure.
(c) Parking Location. There must be an acceptable tradeoff in terms of the amount and
quality of landscaped area that is integrated with the development and the applicable parking
location departure. Plus, the alternative must include design features to successfully mitigate
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the visual impact of additional parking areas along designated landscaped streets.
SECTION 12. The Port Orchard Municipal Code, Section 20.127.330, is hereby amended to read
as follows:
20.127.330 Nonmotorized circulation and design.
(1) Purpose.
(a) To improve the pedestrian and bicycling environment by making it easier, safer, and
more comfortable to walk or ride among residences, to businesses, to the street sidewalk, to
transit stops, through parking lots, to adjacent properties, and to connections throughout the
city.
(b) To enhance access to on- and off -site areas and pedestrian/bicycle paths.
(2) Access to Sidewalk. All buildings must feature pedestrian connections to a sidewalk per
applicable block frontage standards in Article II of this chapter. See subsection (4) of this section
for access design requirements.
Figure 20.127.330(2)
Examples of Direct Pedestrian Access to Buildings from the Street
(3) Internal Circulation.
(a) For sites with multiple buildings, pedestrian paths or walkways connecting
businesses and residential entries on the same development site must be provided. Routes that
minimize walking distances must be utilized to the extent practical.
Departures will be allowed where steep slopes prevent a direct connection or where an indirect
route would enhance the design and/or use of a common usable open space. See subsection (4)
of this section for walkway design standards.
Figure 20.127.330(3)(a)
Internal and External Pedestrian Connections Are Important
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Ordinance No. 050-22
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Page 18 of 24
(b) Sites with Residential Units. Provide direct pedestrian access between all ground
related unit entries and a public street or to a clearly marked walkway network or open space
that has direct access to a public street. Residential developments must provide a pedestrian
circulation network that connects all main entrances on the site to other areas of the site, such
as:
(i) Parking areas.
(ii) Recreational areas.
(iii) Common outdoor areas.
(iv) Any pedestrian amenities.
For townhouses or other residential units fronting the street, the sidewalk may be used to meet
this standard.
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Figure 20.127.330(3)(b)(i)
Direct Walkways between the Street and Dwelling Units Are Required
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The entries of the example on the left connect directly to a public sidewalk while the entries in
the right example connect to a common path that extends to the sidewalk.
Figure 20.127.330(3)(b)(ii)
Examples of Attractive Pedestrian Connection through a Residential Development
(c) Crosswalks are required when a walkway crosses an on -site paved area accessible to
vehicles. Crosswalks must contain contrasting material (such as concrete) and/or patterns (such
as stamped asphalt), excluding painted surfaces.
(d) Pedestrian Walkways through Parking Lots. Developments with 50 parking spaces or
more must provide specially marked or paved walkways through parking areas. At least one
walkway must be provided every four rows of parking or at a maximum spacing of 200 feet. The
walkways must provide a safe connection to the building entrance and meet the walkway
design standards set forth in subsection (4) of this section. See examples below.
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Figure 20.127.330(3)(d)
Parking Area Walkway Standards and Examples
Note the location of the parking lot walkway in the upper right example (connecting shops in
one building to the main entry of a grocery store).
Note in both examples that the concrete walkway extends into the vehicular area to provide a
highly visible and safe crosswalk.
(e) Connections to Adjacent Properties (Including Parks and Trails). Except for when
adjacent properties have less than five dwelling units, provide pedestrian walkways that
connect to adjacent properties. Public sidewalks in the right-of-way shall not count towards this
requirement.
Departures will be allowed where it is determined that internal connections are not necessary
or practical due to shallow lot depths, steep slopes, or other contextual challenges.
(f) Barriers that limit future pedestrian access are prohibited. Gates that limit access to
employees are permitted. See subsection (4) of this section for walkway design standards.
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(4) Walkway Design.
(a) All internal pedestrian walkways must have a minimum five -foot -wide unobstructed
walking surface, except where wider walkways are prescribed in this article or where the
applicable uses and context dictate wider walkways.
(b) Where parking is adjacent to perpendicular or angled parking and does not utilize
wheel stops as described in POMC 20.124.100, an extra two feet of walkway width must be
provided to mitigate for parked vehicles overhanging the walkway.
(c) Pedestrian walks must be separated from structures at least three feet for
landscaping except where the adjacent building facade meets the storefront block frontage
standards per POMC 20.127.120(2).
Departures will be considered where other landscaping and/or facade design treatments to
provide attractive walkways are proposed. Examples include sculptural, mosaic, bas-relief
artwork, or other decorative treatments that meet the purpose. Figure 20.127.330(4)(c) below
provides one example.
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Figure 20.127.330(4)(c)
Standards for Internal Walkways Adjacent to Buildings +�
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Internal walkways adjacent to building walls that do not meet storefront facade standards must
provide at least three feet of landscaping to enhance the character of the walkway. The
reviewing authority will consider alternative treatments, such as decorative walls (right
example).
(d) Walkway design where multi -tenant commercial or mixed use buildings 100 feet or
more in length abut parking lots. Such walkways must feature a 12-foot wide sidewalk with:
(i) Eight feet minimum unobstructed width.
(ii) Trees, as approved by the director or hearing examiner, placed at an average
of 50 feet on -center and placed in grates or in planting strips as set forth in subsection
(4)(d)(iii) of this section.
Departure: Breaks in the tree coverage will be allowed near major building entries to enhance
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visibility.
(iii) Planting strips may be used between any vehicle access or parking area and
the walkway; provided, that the trees required above are included and the walkway
meets the applicable width standards herein and the combined walkway and planting
strip is at least 12 feet wide.
(iv) See also POMC 20.127.340(4), internal roadway design.
Figure 20.127.330(4)(d)
Example of a Successful Pedestrian Sidewalk between Parking Lot and Storefront
SECTION 13. The Port Orchard Municipal Code, Section 20.180.040, is hereby amended to read
as follows:
20.180.004 Exempt development.
(1) No development activity shall be exempt from the requirements of this chapter, unless the
permit is listed below. The following types of permits are not subject to the capacity reservation
certificate (CRC) process because they do not create additional long-term impacts on
transportation facilities, additional sewer capacity in the city's waste water treatment plant, or
a need for more potable water from the city's water system:
(a) Administrative interpretations;
(b) Sign permit;
(c) Street vacations;
(d) Demolition permit;
(e) Street use permit;
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(f) Interior alterations of a structure with no change in use;
(g) Excavation/clearing permit;
(h) Hydrant use permit;
(i) Right-of-way permit;
(j) Single-family remodeling with no change of use;
(k) Plumbing permit;
(1) Electrical permit;
(m) Mechanical permit;
(n) Excavation permit;
(o) Sewer connection permit;
(p) Driveway or street access permit;
(q) Grading permit;
(r) Tenant improvement permit with no change in use;
(s) Fire code permit;
(t) Design review.
Notwithstanding the above, if any of the above permit applications will generate any new p.m.
peak hour trips, require additional sewer capacity, or increase water consumption, such
application shall not be exempt from the requirements of this chapter.
(2) Transportation. This chapter shall apply to all applications for development or
redevelopment if the proposal or use will generate any new p.m. peak -hour trips. Every
application for development shall be accompanied by a capacity reservation certificate
application. Developments or redevelopments that will generate one or more new projected
vehicle trips that will pass through an intersection or roadway section identified with a level of
service below the acceptable level noted in the transportation element in the city's
comprehensive plan, or that will generate 15 or more new p.m. peak hour trips, shall also be
required to submit information for a traffic report pursuant to POMC 20.180.011(2)(b).
(3) Water. This chapter shall apply to all applications for development or redevelopment if the
proposal or use requires water from the city's water system (not West Sound Utilities). In
addition, this chapter shall apply to existing developments to the extent that the property
owner requires water for a use not disclosed on a previously submitted water service
application or a previously submitted application for a capacity reservation certificate.
(4) Sewer. This chapter shall apply to all applications for development or redevelopment if the
proposal or use requires sewer from the city's sewer system (not West Sound Utilities). In
addition, this chapter shall apply to existing developments to the extent that the property
owner requires sewer for a use not disclosed on a previously approved request for sewer
service or a previously approved application for a capacity reservation certificate.
SECTION 14. The Port Orchard Municipal Code, Section 20.200.018, is hereby amended to read
as follows:
20.200.018 Appeals.
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Whenever the fire code authority shall disapprove an application or refuse to grant a
permit applied for, or when it is claimed that the provisions of the codes do not apply or that the
true intent and meaning of the codes have been misconstrued or wrongly interpreted, the
applicant may appeal from the decision of the fire authority within 30 days from the date of the
decision in accordance with Section 44�9 113 of the 2018 Edition of the International Fire Code,
as adopted herein.
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
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 131" day of December 2022.
A gb jslgned by:
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Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
Charlotte A. Archer, City Attorney
PUBLISHED: January 20, 2023
EFFECTIVE DATE: January 25, 2023
DocuSigned by:
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Robert Putaansuu, Mayor
SPONSOR -
Scott Diener, Councilmember
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