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010-18 - Ordinance - Adopting Minor Revisions and Corrections to Title 20 Unified Development CodeORDINANCE NO. 010-18 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 Title 20, City staff have docketed minor errors and several other proposed minor revisions to Title 20, 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 December 14, 2017, the City submitted to the Department of Commerce a 60-day request for review of the proposed minor revisions and corrections to Title 20, pursuant to RCW 36.70A.106(1); and WHEREAS, on January 12, 2018, the City's SEPA official issued a determination of non-significance for the proposed adoption minor revisions and corrections to Title 20, and there have been no appeals; and WHEREAS, on March 6, 2018, 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; now, therefore, 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. Section 20.02.050(4) POMC is revised to read as follows: 20.02.050 Title 20—Admin & Enforcement—Use of Standard Industrial Classification (SIC). Ordinance No. 010-18 Page 2 of 37 !(4) The planning director shall determine whether a proposed land use not specifically listed in a land use table or specifically included within a SIC classification is allowed in a zone. The planning commission's determination shall be based on whether or not permitting the proposed use in a particular zone is consistent with the purposes of this title and considering the following factors: 5 (a) The physical characteristics of the use and its supporting structures, including but not limited to scope, traffic, and other impacts, and hours of operation; i (b) Whether or not the use complements or is compatible with other uses permitted in the zone; and (c) The SIC classification, if any, assigned to the business or other entity that will carry on the primary activities of the proposed use. SECTION 3. Section 20.12.010 POMC is revised to read as follows: 20.12.010 Definitions "Critical facilities" means those facilities necessary to protect the public health, safety and welfare. These facilities include but are not limited to schools, hospitals, police stations, fire departments and other emergency response facilities, and nursing homes. Critical facilities also include sites of hazardous material storage or production. SECTION 4. Table 20.22.020 POMC is revised to read as follows: Table 20.22.020—Permit and Decision Type Classifications Type III HE Decision Judicial Appeal Type V City Council Decision GMHB Appeal Type I Director Decision Judicial Appeal Type II Director Decision HE Appeal Type IV City Council Decision Judicial Appeal Building Permit1 (Title 20, Subtitle Final Plat (20.90)Short Plat, Preliminary (20.86) Preliminary Plat and Preliminary Plat Major Modifications (20.88) Development Agreement (20.26) Site-Specific Rezone without Comprehensive X) Comprehensive Plan Amendment- Temporary Use Permit Ordinance No. 010-18 Page 3 of 37 Binding Site Plan, Final (20.94) Land Use Map Amendment, Text Amendment. (20.04) (20.58)Plan Amendment (20.42)Variance (20.28)Binding Site Plan - Preliminary, Alteration of Preliminary, Alteration of Final, Vacation of Final. (20.94) Preliminary Plat Minor Modifications. (20.88) Conditional Use Permit (20.50)Legislative Zoning Map Amendment (20.06) i Shoreline Substantial Development Permit, Conditional Use Permit, and non- administrative Variance. ; j i Land Disturbing Activity Permit (20.140 and 20.150(11)) Title 20 Code Amendment (20.06)Stormwater Drainage Permit (20.150)Annexations ■ ;Sign Permit (if SEPA required) 20.132 Boundary Line Adjustment (20.84) (20.164)j Shoreline Substantial Development Permit, Administrative (20.164) Planned Res. Developments; Code Interpretation (20.10) Comprehensive Sign Design Plan Permits Legal Nonconforming Permit (20.54) Variance - Administrative (20.28) Final Plat- Alteration or Vacation. (20.96) Short Plat, Final (20.86)View Protection Overlay District (VPOD) Variance (20.38.713)Sign Permit (if SEPA not required) (20.132) Sign Variance (20.132) Shoreline Permit Exemption (20.164) Ordinance No. 010-18 Page 4 of 37 Temporary Use Permit, Extension (20.58) Untyped Review and Decision Actions: Preapplication Meeting (20.24), Design Review Board review and recommendation (20.38.228), Tax Exemption for Multi-Family Development (3.48), Capacity Reservation Certificate (20.180), Public Works Design Variation, Right of Way Permit (12.04), Street Use Permit (12.24), Water/Sewer Connection Permit (13.04) 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 section 20.25 of this Title. SECTION 5. Section 20.20.030 POMC is revised to read as follows: 20.20.030 Applicability. (1) All applications for development shall be subject to the provisions of this Subtitle, except where specifically exempted, which shall include, without limitation: (a) Any change of occupancy of a building from one International Building Code group or division of a group to another or a change of use of land; (b) Any new nonresidential and nonagricultural use of land; (c) The location or construction of any nonresidential or nonagricultural building, or any multifamily project in which more than four (4) dwelling units would be contained; and (d) Any addition to such structure or remodel or substantial revision of the site plan associated with such use. (2) The construction and development of projects reviewed under this Subtitle shall be in strict compliance with the approved site plan and conditions attached thereto. Ordinance No. 010-18 Page 5 of 37 (3) All land uses, activities, construction, clearing, grading, filling, development, intensification, and structural modifications or alterations shall comply with the POMC. (4) All permits and approvals granted for the use, activity, construction, clearing, grading, filling, development, intensification, or structural modifications or alterations shall comply with the POMC. No permit or approval shall be issued for any parcel of land developed in violations of the POMC. SECTION 6. Section 20.30.010 POMC is revised to read as follows: 20.30.010 Zones established. The following zones are hereby established: Gb, R4.5, R8, R8-MWD, R12, R20, Co, BPI, BPII, Eo, Mxd, Cf; and overlay zones of TRMT, VPOD, DOD central, DOD east and DOD west gateways. The location and boundaries of the various zones are such as are shown on the City's adopted zoning map, and are codified in this title and made a part of this title. Changes in the boundaries of the zones, including application or amendment or interim zoning, shall be made by ordinance adopting or amending the zoning map. ; SECTION 7. Section 20.38.202 POMC is deleted in its entirety. SECTION 8. Section 20.38.212 POMC is revised to read as follows: 20.38.212 DOD - Heights for lots that do not abut Bay Street. The maximum allowable building height limit shall be 27 feet, which may be increased up to 39 feet when the applicant: (1) Meets the requirements for a conditional use permit, as set forth in Chapter 20.50 POMC; (2) Provides a special amenity(ies) in accordance with POMC 20.38.213 with a monetary value of one percent of the value of the new/proposed building and land; and (3) Complies with the requirements of POMC 20.38.218 regarding reduced floor area above 27 feet. Provided, in no circumstances shall the maximum allowable structure height exceed 27 feet, which may be increased up to 39 feet when the conditions listed in subsection (2) of this section are satisfied. SECTION 9. Section 20.38.633 POMC is revised to read as follows: 20.38.633 TRMT-Signs. Ordinance No. 010-18 Page 6 of 37 All permanent freestanding signs within the Tremont Street corridor overlay district shall be of monument type. Pole signs are prohibited. All other applicable conditions of Chapter 20.132 POMC shall govern the placement of signs within the TRMT. SECTION 10. Section 20.38.700 POMC is revised to read as follows: 20.38.700 View protection overlay district (VPOD). (1) The view protection overlay district boundaries are as shown on the City's adopted VPOD map, as made a part of this Title. Changes to the VPOD map shall be made by ordinance adopting or amending the VPOD map. (2) Purposes. The adoption of scenic resource protection is intended to: (a) Preserve the aesthetic quality of the community; provide for reasonable development- protect property values; promote or preserve reasonable open space, light, air, and habitat; and otherwise preserve and protect the general health, safety and welfare of the community. (b) Recognize the importance of scenic resources, views, air, habitat, and sunlight to properties within the city. (c) Trees, whether growing singly, in clusters or in woodland settings, provide a wide variety of significant psychological and tangible benefits for both residents and visitors. Trees contribute to the natural environment by modifying temperatures and winds, replenishing oxygen to the atmosphere and water to the soil, controlling soil erosion, and providing wildlife habitat. Trees contribute to the visual environment by providing scale, color, silhouette and mass, by creating visual screens and buffers to separate structures, and by promoting individual privacy. Trees contribute to the economic environment of the city by stabilizing property values and reducing the need for surface drainage systems. Trees contribute to the cultural environment by becoming living landmarks of the city's history and providing a critical element of nature in the midst of urban development. (d) Views produce a variety of significant and tangible benefits for both residents and visitors to the city. Views contribute to the economic environment by substantially enhancing property values. Views contribute to the visual environment by providing inspiring panoramic vistas. Views of attractive subjects with significant horizontal expanse add substantial value to real property. Such views are considered significant in adding to the value of real property by the Ordinance No. 010-18 Page 7 of 37 Kitsap County assessor. Access to plentiful sunlight enhances livability and promotes the general welfare of the entire community. (e) Trees, views, and access to sunlight and air and the benefits to be derived from each may come into conflict. Tree planting locations and species selections may produce both intended beneficial effects on the property where they are planted, and unintended deleterious effects on neighboring properties. Trees may block light, cause the growth of moss, harbor plant disease, retard the growth of grass and interfere with the enjoyment of views and sunlight, leading to the lessening of property values. (f) It is in the interest of the public welfare, health and safety to establish standards for light, sun, air, habitat, and scenic resource protection, and the resolution of obstruction and related complaints. (g) Provide a fair and structured mechanism for protecting scenic resources, and for resolving disputes relating to views and sunlight. (h) Establish supplementary regulations to allow development without degradation of environmental quality. The view protection overlay district designation is intended to enhance the appearance of Port Orchard to make it a better place to live and work, improve the economic vitality of the city by enhancing the city's attractiveness to its citizens and visitors, and to promote site development that is sensitive to vulnerable or fragile environmental resources and conditions, such as air, sunlight, views, and habitat. SECTION 11. Section 20.40.110 POMC is revised to read as follows: Land disturbing activity—Standards—Generally.20.140.110 (1) This chapter sets forth minimum standards which shall apply to land disturbing activities as defined in chapter 20.150 POMC. For circumstances not specifically addressed in this chapter or the Stormwater Design Manual, the provisions of the International Building Code shall apply. (2) All land disturbing activities within the City, regardless of whether a permit is required, shall meet the performance and restoration standards and requirements of this chapter and shall include the use of low impact development best management practices pursuant to chapter Ordinance No. 010-18 Page 8 of 37 15.32 POMC to reduce erosion and protect water and air quality. (3) All land disturbing activities within critical areas and their associated buffers shall conform to the applicable provisions of this chapter and Title 18 POMC. The applicant shall be responsible for obtaining and coordinating all required state or federal permits associated with the filling of wetlands or other regulated activities. SECTION 12. Section 20.46.100 POMC is revised to read as follows: 20.46.100 Table 20.46.100 - Retail land uses.* Resi Residenti al - 8.0 Units/Ac re MWD denResiden tial — Mobile Home Park Resid ential -8.0 Units/ Acre Reside ntial - 20.0 Units/ Acre Employ ment Industri al and Office P =Comm ercial Retail tial Busines Busines Mix Comm unity Faciliti Residentia 1-12.0 Units/Acre Permitted edGreen belt s S Profess ional I Profess ional II 4.5 UseandC =Unit s esOfficeConditionals/Ac re R8-MWD MxGbRMHBP I BP IIR4.5 R8 R12 Co CfR20EoId Retail Land Uses Mobile home sales C P 5271 Building, hardware and P PI P garden materials* Forest products sales C P * Departme nt and variety stores P P * Ordinance No. 010-18 Page 9 of 37 Residenti at - 8.0 Units/Ac re MWD iResi denResiden tial - Mobile Home Park P =Resid ential -8.0 Units/ Acre Reside ntial - 20.0 Units/ Acre Comm ercial Retail Employ ment Industri al and Office tial Mix Comm unity Faciliti Busines BusinesPermittedResidentia I -12.0 Units/Acre Green belt edss Profess ional I 4.5 Profess ional II UseandC =Unit essConditionalOffices/Ac re R8-MWD Mx CfGbRMHR8R4.5 EoR12BP IICoR20BP I d Food stores P P2P54 Agricultur al crop sales C3C3; * Motor vehicle dealers C PP * Auto supply store P4 PP4 553 Gasoline service station C PP 554 Boat dealers C PP555 Apparel and PPaccessory stores56 Furniture and home furnishing stores PP * Eating and P2PP9P6drinking places58 Ordinance No. 010-18 Page 10 of 37 Residenti al - 8.0 Units/Ac re MWD Resi den!Residen tial - Mobile Home Park Resid ential -8.0 Units/ Acre Employ ment Industri al and Office Reside ntial - 20.0 Units/ Acre Comm ercial Retail P =Rial Busines Busines Mix Comm unity Faciliti Residentia I -12.0 Units/Acre Permitted edGreen belt ss Profess ional I Profess ional II Use4.5 andC =Unit essOfficeConditionals/Ac re ;MxR8-MWD CfiEoBP IGbCo BP IIR20RMHR4.5 R8 R12 Idi i Adult entertain ment facilities P5,6 * Drug stores P P C2* Liquor stores P P 592 Marijuana retailer P8♦ Used goods: antiques/ secondha nd shops P P 593 Miscellan eous shopping goods P P 594 Book, stationery , video and art supply P6 P6 * Monume nts,P Ptombston es and* Ordinance No. 010-18 Page 11 of 37 Residenti al -8.0 Units/Ac re MWD Resi den Employ ment Industri al and Office Resid ential -8.0 Units/ Acre Reside ntial - 20.0 Units/ Acre Residen tial — Mobile Home Park Comm ercial Retail P =Busines Busines Mixtial Comm unity Faciliti Permitted Residentia I -12.0 Units/Acre ledGreens s Profess ional I Profess ional II belt Use4.5 andC =Unit ess5 I OfficeConditionals/Ac reI R8-MWD Mx CfGbCo BP I BP II EoRMHR4.5 R8 R12 R20 d i gravestonI es i Bulk retail*CP Auction houses CC c*I \ Fuel dealers P7 P7 P598 *Pet shop P P Banks and financial services i P2,8PP2,8 C 602 Petroleum Petroleu 2911 m refining C Note: All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1. Only hardware and garden materials shall be permitted. 2. Limited to 25 percent of gross floor area up to 4,000 square feet. 3. a. Limited to products grown on site; and b. Covered sales area shall not exceed 1,000 square feet. 4. Only the sale of new or reconditioned automobile supplies is permitted. Ordinance No. 010-18 Page 12 of 37 5. Excluding SIC industry number 5813 - Drinking places. 6. Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries, or churches that conduct religious or educational classes for minors. I 7. Limited to office use. I 8. No drive-through permitted. ;;9. Limited to a maximum of 2,000 sq. ft. and no franchise outlets. Drive-through not permitted. SECTION 13. Section 20.54.070 POMC is revised to read as follows: 20.54.070 Administration of Nonconforming Permits. A. The following steps shall be followed in the processing of nonconforming permits: (hyperlink to appropriate section of the City's Project Permit Processing code): ;1. Determination of complete application (Section 20.24.050) 2. Determination of consistency (Section 20.24.090) 3. Notice of decision by Director (Section 20.24.065) B. Because the processing of these permit applications requires the submission of different information for approval, imposes different burdens on the applicant and the City, and varies in other material respects from the processing of a project permit application, these permits are exempt under RCW 36.70B.140 from all project permit processing requirements (identified in Chapter 20.22), other than those set forth in this chapter. SECTION 14. Section 20.58.130 POMC is revised to read as follows: 20.58.130 Additional permit requirements. (1) Temporary use permits shall be limited in duration and frequency as follows: (a) For temporary use permits issued pursuant to section 20.58.120(1) or (2) of this chapter, the permit shall be effective for 180 days from issuance. (b) The temporary use permit shall specify a date upon which the use shall be terminated and removed. (2) Parking and access for proposed temporary uses shall be approved by the city engineer. Ordinance No. 010-18 Page 13 of 37 (3) The applicant for a proposed temporary use shall provide any parking or traffic control attendants as specified by the city engineer. SECTION 15. Section 20.84.030 POMC is revised to read as follows: 20.84.030 Application requirements. The following materials shall be submitted to the City, pursuant to any additional application rules, policies, or procedures issued by the Department in order to constitute a complete application for a boundary line adjustment: (1) Completed master land use application form and payment of associated fees pursuant to chapter 20.24 POMC; (2) A vicinity map that clearly marks the site in relation to the nearest major streets, roads, and waterways in the area; (3) A separate map that depicts the proposed property configuration, including all lot line dimensions and existing roads, structures and easements, with lines marking the original boundaries of the site; (4) A separate map that depicts the proposed property configuration, including all lot line dimensions, names and locations of existing or proposed roads and easements within or adjacent to the tract, the location(s) of existing structures within the tract, and the location(s) of all utilities; (5) A legal description of the existing property configuration and proposed property configuration, prepared by a licensed professional land surveyor; and (6) A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property. (7) A title report prepared not more than 60 calendar days prior to application submittal, prepared by a title company licensed in the state of Washington. Ordinance No. 010-18 Page 14 of 37 SECTION 16. Section 20.86.020 POMC is revised to read as follows: 20.86.020 Decision type. A preliminary short plat is a Type II decision and a final short plat is a Type I decision. Short plats shall be processed in accordance with the procedures for such decision types as set forth in chapter 20.22 POMC. SECTION 17. Section 20.86.070 POMC is revised to read as follows: 20.86.070 Additional notice. Upon receipt of a complete short subdivision application, the Department shall provide the following additional notice as applicable: . (1) If the proposed short subdivision is located adjacent to the right-of-way of a state highway, the Director shall give written notice of the application, including a legal description of the short subdivision and a location map, to the State Department of Transportation; and (2) If the proposed short subdivision is located in whole or in part in a flood control zone as provided in chapter 86.16 RCW, the Director shall give written notice of the application, including a legal description of the short subdivision and a location map, to the State Department of Ecology. SECTION 18. Section 20.86.090 POMC is revised to read as follows: 20.86.090 Findings. A proposed short subdivision application shall not be approved unless the Director makes written findings and conclusions that: (1) All of the requirements in POMC 20.86.080, Review criteria, are satisfied; (2) Pursuant to RCW 58.17.110: (a) appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, Ordinance No. 010-18 Page 15 of 37 schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and 1 (b) The public use and interest will be served by the platting of the short subdivision and dedication. SECTION 19. Section 20.122.060 is revised to read as follows: 20.122.060 Common Development Standards—Density credits.i Critical areas and their buffers may be used in the calculation of allowed residential density whenever two or more residential lots or two or more multifamily dwelling units are created subject to the following limitations: (1) Full density credit shall be allowed for erosion and seismic hazard areas designated as areas of geologic concern per 20.162.076(2). Flood hazard areas outside of streams, wetlands, or associated buffers shall be counted for full density credit. (2) No density credit shall be allowed for streams, lakes, ponds, and other bodies of water. (3) Partial to full density credit shall be allowed for steep slopes7 and landslide hazard areas designated as geologically hazardous areas or areas of geologic concern per 20.162.076(1) or (2), wetlands, and required buffers for any critical area according to the following table: Percent of Site in Buffers and/or Critical Areas (percent) Density Credit (percent) 1-10 TOO 11-20 90 21-30 80 31-40 70 6041 - 50 5051-60 4061 - 70 3071-80 2081 - 90 Ordinance No. 010-18 Page 16 of 37 Percent of Site in Buffers and/or Critical Areas (percent) Density Credit (percent) 91 - 99 10 (4) Allowed density on sites containing critical areas shall be calculated as follows: (a) Determine the percentage of site area in critical areas and buffers by dividing the total area in required critical areas and buffers by the total site area. (b) Multiply the density credit percentage set forth in subsection (1) of this section by the site area in critical areas and buffers to determine the effective critical area. (c) Add the effective critical area to the site area not in critical areas or buffers. The resulting acres shall be considered the effective site area for purposes of determining the allowable dwelling units pursuant to the zoning regulations. (d) By way of example, the density credit provisions apply as follows for a 10-acre site under the R8 zone: (i) The square feet in the site is 435,600 of which ponds include 45,000 square feet, steep slopes include 82,000 square feet, and required wetland buffers include 60,000 square feet. (ii) Divide the total amount of critical areas and buffers (187,000 square feet) by the total site (435,600 square feet) equal to 42.9 percent. (iii) Apply the density credit from the chart (equal to a 60 percent density credit where the amount of site in a critical area is between 41 and 50 percent). (iv) Multiply the steep slopes and required buffers only (142,000 square feet since no credit is received for ponds) by the density credit of 60 percent equal to 85,200 square feet. (v) Add the unconstrained site area (248,600 square feet) plus the critical area density credit (85,200 square feet) to create the effective site area for density calculations (333,800 square feet). Ordinance No. 010-18 Page 17 of 37 (vi) Divide the total effective site area by 43,560 square feet to determine acreage (333,800 square feet/43,560 square feet/acre equals 7.6 acres) and multiply by the density allowed in the R8 zone (7.6 acres multiplied by eight dwelling units/acre) equals 60.8 which is rounded up to 61 dwelling units maximum (note that the maximum density may be reduced by other provisions of this code).*! ; (5) The density transfer can be utilized only within the development proposal site. The applicant may cluster and configure the site's development to accommodate the transfer of density but cannot change the type of uses or housing products allowed within the zone proper. SECTION 20. Section 20.124.100 is revised to read as follows: 20.124.100 Development Standards—Parking—-Off-street parking design standards. I (1) The most distant parking space shall not be located more than 500 feet away from the nearest building entrance it is required to serve. Where the off-street parking areas do not abut the buildings they serve, the required maximum distance shall be measured from the nearest building entrance that the parking area serves: I (a) For all nonresidential uses permitted in residential zones, the parking spaces shall be located on the same lot they are required to serve and at least a portion of parking areas shall be located within 150 feet from the nearest building entrance they are required to serve. (b) For all uses permitted within downtown mixed use district (Mxd), the parking spaces may be located on consolidated off-site parking lots distributed at accessible locations about the downtown district. (2) Minimum parking space and aisle dimensions shall be determined by the planning director. Regardless of the parking angle, one-way aisles shall be at least 10 feet wide, and two-way aisles shall be at least 20 feet wide. Parking plans for angle parking shall use space widths no less than eight feet, six inches for a standard parking space design and eight feet for a compact car parking space design. (3) Any parking spaces abutting a landscaped area on the driver or passenger side of the vehicle shall provide an additional 18 inches above the minimum space width requirement to provide a place to step other than in the landscaped area. The additional width shall be separated from the adjacent parking space by a parking space division stripe. The parking space depth may be reduced when vehicles overhang a walkway under the following conditions:: Ordinance No. 010-18 Page 18 of 37 (a) Wheelstops or curbs are installed. (b) The remaining walkway provides a minimum of 60 inches of unimpeded passageway for pedestrians. (4) The amount of space depth reduction is limited to a maximum of 18 inches. (5) Ingress and egress between off-street parking areas and abutting streets shall be designed, located, and constructed in accordance with Port Orchard street standards. (6) Lighting of off-street parking areas shall be provided for safety of traffic and pedestrian circulation on the site, as specified in the International Building Code. Lighting shall be designed to minimize direct illumination of abutting properties and adjacent streets. The planning director shall have the authority to waive the requirement to provide lighting. (7) Tandem or end-to-end parking is allowed in single-family detached residential developments. Driveways crossing required setback areas may be used for parking when serving single-family detached dwellings but shall not be considered for purposes of calculating required parking. Attached single-family and multifamily developments may have tandem parking areas for each dwelling unit but shall not combine parking for separate dwelling units in tandem parking areas. (8) All required vehicle parking must be on a paved surface. (9) LID best management practices (BMPs) shall be used for all parking lot design and construction, unless site and soil conditions make LID infeasible as determined by the City. LID BMPs for parking lot design and construction include, but are not limited to: (a) Pervious surfacing; (b) Integrating stormwater management facilities, such as bioretention swales, with required parking lot landscaping; and (c) Using native species in the landscape design. (d) LID BMPs shall be designed and constructed in accordance with the LID Technical Guidance Manual for Puget Sound (current edition). SECTION 21. Section 20.124.270 is deleted in its entirety. Ordinance No. 010-18 Page 19 of 37 ; SECTION 22. Section 20.128.190 is revised to read as follows: ! 20.128.190 Development Standards—Landscaping—Significant tree retention plan. The applicant shall submit a tree retention plan concurrent with a land disturbing activity permit, building permit or preliminary subdivision application, whichever is reviewed and approved first. The tree retention plan shall consist of: ! (1) Tree survey that identifies the location, size, and species of individual significant trees or the perimeter of stands of trees on a site. For forested sites, the tree survey may use a standard timber cruising method to reflect general locations, numbers, and groupings of significant trees. For detailed site plans and grading applications, the tree survey may be conducted by a method that locates individual significant trees near edges of tree protection areas. - (2) The tree retention plan identifying the significant trees that are proposed to be retained should show the locations of tree protection fence that protects the critical root zones of the trees. SECTION 23. Section 20.132.070 is revised to read as follows: Section 20.132.070 Sign Variances. A. Approval Required. A variance may be granted from the strict application of the regulations in this Chapter which apply to: (a) sign placement on a parcel or building frontage; (b) sign area; or (3) sign height, as regulated in this Chapter. A variance may not be granted to allow any prohibited signs or prohibited sign features, as described in Section 20.132.040, or for any other purpose not listed in this subsection A. The variance procedure in this Section does not apply to any Street Use permit or Building permit. B. Need for Sign Permit, Consolidation of Processing. A sign variance application may be submitted before or concurrent with the associated sign permit application. No sign permit application requiring a variance for issuance will be processed without a sign variance application unless the applicant specifically requests that the application be processed without a variance. C. Review Procedures. A sign variance is a Type II permit pursuant to Table 20.22.020. Refer to Chapter 20.24 POMCfor application requirements and permit processing steps. Ordinance No. 010-18 Page 20 of 37 D. Application Requirements. A complete sign variance application shall consist of the following: 1. Application form. A completed sign variance application, including the applicant's name, address, phone number and e-mail address. If the applicant is not the property owner, then the property owner must be identified and the application must include an affidavit from the property owner, verifying that the property owner has given permission to the applicant for the submission of the sign variance application and for the installation/posting of the sign on the property owner's property. 2. Sign Permit Application. A completed sign permit application containing all of the materials required by Section 20.132.050 (Sign Permits). However, the applicant may submit a variance application without a sign permit application as provided in subsection B above. 3. A narrative report which describes the requested variance in detail. The report shall identify all of the sections of this Chapter from which the applicant is requesting the variance, as well as the nature and extent of the variance (in area, location on the property, height). 4. The narrative report shall also include the applicant's description of the manner in which the sign variance satisfies all of the variance criteria in subsection E below. 5. Fees. Payment of the appropriate sign variance application fee. E. Variance Criteria for Approval. Sign variance applications shall be reviewed by the Community Development Director to determine whether all of the following criteria are satisfied. In order to approve any sign variance, the Director must make written findings to show that all of the following criteria have been met: 1. The request for a sign variance is due to unusual conditions pertaining to sign visibility needs for a specific building or lot; and 2. The sign will not create a hazard; and 3. The sign will not violate any state statute or any City Code provision (other than the ones identified in this Chapter relating to signs); and 4. The sign will not negatively affect adjacent property; and Ordinance No. 010-18 Page 21 of 37 5. The sign will be in keeping with the general character of the surrounding area and the granting of the variance would not result in an alteration of the essential character of the surrounding area; and 6. The proposed variance is consistent with the purposes and intent of the Zoning Code and the purposes of this Chapter; and 7. The variance is consistent with the City's Comprehensive Plan; and 8. The applicant has established that there are practical difficulties in complying with the provision(s) of this Chapter and that the proposed sign is a reasonable use of the property. Economic considerations alone do not constitute practical difficulties; and 9. The plight of the applicant is due to circumstances unique to the property, which were not created by the applicant or landowner; and 10. The variance will not permit any sign or use that is not allowed in the zoning district where the affected land is located, nor will it allow any sign or sign feature prohibited under Section 20.132.040 (Prohibited Signs). F. First Amendment Exception/Variance. Where an applicant can demonstrate that the strict application of the regulations in this Chapter would violate his/her First Amendment rights, the City may grant a variance that does not conform to all of the variance criteria in subsection E above. However, the applicant shall submit an application which provides his/her response to each of the variance criteria in subsection E. The City need not make findings that all of the variance criteria have been satisfied, but the City shall grant such variance only to the extent reasonably necessary to protect the applicant's First Amendment rights. If a First Amendment Exception is granted, it shall be treated as an approval of a variance for purposes of this Chapter. G. Notice of Final Decision. A Notice of Decision incorporating the decision on the variance application shall issue not more than 120 days after issuance of the Determination of Complete Application. H. Expiration of Variance. If the variance is approved, the sign identified in the variance must be installed within 180 days or the variance will expire. No sign may be erected if there is no sign permit for the sign, or if the variance or the sign permit has expired, even if the applicant has received associated building permits or a Street Use permit, and the latter have not expired. Ordinance No. 010-18 Page 22 of 37; SECTION 24. Section 20.139.010 POMC is revised to read as follows: 20.139.010 Applicability. The standards in this chapter shall apply to detached single-family residences (with the exception of mobile homes in a mobile home park existing as of the date of adoption of this Title), accessory buildings (including accessory dwelling units), and duplexes, in any zone in which they are built. For existing structures that are being modified or enlarged, the standards shall only apply to the portions of the structure being modified and to any additions, unless the project valuation exceeds 50% of the taxable value for the structure. When the project valuation exceeds 50% of the taxable value for the structure, the entire structure shall be brought into compliance with this chapter; except that for any portion of the existing building to which an owner is not proposing structural changes, the city shall not require that portion of the existing building to be modified in the following ways (except when required pursuant to the city's building codes): Moving an existing exterior wall; Adding additional windows to an existing exterior wall; Enlarging an existing covered entry; Relocating an existing garage or driveway; Replacing existing siding material; Modifying an existing roofline. SECTION 25. Section 20.140.090 POMC is revised to read as follows: Land disturbing activity—Permit—Issuance; expiration.20.140.090 (1) Issuance. (a) After an application has been filed and reviewed, the Director shall determine that the land disturbing activity complies with the other provisions of this chapter, chapter 20.150 POMC, and all other applicable provisions of this code or request that the application be corrected or amended to comply with the same. (b) No land disturbing activity permit shall be issued until approved by any and all federal, state, and local agencies having jurisdiction, by laws or regulations, pertaining to the Ordinance No. 010-18 Page 23 of 37 proposed work. (c) Upon approval of the application and issuance of the land disturbing activity permit, no work shall be done that is not provided for in the permit. (2) Mitigation. In issuing a land disturbing activity permit, the Director may require measures to mitigate the impacts of the land disturbing activity. (3) Inactivity. An application for a land disturbing activity permit may be canceled for inactivity if an applicant fails, without reasonable justification, to respond to the Director's written request for revisions or corrections within sixty (60) days of receipt of such request. The Director may extend the response period beyond sixty (60) days if the applicant provides and adheres to a reasonable schedule for submitting the full revisions. i (4) Permit expiration. Land disturbing activity permits expire as follows: (a) If a building permit is issued for the same site, the land disturbing activity permit shall automatically expire or be extended when the building permit expires or is extended; or ; (b) If a building permit is not issued for the same site, the land disturbing activity permit shall expire if the authorized work has not begun within 180 days from the date of permit issuance, or if work is abandoned for over sixty (60) consecutive days, unless an extension has been granted. The applicant shall be responsible for notifying the Director, in writing, if delays or unforeseen circumstances are impacting the start or continuation of the work. If the authorized work is continually performed, the permit shall expire one (1) year from the date of issuance, unless a different time frame is specified on the permit or an extension is granted. (5) Permit extensions. Up to two one-year extensions may be granted by the Director; provided, that conditions which were relevant to issuance of the permit have not changed substantially and no material detriment to the public welfare will result from the extension. The applicant shall be responsible for notifying the Director, in writing, if delays or unforeseen circumstances are impacting the completion of the work. An extension may be Ordinance No. 010-18 Page 24 of 37 granted by the Director, provided the applicant provides the following: (a) A written request and applicable fee. The request should be submitted no later than sixty (60) days prior to expiration of the permit; and (b) The applicant's project engineer submits a signed statement certifying that they have reviewed the current physical conditions of the site and such conditions have not changed to a degree as to require a revision to the design of the site in order to remain consistent with the applicable standards and requirements which were in effect at the time of the original land disturbing activity permit approval and the associated land use approval (if any). (6) Failure to pick up permit. When a land disturbing activity permit is ready to be issued, the applicant shall be notified and must pick up the permit within sixty (60) days of notification. If the permit is not picked up within sixty (60) days of notification, it may be canceled by the Director and become null and void. If the permit is canceled, the Director shall notify the applicant by mail. Permit review fees are not refundable for a permit that is canceled due to a failure to pick up. SECTION 26. The definition of "Regulated use or activity" in Section 20.162.044 POMC is revised to read as follows: Regulated use or activity. "Regulated use or activity" means any development proposal which includes or directly affects a critical area or its buffer or occurs within 200 feet of a critical area. SECTION 27. The following definition of "Critical areas" is added to Section 20.162.044 POMC: Critical areas. "Critical areas" includes the following areas and ecosystems, as provided in RCW 36.70A.030: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. Ordinance No. 010-18 Page 25 of 37 SECTION 28. Section 20.162.058 is revised to read as follows: 20.162.058 Application requirements. (1) Application Procedures for New Development. Any new development containing a regulated wetland or its buffer, or within 200 feet of a regulated wetland or its buffer, shall provide the following special reports, as required by the department, prior to any development authorization by the city. If an environmentally sensitive area is within 200 feet of the parcel but not on the parcel, every effort should be made to obtain the required information. The department may require additional reports or information to further identify potential impacts to any part of the environment: (a) Wetland report; (b) Wetland mitigation plan; and (c) Erosion and sedimentation control measures and/or a stormwater or land disturbing activity permit as required by the city's stormwater management regulations. SECTION 29. Section 20.162.074 is revised to read as follows: 20.162.074 Purpose. This chapter applies to all regulated uses included in the critical areas ordinance within 200 feet of areas designated as geologically hazardous areas, as categorized in POMC 20.162.076. The intent of this chapter is to: (1) Provide standards to protect human life and property from potential risks; (2) Control erosion, siltation, and water quality to protect fish and marine shellfish; (3) Provide controls to minimize erosion caused by human activity; (4) Use innovative site planning by placing geologically hazardous areas and buffers in open space and transferring density to more suitable areas on the site. SECTION 30. Section 20.162.076 POMC is revised to read as follows: 20.162.076 Geologically hazardous area categories. The following categories shall be used in classifying geologically hazardous areas: (1) Geologically Hazardous Areas. Ordinance No. 010-18 Page 26 of 37 (a) Areas with slopes greater than 30 percent and mapped by the Coastal Zone Atlas or spatial GIS data provided by the Washington Geologic Information Portal 1as unstable (U), unstable old land slides (UOS) or unstable recent slides (URS). (b) Areas with slopes greater than 30 percent in grade and deemed by a qualified geologist or geotechnical engineer to meet the criteria of U, UOS, or URS. (2) Areas of Geologic Concern. (a) Areas designated U, UOS, or URS in the Coastal Zone Atlas or spatial GIS data provided by the Washington Geologic Information, with slopes less than 30 percent; or areas found by a qualified geologist to meet the criteria for U, URS, and UOS with slopes less than 30 percent; or (b) Slopes identified as intermediate (I) in the Coastal Zone Atlas or spatial GIS data provided by the Washington Geologic Information, or areas found by a qualified geologist to meet the criteria of I; or (c) Slopes 15 percent or greater, not classified as I, U, UOS, or URS, with soils classified by the Natural Resources Conservation Service as "highly erodible" or "potentially highly erodible"; or (d) Slopes of 15 percent or greater with springs or groundwater seepage not identified in subsections (2)(a), (b), or (c) of this section; or (e) Seismic areas subject to liquefaction from earthquakes (seismic hazard areas) such as hydric soils as identified by the Natural Resources Conservation Service, and areas that have been filled to make a site more suitable. Seismic areas may include former wetlands, which have been covered with fill; or; (f) Areas with any indications of earth movement such as debris slides, earthflows, slumps and rock falls; or (g) Areas with artificial oversteepened or unengineered slopes, i.e., cuts or fills; or (h) Areas oversteepened or otherwise unstable as a result of stream incision, stream bank erosion, and undercutting by wave action. (3) Site-Specific Determination - Geological and Geotechnical Report Provisions. Should the applicant question the information the city must rely on to determine whether a location contains a geologically hazardous area or area of geologic concern, the city may ask the applicant to submit the appropriate geotechnical or geologic report to confirm or modify the Ordinance No. 010-18 Page 27 of 37 existing information known about the area. The requirements for these reports are contained in Articles VIII and X of this Chapter. The intent of this provision is to allow obviously nongeologically hazardous sites to be determined as such. Where there is any ambiguity about the potential for geologic hazards whatsoever, the department will require a geotechnical or geological report, rather than make a nongeologically hazardous determination. 1 The Washington Geologic Information Portal is available online at https://www.dn r. wa .gov/geologyporta I. i i SECTION 31. Section 20.162.078 POMC is revised to read as follows:i iI 20.162.078 Development standards. This chapter applies to all regulated uses in this Chapter or within 200 feet of areas designated as geologically hazardous or areas of concern. Permit applications include submittals for clearing, grading and building on property containing geologically hazardous areas. Submittal documents prepared by a licensed engineer may also be required by the department, pursuant to the city's stormwater regulations. (1) Geologically Hazardous Areas and Areas of Geologic Concern. (a) Approval. Where applicable the department will approve, approve with conditions or deny the development proposal based on the department's evaluation of specific site conditions. The department will also consider any proposed mitigation measures included in a geotechnical report, if one is submitted. (b) Public Works Requirements. The applicant shall submit a land disturbing activity permit application to the department. The application and supporting documents shall be completed by a professional engineer licensed in the state of Washington. The submittal documents shall be determined on a site-specific basis. The documents may include any combination of, but not be limited to, construction plans, details and specifications for clearing, grading, erosion and sedimentation control, and stormwater drainage and detailed hydrological, geotechnical, soils, and drainage reports and analyses. (c) Minimum Buffer Requirement. The buffer for all geologically hazardous areas and areas of geologic concern shall include native vegetation from the toe of the slope to 25 feet beyond the top of the slope unless otherwise allowed through a geological report or a site- specific determination. (d) Building/Impervious Surface Setback Requirements. i ; Ordinance No. 010-18 Page 28 of 37 (i) Geologically Hazardous Areas. The minimum building and impervious surface setback from the top of slope shall be equal to the height of the slope (1:1 horizontal to vertical) plus the greater of one-third of the vertical slope height or 25 feet. (ii) Areas of Geologic Concern. A minimum 40-foot building and impervious surface setback shall be maintained from the top of slope. As required in subsection (l)(c) of this section, the 25 feet adjacent to the top of the slope shall be retained as a native vegetation buffer, with an additional minimum 15-foot building and impervious surface setback. The department may decrease the setback when such a setback would result in a greater than 1:1 slope setback or as may be allowed through a geological report or a site-specific determination. (iii) Toe of Slope Building Setback. A geotechnical report may be required for any new construction within 200 feet of a geologically hazardous area. The department will make a determination based on slope height and stability indicators. Where slope hazard indicators are not identified, the requirements of the International Building Code Section 1805 or Section R403 will apply. (e) Buffer and Building Setback Modifications - Report Recommendations. The minimum native vegetation buffer and/or building setback requirement may be decreased if a geotechnical report demonstrates that a lesser distance, through design and engineering solutions, will adequately protect both the proposed development and the erosion hazard and/or landslide hazard area (see Articles VIII and X of this Chapter for geological and geotechnical report requirements). Should the geotechnical report indicate that a greater buffer and/or building setback is required than specified in this section, the greater buffer and/or building setback shall be required. The department may determine through a site visit, a special report or mapping, that an increased buffer and/or building setback is required from the critical area. (f) Time Limitations. For major new development, and where required for minor new development, clearing, and grading, shall be limited to the period between May 1st to October 1st, unless the applicant provides an erosion and sedimentation control plan prepared by a professional engineer licensed in the state of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions. (g) Field Marking Requirements. For major new development, the proposed clearing for the project and all critical area buffers shall be marked in the field for inspection and approval by the department prior to beginning work. Field marking requirements for minor new development will be determined on a case-by-case basis by the department. The field marking of all buffers shall remain in place until construction is completed and final Ordinance No. 010-18 Page 29 of 37 approval is granted by the department. Permanent marking may be required as determined necessary to protect critical areas or their buffers. (h) Cut and Fill Slopes. The faces of all cut and fill slopes shall be protected to prevent erosion as required by the engineered erosion and sedimentation control plan. (i) Development Impact Standards. All discharge of runoff from the development site shall be of like quality, flow rate, and velocity as that which flowed from the site prior to development. In addition, all stormwater flows shall be accepted onto, and shall be discharged from, the development site at the natural or otherwise legally existing locations. The proposed development shall not decrease the slope stability of any area within 200 feet of the property boundary. (j) Development Risk Standard. In cases where a special report indicates a significant risk to public health, safety and welfare, the department shall deny or require revision of the site development proposal. (k) Additional Clearing Standards. (i) Only the clearing necessary to install temporary erosion control measures will be allowed prior to the clearing for roads and utilities construction. (ii) Clearing for roads and utilities shall be the minimum necessary and shall remain within marked construction limits. (iii) Clearing for overhead power lines shall be the minimum necessary for construction and will provide the required minimum clearances of the serving utility. (I) Existing Logging Roads. Where existing logging roads occur in geologically hazardous areas or areas of geologic concern, a geological or geotechnical report may be required prior to use as a temporary haul road or permanent access road under a conversion or COHP forest practices application. (m) Clustering Requirements. The department may require clustering to increase protection to geologically hazardous areas or areas of geologic concern. (n) Vegetation Enhancement. The department may require enhancement of buffer vegetation to increase protection to geologically hazardous areas or areas of geologic concern. (o) Seismic Hazard Area Development Standards. Ordinance No. 010-18 Page 30 of 37 (i) Proposed new development within a seismic hazard area shall be in accordance with the Uniform Building Code (UBC) Earthquake Design Standards for Seismic Risk Zone 3 of Washington State. (ii) Applicants for public and commercial building proposals within seismic hazard areas shall submit a geotechnical report addressing any fill or grading that has occurred on the subject parcel. Any fill placed for such development shall have documented construction monitoring as required by the International Building Code. (iii) All major new development in seismic hazard areas shall require a geotechnical report. Minor new development may also require a geotechnical report, as determined by the department. (iv) The development proposal may be approved, approved with conditions or denied based on the department's evaluation of the proposed mitigation measures to reduce seismic risk. (2) Prohibitions. (a) Critical facilities, as defined in Article II of this Chapter, are prohibited in geologically hazardous areas. (b) In geologically hazardous areas with slopes greater than 80 percent, no development will be allowed either on or within the defined buffer area, unless approved by the department after review of a geotechnical report. The defined buffer zone for geologically hazardous areas is defined in subsection (l)(d) of this section. (c) On-site sewage disposal should be avoided in geologically hazardous areas and their buffers. In cases where such areas cannot be avoided, review by a geologist or a geotechnical engineer licensed in the state of Washington will be required in coordination with the Bremerton-Kitsap County health district. SECTION 32. The first sentence of Section 8.1 of Chapter 20.164 POMC is revised to read as follows: 8.3 Shoreline Exemptions. The Shoreline Administrator shall issue a letter of exemption for a proposed action if any of the criteria below are met or if the action meets any of the criteria provided in WAC 173-27-040(2): SECTION 33. Section 20.182.020 POMC is revised to read as follows: Ordinance No. 010-18 Page 31 of 37 i 20.182.020 Applicability and definitions. (1) Chapter 20.184 POMC includes the definitions for this chapter and Chapter 20.180 POMC on concurrency management. The requirements of this chapter apply to all development in the city, as "development" or "development activity" is defined in POMC 20.12. (2) Mitigation of impacts on parks and transportation facilities located in jurisdictions outside the city will be required when: i )(a) The other affected jurisdiction has reviewed the development's impact under its adopted impact fee/mitigation regulations and has recommended to the city that there be a requirement to mitigate that impact; and (b) There is an interlocal agreement between the city and the affected jurisdiction specifically addressing impact identification and mitigation. SECTION 34. Section 20.182.110 POMC is revised to read as follows: 20.182.110 Time of payment of impact fees. (1) Payment of any required impact fees shall be made as a condition of the issuance of a building permit or a stormwater permit, except as provided in subsection (4) of this section. School impact fees shall be paid to the school district, and the developer shall present the receipt or proof of payment from the school district to the city for issuance of the building permit. (2) Impact fees may be paid under protest in order to obtain the necessary permits/approvals until an appeal of the fee amount is finally resolved. (3) When a subdivision or development is conditioned upon the dedication of land, or the purchase, installation or improvement of park and/or transportation facilities, a final plat or short plat shall not be recorded, and a building permit within such plat or development shall not be issued until: (a) The director has determined in writing that the land to be dedicated is shown on the face of the final plat or short plat, or a deed conveying the land to the city, the school district or special purpose district, as appropriate, has been recorded with the county auditor; and Ordinance No. 010-18 Page 32 of 37 j (b) The director has determined in writing, after consultation with the designated public owner responsible for permanent, continuing maintenance and operation of the facilities that the developer has satisfactorily undertaken or guaranteed to undertake in a manner acceptable to the director or superintendent, any required purchase, installation or improvement of school, park or transportation facilities. i (4) Deferral of Payment of Impact Fees. Payment of impact fees for single-family attached or single-family detached residential dwelling units may be deferred only until issuance of certificate of occupancy or equivalent certification, pursuant to RCW 82.02.050(3), subject to the following provisions: (a) Each applicant, in accordance with his or her contractor registration number or other unique identification number, is entitled to annually receive deferrals under this section for the first 20 single-family residential construction building permits per city. Any single-family residential building construction permits beyond 20 for the same applicant are subject to payment of impact fees at the time of building permit issuance as required by subsection (1) of this section. (b) A request for deferral must be submitted prior to issuance of a building permit. (c) Application for deferral must be made on a form provided by and acceptable to the city and must include the following information and fees: (i) Name, address, telephone number and e-mail address of the applicant. (ii) The specific address, legal description and tax identification number of the single-family dwelling for which deferral is being requested. (iii) The building permit application number associated with the requested deferral. (iv) The registration number or other unique identification number for the contractor that will be building the structure. (v) A statement by the contractor describing how many deferrals have been granted during the current year for said contractor, describing how many have been requested during the current year, and attesting that the number provided and/or requested is less than 20 for the current calendar year. Ordinance No. 010-18 Page 33 of 37 (vi) Applicable fees for processing the application and for future monitoring of the deferred payment of impact fees are required in addition to fees required by this chapter. Deferral application fees shall include: . (A) Minimum of four hours base administration fee, at the hourly staff rate required by the development fee schedule adopted in the city's fee resolution, and payable at the time of application submittal. (B) Minimum of four hours administration fee at the current hourly staff rate to cover additional time spent processing of final payment of impact fees, including but not limited to preparation of lien release documents, payable before the lien release document shall be released to the applicant. (d) No more than one single-family dwelling may be included on a single application for impact fee deferral. (e) Impact fees shall be calculated on the fees in place at the time that the applicant applies for a deferral. (f) Impact fees deferred under this section are due no later than the following events, whichever occur first: (i) Issuance of certificate of occupancy or equivalent certification for the single-family dwelling; or (ii) Eighteen months from the date of the building permit issuance. (g) An applicant seeking a deferral under this subsection must grant and record a deferred impact fee lien against the property in favor of the city of Port Orchard. The deferred impact fee lien must include the legal description, tax account number, and address of the property, and must also be: (i) In a form approved by the city attorney which ensures that it is binding on all successors on the title to the property after recordation; (ii) Signed by all owners of the property, with all signatures acknowledged as required for a deed, and recorded with the Kitsap County auditor's office; and Ordinance No. 010-18 Page 34 of 37 (iii) Junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees. (h) The city may withhold a certificate of occupancy or equivalent certification until the impact fees are paid in full. Upon receipt of final payment of all deferred impact fees for a property, and upon payment of all applicable administration fees in the city's fee resolution, the city must execute a release of deferred impact fee lien for the property. The property owner at the time of the release, at his or her expense, is responsible for recording the lien release. (i) Foreclosure Proceedings. If impact fees are not paid in accordance with a deferral authorized by this section, the city may institute proceedings to enforce the lien in accordance with Chapter 61.12 RCW. (j) Obligation to Pay. The extinguishment of a deferred impact fee lien by the foreclosure of a lien having priority does not affect the obligation to pay the impact fees as a condition of issuance of certificate of occupancy or equivalent certification. (k) Deferral Process Not Subject to Review Proceedings. Per RCW 36.70B.140(2), the processing of an impact fee deferral application is not subject to the project permit review requirements of Chapter 36.70B RCW. SECTION 35. Section 20.206.010 POMC is revised to read as follows: 20.206.010 Definitions. For purposes of this chapter, the following definitions apply: (1) "Administrative summary" means the "Kitsap County Fire Safety Advisory Committee Report" dated June 28,1999. The administrative summary was used as a basis for development of this chapter and shall be used for guidance in interpreting it. (2) "Approved" means approved by the chief unless other specified. (3) "Chief" means the Port Orchard fire authority. (4) "Dwelling unit" means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the International Ordinance No. 010-18 Page 35 of 37 ; i Building Code, for not more than one family, or a congregate residence which accommodates 10 or fewer persons. (5) "Fire authority" means Kitsap County Fire District No. 7 as appointed and recognized by Ordinance 1697, as codified in Chapter 2.12 POMC. (6) "Fire department" means the Port Orchard fire authority. (8) "Fire safety matrix" means the assessment tool, attached to the ordinance codified in this chapter as Appendix A and incorporated herein by reference, used by fire authority personnel to evaluate Level III buildings to determine appropriate fire protection features based upon an assigned point value and number of dwelling units. (9) "Floors" means the number of levels in a building, including any basement. (10) "Group R, Division 1 building" means a hotel or motel, an apartment building or congregate residence, including condominiums, referred to as R-l. (11) "Level I building" means all Group R, Division 1 buildings less than three floors in height and more than four dwelling units. (12) "Level II building" means all Group R, Division 1 buildings three or more floors in height and less than 17 dwelling units. (13) "Level III building" means all Group R, Division 1 buildings three or more floors in height and 17 or more dwelling units. (14) "Owner" means the owner of record of a Group R, Division 1 building. SECTION 36. Section 20.206.040 POMC is revised to read as follows: 20.206.040 Appeals. The Port Orchard Building Code Board of Appeals is the designated board of appeals for this chapter. Guided by Section 103 of the International Fire Code, the board of appeals shall determine the suitability of alternate materials and/or methods and provide for reasonable interpretations of the provisions of this chapter. The chief shall be notified of all appeals under this chapter. On request by the board of appeals, the Fire Marshal shall review appeals and provide recommendations thereon to the board of appeals. Ordinance No. 010-18 Page 36 of 37 SECTION 37. Section 20.208.010 is revised to read as follows: 20.208.010 Duty of owner. It shall be the duty of every owner, agent, lessor or occupant of every house or other buildings which are part of the same property with a numbered house or building, to place on such building its proper street number. Such numbers shall be placed on such house or building within 30 days from the time the owner, agent or occupant receives written notice from the city addressing technician of the numbers assigned to the house or building. SECTION 38. 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 39. 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 40. 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 13th day of March, 2018. Robert Putaansuu, Mayor ATTEST: ■ or; I i SEAL ; J &/ i Brandy Rinearson,:, Cityxlerk Ordinance No. 010-18 Page 37 of 37 SPONSOR:APPROVED AS TO FORM: Scott Diener, Councilmemberron Cates, City Attorney March 23, 2018PUBLISHED: EFFECTIVE DATE: March 28, 2018 NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held March 13, 2018. ORDINANCE NO. 010-18 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. Copies of Ordinance No. 010-18 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. Thirty days after publication, copies of Ordinance No. 010-18 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, March 23, 2018