045-16 - Ordinance - Amending Title 16 Land Use Regulatory CodeORDINANCE NO.045-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT
ORCHARD MUNICIPAL CODE TITLE 16 (LAND USE REGULATORY CODE); PROVIDING
FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the Washington State Department of Ecology ("Ecology") administers federal
Municipal National Pollutant Discharge Elimination System ("NPDES") permit requirements in
western Washington through its adopted Western Washington Phase II Permit ("Permit"); and
WHEREAS, in 2012, Ecology issued an updated Permit to be effective from August 1,
2013, through July 31, 2018. The updated Permit has built upon the requirements and
programs developed under the original Permit and requires jurisdictions, including the City of
Port Orchard ("City"), to revise their local development codes, rules, and standards to
incorporate and require Low Impact Development (LID) principles and LID Best Management
Practices (BMPs) ("LID Updates"), no later than December-31, 2016; and -- -
WHEREAS, the City has prepared amendments to Title 16, Land Use Regulatory Code, of
the Port Orchard Municipal Code ("POMC") to comply with Ecology's directive; and
WHEREAS, the City has also included several housekeeping items, including minor
clarifications and corrections, within Title 16; and
WHEREAS, on November 7, 2016, the City provided required 14-day expedited notice of
its intent to amend its development regulations to the Department of Commerce; and
WHEREAS, on November 11, 2016, the City's SEPA official issued a determination of
non -significance for the proposed amendments and there have been no appeals; and
WHEREAS, on December 6, 2016, the Port Orchard Planning Commission held a duly -
noticed public hearing on the proposed amendments wherein public testimony was received,
the Planning Commission reviewed the proposed amendments to the POMC, and forwarded a
recommendation to the city council to approve the proposed amendments as proposed; and
WHEREAS, the proposed amendments to Title 16 of the POMC are consistent with the
goals, objectives, and policies of the City's comprehensive plan; and
WHEREAS, the City Council of the City of Port Orchard, upon review of the facts,
findings, and recommendations of the Port Orchard Planning Commission, and after reviewing
Ordinance No. 045-16
Page 2 of 56
information provided by City staff, find that all applicable and substantive requirements of the
law have been met, that the adoption of this ordinance promotes the public health, safety, and
general welfare of the community, and that the adoption of this ordinance serves the public
interest.
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. A new subsection 16.01.040(7) is added to the Port Orchard Municipal Code
as follows:
-16.01.040 Interpretation.
(7) Low Impact Development. No requirement of this title shall be interpreted or applied
in such a way as to impose a barrier to Low Impact Development. All requirements of this Title
that have an effect on use of Low Impact Development may be met using functionally
equivalent Low Impact Development practices as specified in the Stormwater Permit, the
Stormwater Manual, or any Low Impact Development general specifications adopted by the
City.
SECTION 3. A new section 16.08.335 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.335 Hard Surface.
"Hard surface" shall mean an impervious surface, a permeable pavement, or a
vegetated roof.
SECTION 4. A new section 16.08.349 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.349 Healthy soil.
"Healthy soil" shall mean soil that is of good quality with the capacity to sustain plant,
animal, and human life by providing nutrients, air and water space to infiltrate, pollutant
absorption and filtering, and habitat.
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SECTION S. Section 16.08.388 of the Port Orchard Municipal Code is hereby amended to
read as follows:
16.08.388 Impervious surface.
"Impervious surface" shall mean a non -vegetated hard or compacted surface area which
either prevents or retards the entry of water into the soil mantle as it entered under natural
conditions preexistent to development, or a non -vegetated hard or compacted surface area
which causes water to run off the surface in greater quantities or at an increased rate of flow
from that present under natural conditions preexistent to development. Common impervious
surfaces include, but are not limited to, rooftops, concrete or asphalt paving, paved walkways,
patios, compacted gravel, driveways, parking lots and storage areas, packed earthen materials,
and oiled, macadam, or other surfaces which similarly impede the natural infiltration of surface
water.
SECTION 6. A new section 16.08.450.2 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.450.2 Low Impact Development (LID).
"Low impact development" shall mean a stormwater and land management strategy
that strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage,
evaporation, and transpiration by emphasizing conservation, use of on -site natural features,
site planning, and distributed stormwater management practices that are integrated into a
project design.
SECTION 7. A new section 16.08.450.4 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.450.4 Low Impact Development Best Management Practices (BMPs).
"Low impact development best management practices" shall mean distributed
stormwater management practices integrated into a project design that emphasize pre -
disturbance hydrologic processes of infiltration, filtration, storage, evaporation, and
transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable
pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs,
minimum excavation foundations, and water re -use.
Ordinance No. 045-16
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SECTION 8. A new section 16.08.450.6 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.450.6 Low Impact Development Principles.
"Low impact development principles" shall mean land management strategies that
emphasize conservation, use of onsite natural features, and site planning to minimize
impervious surfaces, native vegetation loss, and stormwater runoff.
SECTION 9. A new section 16.08.563.5 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.563.5 Pervious surface.
"Pervious surface" shall mean a surface material that allows stormwater to infiltrate
into the --ground. Examples include, but are not limited to, lawn, -Landscape, pasture, native - -
vegetation area, and permeable pavements.
SECTION 10. A new section 16.08.603 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.603 Protected area.
"Protected area" shall mean all land where no construction activity, tree removal,
vegetation removal, or soil compaction is allowed and includes the critical root zone of those
trees to be preserved.
SECTION 11. A new section 16.08.789 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.789 Tree, Vegetation, and Soil Protection Area.
"Tree, Vegetation and Soil Protection Area" shall mean a separate tract of land, which
may or may not be deeded as such, specifically set aside for the preservation of healthy soil and
the preservation or planting of existing and/or native vegetation and trees. Stormwater
retention/detention facilities, critical area buffers and other common areas may be considered
TVSPA if they currently or are improved to an extent where they can support healthy soils and
the growth of native vegetation and trees. The purpose of these areas for preserving healthy
soils, preserving and/or planting native vegetation and trees is stated on the face of the plat
when applicable.
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SECTION 12. Section 16.08.812 of the Port Orchard Municipal Code ("Vegetation —
Native") is hereby repealed.
SECTION 13. A new section 16.08.349 of the Port Orchard Municipal Code is hereby
added to read as follows:
16.08.3.49 Healthy soil.
"Healthy soil" shall mean soil that is of good quality with the capacity to sustain plant,
animal, and human life by providing nutrients, air and water space to infiltrate, pollutant
absorption and filtering, and habitat.
SECTION 14. Section 16.08.388 of the Port Orchard Municipal Code is hereby amended
to read as follows:-- - --
16.08.388 Impervious surface.
"Impervious surface" shall mean a non -vegetated hard or compacted surface area which
either prevents or retards the entry of water into the soil mantle as it entered under natural
conditions preexistent to development, or a non -vegetated hard or compacted surface area
which causes water to run off the surface in greater quantities or at an increased rate of flow
from that present under natural conditions preexistent to development. Common impervious
surfaces include, but are not limited to, roof tops, concrete or asphalt paving, paved walkways,
patios, compacted gravel, driveways, parking lots and storage areas, packed earthen materials,
and oiled, macadam, or other surfaces which similarly impede the natural infiltration of surface
water.
SECTION 15. A new section 16.08.450.2 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.450.2 Low Impact Development (LID).
"Low impact development" shall mean a stormwater and land management strategy
that strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage,
evaporation, and transpiration by emphasizing conservation, use of on -site natural features,
site planning, and distributed stormwater management practices that are integrated into a
project design.
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SECTION 16. A new section 16.08.450.4 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.450.4 Low Impact Development Best Management Practices (BMPs).
"Low impact development best management practices" shall mean distributed
stormwater management practices integrated into a project design that emphasize pre -
disturbance hydrologic processes of infiltration, filtration, storage, evaporation, and
transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable
pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs,
minimum excavation foundations, and water re -use.
SECTION 17. A new section 16.08.450.6 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.450.6 Low Impact Development Principles.
"Low impact development principles" shall mean land management strategies that
emphasize conservation, use of onsite natural features, and site planning to minimize
impervious surfaces, native vegetation loss, and stormwater runoff.
SECTION 18. A new section 16.08.563.5 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.563.5 Pervious surface.
"Pervious surface" shall mean a surface material that allows stormwater to infiltrate
into the ground. Examples include, but are not limited to, lawn, landscape, pasture, native
vegetation area, and permeable pavements.
SECTION 19. A new section 16.08.603 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.603 Protected area.
"Protected area" shall mean all land where no construction activity, tree removal,
vegetation removal, or soil compaction is allowed and includes the critical root zone of those
trees to be preserved.
Ordinance No. 045-16
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SECTION 20. A new section 16.08.789 of the Port Orchard Municipal Code is hereby
added as follows:
16.08.789 Tree, Vegetation, and Soil Protection Area.
"Tree, Vegetation and Soil Protection Area" (TVSPA) shall mean a separate tract of land,
which may or may not be deeded as such, specifically set aside for the preservation of healthy
soil and the preservation or planting of existing and/or native vegetation and trees. Stormwater
retention/detention facilities, critical area buffers and other common areas may be considered
TVSPA if they currently or are improved to an extent where they can support healthy soils and
the growth of native vegetation and trees. The purpose of these areas for preserving healthy
soils, preserving and/or planting native vegetation and trees is stated on the face of the plat
when applicable.
SECTION 21.- Section --16.20.604 of the -Port Orchard Municipal -Code is hereby amended -
to read as follows:
16.20.604 TRMT — Project application requirements.
(1) In order to develop property in the TRMT zone, a property owner must obtain, at a
minimum, a stormwater drainage permit and a building permit as required by POMC Title 15. A
property owner may submit these permit applications separately or concurrently, but a building
permit will not be issued prior to approval of the stormwater drainage permit and/or land
disturbing activity permit.
SECTION 22. Section 16.20.605 of the Port Orchard Municipal Code is hereby amended
to read as follows:
16.20.605 TRMT — Review process.
The permit processing requirements for stormwater drainage permit applications are
described in Chapter 15.32 POMC. The permit processing requirements for land disturbing
activity permit applications are described in Chapter 15.34 POMC. The permit processing
requirements for building permit applications are described in POMC Title 15.
Ordinance No. 045-16
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SECTION 23. Chapter 16.40 of the Port Orchard Municipal Code is hereby amended to
read as follows:
Chapter 16.40
DEVELOPMENT STANDARDS —DENSITY AND DIMENSIONS
16.40.010
Purpose.
16.40.020
Interpretation of table.
16.40.025
Densities and dimensions.
16.40.030
Measurement methods.
16.40.040
Calculations — Net useable site area.
16.40.050
Calculations — Allowable dwelling units.
16.40.060
Density credits.
16.40.070
Lot area — Reduction prohibited.
-16.40.080
-Setbacks --Modifications. -- - -
16.40.090
Setbacks — Regional utility corridors.
16.40.100
Setbacks — Alleys.
16.40.110
Setbacks — Adjoining half -street rights -of -way.
16.40.120
Setbacks — Projections allowed.
16.40.130
Heights — Exceptions to limits.
16.40.010 Purpose.
The purpose of this chapter is to establish basic dimensional standards for development
in relation to residential density, as well as specific rules for general application. These
standards and rules are established to provide flexibility in project design, provide solar
access, and maintain privacy between adjacent uses.
16.40.020 Interpretation of table.
(1) The table in POMC 16.40.025 contains general density and dimension standards for
the various zones within the City, as well as limitations specific to a particular zone(s).
Additional rules, exceptions, and methodologies relating to density and dimension are
set forth in this chapter.
(2) The densities and dimensions table in POMC 16.40.025 is arranged in a matrix
format. Development standards are listed down the left side of the table, and the zones
are listed at the top. The matrix cells contain the minimum dimensional requirements of
the zone. The parenthetical numbers in the matrix identify specific requirements
Ordinance No. 045-16
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applicable to a specific use or zone. A blank box indicates that the standard does not
apply in that situation. If more than one standard appears in a cell, each standard will be
subject to any applicable parenthetical footnote following the standard. See Table
16.40.025, Densities and Dimensions.
Ordinance No. 045-16
Page 10 of 56
Table 16.40.025 — Densities and Dimensions
ZONES
Greenbel
Residen
Residen
Residen
Residen
t
tial —
tial —
tial —
tial —
Commer
Mixe
Employm
including
4.5
8.0
12.0
20.0
cial
Business
d
ent
Commu
Conserva
Units/N
Units/N
Units/N
Units/N
Retail
Professi
Use
Industria
nity
Faci
acilitie
tion and
et
et
et
et
and
onal
Distr
I and
Open
Useable
Useable
Useable
Useable
Office
ict
Office
s
Space
Acre
lAcre
Acre
Acre
Gb
R4.5
R8
R12
R20
Co
BP
Mxd
Eo
Cf
STANDAR
DS
Density (dwelling units/gross
useable acres)
Maximum
30.0
density
0.5
4.5
8.0
12.0
20.0
12.0
(22)
__
_
__ — -
(22)
-
Minimum
lot size
6,000
5,445
3,630
2,178
3,630
(13)(14)
Minimum setback in feet
Street
right -of-
30
15
15
15
15
10
10
10
30 (12)
15
way (1)(11)
Side yard
5
5
5
5
5
5
Rear yard
10
10
10
10
10
5
(9)
Corner lot
rear yard
5
5
5
5
5
5
From
adjacent
5
5
5
20
20
residential
zoning (2)
From
adjacent
nonreside
5
5
5
5
5
ntial
zoning
(2)(3)
Maximum site
coverage in percent of net useable acres
Ordinance No. 045-16
Page 11 of 56
Maximum
impervious
15%
45%
75%
85%
85%
85%
95%
95%
85%
95%
surface (4)
Landscape
d area —
85%
55%
25%
15%
15%
15%
5%
5%
15%
5%
Softscape
(5)
Landscape
re a d a —
reape
15%
5%
5%
15%
5%
Har(6)
Maximum building height
in feet
Standard
maximum
33
33
33
33
33
33
33
33
33
33
allowed-(7)
Within
view
protection
15
15
15
15
15
27
27
27
27
27
district
(8)(15)
Downtown
overlay
district —
North side
27
27
27
27
27
27
27
27
27
27
of Bay
Street
(16)(18)(21
Downtown
overlay
district —
South side
39
39
39
39
39
39
39
39
39
39
of Bay
Street
(17)(18)(21
Downtown
overlay
district
39
39
39
39
39
39
39
39
39
39
gateways —
Bethel
Ordinance No. 045-16
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Avenue
(19)(21)
Downtown
overlay
district
gateways —
North side
27
27
27
27
27
27
27
27
27
27
of Bay
Street
(16)(18)(21
Downtown
overlay
district
gateways —
South side
39
39
39
39
39
39
39
39
39
39
of Bay
Street
(17)(18)(21
Downtown
overlay
district
27
27
27
27
27
27
27
27
27
27
(20)(21)
1. Measured from the existing edge of a street right-of-way. Applies to front yards,
corner lots, and through lots.
2. From side or rear site or property boundary line. May be zero feet minimum within
the mixed use district in the downtown area as allowed by the International Building
Code (IBC).
3. May be zero lot line if structures meet IBC fire code and emergency access.
4. Useable acreage covered by buildings, roads, parking lots, and other built
improvements. Mixed use developments within the downtown district may achieve 95
percent site coverage. Mixed use outside of downtown shall be no more than 85
percent site coverage.
5. Softscape may include perimeter buffers, parking lot plantings, and other landscape
with soil or other natural surfaces.
6. Hardscape may include patios, plazas, entryways, and other paved or hard surfaced
pedestrian/landscaped areas in lieu of softscape. Unless hardscape surfaces are
Ordinance No. 045-16
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constructed with permeable materials, the hardscape surface area shall be included in
calculating the maximum impervious surface percentage.
7. Building height is measured to the roof drip line at any point around the structure
from the lowest point of the finished grade, unless a fire protection plan is approved by
both the city development director and the fire authority.
8. View protection districts are established separately by city council resolution.
Additional height may be allowed as a conditional use. Refer to POMC 16.40.030 and
view protection overlay district standards, POMC 16.20.700 through 16.20.713.
9. Except as defined in POMC 16.40.100.
10. All lot sizes are measured in square feet unless a planned residential development
has been approved.
11. If required parking is served by an alley, residential street setbacks may be reduced
to 10 feet. Ten -foot front yard setback also applies to residential flag lots measured
from the property line closest to the main entrance to the residence.
- 12. Forevery-10 feet of building height over 33 feet, an-additional-10 feet ofstreet
setback shall be provided.
13. Plats recorded prior to 1910 as identified in the appendix are exempt from the
minimum required lot size. Instead, minimum lot size shall be 5,000 square feet or any
single lot of record in separate ownership on August 28, 1972.
14. See small lot development standards.
15. For purposes of the view protection overlay district, building height shall be
measured to the mid -line of the roof from the elevation of the uphill property line.
16. Maximum building height may be increased from 27 feet up to a maximum of 39
feet through conditional use permit approval.
17. Maximum building height may be increased from 39 feet up to a maximum of 55
feet through conditional use permit approval.
18. For the purposes of those lots abutting Bay Street within the downtown overlay
district, building height shall be measured from the existing Bay Street elevation.
19. Maximum building height may be increased from 39 feet up to a maximum of 55
feet through conditional use permit approval. Building height shall be measured from
the existing elevation of Bethel Avenue at the parcel's frontage.
20. Maximum building height may be increased from 27 feet up to a maximum of 39
feet through conditional use permit approval. Building height shall be measured from
the uphill elevation of either the existing or finished grade, whichever is lower, at the
foundation or slab. Average uphill elevation shall be used if not level.
21. Building height shall be measured to the highest point of the structure or any
appurtenance of the structure.
22. The maximum density allowed in the mixed use zone within the central downtown
overlay district shall be 48 units per acre.
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16.40.030 Measurement methods.
The following provisions shall be used to determine compliance with this chapter:
(1) Street setbacks shall be measured from the existing edge of public rights -of -way,
improved or unimproved.
(2) Structure height shall be measured from the uphill elevation of the finished grade at
the slab or foundation, whichever is lower, to the highest point on the structure roof. If
the uphill elevation is not level, then the average uphill elevation shall be the
measurement basis.
(3) Lot area shall be the total horizontal land area contained within the boundaries of a
lot.
(4) Impervious surface calculations shall not include areas of turf, softscape landscaping,
natural vegetation, or surface water retention/detention facilities.
16.40.035 Calculations —Minimum and maximum density.
(1) The minimum density shall be calculated by multiplying the development's subject
site net useable site area, as calculated pursuant to POMC 16.40.040, by the minimum
number of dwelling units required in the applicable zoning district.
(2) The maximum density shall be calculated by multiplying the development's subject
site net useable site area, as calculated pursuant to POMC 16.40.040, by the maximum
number of dwelling units allowed in the applicable zoning district.
(3) The units associated with assisted living, congregate care, nursing home, residential
care facilities and the like, that rely on shared cooking/dining facilities, will not be
counted for purposes of the minimum/maximum density calculation. Independent
dwelling units (i.e., containing a bed, bathroom, and a kitchen with a sink, stove, and
refrigerator) in such group living residential uses, however, shall be counted as
individual dwelling units in the density calculation. The density for non -independent
dwelling units shall not be transferred to another portion of the development.
16.40.040 Calculations — Net useable site area.
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The net useable site area is the development subject site's total (gross) site area minus
areas for public rights -of -way, private road easements, designated critical areas and
buffer protection, and stormwater management facilities; but not including parks and
public or private recreation facilities dedicated or created as an integral part of the
development.
16.40.050 Calculations - Allowable dwelling units.
Permitted number of units shall be determined as follows:
(1) The maximum allowed number of dwelling units shall be computed by multiplying
the net useable site area by the applicable residential density.
(2) When calculations result in a fraction, the fraction shall be rounded to the nearest
- - whole -number -as follows:- - -
(a) Fractions of 0.50 or above shall be rounded up; and
(b) Fractions below 0.50 shall be rounded down.
16.40.060 Density credits.
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. 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 slopes, landslide hazard areas,
wetlands, and required buffers for any critical area according to the following table:
Percent of Site in
Buffers and/or
Density
Critical Areas
Credit (percent)
(percent)
1- 10
100
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Percent of Site in
Buffers and/or
Critical Areas
(percent)
Density
Credit (percent)
11— 20
90
21— 30
80
31— 40
70
41— 50
60
51— 60
50
61— 70
40
71— 80
30
81— 90
20
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).
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(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).
(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.
16.40.070 Lot area — Reduction prohibited.
Any portion of a lot that was required to calculate and ensure compliance with the
standards and regulations of this chapter shall not be subsequently subdivided or
segregated from such lot.
16.40.080 Setbacks — Modifications.
The following setback modifications are permitted:
(1) When the common property line of two lots is covered by a building(s), the setbacks
required by this chapter shall not apply along the common property lines.
(2) When a lot is located between lots with structures having nonconforming street
setbacks, the required street setback for such middle lot may be the average of the two
nonconforming setbacks or 60 percent of the required street setback, whichever results
in the greater street setback.
16.40.090 Setbacks — Regional utility corridors.
(1) In subdivisions and short subdivisions, areas used as regional utility corridors as
identified in this code shall be contained in separate tracts.
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(2) In other types of land development permits, easements shall be used to delineate
such corridors.
(3) All buildings shall maintain a minimum distance of five feet from property or
easement lines delineating the boundary of regional utility corridors, except for utility
structures necessary to the operation of the utility corridor and/or as required by the
Department of Health.
16.40.100 Setbacks — Alleys.
(1) Structures may be built no closer than 15 feet from the center line of an abutting
alley.
(2) Vehicle access points from garages, carports or fenced parking areas shall be set back
a minimum of 10 feet from the alley property line to provide a driving surface.
16.40.110 Setbacks — Adjoining half -street rights -of -way.
In addition to providing the standard street setback, a lot adjoining a half -street right-of-
way or designated arterial shall provide an additional width of street setback sufficient
to accommodate construction of the future planned right-of-way.
16.40.120 Setbacks — Projections allowed.
Projections complying with the adopted International Building Code may extend into the
required setbacks as follows:
(1) On ground and upper floor uses in all districts and on upper floor uses only in the
mixed use district (Mxd) in the downtown area — fireplace structures, bay or garden
windows, enclosed stair landings, closets, or similar structures may project into any
setback, provided such projections are:
(a) Limited to two per facade;
(b) Not wider than seven feet; and
(c) Not more than 24 inches into an interior setback or 24 inches into a street setback.
(2) Uncovered porches and decks which exceed 18 inches above the finished grade may
project:
Ordinance No. 045-16
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(a) Twenty-four inches into interior setbacks; and
(b) Six feet into the street setback except where the allowable setback is zero feet as in
the mixed use district within the downtown area.
(3) Uncovered porches and decks not exceeding 18 inches above the finished grade may
project to the property line.
(4) Roof eaves, including any part of a roof structure whether unsupported or supported
by diagonal bracing to the building, must be more than seven feet above finished grade
and may not project more than:
(a) Twenty-four inches into an interior setback including within a zero lot line
development; or
(b) Twenty-four inches into a street setback except where the allowable setback is zero
feet as in the mixed use district within the downtown area.
(5) Fences with a height of six feet or less may project into any setback; provided, that
the sight distance requirements are maintained along street corridors.
16.40.130 Heights — Exceptions to limits.
The following structures may be erected above the height limits:
(1) Roof structures housing or screening the following: elevators, fire access stairways,
tanks, ventilating fans, fire or parapet walls, skylights, or similar equipment required for
building operation and maintenance; and
(2) Flagpoles, chimneys, smokestacks, church steeples, clock towers, communication
transmission structures, utility line towers and poles, and similar structures.
SECTION 24. Chapter 16.45 of the Port Orchard Municipal Code is hereby amended to
read as follows:
Chapter 16.45
DEVELOPMENT STANDARDS —PARKING AND CIRCULATION
16.45.100 Off-street parking design standards.
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(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:
(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:
(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.
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(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 25. Chapter 16.50 of the Port Orchard Municipal Code is hereby
amended to read as follows:
Chapter 16.50
DEVELOPMENT STANDARDS —LANDSCAPING
16.50.010 Purpose.
16.50.020 Applicability.
16.50.030 Exempt areas.
16.50.032 Landscape materials.
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16.50.035 Integration with LID stormwater management facilities.
16.50.040 General landscape requirements.
16.50.050 Alternative landscape options.
16.50.060 Irrigation.
16.50.070 Landscape installation —Timing.
16.50.080 Urban streetscape/pedestrian boardwalk corridors.
16.50.090 Roadway corridors and street frontages.
16.50.100 Buffers and urban buffers.
16.50.110 Walkway and trail corridors.
16.50.120 Greenways.
16.50.130 Street trees.
16.50.140 Buildings and yards.
16.50.150 Screening.
16.50.160 Parking lots.
16:50.180 Significant tree retention.
16.50.190 Significant tree retention plan.
16.50.200 Incentives for retaining significant trees.
16.50.210 Protecting significant trees.
16.50.220 Replacement of significant trees.
16.50.230 Tremont Street corridor overlay district landscape standards
(TRMT).
16.50.231
TRMT landscape standards — Generally.
16.50.232
TRMT landscape as buffering.
16.50.234
TRMT landscape area ratio.
16.50.236
TRMT landscape irrigation.
16.50.237
TRMT landscape maintenance.
16.50.238
TRMT landscape sizes.
16.50.239
TRMT landscape spacing.
16.50.240
Downtown overlay district landscape standards (DOD).
16.50.290
Maintenance.
16.50.295
Bonds and security.
16.50.296
Landscape design requirements.
16.50.297
Suggested landscape materials.
16.50.010 Purpose.
(1) The purpose of this chapter is to preserve the aesthetic character of the
community, improve the aesthetic quality of the built environment, promote
retention and protection of existing native vegetation, reduce the impacts of
Ordinance No. 045-16
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development on storm drainage systems and natural habitats, and increase
privacy for residential zones.
(2) These goals are established through standards that:
(a) Provide visual relief from large expanses of parking areas and reduce
perceived building scale;
(b) Provide physical separation between residential and nonresidential areas;
(c) Provide visual screens and barriers as a transition between differing land
uses;
(d) Retain existing vegetation and significant trees by incorporating them into
the site design; - --
(e) Promote the use of native and drought -tolerant plant materials; and
(f) Provide areas of permeable surface to allow for infiltration of surface water
into groundwater resources, reduce the quantity of stormwater discharge, and
improve the quality of stormwater discharge.
16.50.020 Applicability.
(1) All development shall be subject to the landscaping provisions and
requirements of this chapter; provided, that specific landscaping and tree
retention provisions for uses established through a subdivision, short
subdivisions, binding site plan, or conditional use permit application shall be
determined during the application review process.
(2) Landscaping standards referenced in POW 16.50.230 through 16.50.239
shall be applicable within the Tremont Street corridor overlay district (TRMT).
(3) Landscaping standards referenced in POW 16.50.240 shall be applicable
within the Downtown overlay district (DOD).
16.50.030 Exempt areas.
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Development along both sides of Bay Street from the crosswalk at Harrison
Avenue to Orchard Avenue is exempt from the landscaping requirements of this
chapter.
16.50.032 Landscape materials.
Recommended species/variations of suitable landscape plants are shown in
Table 16.50.297, Suggested Landscape Materials. An applicant may select from
the suggested list or propose other alternative planting materials based on the
objectives for the landscape zones outlined in this chapter. All proposed
landscape plantings within these zones shall be reviewed and approved by the
Director or his or her designee.
16.50.035 Integration with LID stormwater management facilities.
The required landscape design requirements in this chapter may be integrated
with LID stormwater management facilities and BMPs unless site and soil
conditions make LID infeasible, subject to the approval of the Director and Public
Works Department. LID facilities shall not compromise the purpose or intent of
required landscaping and landscaping shall not result in the disruption of the LID
facilities' functions. LID facilities shall be designed and constructed in
accordance with the LID Technical Guidance Manual for Puget Sound (current
edition).
16.50.040 General landscape requirements.
Landscape designs shall conform to the following provisions:
(1) New landscaping materials shall include native or ornamental species that
have adapted to the climatic conditions of the coastal region of the Pacific
Northwest. Required minimums are indicated in Table 16.50.296, Landscape
Design Requirements.
(2) New landscape materials shall include drought -tolerant species, except
where site conditions within the required landscape areas assure adequate
moisture for growth.
(3) Existing vegetation may be used to augment new plantings to meet the
standards of this chapter.
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(4) Trees shall have a caliper of the dimensions shown in Table 16.50.296,
Landscape Design Requirements, measured four feet above ground level at the
time of planting. The caliper may be averaged, but no individual tree shall have a
caliper of less than 75 percent of the requirement.
(5) When the width of any landscape strip is 20 feet or greater, the required
trees shall be staggered in two or more rows.
(6) Shrubs shall be at least one gallon in size and of the minimum inches in height
at the time of planting shown in Table 16.50.296, Landscape Design
Requirements.
(7) Ground covers shall be planted and spaced to result in total coverage of the
- -- required landscape area within the number of years indicated in Table —
16.50.296, by using four -inch pots at 18 inches on center, or one gallon or
greater sized containers at 30 inches on center.
(8) Grass may be used as a ground cover only in urban buffer parking lots or
filtered areas; provided, that the grass area constitutes no more than 30 percent
of such landscape areas.
(9) Grass and ground cover areas shall contain at least two inches of composted
organic material at finish grade. Existing soils shall be augmented with a two-inch
layer of fully composted organic material rototilled a minimum of six inches in
depth.
(10) Berms should not exceed a slope of two horizontal feet to one vertical foot
(2:1), unless there are extenuating circumstances.
(11) Landscape areas shall be covered with two to three inches of mulch. Mulch
shall consist of materials such as yard waste, sawdust, and/or manure that is
fully composted.
(12) Required street landscaping may be placed within Port Orchard street
rights -of -way subject to the Port Orchard road design standards and with the
permission of the city engineer.
16.50.050 Alternative landscape options.
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The following alternative landscape options may be permitted only if they
accomplish equal or better levels of screening and are subject to the review and
approval of the planning director:
(1) Total required landscape and tree retention area will not exceed 15 percent
of site area.
(2) The width of the perimeter buffer landscape strip may be reduced up to 25
percent along any portion where berms at least three feet in height or
architectural barriers at least six feet in height are incorporated into the
landscape design, or the landscape materials are incorporated elsewhere on -site.
(3) Perimeter landscaping may be reduced up to 25 percent when a
development retains an additional 10 percent of the existing significant trees or -
10 significant trees per acre on -site (above the requirements for tree retention
defined within this chapter), whichever is greater.
(4) The landscaping requirement may be modified when existing conditions on or
adjacent to the site, such as significant topographic differences, vegetation,
structures or utilities would render application of this chapter ineffective or
result in scenic view obstruction.
(5) Within the mixed use district (Mxd) areas subject to a requirement for an
urban streetscape/pedestrian boardwalk design, roadway corridor buffering is
waived provided the applicant complies with the requirements for street trees,
pedestrian pavings, furnishings, and other amenities.
(6) When an existing structure precludes installation of the total amount of
required site perimeter landscaping, such landscaping material shall be
incorporated on another portion of the site.
(7) Creative designs using groupings of trees may be utilized.
16.50.060 Irrigation.
(1) Except for areas of undisturbed existing vegetation or low areas with existing
high soil moisture conditions, landscape areas shall have temporary irrigation
Ordinance No. 045-16
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systems. Such systems may be removed after 24 months or two growing
seasons, whichever occurs first; provided, that the plantings are established.
(2) Areas of undisturbed existing vegetation, or areas where existing site
conditions assure adequate soil moisture for growth within the required
landscape area, shall have temporary irrigation systems only as required to
sustain new plantings and shall be determined on a case -by -case basis by the
planning director.
(3) Areas of undisturbed existing vegetation, low areas with existing high soil
moisture conditions, or landscape areas consisting of drought -tolerant
vegetation may not require permanent irrigation systems. Permanent irrigation
systems may be permitted within all other required landscape areas, provided
such systems shall be designed with:
(a) Moisture or precipitation sensors;
(b) Automatic timers set for operation during periods of minimum evaporation
and that assure adequate moisture levels;
(c) Head -to -head spacing, if sprinkler heads are proposed;
(d) Backflow prevention devices; and
(e) Separate irrigation zones for turf and planting beds, and other nondrought-
tolerant species.
16.50.070 Landscape installation — Timing.
Landscaping shall be installed no later than five months after issuance of a
temporary certificate of occupancy for the project or project phase. The time
limit for compliance may be extended to allow landscape installation during the
next appropriate planting season.
16.50.080 Urban streetscape/pedestrian boardwalk corridors.
(1) Urban streetscape and pedestrian boardwalk corridors are the public right-of-
way spaces to be improved for pedestrian walking, shopping, eating, and similar
activities in front of retail stores and mixed use structures. The urban
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streetscape/pedestrian boardwalk corridors shall be as defined in the design
overlay districts in this code.
(2) Urban streetscape/pedestrian boardwalk areas shall be landscaped to
provide and maintain a design theme that may emphasize a selection of
street trees, lighting standards, directional signage, furnishings, pavings,
landscape materials, or other major components to be specified within the
design overlay districts.
16.50.090 Roadway corridors and street frontages.
Roadway corridors and street frontages shall be landscaped based on the
different pedestrian and/or vehicle emphasis to be provided in accordance with
the following categories of design and functional treatment. These zones and
corridors shall be planted with street trees suitable for a mixed motor vehicle,
bicycle, —and pedestrian environment. -- - -
(1) Commercial Street Corridors. These corridors are the public rights -of -way and
the setbacks required within and around roadways and parking lots in the
commercial (Co), mixed use (Mxd), employment (Eo), and community facilities
(Cf) zones. The setback from the street right-of-way shall be landscaped to
provide "see -through vegetation" that functions as a partial visual separator to
soften the appearance of parking areas and building elevations.
(2) Residential Street Corridors. These corridors are the public rights -of -way and
the setbacks required within and around collector and arterial roadways and
parking lots in all residential zones (134.5 through R20). These zones shall be
landscaped to provide a "filtered screen vegetation" that functions as a visual
separator between the street, parking areas, and residential activities.
(3) Parkway Road Corridors. These corridors are the public rights -of -way and the
setbacks required along major roadway entries into the community as defined
on comprehensive plan maps. These parkway road corridors shall be landscaped
to provide a "filtered to view blocking vegetation" using natural materials that
provide continuity with adjacent greenway landscapes.
(4) Sight Distance. All physical obstructions, except utility poles and traffic
control signs, shall be maintained in a manner that provides for adequate sight
distances at street intersections as described below:
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(a) A sight distance triangle area as described in subsection (4)(b) of this section
shall not contain fencing, berms, vegetation, on -site vehicle parking areas, signs
and other physical obstructions between 36 inches and eight feet above the
existing street grade.
(b) The sight distance triangle at:
(i) A street intersection shall be determined by measuring 15 feet along both the
right-of-way property lines beginning at their point of intersection. The third side
of the triangle shall be a line connecting the endpoints of the first two sides of
the triangle; or
(ii) A site access point shall be determined by measuring 15 feet along the street
lines and 15 feet along the edges of the driveway beginning at the respective
points of intersection. The third side of each triangle shall be a line connecting
- — the endpoints of the first two sides of each triangle; and — -- - - -
(iii) Any intersection where the posted speed limit exceeds 25 miles per hour, the
site distance triangle shall be determined by the table below or the city engineer.
Posted
Speed
Limit
Design
Speed
Minimum
Distance
for Sight
from
Center of
Intersection
25
30
200 feet
30
35
250 feet
35
40
325 feet
40
45
400 feet
45
50
475 feet
50
55
550 feet
55
60
650 feet
The city engineer may require further restrictions.
(c) If a property owner receives written notice from the city that there is a
violation of the above requirements and does not comply to the written notice
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within the specified time, then such property owner shall be guilty of a civil
penalty. In addition to this, the city engineer or his/her designee may prune the
trees or take other appropriate action, charge the owner for the cost of the
work, record the charges as a lien against the property and collect this amount in
a civil action against the property owner. The city shall be entitled to recover its
costs and attorney's fees in such action.
16.50.100 Buffers and urban buffers.
(1) Perimeter landscaping along interior lot lines and between zones shall be as
provided within Table 16.50.296, Landscape Design Requirements. Perimeter
landscaping may be modified where appropriate by the planning director to
account for aboveground subregional utility developments and distribution or
transmission corridors or other utilities and infrastructure.
(2) Urban buffers shall be landscaped based on the extent to which the activity is
to be screened from adjacent uses in accordance with the categories identified
below. However, common standards applied to all buffer areas include:
(a) Within the landscape buffer areas about the property, particularly along
secondary access roads and around parking lots that do not abut the public
pedestrian walkway or trail corridors, site plantings should be grouped to
simulate natural stands and should not be planted symmetrically or of even
spacing.
(b) Landscape designs should reflect natural planting materials and settings that
are representative of the local and regional landscape.
(c) Where practical and feasible, buffer areas should retain existing larger trees
and vegetation to maintain continuity with adjacent greenways and natural
areas.
(d) Within higher density residential developments, buffers or open spaces may
be grouped into common open space areas that define building placements,
provide visual accents, preserve landscape or landform features, or house
common activity areas.
(3) Urban Buffers with Filtered Screening. Urban buffers to be filter screened are
the perimeter landscape areas provided between nonresidential land uses within
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the commercial (Co), mixed use (Mxd), employment (Eo), and community
facilities (Cf) zones. These buffers shall function as a visual separator between
uses within these zones. The plant materials and design may mix evergreen and
deciduous trees and shrubs to create a filtered screen effect.
(4) Urban Buffers with Full Screening. Urban buffers to be fully screened are the
perimeter landscape areas provided between residential and nonresidential
zones. These buffers shall function as a visual barrier to obscure views of
incompatible activities and improvements. The plant materials and design may
include a mix of primarily evergreen trees and shrubs to form an effective full
screen effect.
16.50.110 Walkway and trail corridors.
Landscaping along the public walkway or trail corridor may utilize the street
-- trees and plant materials palette selected for the public walkway or trail
corridor. Improvements within the adjoining private spaces, such as outdoor
eating areas, plazas, and the like, should incorporate or continue the same
plantings in order to enhance the definition of the corridor.
16.50.120 Greenways.
Greenways shall be maintained, enhanced, and replanted, where appropriate,
based on the type of habitat to be conserved in accordance with the following
categories:
(1) Greenways of Upland Habitat.
(a) Upland greenways are the sensitive environmental areas located on steep,
eroding, or geologically hazardous slopes as defined within this code and within
the comprehensive plan.
(b) The landscape within this zone shall be maintained or enhanced with native
materials that provide habitat and cover for upland wildlife species.
(2) Greenways of Wetland and Stream Habitat.
(a) Wetland greenways are the sensitive environmental areas located on
impermeable or slowly draining soils, wetlands and other freshwater bodies, and
the required buffer areas adjacent to wetlands and streams as defined within
this code and within the comprehensive plan.
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(b) The landscape within this zone shall be maintained or enhanced with native
materials that provide habitat and cover for wetland wildlife species.
(3) Shorelines.
(a) Shorelines are the sensitive environmental areas and buffer zones located
along the fresh and saltwater shores and banks as defined within this code and
within the comprehensive plan.
(b) The landscape within this zone shall be maintained or enhanced with native
materials that provide habitat for marine and estuarine wildlife species.
16.50.130 Street trees.
(1) Street trees shall be planted along roadways and street frontages as indicated
within the accompanying Table 16.50.296 on landscape design requirements.
Tree spacing shall consider the mature height and spread of the tree species.
(2) Street tree species, where not designated in accordance with a design overlay
district's requirements, may be selected from the suggested landscape materials
list, Table 16.50.297, and shall be subject to the review and approval of the
planning director.
(3) The trees may be located within the street right-of-way subject to the review
and approval of the city engineer and accounting for any possible future street
widening or improvements.
(4) Street trees within the public right-of-way shall be maintained according to
the standards established by the planning director.
(5) Street trees may be spaced at irregular intervals where necessary to
accommodate sight distance requirements for driveways, intersections, street
lights, and signage.
16.50.140 Buildings and yards.
(1) The landscape design should highlight and focus views of the building
frontages and entries, particularly retail window displays, pedestrian areas, and
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amenities. The design should create a special or individual character of the
private portions of each property and building.
(2) Vines may be planted on buildings, fences, walls and other blank surfaces,
particularly structures faced with brick and masonry or that are enhanced with
trellis overhangs.
(3) Moveable planters with seasonal plantings should be placed at building
entries, particularly within alcoves and inner courtyards.
(4) All plantings, particularly ornamentals, should be provided irrigation or other
watering methods to ensure plant survival.
16.50.150 Screening.
Landscape, fence or other improvements should be erected to visually screen
refuse, storage, loading docks, and other areas that are not to be accessible or
viewed from public walkways, corridors, and roadways. Latches and other
devices should be used to secure refuse and storage areas from animals and
children.
16.50.160 Parking lots.
(1) Landscaping within parking lots that are shared or used in common by
residential developments, and within all nonresidential parking areas and lots,
shall be as provided within the accompanying Table 16.50.296, Landscape Design
Requirements.
(2) The maximum distance between any parking stall and required parking area
landscaping shall be no more than every 13 stalls.
(3) Permanent curbs or structural barriers shall be provided to protect the
plantings from vehicle overhang.
(4) Urban parking areas shall be landscaped to provide shade and visual relief
while maintaining clear sight lines within parking and access areas. Shrubs will
not exceed a height of three feet around parking lot entries, access aisles, and
other vehicle maneuvering areas in order not to visually block views among
vehicles and pedestrians.
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(5) The plant materials and landscape design may mix evergreen and deciduous
trees to create a continuous canopy.
(6) Plantings may be contained in planting islands or strips having an area of at
least 75 square feet with a narrow dimension of not less than four feet that is
unobstructed by vehicle overhang.
(7) Shade trees and ground covers should be installed in parking medians and/or
landscape set -asides in parking areas and lots to soften the visual impact, reduce
glare, and provide visual interest.
16.50.180 Significant tree retention.
Significant trees should be retained in all zones as follows:
(1) Removal of any significant tree with a DBH (diameter at breast height) of 36
inches or greater shall require city council approval upon the following
standards:
(a) The proposed use cannot reasonably accommodate the retention of the
significant tree.
(b) The significant tree shall be replaced in accordance with POW 16.50.220.
(c) All significant trees located within any required buffer area or required
landscape planting area should be retained to the extent practical and feasible.
(d) Tree retention adjacent to critical areas is desirable.
(e) Utility developments including roadways may be exempt from the significant
tree retention requirements of this chapter.
(f) If significant trees were previously located in a closed, forested situation, an
adequate buffer of smaller trees shall be retained or replaced on the fringe of
such significant trees.
(g) A grouping of three or more existing healthy trees with canopies that touch
or overlap may be substituted for each required significant tree, provided each
Ordinance No. 045-16
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tree has a diameter of at least three inches when measured four feet above
grade.
(2) Except as provided in subsection (3) of this section, significant trees to be
retained shall not include significant trees that are identified by a licensed
arborist as damaged or diseased or a safety hazard due to potential root, trunk
or primary limb failure, or exposure of mature trees which have grown in a
closed, forested situation.
(3) At the discretion of the planning director, damaged or diseased or standing
dead trees may be retained and counted toward the significant tree requirement
if demonstrated that such a tree will provide important wildlife habitat and is not
classified as a danger tree.
-16.50..190 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
land disturbing activity 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.
16.50.200 Incentives for retaining significant trees.
Each significant tree that is located outside of the area for perimeter buffer
landscaping and is retained may be credited in a ratio up to two trees for
complying with the retention requirements of this chapter.
16.50.210 Protecting significant trees.
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To provide the best protection for significant trees:
(1) No clearing shall be allowed on a site until approval of tree retention and
landscape plans.
(2) The root protection zone is equal to one foot radius for every one inch of tree
DBH unless individual tree evaluation by a certified arborist recommends
modification to the guidelines. It shall be identified prior to construction with a
temporary five -foot -high chain -link or orange mesh fence.
(3) No impervious surfaces, fill, excavation, or storage of construction materials
shall be permitted within the root protection zone.
(4) Alternative -protection methods may -be used if determined by the planning -
director to provide equal or greater tree protection.
16.50.220 Replacement of significant trees.
When the required number of significant trees cannot be retained, significant
trees that are removed shall be replaced with:
(1) New trees measuring 2.5-inch caliper and six feet in height, at a replacement
rate of three trees for each significant tree removed.
(2) If the site does not allow for planting all replacement trees, trees can be
planted on another site approved by the planning director.
16.50.230 Tremont Street corridor overlay district landscape standards (TRMT).
The general landscape standards set forth in this chapter shall apply unless a
more restrictive provision is set forth in the TRMT specific landscape standards
set forth in POMC 16.50.231 through 16.50.239.
16.50.231 TRMT landscape standards — Generally.
The following guidelines are to be addressed in all landscape plans in the
Tremont overlay:
Ordinance No. 045-16
Page 37 of 56
(1) Significant trees shall be preserved where possible (some may be moved and
transplanted). Removal of any significant tree requires pre -approval from the
planning director.
(2) Emphasize use of varieties which require low maintenance and drought -
tolerant species in public and commercial areas and in large landscape areas.
(3) A minimum of 25 percent of the site shall be landscaped. Required
landscaping within parking areas may not be counted as contributing to this
requirement. However, landscaping for and within setback areas may be
counted toward meeting the 25 percent requirement. A minimum five-foot
landscaped area shall be installed around all parking lots.
16.50.232 TRMT landscape as buffering.
Buffering between noncompatible land uses is considered critical in maintaining
the existing character of Tremont Street. The following standards are to be used
in designing a landscape buffer:
(1) Landscape buffers, in conjunction with decorative fencing, is the preferred
method to screen adjacent land uses.
(2) Evergreen trees having minimum size of 15 gallons shall be planted and
staked at least 20 feet on center, depending upon the species, or clustered in
equal amounts to screen parking or architecture.
3) A six -foot -high wall may be placed on or just inside the property line. A ten -
foot landscape strip area will be provided on the inside of the wall. The wall
should be lowered to three feet within the front setback area.
16.50.234 TRMT landscape area ratio.
A minimum of one 15-gallon size tree (25 feet or higher at maturity) for every
625 square feet of landscaping, and one shrub or vine for every 50 square feet of
landscaping are required; at least 25 percent of shrubs shall be of a flowering
variety.
16.50.236 TRMT landscape irrigation.
Ordinance No. 045-16
Page 38 of 56
Automatic sprinkler or drip irrigation systems for all commercial or multifamily
projects shall be provided.
16.50.237 TRMT landscape maintenance.
All plantings shall be kept healthy and growing with all planting areas free of
weeds and debris. Each project will have a bond recorded insuring planting
materials will be well maintained; such bond shall remain in place for one year
after project completion.
16.50.238 TRMT landscape sizes.
(1) Trees shall be a minimum of one gallon size and be at least eight feet at time
of planting. Shrubs shall be a minimum of one gallon size at time of planting. All
deciduous trees shall be double staked and properly fertilized upon planting.
_Give consideration for rapidly growing -trees. -- - - - -
(2) The ground cover shall be healthy, densely foliated, and consist of one -gallon
container plants. Herbaceous and flat ground covers shall be planted no more
than 12 inches on center. Woody shrub ground cover shall be planted no more
than four feet on center (e.g., evergreens, junipers).
16.50.239 TRMT landscape spacing.
Spacing of trees and shrubs shall be appropriate for each individual species and
growing characteristics. Plant materials shall conform to the following spacing
standards:
(1) A minimum of 25 feet from the property corner at a street intersection to the
center of the first tree or large shrubs. Shrubs less than three feet in height are
allowed within this clear sight triangle.
(2) A minimum of 15 feet between center of trees or large shrubs and fire
hydrants.
(3) A minimum of 10 feet between center of trees or large shrubs and edge of
driveway.
16.50.240 Downtown overlay district landscape standards (DOD).
Ordinance No. 045-16
Page 39 of 56
The general landscape standards set forth in this chapter shall apply to all
development in the DOD unless a more restrictive provision is set forth in this
section, and then this section shall control.
(1) New development and existing uses along both sides of Bay Street between
Bank Street and Seattle Avenue shall be exempt from the landscaping
requirements of the zoning ordinance and these regulations.
(2) New development that is adjacent to the water shall provide landscaping on
the waterside facade as well as on the street frontage.
(3) New development on waterfront lots that abut the north side of Bay Street
between Bank Street and Seattle Avenue shall provide landscaping on the
waterside facade only.
(4) For buildings which include residential uses on the upper floors, up to 25
percent of the landscaping requirements may be fulfilled by providing rooftop
gardens and upper floor terraces and decks. Rooftop gardens, terraces, and
decks shall not count against the 75 percent gross floor area limitation described
in POMC 16.20.219.
16.50.290 Maintenance.
(1) All landscape materials and significant trees, in all zones and/or overlay
districts, except within critical areas or buffers, shall be maintained in a healthy
growing condition.
(2) With the exception of dead, diseased or damaged trees specifically retained
to provide wildlife habitat; other dead, diseased, damaged or stolen plantings
shall be replaced on a one -for -one basis within five months or during the next
planting season if the loss does not occur in a planting season.
(3) Landscape areas shall be kept free of trash.
16.50.295 Bonds and security.
Performance bonds or other appropriate security (including letters of credit and
set aside letters) equal to 125 percent of the estimated value of the plants and
installation costs shall be required for a period of two years after the planting or
Ordinance No. 045-16
Page 40 of 56
transplanting of vegetation to insure proper installation, establishment, and
maintenance.
16.50.296 Landscape design requirements.
See Table 16.50.297 for alternatives.
Ordinance No. 045-16
Page 41 of 56
Table 16.50.296 — Landscape Design Requirements
Urban
Roadwa
Roadwa
Roadw
Urba
Urban
Urban
Green
Green
Shoreli
Streetsca
y
y
ay
n
Buffer
Buffer
ways—
ways—
nes
pes/
Corridor
Corridor
Corrid
Buffe
s —
s —
Upland
Wetlan
Pedestri
s —
s —
ors —
rs —
Filtere
Full
s
ds
an
Commer
Resident
Parkw
Urba
d
Screen
Boardwa
cial
ial
ays
n
Screen
ing
lks
Develop
Develop
Parki
ing
ment
ment
ng
Lots
Planting materials
Large deciduous
X
X
X
X
X
trees
Medium
X
X
X
X
X
X
X
deciduous trees
—
Small deciduous
X
X
X
X
X
X
trees
Conifers/broadlea
X
X
X
X
X
X
X
X
f trees
Deciduous shrubs
X
X
X
X
X
X
X
X
Evergreen shrubs
X
X
X
X
X
X
X
X
X
X
Ground covers
X
X
X
X
X
X
X
X
X
X
Planting mix — Approximate
Percent in
100%
100%
50%
30%
70%
50%
30%
30%
70%
70%
deciduous trees
Percent in
0%
0%
50%
70%
30%
50%
70%
70%
30%
30%
evergreen trees
Plant spacing — Feet on center
Trees
25
40
40
30
30
30
15
30
30
40
Shrubs
5
5
4
4
4
4
Plant scale at time of planting
Trees — minimum
10
10
8
8
10
8
8
8
8
8
height in feet
Trees — minimum
3.0
3.0
2.5
2.5
3.0
2.5
2.5
2.5
2.5
2.5
Ordinance No. 045-16
Page 42 of 56
Urban
Roadwa
Roadwa
Roadw
Urba
Urban
Urban
Green
Green
Shoreli
Streetsca
y
y
ay
n
Buffer
Buffer
ways—
ways—
nes
pes/
Corridor
Corridor
Corrid
Buffe
s —
s —
Upland
Wetlan
Pedestri
s —
s —
ors —
rs —
Filtere
Full
s
ds
an
Commer
Resident
Parkw
Urba
d
Screen
Boardwa
cial
ial
ays
n
Screen
ing
Iks
Develop
Develop
Parki
ing
ment
ment
ng
Lots
caliper in inches
Shrubs —
minimum height
18
18
18
18
18
18
18
18
18
18
in inches
Ground cover —
years to full
2
2
3
3
2
3
3
3
3
3
coverage
Buffer — Depth in feet (subordinate to building setbacks)
Street frontage
10
10
20
25
25
25
Interior lot line
5
5
10
25
25
25
Parking lot — sf landscape area/stall
Residential
20
shared parking
Commercial/emp
loyment zone
lots:
0 — 30 stalls
20
30+ stalls
25
Parking lot — Stalls/tree spacing
Residential
8
shared parking
Commercial/emp
4
loyment zone lots
Species suggestions — Percent of mix
Native ground
75%
75%
75%
75%
75%
75%
75%
100%
100%
100%
cover and shrubs
Ordinance No. 045-16
Page 43 of 56
Urban
Roadwa
Roadwa
Roadw
Urba
Urban
Urban
Green
Green
Shoreli
Streetsca
y
y
ay
n
Buffer
Buffer
ways—
ways—
nes
pes/
Corridor
Corridor
Corrid
Buffe
s—
s—
Upland
Wetlan
Pedestri
s—
s —
ors —
rs —
Filtere
Full
s
ds
an
Commer
Resident
Parkw
Urba
d
Screen
Boardwa
cial
ial
ays
n
Screen
ing
Iks
Develop
Develop
Parki
ing
ment
ment
ng
Lots
Native trees
50%
50%
50%
50%
50%
50%
50%
100%
100%
100%
Drought -tolerant
60%
60%
60%
60%
60%
60%
60%
100%
100%
100%
16.50.297 Suggested landscape materials.
Table 16.50.297 — Suggested Landscape Materials
Urban
Roadwa
Parki
Urb
Greenw
Greenw
Shoreli
Native
Droug
Streetsca
y
ng
an
ays —
ays —
nes
Materi
ht-
pes/
Corrido
Lot
Buff
Uplands
Wetland
als
Tolera
Pedestria
rs/
Trees
er
s/
nt
n
Street
Area
Streams
Boardwal
Frontag
s
ks
e
Large deciduous trees
Acer
Bigleaf
macrophyllu
Maple
X
X
X
m
Acer rubrum
Red Maple
X
X
X
X
X
species
variety
Acer
Sugar
saccharum
Maple
X
X
Acer
Pacific
truncatum X
Sunset
X
X
platanoide
Maple
Acer
Norway
platanoides
Maple
X
X
X
X
X
species
variety
Alnus rebra
Red Alder
X
X
X
X
Carpinus
Columnar
X
X
Ordinance No. 045-16
Page 44 of 56
Urban
Roadwa
Parki
Urb
Greenw
Greenw
Shoreli
Native
Droug
Streetsca
y
ng
an
ays —
ays —
nes
Materi
ht-
pes/
Corrido
Lot
Buff
Uplands
Wetland
als
Tolera
Pedestria
rs/
Trees
er
s/
nt
n
Street
Area
Streams
Boardwal
Frontag
s
ks
e
betulus
European
`Fastigiata'
Hornbeam
Fagus
European
X
X
X
sylvatica
Beech
Fraxinus
Oregon
X
X
X
latifolia
Ash
Fraxinus
Raywood
oxycarpa
Ash
X
X
-
`Raywood'
Gingko
Columnar
bilboa
Maidenhair
X
X
`Sentry'
Liquidamba
American
X
X
X
X
X
X
r styraciflua
Sweetgum
Liriodendro
Tulip tree
X
n tulipifera
Magnolia
Evergreen
grandiflora
Magnolia
X
X
`St. Mary'
Platanus x
London
X
acerifolia
Plane
Quercus
Oak
X
X
X
X
X
species
variety
Quercus
Upright
robur
English
X
X
X
X
`Fastigiata'
Oak
Quercus
Northern
X
X
X
X
X
rubra
Red Oak
Salix
Willow
X
X
X
species
variety
Ordinance No. 045-16
Page 45 of 56
Urban
Roadwa
Parki
Urb
Greenw
Greenw
Shoreli
Native
Droug
Streetsea
y
ng
an
ays —
ays —
nes
Materi
ht-
pes/
Corrido
Lot
Buff
Uplands
Wetland
als
Tolera
Pedestria
rs/
Trees
er
s/
nt
n
Street
Area
Streams
Boardwal
Frontag
s
ks
e
Tillia
Redmond
americana
Linden
X
X
`Redmond'
Tillia
Littleleaf
X
X
X
X
X
cordata
Linden
Tillia
Greenspire
cordata
Linden
X
X
`Greenspire'
Medium deciduous trees
Acer
Hedge
X
X
campestre
Maple
Betula
Birch
X
species
variety
Carpinus
European
X
X
X
X
X
X
betulus
Hornbeam
Cercidiphyll
Katsura
um
Tree
X
j aponicum
Comus
Pacific
X
X
X
nuttallii
Dogwood
Cratawgus
English
X
X
laevigata
Hawthorn
Crateagus
Lavalle
X
X
lavallei
Hawthorn
Fraxinus
Marshall's
pennsylvani
Seedless
X
X
X
X
X
ca
Ash
Populus
Quaking
X
X
tremuloides
Aspen
Ordinance No. 045-16
Page 46 of 56
Urban
Roadwa
Parki
Urb
Greenw
Greenw
Shoreli
Native
Droug
Streetsea
y
ng
an
ays —
ays —
nes
Materi
ht-
pes/
Corrido
Lot
Buff
Uplands
Wetland
als
Tolera
Pedestria
rs/
Trees
er
s/
nt
n
Street
Area
Streams
Boardwal
Frontag
s
ks
e
Prunus
Flowering
species
Cherry
X
X
X
X
X
variety
Prunus
Sargent
sargentii
Flowering
X
X
Cherry
Prunus
Columnar
sargentii
Sargent
`Columnaris
Flowering
X _
X--
'
Cherry
Prunus
Kwanzan
serrulata
Flowering
X
X
`Kwanzan'
Cherry
Pyrus
Flowering
calleryana
Pear
X
X
X
X
X
species
variety
Zelkova
Sawleaf
serrata
Zelkova
X
X
X
X
`Village
Green'
Small deciduous trees
Acer
Vine
circinatum
Maple
X
X
X
X
Acer davidii
David
Maple
X
Acer ginnala
Amur
Maple
X
X
X
Acer
Japanese
X
palmatum
Maple
Amelanchie
Serviceberr
X
X
X
X
Ordinance No. 045-16
Page 47 of 56
Urban
Roadwa
Parki
Urb
Greenw
Greenw
Shoreli
Native
Droug
Streetsca
y
ng
an
ays —
ays —
nes
Materi
ht-
pes/
Corrido
Lot
Buff
Uplands
Wetland
als
Tolera
Pedestria
rs/
Trees
er
s/
nt
n
Street
Area
Streams
Boardwal
Frontag
s
ks
e
r species
y variety
Carp inus
Hornbeam
species
variety
X
X
X
X
X
X
Corpus
Flowering
florida
Dogwood
X
Corpus
Kousa
kousa
Dogwood
X
X
Corylus
Western
cornuta
Hazelnut
X
X
X
X
californica
Crataegus
Hawthorn
X
X
X
X
X
species
variety
Magnolia
Magnolia
species
variety
X
X
X
X
X
Malus
Flowering
species
Crabapple
X
Prunus
Flowering
species
Cherry/Plu
X
X
X
X
X
in
Styrax
Japanese
japonica
Snowball
X
Conifers/broadleaf evergreen trees
Abies
Grand Fir
grandis
X
X
X
Abrutus
Strawberry
unedo
Tree
X
X
X
Cedrus
Deodar
deodara
Cedar
X
X
X
Chamaecyp
Port Orford
X
X
X
X
X
Ordinance No. 045-16
Page 48 of 56
Urban
Roadwa
Parki
Urb
Greenw
Greenw
Shoreli
Native
Droug
Streetsea
y
ng
an
ays —
ays —
nes
Materi
ht-
pes/
Corrido
Lot
Buff
Uplands
Wetland
als
Tolera
Pedestria
rs/
Trees
er
s/
nt
n
Street
Area
Streams
Boardwal
Frontag
s
ks
e
aris
Cedar
lawsoniana
Chamaecyp
Alaska
aris
Cedar
X
X
X
X
X
nootkatensis
Colodecrus
Incense
X
decurrens
Cedar
P-hotinia
Chinses
- -
-
X
X
X
serrulata
Photinia
Picea
Sitka
X
X
X
X
sitchensis
Spruce
Pinus
Shore Pine
X
X
X
X
X
X
contorta
Pinus
Lodgepole
contorta
Pine
X
X
X
latifolia
Pinus
Japanese
X
X
densiflora
Red Pine
Pinus
Western
X
X
X
X
monticola
White Pine
Pinus nigra
Austrian
X
X
X
X
Black Pine
Pinus
Ponderosa
X
X
ponderosa
Pine
Pinus
Scotch
X
X
X
X
sylvestris
Pine
Pinus
Japanese
X
X
X
thunbergii
Black Pine
Pseudotsuga
Douglas
X
X
X
X
X
Ordinance No. 045-16
Page 49 of 56
Urban
Roadwa
Parki
Urb
Greenw
Greenw
Shoreli
Native
Droug
Streetsca
y
ng
an
ays —
ays —
nes
Materi
ht-,
pes/
Corrido
Lot
Buff
Uplands
Wetland
als
Tolera
Pedestria
rs/
Trees
er
s/
nt
n
Street
Area
Streams
Boardwal
Frontag
s
ks
le
menziesii
Fir
Sequoidendr
Coastal
on
Sequoia
X
X
semperviren
s
Taxus
Western
brevifolia
Yew
X
X
X
X
T-huja
Western
_
__
_
-
plicata
Red Cedar
X
X
X
Tsuga
Western
heterophylla
Hemlock
X
X
X
X
Tsuga
Mountain
mertensiana
Hemlock
X
Umbellulari
California
a californica
Bay Laurel
X
X
X
X
Deciduous shrubs
Amelanchie
Western
r alnifolia
Serviceberr
X
X
X
X
X
y
Berberis
Barberry
X
X
species
variety
Callicarpa
Japanese
japonica
Beautyberr
X
y
Cornus
Red -Osier
stolonifera
Dogwood
X
X
X
X
X
Enkianthus
Red-
campanulatu
Veined
X
s
Enkianthus
Ordinance No. 045-16
Page 50 of 56
Urban
Roadwa
Parki
Urb
Greenw
Greenw
Shoreli
Native
Droug
Streetsca
y
ng
an
ays —
ays —
nes
Materi
ht-
pes/
Corrido
Lot
Buff
Uplands
Wetland
als
Tolera
Pedestria
rs/
Trees
er
s/
nt
n
Street
Area
Streams
Boardwal
Frontag
s
ks
e
Elaegnus
Elaegnus
X
X
X
X
species
variety
Euonymus
Winged
alata
Eunymus
X
X
`Compacta'
Hamamelis
Chinese
mollis
Witch
X
Hazel
Holodiscus
Ocean
discolor
Spray
X
X
X
X
X
Hydrangea
Lacecap
lacecap
Hydrangea
X
varieties
Potentilla
Potentilla
X
X
X
fruticosa
Physocarpus
Pacific
X
X
capitatus
Ninebark
Rhamnus
Cascara
purshiana
Sagrada
X
X
X
Rhus
Staghorn
X
X
X
X
typhina
Sumac
Ribes
Red-
sanguineum
Flowering
X
X
X
Currant
Rosa
Nootka
nutkana
Rose
X
X
X
X
Rosa rgosa
Rugosa
X
X
X
Rose
Rubus
Thimbelbe
parviflorus
rry
X
X
X
X
Ordinance No. 045-16
Page 51 of 56
Urban
Roadwa
Parki
Urb
Greenw
Greenw
Shoreli
Native
Droug
Streetsea
y
ng
an
ays —
ays —
nes
Materi
ht-
pes/
Corrido
Lot
Buff
Uplands
Wetland
als
Tolera
Pedestria
rs/
Trees
er
s/
nt
n
Street
Area
Streams
Boardwal
Frontag
s
ks
le
Rubus
Salmonber
X
X
X
X
X
spectabilis
ry
Salix
Willow
X
X
X
species
variety
Sambucus
Red
X
X
X
X
racemosa
Elderberry
Spiraea
Spiraea
X
X
X
X
species -
variety--
Symphorica
Snowberry
X
X
X
rpos albus
Syringa
Lilacs
vulgaris
X
X
cultivars
Vaccinium
Red
parvifolium
Huckelberr
X
X
y
Viburnum x
Burkwood
X
X
burkwoodii
Viburnum
Evergreen shrubs
Arbutus
Compact
unedo
Strawberry
X
X
X
compacta
Tree
Cornus alba
Siberian
`Sibirica'
Dogwood
X
Coto neaster
Cotoneaste
X
X
X
species
r variety
Ilex crenata
Japanese
Holly
X
Kalmia
Mountain
X
Ordinance No. 045-16
Page 52 of 56
Urban
Roadwa
Parki
Urb
Greenw
Greenw
Shoreli
Native
Droug
Streetsea
y
ng
an
ays —
ays —
nes
Materi
ht-
pes/
Corrido
Lot
Buff
Uplands
Wetland
als
Tolera
Pedestria
rs/
Trees
er
s/
nt
n
Street
Area
Streams
Boardwal
Frontag
s
ks
e
latifolia
Laurel
Ligustrum
Japanese
X
japonicum
Privet
Myrica
Pacific
californica
Wax
X
X
X
X
X
X
Myrtle
Osmarea x
Burkwood
X
X
burkwoodii
Osmarea
--
-
- -
Osmanthus
Delavay
X
X
X
delavayi
Osmanthus
Photinia
Japanese
X
X
X
frazeri
Photinia
Pieris
Mountain
X
X
floribunda
Pieris
Pieris
Japanese
X
X
japonica
Pieris
Prunus
Portugese
X
X
lusitanica
Laurel
Pinus Mugo
Mugho
X
X
X
Pine
Rhododendr
Rhododend
on species
ron and
X
X
X
X
Azaleas
Vaccinium
Evergreen
ovatum
Huckleberr
X
X
X
X
X
y
Ground covers
Arctostaphy
Kinnikinni
X
X
X
X
X
los uva-ursi
ck
Ordinance No. 045-16
Page 53 of 56
Urban
Roadwa
Parki
Urb
Greenw
Greenw
Shoreli
Native
Droug
Streetsea
y
ng
an
ays —
ays —
nes
Materi
ht-
pes/
Corrido
Lot
Buff
Uplands
Wetland
als
Tolera
Pedestria
rs/
Trees
er
s/
nt
n
Street
Area
Streams
Boardwal
Frontag
s
ks
le
Berberis
Cascade
X
X
X
X
nervosa
Mahonia
Calluna
Scotch
vulgaris
Heather
X
X
Caenothus
Point
gloriosus
Reyes
X
X
X
Ceanothus
Cotoneaster -
Rockspray
— --
-
microphyllu
Cotoneaste
X
X
X
s
r
Erica carnea
Winter
Heath
X
X
Erica x
Mediterran
darleyensis
can
X
Heather
Euonymus
Winter
fortuei
Creeper
X
X
Euonymus
Gaultheria
Salal
X
X
X
X
X
X
shallon
Hypericum
St.
calycinum
Johnswort
X
X
Ilex crenata
Japanese
varieties and
Holly
X
cultivars
Mahonia
Mahonia
species
variety
X
X
Pachysandra
Japanese
X
X
terminalis
Spurge
Sarcococca
Sarcococca
X
Ordinance No. 045-16
Page 54 of 56
Urban
Roadwa
Parki
Urb
Greenw
Greenw
Shoreli
Native
Droug
Streetsca
y
ng
an
ays —
ays —
nes
Materi
ht-
pes/
Corrido
Lot
Buff
Uplands
Wetland
als
Tolera
Pedestria
rs/
Trees
er
s/
nt
n
Street
Area
Streams
Boardwal
Frontag
s
ks
e
hookerana
Vinca minor
Periwinkle
X
X
X
Note: Medium street trees are recommended for planted medians only without tree grates.
Source: Hough, Beck & Baird as modified by Galen Wright, Washington Forestry Consultants,
Inc.
Ordinance No. 045-16
Page 55 of 56
SECTION 26. Chapter 16.80 of the Port Orchard Municipal Code is hereby repealed.
SECTION 27. Savings. The enactment of this ordinance shall not affect any application,
case, proceeding, appeal, or other matter currently pending administratively or judicially in any
court or in any way modify any right or liability, civil or criminal, which may be in existence on
the effective date of this ordinance.
SECTION 28. 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 29. 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 30. Effective Date; Publication. This ordinance shall be published in the official
newspaper of the city and shall take full force and effect as of 11:59 pm on December 31, 2016.
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 of December 2016.
Robert Putaansuu, Mayor
ATTEST:
01
dy Rinearson, CIVIC, City Clerk
0 f m \N
POjJni;11110 9a
I_\»:Z019I11WAX 2t0igo] 0MAI
aron Cates, City Attorney
PUBLISHED: December 23, 2016
EFFECTIVE DATE: December 31, 2016
Ordinance No. 045-16
Page 56 of 56
Sponsored by:
":�+—
BA Ashby, Councilmember
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 December 13, 2016.
ORDINANCE NO.045-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT
ORCHARD MUNICIPAL CODE TITLE 16 (LAND USE REGULATORY CODE); PROVIDING
FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE
Copies of Ordinance No. 045-16 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. 045-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, December 23'd, 2016