027-16 - Ordinance - Amending Chapter 16 Land Use Regulatory CodeORDINANCE NO. 027-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT
ORCHARD MUNICIPAL CODE CHAPTERS 16.06.035,16.08.158,16.30 AND 16.38.040
TO DELETE THE ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS, RECLASSFIY
LAND USES AS QUASI-JUDICIAL CONDITIONAL USES OR PERMITTED USES, ALLOW
CHURCHES IN VARIOUS ZONES CONSISTENT WITH THE RELIGIOUS LAND USE AND
INSTITUTIONALIZED PERSONS ACT, AND MAKE MINOR CLARIFICATIONS, CHANGES
AND CORRECTIONS.
WHEREAS, the City of Port Orchard has adopted local land use regulations establishing
certain land uses as administrative conditional uses, including as currently codified in Chapter
16.30 POMC; and
WHEREAS, the City of Port Orchard has been advised by legal counsel that
administrative conditional uses should be revised to quasi-judicial conditional uses or permitted
uses; and
WHEREAS, on September 22, 2000, the United States Congress enacted the Religious
Land Use and Institutionalized Persons Act (RLUIPA) which prohibits local governments from
implementing a land use regulation in a manner that discriminates against a religious assembly
or institution on the basis of religion or religious denomination, that totally excludes religious
assemblies from a jurisdiction, or that unreasonably limits religious assemblies; and
WHEREAS, the City desires to adopt zoning and land use tables that are consistent with
the requirements of RLUIPA as indicated above; and
WHEREAS, several items requiring minor corrections, changes and clarifications have
been identified in the land use tables and associated codes in Chapter 16 POMC;
WHEREAS, on July 8, 2016, the City's SEPA official issued a determination of non-
significance for the proposed changes to the City's land use regulations and there have been no
comments or appeals; and
WHEREAS, on August 2, 2016, the Planning Commission held a duly-noticed public
hearing on the proposed changes; and
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Ordinance No.027-16
Page 2 of 20
SECTION 1. The City Council adopts all of the "Whereas" sections of this Ordinance as
findings in support of this Ordinance.
SECTION 2. Port Orchard Municipal Code (POMC) section 16.06.035 (1) is hereby
amended to read as follows:
(1) Administrative Review. Administrative review is used when processing
applications for administrative permits including, but not limited to,
administrative zoning variances, minor amendments, home occupation permits,
home profession permits, sign permits, building and construction permits, site
development permits, right-of-way permits, lot consolidation, boundary line
adjustments, code interpretations, short plats, short plat alterations, short plat
amendments, administrative critical areas variance and temporary uses.
Administrative review shall be subject to the application requirements time
periods, consolidated permit processing and the notice of decision provisions of
this chapter. If an administrative decision is appealed, the open record hearings,
notice of public hearings, joint public hearings, and the closed record appeal
provisions of this title shall apply. In case of short plat reviews the provisions of
the subdivision code and Chapter 58.17 RCW shall also apply.
SECTION 3. POMC section 16.08.158 "Conditional Use" (definition) is hereby
amended to read as follows:
"Conditional use" shall mean a use similar to the allowed uses in a given zone
but permitted only after review by the hearing examiner, or the city council as
the case may be, and the granting of a conditional use permit imposing such
performance standards as are necessary to make the use compatible with other
allowed uses in the same vicinity and zone.
SECTION 4. POMC Chapter 16.30 "General Land Use Requirements-Tables" (1)
is hereby amended to read as follows:
GENERAL LAND USE REQUIREMENTS-TABLES
Sections:
16.30.010 Establishment of uses.
16.30.020 Interpretation of land use tables.
16.30.030 Table 16.30.030 - Government/ business services land uses.
16.30.040 Table 16.30.040 - General services land uses.
16.30.050 Table 16.30.050 - Manufacturing land uses.
Ordinance No.027-16
Page 3 of 20
16.30.060 Table 16.30.060
16.30.070 Table 16.30.070
16.30.080 Table 16.30.080
16.30.090 Table 16.30.090
16.30.100 Table 16.30.100-
Recreational/cultural land uses.
Regional land uses.
Residential land uses.
Resource land uses.
Retail land uses.
16.30.010 Establishment of uses.
The use of a property is defined by the activity for which the building or lot is
intended, designed, occupied, or maintained. The use is considered permanently
established when that use will or has been in continuous operation for a period
exceeding 60 days. A use which will operate for less than 60 days is considered a
temporary use, and subject to the requirements of this title. All applicable
requirements of this title, or other applicable state or federal requirements, shall
govern a use located within the Port Orchard incorporated area.
16.30.020 Interpretation of land use tables.
The land use tables in this chapter determine whether a specific use is allowed in
a zone district. The zone district is located on the column and the specific use is
located on the row of these tables.
(1) If no symbol appears in the box at the intersection of the column and the
row, the use is not allowed in that district, except for certain temporary uses.
(2) If the letter "P" appears in the box at the intersection of the column and the
row, the use is allowed in that district subject to the review procedures and
general requirements specified in this title.
(3) If the letter "C" appears in the box at the intersection of the column and the
row, the use is allowed subject to the conditional use review procedures and
general requirements specified in this title.
(4) If a number appears in the box at the intersection of the column and the row,
the use may be allowed subject to the appropriate review process indicated
above, the general requirements of this title, and the specific conditions
indicated in the development condition with the corresponding number
immediately following the land use table.
(5) If more than one letter-number combination appears in the box at the
intersection of the column and the row, the use is allowed in that zone subject to
different sets of limitation or conditions depending on the review process
indicated by the letter, the general requirements of this title, and the specific
conditions indicated in the development condition with the corresponding
number immediately following the table.
Ordinance No.027-16
Page 4 of 20
(6) All applicable requirements shall govern a use whether or not they are cross-
referenced in a section.
Table 16.30.030 - Government/business services land uses.
P = Permitted
C = Conditional
A = Administrative permit required Greenbelt Residential - Mobile Home Park Residential - 4.5 Units/Acre Residential - 8.0 Units/Acre Residential -12.0 Units/Acre Residential - 20.0 Units/Acre Commercial Retail and Office Business Professional 1 Business Professional il Mixed Uses Employment Industrial and Office Community Facilities P = Permitted
C = Conditional
A = Administrative permit required
Gb RMH R4.5 R8 R12 R20 Co BP 1 BP II Mxd Eo Cf
Government Services
* Public agency office C P P C P P
* Public agency yard P P
* Public agency archives P P P P
921 Court P
9221 Police facility P
9224 Fire facility P
* Subregional utility C C C C C C C C C P
* Minor communications facility P2 P2 P2 P2 P2 P2 P2 P2 P2 P2 P P
Business Services
15-17 Construction and trade P3 P3 P3 P
*
Individual transportation and
taxi P3 P
421 Trucking and courier service C4 P3 C4 P
*
Warehousing and wholesale
trade C P
* Self-service storage C5 C5 C P
4221 Farm product warehousing P
4222
Farm product refrigeration and
storage P
* Log storage
Ordinance No.027-16
Page 5 of 20
44
Water transportation of
passengers P8 P8 P8 P8
47 Transportation service P3 P3 P3 P
EV charging station Levels 1 & II Pll Pll Pll Pll Pll Pll P P P
48 Communication offices P3 P3 P3 P3 P
* General business service P P10 P10 P P
* Professional office P P P P P
7312 Outdoor advertising service P3 P3 P
735
Miscellaneous equipment
rental C P
751 Automotive rental and leasing P P
752 Automotive parking C C P9 C C C P P
7941
Professional sport
teams/promoters P3 P10 P3 P3 P
873
Research, development and
testing PI P12 PI P P
*
Heavy equipment and truck
repair P
*
Commercial/industrial
accessory uses P6 P6 P
* Helipad C C C P7
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 SIC industry numbers 8732 and 8734 - Commercial economic, sociological and
education research.
2. Subject to conditional approval when the tower or antenna support will exceed the height
limits of the underlying zone.
3. Limited to office use, no staging or overnight parking of vehicles or equipment.
4. Limited to SIC industry number 4215 - Courier services, except by air.
5. Accessory to a multifamily development of at least 12 units provided:
a. The gross floor area in the self-service storage shall not exceed the total gross floor area of
the multifamily dwellings.
b. All outdoor lights shall be deflected, shaded, and focused downward away from all adjoining
property.
c. The use of the facility shall be limited to the occupant's household goods.
d. No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar equipment.
Ordinance No.027-16
Page 6 of 20
e. No outdoor storage or storage of flammable liquids, highly combustible or explosive
materials or hazardous chemicals.
f. No residential occupancy of the storage units.
g. No business activity other than rental of storage units by occupants.
h. A resident shall be required on the site and shall be responsible for maintaining the
operation of the facility in conformance with the conditions of approval.
6. Storage limited to accessory storage of commodities sold at retail on the premises or
materials used in the fabrication of commodities sold on the premises.
7. Limited to emergency medical evacuation sites in conjunction with police, fire, health or
public service facility.
8. Subject to conditional approval when additional parking is required.
9. A conditional use permit is required if proposed within the downtown overlay district, or if a
parking structure is proposed.
10. Permitted uses within SIC code are subject to provisions identified below:
a. SIC codes 7311 through 7313, 7319, 7323,, 7336, 7338, 7371 through 7376 and 7379 are
permitted uses, limited to office, desktop design and desktop graphic work. All other activities
must be off-site. No on-site retail sales.
b. SIC Codes 7322, 7363 and 7383 are limited to office activities only.
11. Allowed only as an accessory use to a principal use or permitted conditional use.
12. Limited to nondestructive testing.
Table 16.30.040 - General services land uses.
P = Permitted
C = Conditional
A = Administrative permit required Greenbelt Residential - Mobile Home Park Residential - 4.5 Units/Acre Residential - 8.0 Units/Acre Residential -12.0 Units/Acre Residential - 20.0 Units/Acre Commercial Retail and Office Business Professional 1 Business Professional II Mixed Uses Employment Industrial and Office Community Facilities Gb RMH R4.5 R8 R12 R20 Co BP 1 BP II Mxd Eo Cf
Personal Services
72 General personal services P P7 P C
7216 Dry cleaning plants P
7218 Industrial launderers P
Ordinance No.027-16
Page 7 of 20
7261 Funeral home/crematory C C C C C P3
*
Cemetery, columbarium or
mausoleum P
* Daycare P P5 P5 P5 P5 P5 P P5 P P P P
* Veterinary clinic P4,6 P4,6 P4,6 P4,6
753 Automotive repair PI CI PI C
754 Automotive service P C P
* Marina - boat repair P P P
762/3
Miscellaneous repair-
electrical/electronic P P P
764/9
Miscellaneous repair-
furniture/welding C C P
83 Social services P2 P P P2 P P2
* Stable C C
* Kennel or cattery C C C
Health Services
801-4 Office/patient clinic C P P P P P
805
Nursing and personal care
facilities C P P P P
806 Hospital P
807 Medical/dental lab P P P P P P
808-9 Miscellaneous health P P P P P
Education Services
*
Elementary or middle/junior
high C C C C P
* Secondary or high school C C C C P
* Vocational school C C C C P
*
Specialized instruction school C C C C P P8,
10 P P
* School district support facility C C C C P9 P C
8221-2 College/university 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. Except SIC industry group number 7534 - Tire retreading; see manufacturing table, POMC
16.30.050.
Ordinance No.027-16
Page 8 of 20
2. Except SIC industry group number 835 - Daycare and 836 - Residential care; see residential
land use table, POMC 16.30.080.
3. Only as an accessory to a cemetery.
4. No burning of refuse or dead animals is allowed.
5. If less than or equal to six children, the use is permitted. Otherwise a conditional use permit
is required.
6. No kennel operations allowed.
7. Only the following are permitted:
a. SIC 7221, 7231, 7241 except cosmetology schools,
b. Baby Sitting bureaus (office use only)
c. Blood pressure testing, coin operated
d. Debt counseling or adjustment services
e. Diet workshops
f. genealogical investigation services
g. Scalp treatment facility
h. Quilting for individuals
8. Limited to 6,000 sq. ft.
9. Administrative Support only, no student instruction.
10. Indoor education or training only, no training equipment to be located outside.
Table 16.30.050 - Manufacturing land uses.
P = Permitted
C = Conditional
A = Administrative permit required Greenbelt Residential - Mobile Home Park Residential - 4.5 Units/Acre Residential - 8.0 Units/Acre Residential -12.0 Units/Acre Residential - 20.0 Units/Acre Commercial Retail and Office Business Professional 1 Business Professional II Mixed Uses j
i
i
5 1 1 J
*
3
>>
J 01 l. .a : It j O Community Facilities Gb RMH R4.5 R8 R12 R20 Co BP 1 BP II Mxd Eo Cf
20
Food processing and kindred
products CI CI P2,4 P2,4 P2
2082/
5
Winery/brewery
c c C C P
22 Textile mill products C
Ordinance No.027-16
Page 9 of 20
23 Apparel and other textile products C C P
24 Wood products except furniture C3 C3 P
25 Furniture and fixtures P4 P4 P
26 Paper and allied products C
27 Printing and publishing C C C C P P5 P5 P P
28 Chemicals and allied products C
29
Petroleum refining and related
products C
30 Rubber and miscellaneous plastics C
31 Leather and leather goods P4 P4 C
32
Stone, clay, glass and concrete
products P4 P4 P
33 Primary metal industries C
34 Fabricated metal products P P
35
Industrial and commercial
machinery P
351
56
Heavy machinery and equipment
P
357 Computer and office equipment C C P
36
Electronic and other electric
equipment C C P
374 Railroad equipment C
376
Guided missile and space vehicle
parts P
379
Miscellaneous transportation
vehicles P
38
Measuring and controlling
instruments P P P
39 Miscellaneous light manufacturing C4 C4 P
* Motor vehicle and bicycle
manufacturing C4 C4 P
* Aircraft, ship and boat building C4 C4 P
7534 Tire retreading C
781
82
Movie production/distribution
C C6 C6
C P
Ordinance No.027-16
Page 10 of 20
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. Limited to agricultural products grown on-site, provided structures and areas used for
processing shall maintain a minimum distance of 75 feet from property lines adjoining
residential zones.
2. Except slaughterhouses.
3. Limited to uses found in SIC industry groups 2434 - Wood kitchen cabinets and 2431 -
Millwork (excluding planning mills).
4. Permitted if within enclosed buildings and as an accessory use to retail sales.
5. Permitted uses within SIC codes are subject to the provision listed below:
a. Limited to office activities only. No on-site commercial printing permitted.
6. Permitted uses within SIC code are subject to provisions listed below:
a. SIC Code 7819 is limited to office use only.
b. SIC Codes 7812, 7822, 7829, 7832, 7833 and 7841 are not permitted uses. Other SIC codes
under the 78 general category, if not specifically identified in 6a above, are not permitted uses.
Table 16.30.060 - Recreational/cultural land uses.
P = Permitted
C = Conditional
A = Administrative permit
required Greenbelt Residential - Mobile Home Park Residential - 4.5 Units/Acre Residential - 8.0 Units/Acre Residential -12.0 Units/Acre Residential - 20.0 Units/Acre Commercial Retail and Office Business Professional 1 Business Professional II Mixed Uses Employment Industrial and Office Community Facilities Gb RMH R4.5 R8 R12 R20 Co BP 1 BP II Mxd Eo Cf
F •ark and Recreation
* Park C C C C C C C C C C C PI
* Trail P P P P P P P P P P P P
* Campground C
* Destination resort C C C
* Marina P c P P
* Recreational vehicle
park C2 C2
Ordinance No.027-16
Page 11 of 20
Amusement/Entertainment
7832 Theater P3 P3 P3
7833 Theater, drive-in C
79 Miscellaneous
amusements C C C
792 Plays/theatrical
production C3,6 P3 P3 P3
793 Bowling center P C
* Sports club C P P P P
* Golf facility P4
7999 Golf driving range P4
* Shooting range - guns
and firearms C
* Archery range C C C
*
Adult entertainment
facilities C3
* Amusement arcades P P C P
C lultural
823 Library P5 P5 P5 P5 P5 P C C P C P
841 Museum P5 P5 P5 P5 P5 P C C P C P
842 Arboretum C P C C P C P
* Conference center C P P C P
866
Churches, synagogue. C C C C P C C P C P 866 temple C C C C P C C P C P
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. Lighting for structures and fields shall be shielded and directed away from residential areas.
2. Recreational vehicle parks are subject to the following conditions and limitations:
a. The maximum length of stay of any unit shall not exceed 180 days unless otherwise
stipulated; and
b. The minimum distance between recreational vehicle pads shall be not less than 10 feet; and
c. Sewage shall be disposed in a system approved by the Kitsap County health department.
3. 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.
4. Lighting shall be shielded and directed away from residential areas.
Ordinance No.027-16
Page 12 of 20
5. Only as an accessory to an historic site or building.
6. Only of a limited outdoor nature such as an interpretive assembly or amphitheater.
Table 16.30.070 - Regional land uses.
P = Permitted
C = Conditional
A = Administrative permit required Greenbelt Residential - Mobile Home Park Residential - 4.5 Units/Acre Residential - 8.0 Units/Acre Residential -12.0 Units/Acre Residential - 20.0 Units/Acre Commercial Retail and Office Business Professional 1 Business Professional II Mixed Uses Employment Industrial and Office Community Facilities Gb RMH R4.5 R8 R12 R20 Co BP 1 BP II Mxd Eo Cf
R egional Land Uses
* Jail C
* Work release facility C
*
Public agency animal
control facility c c
*
Public agency training
facility c c
* Hydroelectric generation
facility c
*
Nonhydroelectric
generation facility C C C C C C C C c c
*
Major communication
facility C C C C C C C C c c
* Earth station, major c c c c c c c c c c
*
Energy resource recovery
facility c c
* Landfill c
* Transfer station c p
* Interim recycling facility P2 P2 P3 P2
*
Wastewater treatment
facility P P
* Municipal water production P
Ordinance No.027-16
Page 13 of 20
* Airport/heliport c
* Landing field c
* Transit bus base C4 C4 C c
* Transit park-and-ride lot C C C p
* School bus base c c
7941 Stadium/arena c
7948 Racetrack c
* Fairground c
8422 Zoo/wildlife exhibit CI CI
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. Except arboretum; see recreational/cultural land use table, POMC 16.30.060.
2. Limited to drop box facilities.
3. All processing and storage of material shall be within enclosed buildings and excluding yard
waste processing.
4. Bus storage only.
Table 16.30.080 - Residential land uses.
P = Permitted
C = Conditional
A = Administrative permit required Greenbelt Residential - Mobile Home Park Residential -4.5 Units/Acre Residential - 8.0 Units/Acre Residential -12.0 Units/Acre Residential - 20.0 Units/Acre Commercial Retail and Office Business Professional 1 Business Professional II Mixed Uses Employment Industrial and Office Community Facilities Gb RMH R4.5 R8 R12 R20 Co BP 1 BP II Mxd Eo Cf
[Dwelling Units
* Single-family detached P P P P P6 P P
* Single-family attached P P P P
* Multifamily P P C7 P
* Mobile home park P
* Houseboat C C C C
Ordinance No.027-16
Page 14 of 20
•roup Residences
* Senior citizen assisted C P P P C7 C C C C
*
Community residential
facility-CRF C C C C C
* CRF - prisoner release C C
* Dormitory C2
Accessory Uses
* Dwelling Unit - Accessory P3 P3 P3 P P8 P8 P3, 8 P8
*
Home (cottage) industry P9 P9 P9 P4,5,
9 P9 P9 P9
*
Home occupation P9 P9 P9 P9 P4,5,
9 P9 P9 P
* Home profession P P P P P P P P P
temporary Lodging
7011 Hotel/motel PI CI
* Bed and breakfast C C C C C C P C C P
7041
Organization hotel/lodging
houses C 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. Except bed and breakfast.
2. Only as an accessory to a school, college/university, church or conference center.
3. Accessory dwelling units:
a. Only one accessory dwelling per lot;
b. The primary residence or the accessory dwelling unit shall be owner-occupied;
c. The accessory dwelling unit shall not be larger than 50 percent of the living area of the
primary residence;
d. One additional off-street parking space is provided; and
e. The accessory dwelling unit shall be converted to another permitted use or shall be removed
if at least one of the units ceases to be owner-occupied.
4. No customers are allowed on site.
5. In the R20 zone, home (cottage) industry and home occupation are allowed in single-family
detached homes only.
6. Permitted with approval of a planned residential development.
7. Permitted as part of mixed use development with approval of a conditional use permit
(maximum R-20 density).
Ordinance No.027-16
Page 15 of 20
8. Accessory dwelling unit shall be located on or above the second floor of the primary building
in which it is located. Stand-alone accessory dwelling units are not allowed.
9. Shall comply with the requirements of POMC 16.38.
Table 16.30.090 - Resource land uses.
P = Permitted
C = Conditional
A = Administrative permit required Greenbelt Residential - Mobile Home Park Residential - 4.5 Units/Acre Residential - 8.0 Units/Acre Residential -12.0 Units/Acre Residential - 20.0 Units/Acre Commercial Retail and Office Business Professional 1 Business Professional II Mixed Uses 3
3
3
5 i I J
j
3
»•
> V L « : it ] O Community Facilities Gb RMH R4.5 R8 R12 R20 Co BP 1 BP II Mxd Eo Cf
Agriculture
01 Growing and harvesting crops P6 C C C
181 Greenhouses and nurseries C C5 C5 C5
02 Raising livestock and small animals P7 C C C
F orestry
08
Growing and harvesting forest
products P
* Forest research P P2 P2 P2
F ish and Wildlife Management
921 Hatchery/fish preserve PI
273 Aquaculture PI
* Wildlife shelters P C3
P Mineral
10-13 Mineral extraction
14 Mining and quarrying C
32 Processing of minerals C4 C4 C
2951
Asphalt paving mixtures and
blocks C P
lesource Accessory Uses
* Resource accessory uses C
Ordinance No.027-16
Page 16 of 20
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. May be further subject to the provisions of the shoreline management program.
2. Only forest research conducted within an enclosed building.
3. Only within an approved enclosed or contained facility subject to appropriate county and
state requirements.
4. Only artisan type activities, such as pottery or glass blowing, which are a secondary or
accessory use to a retail activity.
5. As a secondary or accessory use to a residential activity without retail sales, where larger
than 200 square feet.
6. May be further subject to the provisions of EPA and DOE in regard to the use of fertilizers,
pesticides, and other chemicals.
7. May be further subject to the provisions of EPA and DOE in regard to the buffering of
streams, wetlands, and other freshwater corridors.
Table 16.30.100 - Retail land uses.
P = Permitted
C = Conditional
A = Administrative permit
required Greenbelt 1
\
>
i > »
i
J
\ -* 1 L. i (0 : o. Residential - 4.5 Units/Acre Residential - 8.0 Units/Acre Residential -12.0 Units/Acre Residential - 20.0 Units/Acre Commercial Retail and Office Business Professional i Business Professional li Mixed Uses Employment Industrial and Office Community Facilities Gb RM
H R4.5 R8 R12 R20 Co BP 1 BP II Mxd Eo Cf
Retail Land Uses
5271 Mobile home sales C P
*
Building, hardware and
garden materials P PI P
* Forest products sales C P
* Department and variety P P
Ordinance No.027-16
Page 17 of 20
stores
54 Food stores P P P2
* Agricultural crop sales C3 C3
* Motor vehicle dealers P C P
553 Auto supply store P4 P4 P
554 Gasoline service station P C P
555 Boat dealers P C P
56
Apparel and accessory
stores P P
*
Furniture and home
furnishing stores P P
58
Eating and drinking
places P6
P9
P A2,
*
Adult entertainment
facilities P5,6
* Drug stores P P C2
592 Liquor stores P P
593
Used goods:
antiques/secondhand
shops P P
594
Miscellaneous shopping
goods P P
*
Book, stationery, video
and art supply P6 P6
*
Monuments, tombstones
and gravestones P P
* Bulk retail P C
* Auction houses C C C
598 Fuel dealers P7 P7 P
* Pet shop P P
6512
Banks and financial
services P P2,8 P2,8 C
Petroleum
2911 Petroleum 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.
Ordinance No.027-16
Page 18 of 20
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.
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.
7. Limited to office use
8. No drive through permitted
9. Limited to a maximum of 2,000 Sq. ft. and no franchise outlets. Drive through not permitted.
SECTION 5. POMC section 16.38.040 "Home Based Businesses - Requirements" (1) is
hereby amended to read as follows:
(1) Home businesses are permitted in a residential dwelling unit subject to the
provisions of the city's zoning ordinance and if all of the following criteria are
met:
(a) The home business shall clearly be subordinate to the use of the dwelling unit
for residential purposes. The burden of establishing that the home business is
subordinate to the primary residential use is upon the applicant for a business
license.
(b) The home business shall be owned or conducted by a resident of the dwelling
unit. If the applicant for the business license is a resident but does not own the
dwelling unit, the applicant shall obtain written approval of the proposed home
business from the owner. The burden of establishing that the home business is
owned or conducted by a resident of the dwelling unit is upon the applicant for a
business license.
(c) No more than one person who is not a resident shall be employed in the
home business without obtaining a conditional use permit.
(d) If more than one home business is proposed to be located or conducted
within any single dwelling unit, including accessory structures, and a conditional
use permit is required by the provisions of this chapter or the city's zoning
ordinance for one or more of the home businesses, the applicant shall obtain a
separate conditional use permit for each home business.
(e) The residential character of the building shall be maintained and the business
shall be wholly situated indoors. There shall be no exterior display, alteration of
the property, expansion of parking, storage or other exterior indication of the
Ordinance No.027-16
Page 19 of 20
existence of the home business, except as may be allowed by the underlying
zone or under POMC 15.65.135. Signs may be allowed in accordance with the
city's sign regulations.
(f) Home businesses shall not involve the use of more than 40 percent or 1,000
square feet, whichever is less, of the combined gross floor area of the principal
residential building, garage, and the living area of any accessory structure.
(g) A home business shall not include the following uses: commercial instruction
with four or more students, commercial stable, kennel, restaurant, medical
clinic, vehicle detailing, and minor or major vehicle repair.
(h) The home business shall not infringe upon the right of neighboring residents
to enjoy the peaceful occupancy of their homes. No offensive noise, vibration,
smoke, dust, odor, heat, glare or unusual or excessive traffic to and from the
premises shall be produced or generated by the home business.
(i) There is no use of electrical or mechanical equipment which would change the
fire rating of the structure or which would create visible or audible interference
in radio or television receivers or which would cause fluctuations in line voltage
outside the dwelling.
(j) In order to better ensure neighborhood compatibility, if a conditional use
permit is required by the provisions of this chapter or the city's zoning
ordinance, the applicant may be required to install and maintain landscape
screening or similar sight obscuring structures such as fencing.
(2) Persons engaged in legal home businesses on the effective date of the
ordinance codified in this chapter shall be considered legal, provided the
operation is consistent with all of the above-listed standards. Any home business
which was legally established but does not currently conform to all those
standards may not expand or enlarge and shall be subject to revocation of their
business license upon:
(a) Change of use, sale or transfer of the home business, or relocation of the
home business to a new location; or
(b) Written complaint of adjacent or nearby resident which clearly establishes
that the home business is interfering with the use and enjoyment of the
neighboring premises and is not compatible with the residential environment in
which it is located;
(c) Revocation of a home business license under the provisions of this section
shall conform to the processes and procedures of POMC 16.38.050.
Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
Ordinance No.027-16
Page 20 of 20
section, sentence, clause or phrase of this Ordinance.
Section 7. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 8. Effective Date. This Ordinance shall take effect and be in full force and effect
five days after publication, as provided by law.
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 9th day of August 2016.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, CMC, City Clerk
fitnyv h\ O \
APPROVED AS TO FORM
Shawn Cucciardi, Councilmember ron Cates, City Attorney
PUBLISHED: August 19, 2016
EFFECTIVE DATE: August 24, 2016
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 August 9th, 2016.
ORDINANCE NO. 027-16
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT
ORCHARD MUNICIPAL CODE CHAPTERS 16.06.035, 16.08.158, 16.30 AND 16.38.040
TO DELETE THE ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS, RECLASSFIY
LAND USES AS QUASI-JUDICIAL CONDITIONAL USES OR PERMITTED USES, ALLOW
CHURCHES IN VARIOUS ZONES CONSISTENT WITH THE RELIGIOUS LAND USE AND
INSTITUTIONALIZED PERSONS ACT, AND MAKE MINOR CLARIFICATIONS, CHANGES
AND CORRECTIONS.
Copies of Ordinance No. 027-16 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. 027-16 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, August 19th, 2016