056-19 - Ordinance - Adopting Minor Revisions and Corrections to Title 20oRDtNANCE NO. 056-19
AN ORDTNANCE OF THE C TY OF PORT ORCHARD, WASHINGTON,
ADOPT NG MTNOR REVISIONS AND CORRECTIONS TO TITLE 20 OF THE
PORT ORCHARD MUN CIPAL CODE; PROVIDING FOR SEVERAB L TY AND
CORRECT ONS; AND ESTABL SH NG AN EFFECT VE DATE.
WHEREAS, on June L3,20L7, the Port Orchard City Council adopted ordinance OL9-L7
establishing a new unified development code (Title 20 POMC); and
WHEREAS, on March L3,2OL8, the Port Orchard City Council adopted ordinance 010-18,
which corrected minor errors and made other minor revisions to Title 20 PoMC; and
WHEREAS, since the adoption of ordinance 010-18, City staff have docketed additional
minor errors and several other proposed minor revisions to Title 20, pursuant to Chapter
20.06.020(7); and
WHEREAS, the City may adopt amendments to the City's development regulations
pursuant to RCW 36.70A.106; and
WHEREAS, on August 19,zOLg, the city submitted to the Department of commerce a
request for expedited review of the proposed minor revisions and corrections to Title 20,
pursuant to RCW 35.70A.105(3Xb); and
WHEREAS, on September 13, zOLg,the City's SEPA official issued a determination of
non-significance for the proposed adoption of minor revisions and corrections to Title 20, and
there have been no appeals; and
WHEREAS, on October 1, zOLg, the Planning Commission held a duly-noticed public
hearing on the proposed adoption of minor revisions and corrections to Title 20, and public
testimony was received, and the Planning Commission recommended approval of the proposed
adoption; now, therefore,
THE CITY COUNC L OF THE CIW OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTI ON 1. The C ity Council adopts all of the "Whereas" sections of this ordinance as
findings in support of this ordinance.
SECT ON 2. The following definitions are added to Chapter 2O.L2:
Ordinance No.056-19
Page 2 of 67
"Accessory building" means any building of which the form and use are subordinate in both
purpose and size, incidental to and customarily associated with a principal permitted building
and use located on the same lot. Also see section 20.39.010 and Article Vll, Accessory Uses.
"Principal building" means a building in which is conducted the main or primary use of the lot
on which it is located. Generally, this use will be a principal permitted use as provided in section
20.39.010. lt is possible for a lot to have more than one principal building and principal use.
SECTI ON 3. Cha pter 20.24 is revised to read as follows:
Chapter 20.24
APPLICATION PROCEDU RES
Sections:
20.24.OLO Preapplication conference.
20.24.O2O Master permit required.
20.24.O3O Submission requirements.
20.24.O4O Counter-completeness.
20.24.O5O Technical completeness.
20.24.060 Required corrections.
20.24.07O Revisions.
2O.24.O80 Project review - Public notice.
20.24.O9O Decision criteria.
20.24.LOO Notice of decision.
20.24.OtO Prea pplication conference.
(1) The purpose of a preapplication conference is to discuss the nature of the proposed
development; application and approval requirements, fees, review process, and schedule; and
applicable policies and regulations. As appropriate, the director shall invite representatives of
affected agencies, such as other city departments and special purpose districts, to attend any
preapplication meeting. The preapplication conference may be recorded.
(2) Requests for scheduling a preapplication conference shall be submitted on forms provided
by the city along with payment of the associated fee pursuant to the city's current fee schedule'
(3) Unless waived by the director, potential applicants or their designees are required to attend
a preapplication conference with city staff for all Type ll, Type lll, and Type lV land use actions'
This meeting requirement should be deemed waived in the event the director or director's
designee is unavailable to meet within 30 calendar days of a request for such meeting. When a
Ordinance No.056-19
Page 3 of 67
preapptication conference is required, the applicant shall meet with the director and any other
staff members, as appropriate, to discuss the proposed development.
(a) Applicants may also request an optional preapplication conference if not otherwise
required.
(5) Whether the preapplication conference is mandatory or requested by the applicant, the
following information shall be provided to the city by the applicant at least L4 calendar days
prior to the date of the preapplication conference:
(a) ldentification of the subject property;
(b) Description of the type of planned devetopment, including proposed uses, estimated
density; and
(c) ldentification of any requests for deviation from code requirements.
(6) Failure of the director or any city staff member to provide any of the information required
by this section shall not constitute a waiver of any of the standards, criteria, or requirements
for the application. Any discussion at the preapplication conference is for the purpose of
acquainting the applicant with the known requirements for an undefined proposal. As a result,
the discussions shall not bind the city in any manner or prevent the city's future enforcement of
all applicable codes, plans, and regulations.
2O.24.O20 Master permit required.
(1) A master permit application is required for all land use and development projects and shall
be submitted in conjunction with the associated permit application(s) required for the project.
The master permit application may not be submitted alone.
(2) The director shall establish and may revise at his/her discretion submittal requirements for
the master permit application. At a minimum, the master permit application shall require the
following:
(a) Name and contact information of applicant;
(b) Signature by the property owner or person having authorization to sign on behalf of the
property owner;
(c) List of all project permit applications submitted with the master permit;
(d) List of any permits or decisions applicable to the project proposal that have been obtained
prior to filing the application or that are pending before the city or any other governmental
entity;
(e) lndication of whether review under the State Environmental Policy Act (SEPA) applies to the
project, or if the project is categorically exempt, pursuant to Chapter 20.160 POMC; and
Ordinance No.056-19
Page 4of67
(f) lndication of whether stormwater drainage review applies to the project pursuant to
Chapter 20.150 POMC.
(3) For purposes of this subtitle, all referencesto an "application" refersto both the master
permit and associated permit application(s).
20.24.O30 Submission requirements.
(1) The director shall establish and may revise at his/her discretion submittal requirements for
each type of land use and development permit application required under this title. The
submittal requirements shal! be in the form of a counter-complete checklist. The requirements
shall be made available to the public in a form that clearly explains what material must be
submitted for an application to be considered complete, including type, size, detail, and
number of copies for each item.
(2) At a minimum, the following shall be completed and submitted by the applicant for all land
use and development aPPlications:
(a) Master permit application form, pursuant to POMC 2O.24.O2O;
(b) Appropriate application form, provided by the department, for each permit submitted with
the master permit, including all required items stated therein;
(c) payment of any and all applicable permit fees pursuant to this title and the city's current fee
schedule at the time of application;
(d) Environmental checklist (if not exempt from SEPA review pursuant to Chapter 20.160
POMC) and any requirements for SEPA review, when applicable; and
(e) Applicable signatures, stamps, or certifications, and attestation by written oath of applicant
to the accuracy of all information submitted for an application.
(f) Requirements for related permits shall also be provided when applicable.
(3) The director may require additional material when the director determines, after a
determination of technical completeness pursuant to POMC 2O.24.O50, that such information is
needed to adequately assess the proposed project.
(a) When not required by law, submittal requirements may be waived by the director, in
writing, only if the applicant can demonstrate that normally required information is not
relevant to the proposed action and is not required to show that an application complies with
applicable city codes and regulations.
(5) The city's acceptance of documents from an applicant using a counter-complete checklist is
used only for purposes of documenting what was submitted by the applicant; it is not a
Ordinance No.056-19
Page 5 of 67
technical review for completeness or compliance with state or local laws and regulations. See
POMC 20.24.040 for the counter-complete review process. (Ord . OL9-L7 5 fg (Exh. 1)).
2O.24.O40 Cou nter-com pleteness.
(1) Applications may either be brought in person to the city or applications may be mailed to
the city for counter-complete review.
(2) An application is counter-complete if the director finds that the application purports and
appears to include the information required by the master permit application and associated
permit application(s); provided, no effort shall be made to evaluate the substantive adequacy
of the information in the application(s) in the counter-complete review process. No effort shall
be made to determine ownership of land as part of the counter-complete review process.
(3) The director shall make a counter-complete determination regarding an application brought
in person to the city while the applicant is present. For applications mailed to the city, the
counter-complete determination shall be made within two business days from the date of
receipt. lf the city does not provide a counter-comptete determination for a mailed application,
the application shall be deemed counter-complete as of the third day from receipt.
(4) lf the director decides the application is counter-complete, then the application may be
submitted and the appropriate fee shall be paid by the applicant.
(5) lf the director decides the application is not counter-complete, then the city shall reject and
return the application and identify in writing what is needed to make the application counter-
com p lete.
20.24.050 Application review.
(1) Within five (5) business days of determining an application as counter complete, the
director shall transmit a copy of the application, or appropriate parts of the application, to
each affected government agency and city department for review and comment to
determine technical completeness of the application. The affected agencies and city
departments shall have fifteen (15) calendar days from the date of the transmittal to
comment on whether the application is technically complete and to provide a list of missing
information if it is not complete. The agency or city department is presumed to have no
comment if comments are not received within this fifteen (15) calendar day period from
application transmittal. The director shatl grant an extension of time only if the application
involves unusual circumstances, provided comments are received at least three (3) business
days prior to the 28-day deadline for determining technical completeness.
Ordinance No.056-19
Page 5 of 67
20.24.060 Technical completeness.
(1) Within 28 calendar days of determining an application as counter-complete, the director
shall determine whether an application is technically complete. A project permit application is
technicalty complete for purposes of this section when it meets the submission requirements of
this chapter as welt as the submission requirements contained in other applicable sections of
the code. This determination of technical completeness shall be made when the application is
sufficient for continued processing even though additional information may be required or
project modifications may be subsequently undertaken.
(2) A determination of technical completeness shall not preclude the city from requesting
additional information or studies either at the time of the notice of completeness or at some
later time. Such new information may be required to establish whether the proposal meets
applicable city codes and regulations, whether additional environmental study is required, or,
more generally, when there are substantial changes in the proposed action.
(3) The city may determine that a counter-complete application is not technically complete
because the information submitted is not sufficient for further processing, is incomplete, or is
factually incorrect. lf the applicant receives a written determination from the city that an
application is not technically complete, the applicant shall have up to 90 calendar days to
submit the necessary information to the city. Within L4 calendar days after an applicant has
submitted the requested additional information, the city shall determine whether the
application is tech n ically complete.
(4) lf an applicant either refuses in writing to submit additional information or does not submit
the required information within 90 calendar days, the application shall be terminated.
(5) lf the director does not provide written notification that an application is technically
incomplete within the 28-day period, the application shall be deemed technically complete for
processing as of the twenty-ninth calendar day following the determination of counter-
completeness.
2O.24.O7O Project Review - Public Notice.
(L) Within 10 business days of determining an application as technically complete, and before
making a decision on the application, the director shall issue a notice of application as set forth
in 20.25.010. The director shall grant an extension of time only if the application involves
unusual circumstances.
(2) Except when a land use action is categorically exempt from SEPA, environmental review
shall be conducted concurrently with review of other proposed land use actions requested by
Ordinance No.056-L9
Page 7 of 67
an applicant. When a proposed development requires more than one land use action, the
applicant may request concurrent review of all proposed land use actions.
20.24.O80 Required corrections.
(1) Following a determination of technical completeness and the commencement of project
review, the director may make a determination in writing that some information is incorrect or
that additional information is required. The applicant shall have up to 90 calendar days to
su bmit corrected/additional information.
(2) Within 14 calendar days of receiving corrected/additional information, the director shall
determine whether the information, plans, or other review materials are now correct and
sufficient for further review. lf the city determines that the information submitted by the
applicant is insufficient, or if additional information is required, the city shall notify the
applicant of the deficiencies and the procedures of this section shall apply as if the city made a
new request for information.
(3) lf an applicant either refuses in writing to submit additional information or does not submit
the required information within 90 calendar days, the application shall be canceled.
20.24.090 Revisions.
(1) lf, in the judgment of the director, the content of an application is so substantially revised by
an applicant, either voluntarily or as corrections, that such revised proposal constitutes a
substantially different proposal than that originally submitted, the director shall deem the
revised proposal to be a new application.
(2) ln reaching a decision whether a revision is substantial, the director shall consider the
relative and absolute magnitude of the revision, the environmental sensitivity of the site, any
changes in location of significant elements of the project and their relation to public facilities,
surrounding lands and land uses, and the stage of review of the proposal. Lesser revisions that
would not constitute substantial revisions during earty stages of review may be substantial
during later stages due to the reduced time and opportunity remaining for interested parties to
review and comment upon such changes.
(3) Written notice of such determination of substantial revision shall be provided to the
applicant and all parties of record.
(4) A determination that any revision is substantial shall result in the time periods mandated by
the Regulatory Reform Act, Chapter 36.708 RCW, and set forth in this title to reset and start
from the date at which the revised project application is determined to be technically complete.
Ordinance No.056-19
Page 8 of 67
(5) A revised project application shall be subject to all laws, regulations, and standards in effect
on the date of receipt of such technically complete substantial revision.
20.24.LOO Decision criteria.
The criteria set forth below shall apply to all Type I through lV land use and development
permit applications:
(1) Determination of Consistency. The applications are reviewed by the city to determine
consistency between the proposed project and the applicable land use and development
regulations and the comprehensive plan. A proposed project's consistency with the city's land
use and development regulations shall be determined by consideration of:
(a) The type of land use;
(b) The level of development, such as units per acre or other measures of density;
(c) Availability of infrastructure, including public facilities and services needed to serve the
development; and
(d) The character of the development, such as development standards.
(2) Upon review of an apptication, the decision-maker shall also determine whether the building
and/or site design complies with the following provisions:
(a) The comprehensive plan;
(b) The applicable provisions of this title;
(c) The Washington State Environmental Policy Act (SEPA), pursuant to Chapter 20.160 POMC, if
not otherwise satisfied;
(d) The city's public works design standards.
(3) Additional Review Criteria. Additional review criteria appear in each chapter or section of
the pOMC relating to the development regulations for an individual project permit application
or other approval. All of the criteria in this section and the criteria relatingtothe individual
application(s) must be satisfied in order for the city to make a determination of consistency and
issue an approval.
(a) Limitations on Review. During project review, the city shall not reexamine alternatives to or
hear appeals on the review requirements of this section except for issues of code
interpretation.
(5) Burden of proof. The burden of proof for demonstrating that the application is consistent
with the applicable regulations is on the applicant.
2O.24.LL0 Notice of decision.
Ordinance No.056-19
Page 9 of 67
(1) Contents. The notice of decision issued by the director for Type I and ll actions, and the
findings of fact and conclusions of law issued by the hearing body on Type lll and lV actions
shall include the following, as a minimum:
(a) A list of all project permits included in the decision, including all permits being reviewed
through the consolidated review process;
(b) Date and description of the decision;
(c) Statement of any threshold determination made under SEPA (Chapter 43.2LC RCW);
(d) Procedures for an administrative appeal, if any;
(e) Statement that the affected property owners may request a change in property tax
valuation notwithstanding any program of revaluation by contacting the Kitsap County
assessor;
(f) Duration of the permit approval and a statement summarizing the permit expiration and
extension procedures (if any); and
(g) Statement that the complete project permit file, including findings, conclusions, and
conditions of approval, if any, is available for review. The notice shall list the place that the file
is available and the name and telephone number of the city representative to contact about
reviewing the file.
(2) persons Entitled to Receive Notice of Decision. A notice of decision, or the written findings
of fact and conctusions, shall be provided to the applicant, to any person who submitted
written comments on the application (other than a signed petition), to any person who testified
at the hearing or any person who requested a copy of the decision, and to the Kitsap County
assessor.
(3) For project permit applications, the city shall issue a notice of decision within L2O days of
the issuance of the determination of technical completeness on the application, unless the
applicant has agreed to a different deadline.
(a) ln calculating the time periods for issuance of the notice of decision, the following periods
shall be excluded:
(a) Any period during which the applicant has been requested by the director to correct plans,
perform required studies, or provide additional required information. The period shall begin
from the date the director notifies the appticant of the need for additional information, until
the date the director determines that the additional information satisfies the request for
information, or 14 calendar days after the date the additional information is provided to the
city, whichever is earlier;
(b) lf the director determines that the information submitted is insufficient, the applicant shall
be informed of the particular insufficiencies and the procedures set forth in POMC 20-24.060
for catculating the exclusion period shall apply;
Ordinance No.056-19
Page LO of 67
(c) Any period during which an environmental impact statement (ElS) is being prepared
pursuant to Chapler 43.2LC RCW and Chapter 20.160 POMC;
(d) Any period for consideration and issuance of a decision for administrative appeals of project
permits;
(e) Any extension of time mutually agreed to in writing by the director and the applicant.
(5) The time limits established in this section do not apply to applications that:
(a) Are not project permit applications (such as amendments to the comprehensive plan or a
development regu lation );
(b) Requires siting approval of an essential public facility;
(c) Are substantially revised by the applicant, in which case the time period shall start from the
date that a determination of completeness for the revised application is issued by the director.
SECT ON 4. Section 2O.32.OO7 is revised to read as follows:
20.32.007 Exceptions.
Mechanical equipment buildings associated with public utilities, such as well houses or sewer
lift stations, shall be exempt from the standards in this chapter.
SECT ON 5. Section 2O.32.OL5 is revised to read as follows:
20.32.015 Building type zoning matrix.
(1) Building Type Zoning Matrix Key.
a) Permitted Building Type (P). lndicates a building type is permitted in the zone.
(b) Building Type Not Permitted (--). lndicates a building type is not permitted in the zone.
Building Type R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU cc CH I F LI HI cr PR P F
Detached House P P P P P P P
Backyard Cottage P P P P P P P
P P P P P
Duplex: Side-by-P P P P
Cottage Court
Ordinance No.056-19
Page LLof67
Building Type R1 R2 R3 R4 R5 R6 GB RMU NMU CMU DMU GMU BPMU cc CH I F LI H I cr PR PF
Side
Duplex: Back-to-
Back
P P P P
Attached House P P P P
Fourplex P P P P
Townhouse P*P P P P P P P
Apartment P P P P
Live-Work P P P P P P P P
Shopfront House P P P P P P
Single-Story
Shopfront
P P P P P
Mixed Use
Shopfront
P P P P P
General Building P P P P P P P P P P
Manufactured or
Mobile Home
Park
Accessory
Building
P P P P P P P P P P P P P P P P P P P P
* See restriction in POMC 20.32.090
Section 20.32.080 FourPlex.
P
P
P
P
P
SECTION 5. Section2O.32.O80 is revised to read as follows:
Ordinance No.056-19
Page t2of67
(1) Definition. A building type that accommodates three to four dwelling units vertically or
horizontally i ntegrated.
(2) Districts where allowed: R3, R4, R5, NMU'
,
-Z
/
\
I
I
I
I
Ordinance No.056-19
Page 73 of 67
(3) Lot and Placement.
(a) Minimum lot area: 7,000 square feet.
(b) Minimum lot width: 65 feet.
(c) Maximum lot coverage: set by district,
(d) Primary street setback: set by district.
(e) Side street setback: set by district.
(f) Side interior setback: set by district.
(g) Rear setback: set bY district.
(a) Dwellings allowed per lot: minimum three, maximum four
{
0
-acP
(5) Height and Form.
*r€
t-8
(5) Build-to Zone (BTZ).
(a) Building facade in primary street BTZ: set by district.
(b) Building facade in secondary street BTZ: set by district.
\\
Ordinance No.056-19
Page L4of67
(a) Maximum principa! building height: three stories/3S feet.
(b) Maximum accessory structure height:24 feet.
(c) Minimum ground floor elevation:two feet.
(d) Minimum ground floor transparency: 20 percent.
(e) Minimum upper floor transparency: 20 percent.
(f) Maximum blank wall area: L5 feet.
(g) Pedestrian Access.
(i) Entrance facing primary street: required.
(h) Building Elements Allowed.
(i) Awning/Canopy. See POMC 20.L22.O2O.
(ii) Balcony. See POMC 2O.L22.O3O.
(iii) Porch. See POMC 2O.L22.O60.
(iv) Stoop. See POMC 2O.L22.O7O.
(i) Parking Location.
(i) Front/corner yard restrictions: Parking not allowed in front/corner yards.
(ii) Garage Door Restrictions.
SECTION 7. Section 20.32.090(1) is revised to read as follows:
Section 20.32.090(1) Townhouse.
,
t
I.-,
I
I:
I
a
-I
I
*-t
i II
Ordinance No.056-19
Page L5of67
(1) Definition. A building type that accommodates three or more dwelling units where each unit
is separated vertically by a common side wall and located on its own lot. Units cannot be
verticaly mixed. A subdivision or short subdivision may be required to construct townhome
units.
(2) Districts where allowed: R2 (three to four unit residential attached only), R3, R4, R5, RMU,
NMU, CMU, GMU, BPMU.
(3) Lot and Placement.
(a) Minimum site area: 5,000 square feet minimum'
(b) Minimum site width: 70 feet.
(c) Minimum lot area: set by district.
(d) Minimum lot width: set by district.
(e) Maximum lot coverage: set by district'
(f) Primary street setback: set by district'
(g) Side street setback: set by district.
(h) Side interior setback: set by district.
(i) Rear setback: set bY district.
i'-\
-D
-^-l
I
.ih
"b€
Ordinance No.056-19
Page t6of67
(a) Dwellings allowed per lot: one minimum, one maximum.
(s) Build-to Zone (BTZ).
(a) Building facade in primary street BTZ: set by district.
(b) Building facade in secondary street BTZ:. set by district.
"\
6.-rcP-*bez
(6) Height and Form.
(a) Maximum principal building height: three stories/35 feet maximum.
(b) Accessory structure:24 feet maximum.
(c) Minimum ground floor elevation: two feet minimum.
(d) Unit width: 20 feet minimum.
(e) Number of units permitted in a row: six maximum.
(f) Transparency ground story: 20 percent minimum'
(g) Transparency upper story: 20 percent minimum'
(h) Blank wall area: 35 feet maximum.
(i) Pedestrian Access.
(i) Entrance facing primary street: required'
U) Building Elements Allowed.
(i) Awning/Canopy. See POMC 2O.L22.O2O'
(ii) Balcony. See POMC 2O.L22.O3O.
(iii) Porch. See POMC 20.L22.O6O.
(iv) Stoop. See POMC 20.L22.070.
(k) Parking Location.
(i) Front/corner yard restrictions: not allowed in front/corner yards.
(ii) Garage Door Restrictions.
SECTION 8. Section 20.32j00 is revised to read as follows:
20.32.LO0 APartment.
=r€
)
II
Ordinance No.056-19
Page L7 of 67
(1) Definition. A building type that accommodates five or more dwelling units vertically and
horizontally integrated.
(2) Districts where allowed: R3, R4, R5, GMU, CMU'
/
a
t-
I
I
Ir f
z)I
I
Ia
-:L
Ordinance No.056-19
Page L8of67
(3) Lot and Placement.
(a) Minimum lot area: set by district.
(b) Minimum lot width: set by district.
(c) Maximum lot coverage: set by district.
(d) Primary street setback: set by district.
(e) Side street setback: set by district.
(f) Side interior setback: set by district.
(g) Rear setback: set by district.
( ) Dwellings allowed per lot: five minimum, no maximum.
(5) Build-to Zone (BTZ).
(a) Building facade in primary street BTZ: set by district.
(b) Building facade in secondary street BTZ: set by district.
x,
qr\\QiP\
t-8
(6) Height and Form.
(a) Maximum building and structure height: set by district.
(b) Minimum ground floor elevation: two feet minimum.
(c) Maximum building length:
Ordinance No.056-19
Page 79 of 67
(d) Minimum ground story transparency: 20 percent.
(e) Minimum upper story transparency: 20 percent.
(f) Maximum blank wall area:35 feet.
(g) Pedestrian Access.
(i) Entrance facing primary street: required.
(ii) Entrance spacing along primary street: 100 feet maximum.
(h) Building Elements Allowed.
(i) Awning/Canopy. See POMC 2O.L22.O2O.
(ii) Balcony. See POMC 2O.L22.O30.
(iii) Forecou rt. See POM C 2O.L22.04O.
(iv) Porch. See POMC 20.L22.06O.
(v) Stoop. See POMC 20.L22.O7O.
(i) Parking Location.
(i) Front/corner yard restrictions: not allowed.
SECTION 9. Section 2O.34.0L0 is revised to read as follows:
Section 2O.34.OL0 Residential 1 (R1).
(1) lntent. The R1 district is intended to accommodate single-family detached houses with a
minimum lot size of 5,000 to 6,000 square feet. (Cottage court developments may have
individual lots as small as 1,200 square feet, as indicated below.) R1 may be applied in areas
designated as residential low or residential medium in the Port Orchard comprehensive plan.
Uses and building types that would substantially interfere with the single-family residential
nature of the district are not allowed.
(2) Building Types Allowed. The allowed building types in the R1 zone are as follows:
(a) Detached house (POM C 20.32.0201.
(b) Backyard cottage (detached ADU) (POMC 20.32.030).
(c) Accessory buildings (POMC 2O.32.OL0(16)).
(d) Cottage court (POMC 20.32.040).
Ordinance No.056-19
Page 20 of 67
R1 Building Types
(3) Lot Dimensions.
*
)\
(a) Minimum Lot Size.
(i) Lots that take vehicular access from primary street: 5,000 square feet.
(ii) Lots that do not take vehicular access from primary street (lots with vehicular access from
alley): 5,000 square feet.
-a
'Tr I
\
Y
1
.-EI
Ordinance No.055-19
Page 2L of 67
(iii) Cottage court: L,200 square feet (see POMC 20.32.040).
(b) Minimum lot width: 50 feet.
(4) Maximum hard surface coverage is 50 percent.
(5) Principal Building Setbacks.
(a) Primary street: 10 feet minimum or average front setback (see POMC 20.40.020l,.
(b) Side street: 10 feet minimum.
(c) Side interior: five feet minimum.
(d) Rear: 10 feet minimum
(5) Accessory Structure Setbacks.
(a) Primary street: 40 feet minimum
(b) Side street: 10 feet minimum
(c) Side interior: five feet minimum
(d) Rear: three feet minimum (rear setback for an accessory structure abutting an alley may be
reduced to two feet).
R1 Building Placement
(7) Building Height.
(a) Principal building: three stories/35 feet maximum.
(b) Accessory structu re:24 feet maximum.
I
\
F
Ordinance No.056-19
Page 22 of 67
\
*'\.
^./- _._-
- -Ft /'z'\.-./ -/ \:./ -. '\,/ /,'/-
)
R1 Building Height
SECT ON 10. Section 20.35.010 is revised to read as follows:
(1) lntent. The RMU district is intended to accommodate working and living in close proximity
to one another, including in the same physical space. Building type options include townhouse
and live-work. The RMU zone should be applied in areas where the existing or proposed land
use pattern promotes live-work uses and in areas designated as commercial in the Port Orchard
comprehensive plan. This designation may also be applied in areas designated residential high
density in the comprehensive plan; provided, that the area abuts areas designated commercial
and residential high density such thatthe application of the RMU district acts as a transitional
zoning district. Uses that would substantially interfere with the live-work nature of the district
are not allowed.
(2) Building Types AIlowed. The allowed building types in the RMU zone as follows:
(a) Townhouse (POMC 20.32.090).
(b) Live-work (POM C 20.32.110).
(c) Shopfront house (POMC 20.32.120).
(d) Accessory buildings (POMC 20.32.0L0 (15)).
20.35.01.0 Residential mixed use (RMU).
Ordinance No.056-19
Page 23 of 67
t
a'
-!
!]l
t
I
RMU Building Types
(3) Lot Dimensions.
RMU Zone Lot Dimensions
(a) Minimum Lot Size.
(i) Townhouse: 1,000 square feet.
(ii) Live-work: 1,000 square feet.
(iii) Shopfront house: 5,000 square feet.
(b) Minimum Lot Width.
(i) Townhouse.
I
*vr
I
y'.
-a
Ordinance No.056-19
Page 24 of 57
(A) Lots that take vehicular access from primary street: 30 feet.
(B) Lots that do not take vehicular access from primary street: L6 feet.
(ii) Live-work: 16 feet.
(aii) Shopfront house: 60 feet.
(a) Maximum hard surface coverage is 90 percent.
(5) Building Setbacks.
(a) Primary street: zero feet minimum/10 feet maximum.
(b) Side street: zero feet minimum/10 feet maximum.
(c) Side interior: zero or five feet minimum.
(d) Rear: 10 feet (four feet if abutting an alley).
RMU Building Setback and Build-to Zone
(6) Buald-to Zone.
(a) Building facing primary street: 70 percent minimum (percent of lot width).
(b) Building facing side street: 35 percent minimum (percent of lot width).
(7) Building Height.
(a) Three stories/35 feet maximum.
Ordinance No,056-19
Page 25 of 67
RMU Zone Building Height
SECTION 11. Section 20.35.030 is revised to read as follows:
20.35.030 Commercial mixed use (CMU).
(L) lntent. The commercial mixed use district is intended to accommodate a broader range of
residential and nonresidential activity than neighborhood mixed use. To promote walkability
and compatibility, auto-oriented uses are restricted. Building type options include: townhouse,
apartment, live-work, shopfront house, single-story shopfront, mixed use shopfront and
general building. Commercial mixed use should be applied in areas where the existing or
proposed land use pattern promotes mixed use and pedestrian-oriented activity and may be
applied in areas designated commercial in the comprehensive plan.
(2) Building Types Allowed. The allowed building types are as follows:
(a) Townhouse.
(b) Apartment.
(c) Live-work unit.
(d) Shopfront house.
(e) Si ngle-story shopfront.
(f) Mixed use shopfront.
(g) Genera! building.
(h) Accessory buildings (POMC 20.32.OL0 (15)).
Ordinance No.055-19
Page 26 of 67
CMU Building Types
(3) Lot Dimensions.
(a) Minimum Lot Size by Building Type.
(i) Townhouse: 800 square feet.
(ii) Apartment: 5,000 square feet.
(iii) Live-work unit: 1,000 square feet.
(iv) Shopfront house: 5,000 square feet.
(v) Single-story shopfront: 5,000 square feet.
(vi) Mixed use shopfront: 5,000 square feet.
(vii) General building: 5,000 square feet.
(b) Minimum Lot Width.
(i) Townhouse: L5 feet.
(ii) Apartment: 50 feet.
(iii) Live-work unit: see POM C 2O.32.110(3Xd).
(iv) Shopfront house: 50 feet.
(v) Single-story shopfront: 50 feet.
(vi) Mixed use shopfront: 50 feet.
(vii) General building: 50 feet.
(a) Maximum hard surface coverage is 80 percent.
a.
!
\
?'
)a'
I
g
>
I
VQ,
-
.h.
Ordinance No.056-19
Page 27 of 67
\
^Z ttn
"/
-t
)..._7,
CMU Lot Dimensions
(5) Building Setbacks.
(a) Primary street: zero feet minimum/lO feet maximum.
(b) Side street: zero feet minimum/10 feet maximum.
(c) Side interior: zero feet minimum.
(d) Rear: 20 feet minimum (rear if abutting an alley: four feet minimum).
(6) Build-to Zone.
(a) Building facade in primary street: 70 percent minimum (percent of lot width).
(b) Building facade in side street: 30 percent minimum (percent of Iot width).
b d
Ordinance No.056-19
Page 28 of 67
CMU Building Placement
(7) Parking Location. Parking shall be allowed as follows except where another standard is
specified in Chapter 20.124 POMC:
(a) Front yard: not allowed.
(b) Corner yard: not allowed.
(c) Side yard: allowed.
(d) Rear yard: allowed.
(8) Building Height. All buildings and structures: three and one-half stories/4O feet maximum.
CMU Building Height
SECTION 12. Section 20.35.040 is revised to read as follows:
20.35.040 Downtown mixed use (DMU).
(1) lntent. The downtown mixed use district is intended to provide for mixed use, pedestrian-
oriented development in downtown. To promote walkability and to encourage street-level
retail activity, auto-oriented uses and ground-floor residential uses are restricted. Building type
options include live-work, single-story shopfront and mixed use shopfront. Downtown mixed
use should be applied in areas where the existing or proposed land use pattern promotes the
highest levels of pedestrian and mixed use activity in the community and may be applied in
areas designated commercial in the comprehensive plan.
(2) Building Types Allowed. The allowed building types are as follows:
Ordinance No.056-19
Page 29 of 67
(a) Live-work unit.
(b) Si ngle-story shopfront.
(c) Mixed use shopfront.
(d) Accessory buildings (POMC 2O.32.0L0 (16)).
DMU Building Types
(3) Lot Dimensions.
(a) There are no minimum or maximum Iot sizes in the DMU district.
(b) There is no minimum lot width in the DMU district.
)
.4
\..*{
\
a
\Y..,I
b
DMU Lot Dimensions
t,+.--
t
,
I lar/
Ordinance No.056-19
Page 30 of 67
(4) Maximum hard surface coverage is 100 percent.
(5) Building Setbacks.
(a) Primary street: not applicable.
(b) Side street: not applicable.
(c) Side interior: not applicable.
(d) Rear: not applicable.
(6) Build-to Zone.
(a) Building facade in primary street: 80 percent minimum (percent of lot width).
(b) Building facade in side street: 40 percent minimum (percent of lot width).
DMU Building Placement
(7) Parking Location. Parking shall be allowed as follows except where another standard is
specified in Chapter 20.127 POMC:
(a) Front yard: not allowed.
(b) Corner yard: not allowed.
(c) Side yard: allowed.
(d) Rear yard: allowed.
(8) Building Height.
(a) Maximum height: three stories/38 feet unless an alternative maximum building height is
specified pursuant to the downtown height overlay district
(POMC 20.38.500 through 20.38.570).
6
Ordinance No.056-19
Page 3L of 57
\
:7
DMU Building Height
20.35.050 Gateway mixed use (GMU).
(1) lntent. The gateway mixed use district is intended to provide transitional districts in the east
and west gateways to downtown Port Orchard. The district allows both mixed use, pedestrian-
oriented development such as what is allowed in the DMU district along with other moderately
more auto-dependent uses. Building type options include townhouse, apartment, live-work,
shopfront house, single-story shopfront, mixed use shopfront, and general buildings. Gateway
mixed use should be applied to the east and west of downtown and may be applied in areas
designated commercial in the comprehensive plan.
(2) Building Types Allowed. The allowed building types are as follows:
(a) Townhouse.
(b) Apartment.
(c) Live-work unit.
(d) Shopfront house.
(e) Si ngle-story shopfront.
(f) Mixed use shopfront.
(g) General building.
(h) Accessory buildings (POMC 2O.32.OL0 (16)).
SECTION 13. Section 20.35.050 is revised to read as follows:
Ordinance No.055-19
Page 32of67
GMU Building Types
(3) Lot Dimensions.
(a) There are no minimum or maximum lot sizes in the GMU district.
(b) There is no minimum lot width in the GMU district.
GMU Lot Dimensions
(a) The maximum hard surface coverage is 90 percent.
(5) Building Setbacks.
(a) Primary street: not applicable.
(b) Side street: not applicable.
(c) Side interior: not applicable.
--5l|
a r-
-
-J
I
Ordinance No.055-19
Page 33 of 57
(d) Rear: not applicable.
(6) Build-to Zone.
(a) Building facade in primary street: 80 percent minimum (percent of lot width).
(b) Building facade in side street: 40 percent minimum (percent of lot width).
{
GMU Building Placement
(7) Parking Location. Parking shall be allowed as follows except where another standard is
specified in Chapter 20.127 POMC:
(a) Front yard: not allowed.
(b) Corner yard: not allowed.
(c) Side yard: allowed.
(d) Rear yard: allowed.
(8) Building Height.
(a) Maximum height: three stories/3S feet unless an alternative maximum building height is
specified pursuant to the downtown height overlay district
(POMC 20.38.600 through 20.38.670).
S
cf/b
\
Ordinance No.056-19
Page 34of67
.\.\
.v
GMU Building Height
SECTI N 14. Section 20.35.060 is revised to read as follows:
20.35.060 Commercial corridor (CC).
(1) lntent. The commercial corridor district is intended to serve as a commercial gateway and to
take advantage of proximity to major roadways. Therefore, the quality and aesthetics of new
development is very important. Building type options include live-work unit, shopfront house,
single-story shopfront, mixed use shopfront and general building. The commercial corridor
district should be applied along commercial corridors that serve as entrances to downtown or
other pedestrian-oriented activity areas.
(2) Building Types Allowed. The allowed building types are as follows:
(a) Live-work unit.
(b) Shopfront house.
(c) Si ngle-story shopfront.
(d) Mixed use shopfront.
(e) General building.
(f) Accessory buildings (POMC 2O.32.0L0 (15)).
Ordinance No.055-19
Page 35 of 67
CC Building Types
(3) Lot Dimensions.
(a) Minimum Lot Size by Building Type.
(i) Live-work unit: 1,000 square feet.
(ii) Shopfront house: 5,000 square feet.
(iii) Single-story shopfront: 5,000 square feet.
(iv) Mixed use shopfront: 5,000 square feet.
(v) General building: 5,000 square feet.
(b) Minimum Lot Width.
(i) Live-work unit: 25 feet.
(ii) Shopfront house: 50 feet.
(iii) Single-story shopfront: 50 feet.
(iv) Mixed use shopfront: 50 feet.
(v) General building: 50 feet.
(4) Maximum hard surface coverage is 70 percent.
l-r ,-
>
r
FI
/
t
Ordinance No.056-19
Page 36 of 67
\
a
CC Lot Dimensions
(5) Building Setbacks.
(a) Primary street: L5 feet minimum/50 feet maximum.
(b) Side street: zero feet minimum/50 feet maximum.
(c) Side interior: 10 feet minimum.
(d) Rear: 10 feet minimum.
(6) Build-to Zone.
(a) Building facade in primary street: 50 percent minimum (percent of lot width).
(b) Building facade in side street: 25 percent minimum (percent of lot width).
z)
7
.ri
Ordinance No.056-19
Page 37 of 67
CC Building Placement
(7) Parking Location. Parking shall be allowed as follows except where another standard is
specified in Chapter 20.127 POMC:
(a) Front yard: not allowed.
(b) Corner yard: not allowed.
(c) Side yard: allowed.
(d) Rear yard: allowed.
(8) Building Height.
(a) All buildings and structures: three stories/35 feet maximum.
CC Building Height
SECT ON 15. Section 2O.35.O70 is revised to read as follows:
20.35.O70 Commercial heavy (CH).
(L) lntent. Commercial heavy is intended for auto-oriented and heavy commercial uses. To help
ensure compatibility, residential uses are not allowed. Building type options include single-story
shopfront and general building. The commercial heavy district should be applied in areas where
the existing or proposed land use pattern contains a variety of auto-oriented and heavy
commercial uses and in areas designated as commercial in the comprehensive plan.
(2) Building Types Allowed. The allowed building types are as follows:
(a) Si ngle-story shopfront.
(b) General building.
(
Ordinance No.056-19
Page 38 of 57
(c) Accessory buildings (POMC 20.32.Ot0 (16)).
CH Building Types
(3) Lot Dimensions.
(a) Minimum Lot Size by Building Type.
(i) Single-story shopfront: 7,000 square feet.
(ii) General building: 7,000 square feet.
(b) Minimum Lot Width.
(i) Single-story shopfront: 70 feet.
(ii) General building: 70 feet.
(4) Maximum hard surface coverage is 70 percent.
?
\
7
.,
Ordinance No.056-19
Page 39 of 67
CH Lot Dimensions
(5) Building Setbacks.
(a) Primary street: 20 feet minimum (from planned ROW acquisition area).
(b) Side street: 20 feet minimum/SO feet maximum.
(c) Side interior: 20 feet minimum.
(d) Rear: 20 feet minimum.
\\
x K
CH Building Placement
\
Ordinance No.055-19
Page 40of67
(7) Parking Location. Parking shall be allowed as follows except where another standard is
specified in Chapter 20.L27 POMC:
(a) Front yard: allowed.
(b) Corner yard: allowed.
(c) Side yard: allowed.
(d) Rear yard: allowed.
(8) Building Height.
(a) All buildings and structures: three stories/3S feet maximum.
-\
CH Building Height
SECT ON 15. Section 20.35.080 is revised to read as follows:
20.35.080 lndustrial flex (lF).
(L) tntent. lF is intended to accommodate a variety of light industrial, commercial and
residential uses. To help ensure that land is reserved for employment purposes, residential uses
are limited to the upper stories. Building type options include live-work, single-story shopfront,
mixed use shopfront and general building. lF should be applied in industrial areas where
commercial and residential uses are also desired, or where such pattern is desired in the future
and in areas designated as commercial in the comprehensive plan.
(2) Building Types Allowed. The allowed building types are as follows:
(a) Live-work unit.
(b) Shopfront house.
(c) Si ngle-story shopfront.
(
Ordinance No.056-19
Page 4Lof67
(d) Mixed use building.
(e) General building.
(f) Accessory buildings (POMC 20.32.OL0 (16)).
lF Building Types
(3) Lot Dimensions.
(a) Minimum Lot Size by Building Type.
(i) Live-work unit: 1,000 square feet.
(ii) Shopfront house: 5,000 square feet.
(iii) Single-story shopfront: 5,000 square feet.
(iv) Mixed use shopfront:
(v) General building: 7,000 square feet.
(b) Minimum Lot Width.
(i) Live-work unit: 25 feet.
(ii) Shopfront house: 50 feet.
(iii) Single-story shopfront: 50 feet.
(iv) Mixed use shopfront: 50 feet.
(v) General building: 50 feet.
(4) Maximum hard surface coverage is 70 percent.
A
/.-
a
I
I
L.
D
v\
I
Ordinance No.056-19
Page 42of67
\
lF Lot Dimensions
(5) Building Setbacks.
(a) Primary street: five feet minimum.
(b) Sade street: five feet minimum.
(c) Side interior: 10 feet minimum.
(d) Rear: 10 feet minimum.
\
.'lf.
\{)
lF Building Placement
(6) Parking Location. Parking shall be allowed as follows except where another standard is
specified in Chapter 20.127 POMC:
Ordinance No.056-19
Page 43 of 67
(a) Front yard: allowed.
(b) Corner yard: allowed.
(c) Side yard: allowed.
(d) Rear yard: allowed.
(7) Building Height.
(a) All buildings and structures: three stories/35 feet maximum.
/.J,
,
I
lF Building Height
SECTION 17. Section 20.39.460 is revised to read as follows:
20.39.460 Self storage (mini warehouse).
(1) Defined. A facility involved in the renta! of storage space, such as rooms, lockers, or
containers to individuals for the purpose of storing personal belongings.
(2) Self storage shall only be permitted in areas within the self storage overlay district (SSOD) in
accordance with POMC 20.38.700 through 20.38.740, in zones where permitted outright or as a
conditional use in the land use table in this chapter. Self-storage facilities that are built and
operated as an accessory to an apartment use are not subject to the limitations of the SSOD.
(3) Where indicated as a conditional use in the use table, POMC 20.39.O40, a self-storage
facility is required to obtain a conditional use permit per Chapter 20.50 POMC. ln addition to
the criteria for approval in POMC 20.50.050, the hearing examiner must also make the
following findings in order to issue the conditional use permit:
)t
Ordinance No.056-19
Page 44of67
(a) The proposed self-service storage use will provide self storage units that are necessary to
meet the needs of Port Orchard's population, as demonstrated by a demand analysis and
report provided by the applicant.
(b) The self-storage facility shall be at least two stories in height, as measured from ground level
and not including any basement or below-grade area.
SECTION 18. Section 20.40.030 is revised to read as follows:
20.40.030 Build-to zone.
(2) Build-to Zone on lnterior Lots. The required percentage specifies the amount of the front
building facade that must be located in the build-to zone, measured based on the width of the
?--
building divided by the width of the lot.
(3) Build-to Zone on Corner Lots. On a corner lot, a building facade must be placed within the
build-to zone for the first 30 feet along the street extending from the block corner, measured
from the intersection of the two right-of-way Iines.
(1) Build-to Zone. The build-to zone isthe area on the lot where a certain percentage of the
front building facade must be located, measured as a minimum and maximum setback range
from the edge of the right-of-way.
Ordinance No.055-19
Page 45 of 67
(a) Build-to Zone - Uses Allowed. With the exception of parking spaces and outdoor storage, al!
structures and uses (including outdoor dining) allowed on the lot are allowed in the build-to
zone.
(5) The director may reduce the build-to-zone percentage requirements where any combination
of landscape buffer requirements, minimum driveway width requirements, critica! area
requirements, or other regulatory limitations result in unachievable build-to-zone
requirements. An example of a situation that would warrant a build-to-zone percentage
reduction is shown below:
PfirE, Sultt
Reqdnd EIf.7C
z-*
I
i
I
i
!
!
I
i
I
!
!
t
1
5
.L
i ---
Ordinance No.056-19
Page 46of57
SECTION 19. Chapter 20.62 is repealed in its entirety.
SECTION 20. Chapter 20.80 is revised to read as follows:
Chapter 20.80
SUBDIVISIONS - GENERAL PROVISIONS
Sections:
20.80.010
20.80.020
20.80.030
20.80.040
20.80.050
20.80.060
20.80.070
20.80.080
20.80.090
Title.
Authority.
Purpose.
Applicability.
Exemptions.
Document forms.
Consent to access.
Limitation of liability.
Severability.
20.80.010 Title.
(1) The ordinance codified in this subtitle shall be known as the city of Port Orchard subdivision
code.
(2) This chapter shall be entitled "subdivisions - General Provisions." The provisions of this
chapter shall apply to all chapters within this subtltle.
20.80.020 Authority.
This subtitle is adopted pursuant to the provisions of Chapter 58.17 RCW and the general police
powers granted to the city pursuant to Chapters 35A.13 and 35A.63 RCW and other applicable
laws.
20.80.030 Purpose.
The purpose of this subtitle is to provide rules, regulations, requirements, and standards for the
subdivision of land, for obtaining binding site plans, and of the adjustment of existing lot lines
within the city, ensuring:
(1) That the highest feasible quality in subdivisions will be obtained;
(2) Thatthe public health, safety, general welfare, and aesthetics of the city shall be promoted
and protected, complying with the provisions of Chapter 58.17 RCW;
(3) That orderly growth, development, and the conservation, protection, and proper use of land
shall be promoted;
Ordinance No.056-19
Page 47 of 67
(4) That the proper provisions for all public facilities, including connectivity, circulation, utilities,
and services, shall be made;
(5) That maximum advantage of site characteristics shall be taken into consideration;
(6) Undue and unnecessary burdens are not placed on either the applicant or the city; and
(7) That the process shall be in conformance with provisions set forth in this title and the Port
Orchard comprehensive plan.
20.80.040 Applicability.
(t) The provisions of this subtitle shall apply to all lot line adjustments and the division of any
land within the corporate limits of the city of Port Orchard for sale, lease, transfer, or building
development into two or more parcels, except as expressly stated in this subtitle.
(2) Land use review procedures provided in Subtitle ll (Permitting and Development Approval)
of this title shall apply in addition to applicable provisions within this subtitle.
(3) No person, firm, or corporation proposing to make, or having made, any division of land as
described above within the city limits shall enter any contract for the sale of, or shall offer to
sell, any part of the division without havingfirst obtained its approval as a short plat,
subdivision plat, or binding site plan in accordance with this subtitle, unless such agreement for
sale complies with RCW
(4) Al! contiguous land shall be included in a plat application. Multiple applications or
applications and/or exemptions shall not be utilized as a substitute for comprehensive
subdividing in accordance with the requirements of this subtitle. The applicant shall certify that
she/he has included all contiguous land in a plat application and that she/he does not own or
otherwise have a legal interest in ownership of contiguous parcels.
(5) Any land being divided into four or fewer parcels, lots, tracts, or sites shall conform to the
short plat provisions of this subtitle. Nothing in this subtitle shall prevent a landownerwho has
short-platted a parcel into fewer than four lots from filing a short plat within a five-year period
to create up to a total of four lots within the boundary of the original short plat. Any land being
divided into five or more parcels, lots, tracts, or sites for any purpose, and any land which has
been divided under the short plat process within five years, shal! conform to the provisions of
the preliminary and final plat procedures of this subtitle. The only exception to this provision
shall be those lands being subdivided through the binding site plan procedures of this subtitle.
20.80.050 Exemptions.
Pursuant to RCW 58.17.040, the following activities are not considered short plats or plats and
the provisions of this subtitle shall not apply:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions made by testamentary provisions, or the laws of descent;
(3) Divisions of land into lots or tracts classified for industrial or commercial use when the city
has approved a binding site plan forthe use of the land in accordance with this subtitle;
Ordinance No.056-19
Page 48of67
(4) A division for the purpose of lease when no residential structure other than mobile homes
or travel trailers are permitted to be placed upon the land when the city has approved a binding
site plan for the use of the land in accordance with this subtitle;
(5) Lot Iine adjustments made pursuant to this subtitle;
(6) A division for the purpose of leasing land for facilities providing persona! wireless services
while used for that purpose. "Personal wireless service" means any federally licensed personal
wireless service. "Facilities" means unstaffed facilities that are used for the transmission or
reception, or both, of wireless communication services including, but not necessarily limited to,
antenna arrays, transmission cables, equipment shelters and support structures;
(7) A division of land related to the acquisition or exchange of land by public agencies for public
use, except human occupancy, including but not limited to subdivisions made for road
construction pu rposes;
(8) Portions of property deeded to the city for the limited purpose of providing a right-of-way
and/or utility facilities, such as but not limited to the installation of linear utility facilities, such
as electric power lines, telephone lines, water supply lines, sewer service lines, cable lines or
other utility facilities of a similar or related nature; or a pumphouse, reservoir or well site;
provided the remaining property is not reduced in size below the minimum square footage
required by applicable zoning, that no conflict is created with any applicable design standards
for the property, and that written approval from the planning director is received;
(9) Division of Iand due to condemnation or sale under threat thereof by an agency or division
of government vested with the power of condemnation; if sale is made under threat of
condemnation, such threat must be evidenced by the government agency filing affidavit so
stating with the county auditor.
20.80.060 Document forms. All short plats, final plats, replats or binding site plans shall
contains the elements listed in RCW 58.L7.160. ln addition, the legal description of the
subdivision, binding site plan, or boundary line adjustment, and easements, dedications,
acknowledgements, and other statements, shall appear substantially in the form as follows,
based on the type of land division to be recorded:
1. Easements (sample utility easement):
An easement is reserved for and granted to (the names of all the utilities, public and private,
serving the area) and their respective successors and assigns under and upon the exterior ten
(10) feet of front boundary lines of all lots and tracts, in which to install, lay, construct, renew,
operate, maintain and remove utility systems, lines, fixtures and appurtenances attached
thereto, for the purpose of providing utility services to the subdivision and other property,
together with the right to enter upon the lots and tracts at all times for the purposes stated,
with the understanding that any grantee shall be responsible for all unnecessary damage it
Ordinance No.056-19
Page 49 of 67
causes to any real property owner in the subdivision by exercise of rights and privileges herein
granted.
2. Dedication. Roads not dedicated to the public must be clearly marked on the face of the plat.
Any dedication, donation or grant as shown on the face of the plat shall be considered to all
intents and purposes, as a quitclaim deed to the said donor or donees, grantee or grantees, for
his, her or their use for the purpose intended by the grantors or donors.
Know All Men by these Presents that we, the undersigned owners in the fee simple or contract
purchaser and mortgage holder of the land hereby platted, hereby declare this plat and
dedicate to the use of the public forever all streets and avenues shown thereon and use thereof
for all public purposes not inconsistent with the use thereof for public highway purposes; also
the right to make all necessary slopes for cuts and fills upon the lots and blocks shown on this
plat in the original reasonable grading of the streets and avenues shown hereon. The
undersigned owners hereby waive all claims for damages against any governmental authority
which may be occasioned to the adjacent land by the established construction, drainage and
maintenance of said road. This subdivision has been made with our fee consent and in
accordance with our desires.
lN WITNESS WHEREOF, we have hereunto set our hands and seals this _day of
[Signature blocks and Notary Certificate to follow.]
3. Acknowledgements or Notary Certificate. The forms for Notary Certificates are set forth in
RCW 42.44.100.
4. Su rveyor's Certificate.
I hereby certify that the plat of is based upon a complete and actual survey
and subdivision of Section_, Township_, Range_, East W.M.; that the courses and distances are
shown correctly thereon, that the monuments have been set and the lot and block corners
staked correctly on the ground; that this is a true and correct representation of the lands
actually surveyed and that I have fully complied with the provisions of the statutes and platting
regulations.
Certificate:
Expiration:
Date:
Ordinance No.056-19
Page 50 of 67
5. City Engineer's Approval.
! hereby certify that this fina!/short plat is consistent with al! applicable
Town/City improvement standards and requirements in force on the date of preliminary/short
plat approval. I have approved this final/short plat as to the layout of streets, alleys and other
rights-of-woy, design of bridges, sewage and water systems and other structures. Examined and
approved by me this _ day of ,2O-.
City Engineer.
6. Community Development Director's Approva!.
I hereby certify that this final/short plat is consistent with all applicable
Town/City improvement standards and requirements in force on the date of preliminary/short
plat approval. I have approved this final/short plat as to the Iayout of streets, alleys and other
rights-of-w;ty, design of bridges, sewage and water systems and other structures. Examined and
approved by me this _ day of ,20_.
Comm u nity Development Director.
7. City Council Approval.
ApprovedbytheCityCounciloftheCityof,this-dayof-.
Mayor
ATTEST:
City Clerk
8. City Finance Director Approval.
I hereby certify that all taxes and delinquent assessments for which the property may be Iiable
as of the date of certification have been duly paid, satisfied or discharged.
Executed this _ day of ,20_
Finance Director
Ordinance No.056-19
Page 5tof67
9. County Treasurer Approval.
This is to certify that all taxes heretofore levied and which has become a lien upon the lands
herein described, have been fully paid and discharged, according to the records of my office, up
to and including the year _ .
Executed this_day of _ ,20- .
County Treasurer
10. County Auditor.
Filed at the request of this daY of
2O-_, and recorded in Volume
-
of Plats, page(s) Records of
County, Washington.
County Auditor
20.80.070 Consent to access.
Al! persons applying for approvals under this subtitle shall permit free access to the land subject
to the application to all agencies with jurisdiction considering the proposal for the period of
time extending from the date of application to the time of final action.
20.80.080 Limitation of liability.
It isthe specific intent of this subtitle and procedures adopted underthis subtitleto placethe
obligation of complying with the requirements of this subtitle upon the permittee, and no
provision is intended to impose any duty upon the city, or any of its officers, employees, or
agents. Nothing contained in this subtitle is intended to be or shall be construed to create or
form the basis for liability on the part of the city, or its officers, employees, or agents, for any
injury or damage resulting from the failure of the permittee to comply with the provisions of
this subtitle, or by reason or in consequence of any act or omission in connection with the
implementation or enforcement of this subtitle or any procedures adopted under this subtitle
by the city, its officers, employees, or agents.
20. 80.090 Severa bi I ity.
lf any pdrt, sentence, paragraph, subsection, section, or clause of this subtitle is adjudged
unconstitutional, or held invalid, the remainder of the subtitle or the application of the
provisions to other persons, property, structures, or circumstances shall not be affected.
Whenever any condition or limitation is included in an order authorizing a planned
development or any site plan approval, it shall be conclusively presumed that the authorizing
officer or body consider such condition or limitation necessary to carry out the spirit and
Ordinance No.056-19
Page 52 of 67
purpose of this subtitle or the requirement of some provision hereof, and to protect the public
health, safety, and welfare, and that the officer or body would not have granted the
authorization to which the condition or limitation pertains except in the belief that the
condition or limitation was lawful.
SECTI oN 21.Section 20.84.050 is revised to read as follows:
20.84.050 Final approval and recording.
(1) Prior to final approval, documentation authorizing the transfer of property ownership shall
be placed on the original boundary line map along with the legal descriptions of those portions
of land being transferred when lots are under separate ownership. Lot lines within lots under
the same ownership will be adjusted upon the recording of the boundary line adjustment.
(2) A title insurance certificate updated not more than 30 days prior to recording of the
adjustment, which includes all parcels within the adjustment, must be submitted to the
department with boundary line adjustment final review documents. All persons having an
ownership interest within the boundary line adjustment shall sign the final recording document
in the presence of a notary public.
(3) The final record of survey document must be prepared by a land surveyor in accordance
with Chapter 58.09 RCW. The document must include all of the elements set forth in
RCW 58.09.060(1) and contain a land surveyor's certificate as set forth in RCW 58.09.080, as
well as approval blocks for the public works and department of community development
directors, finance director, and county auditor as set forth in section 20.80.060 of this chapter.
(a) After approval, the applicant shall deposit a recording fee for the boundary line adjustment
with the city, and the city shall cause it to be recorded with the county auditor.
SECTION 22. Section 2O.L27.O20 is revised to read as follows:
2O.L27 .O20 Appl ica bi lity a nd com plia nce.
(1) Applicability. The provisions of this chapter apply to all development within Port Orchard,
except:
(a) Detached houses, backyard cottages, cottage courts (cottages), side-by-side duplexes, back-
to-back duplexes, attached houses, and townhomes as defined in Chapter 20.32 POMC shall
not be required to comply with this chapter. Design standards for detached houses, backyard
cottages, cottage courts (cottages), side-by-side duplexes, back-to-back duplexes, attached
houses, and townhomes are found in Chapter 20.139 POMC. Subdivision design standards are
found in Chapter 20.100 POMC.
Ordinance No.056-19
Page 53 of 67
(b) Properties within the designated Old Clifton lndustrial Park. See the figure below for a map
clarifying the location of properties which are exempt.
Figure 20.727.O2OlLl
Old Clifton Industria! Park
qtrdrGry!-ri, llO
(c) Open-air structures such as pavilions, stages and gazebos for ornamental, performance or
recreational use.
({) The director may waive these provisions in other employment - industrial/office zoned
properties where they are screened from view from the public right-of-way and adjacent
nonemployment - industrial/office properties by a minimum 20-foot wide landscaped buffer
meeting the requirements of Chapter 20.128 POMC - full screening or by preservation of
comparable existing landscaping on the site.
(2) Relationship to Other Codes and Documents. Where provisions of this chapter conflict with
provisions in any other section of the Port Orchard design standards, this chapter prevails
unless otherwise noted herein.
vn
1{d
CACbEff}llr
-ar-,
' ,
coox rcrD
Z
a
\
'o.
o
ta
;1
acuF?6
to
1lt
a
- ,-
)
I
iHii \
ll
?'ff';
D
o
Ordinance No.056-19
Page 54 of 67
(3) For building additions, remodels, and site improvements, three different thresholds have
been established to gauge how the design standards in this chapter are applied to such
projects. See Figure 20.L27.020(3) below for examples of site development and the respective
types of improvements required under each of the three levels of improvements.
(a) Level I improvements include all exterior remodels, building additions, and/or site
improvements that affect the exterior appearance of the building/site or cumulatively increase
the gross floor area by up to 20 percent of the gross square footage that existed three years
prior to the date of permit issuance. The requirement for such improvements is only that the
proposed improvements meet the standards and do not lead to further nonconformance with
the standards.
For example, if a property owner decides to replace a building facade's siding, then the siding
must meet the applicable exterior building material standards, but elements such as building
articulation (see POMC 20.L27.430) would not be required.
(b) Level ll improvements include all improvements that cumulatively increase the gross floor
area by 20 percent or more, but not greater than 75 percent, of the gross square footage that
existed three years prior to the date of permit issuance. All standards that do not relate to
repositioning the building or reconfiguring site development apply to Level ll improvements.
For example, if a property owner of an existing home in the BP zone wants to convert the home
to an office and build an addition equaling 45 percent of the current building's area, then the
following elements would apply:
(i) The location and design of the addition/remodel must be consistent with the block
frontage standards (see Article !l of this chapter), to the extent possible given the location of
the existing building. For such developments seeking additions to buildings where an off-
street parking location currently does not comply with applicable parking location standards,
building additions are allowed provided they do not increase any current nonconformity and
generally bring the project closer into conformance with the standards. See Figure
2O.L27.020(3) for an example of this.
(ii) Comply with applicable site planning and design elements (see Article lll of this chapter).
(iii) Comply with all building design provisions of Article lV of this chapter, except
architectural scale and materials provisions related tothe existing portion of the building
where no exterior changes are proposed. The entire building must comply with building
elements/details, materials, and blank wal! treatment standards of
POMC 2O.L27 .440 through 20. L27 .460.
(iv) The proposed improvements shall comply with the off-street parking, landscaping, and
signage provisions of Chapters 20.L24,2O.L28, and 20.132 POMC.
(c) Level lll improvements include all improvements that cumulatively increase the gross floor
area by more than 75 percent of the gross square footage that existed three years prior to the
date of permit issuance. Such developments must conform to all applicable standards.
Ordinance No.055-19
Page 55 of 67
(4) Review for Compliance. Proposals for development, including design standard departure
requests, shal! be reviewed for consistency with the design standards as found in this chapter in
conjunction with every underlying permit application(s) (i.e., building permit, stormwater
drainage permit, conditional use permit, binding site plan, etc.) at each stage of the
development. The city recognizes that every project is unique and that permits are not always
submitted in a single package simultaneously. For instance, a project may require a conditional
use permit, building permit, land disturbing activity permit, and stormwater drainage permit. lt
is common that a building permit application be submitted after site development activities
have begun. lt is also common to develop building pads for future construction as part of an
approved development.
SECT ON 23. Section 2O.L27.340 is revised to read as follows:
20.127 .340 Vehicular circulation and parking.
The standards herein supplement the provisions of public works standards and
Chapter 20.724 POMC. Where there is a conflict, the provisions herein apply, except that the
public works director may override this requirement and apply the public works standard for a
driveway if the public works director finds that a failure to apply the public works standards will
result in a threat to public safety.
(1) Purpose.
(a) To create a safe, convenient, and efficient network for vehicle circulation and parking.
(b) To enhance the visual character of interior access roads.
(c) To minimize conflicts with pedestrian circulation and activity.
(2) Driveway Provisions.
(a) Driveways must comply with the public works standards. Where there is a conflict between
the driveway provisions in this chapter and those in the public works standards, the driveway
provisions in this chapter apply, except that the public works director may override this
requirement and apply the public works standard for a driveway if the public works director
finds that a failure to apply the public works standards will result in a threat to public safety.
(b) Drive aisles must meet the standards set forth in POMC 2O.L24.100, Off-street parking
design standards.
(c) Minimize parking lot entrances, drive aisles, and other vehicle access routes onto private
property from a public right-of-way through the following means:
(i) Driveway lanes crossing a public sidewalk must be no wider than the minimum required
per entry or exit lane. The city may impose additional restrictions to parking lot and vehicle
Ordinance No.056-19
Page 55 of 67
access points to reduce impacts to public safety, pedestrian movement, on-street vehicle
circulation, and visual qualities
(ii) Minimize the number of driveway entrances and comply with the public works standards
for d riveway entrances.
(iii) The reviewing authority may require joint drive aisles serving adjacent developments
when joint access is physically and legally available.
(iv) Minimize conflicts between entries and vehicle parking and maneuvering areas.
(v) At street corner sites, drive aisles must be located on the lowest classified roadway and as
close as practical to the property line most distant from the intersection, unless the
reviewing authority finds there is a compelling reason to the contrary.
Thr lcfr imegc atmtffi a recptablc fnm-lodcd to$'nhflsc er-
mplc h plrt vierry. wlrre idivilud rmits arc et kag 30 fct
wilc. The bclor crmplc dc not lra rtrl rcq uircma-
taril
(e) Port Orchard Boulevard Access. Access from Port Orchard Boulevard except for areas with a
designated block frontage as shown in the community design framework maps in
POMC 2O.L27.130 shall be prohibited.
(3) lntersite Connectivity. The provision of through vehicle access connections between
commercially or nonresidentially zoned properties is required except where the reviewing
authority determines it is infeasible or undesirable (e.g., where it is determined that such a
vehicle connection would impact safe pedestrian movement). See Article ll of this chapter for
specific block frontage standards. Vehicle access may be in the form of a dedicated or private
alley, connected or shared parking lots, shared drive aisles, or similar features.
(4) Internal Roadway Design.
(a) To increase the function and appearance of internal roadways on Iarge sites (greater than
two acres), street trees and sidewalks must be provided on all internal access roadways,
\7
lo-
<l-
4 N
Ordinance No.056-19
Page 57 of 67
excepting access roads designed solely for the purpose of service (e.9., waste pick-up) and
loading.
(b) !n some instances where traffic speed and volume are low, the reviewing authority may
approve a street where vehicle, bicycle and pedestrian movement are mixed such as in a
"woonerf' or "shared street." Woonerf streets must feature traffic calming and safety
measures as well as landscape and amenity features as determined by the reviewing authority.
Figure 20.L27.340(41
Good lnternal Roadway Examples
The examples above include angled parking and planter strips with street trees. Pedestrian-
scaled lighting also contributes to the character in the upper right image.
tr
{
J
L
r
-dr
I
a
: -it
-^-
7
t-l
Ordinance No.056-19
Page 58 of 67
The above left image illustrates a thoroughfare lane with a row of street trees. A sidewalk is
included on one side of the street to provide a strategic connection between businesses. The
right image illustrates the curbless "woonerf" design where travel speeds are low and lanes are
shared between pedestrians and vehicles.
(c) Drive-Through Facilities. Where allowed, drive-through facilities (e.g., drive-up windows)
must comply with the following:
(i) Drive-through lanes, including waiting and holding lanes, must be buffered from the
street and internal walkways by one or both of the following:
(A) A planting strip at least five feet wide with continuous plantings of evergreen shrubs
and/or trees that will, at maturity, provide a continuous evergreen screen at Ieast four
feet tall.
(B) A wall at least three feet high constructed of brick, stone or siding materials that
matches the principal walls of the building to which the sign applies.
Departure: Alternative screening schemes may be approved provided they include both
the wall and a substantial vegetative screen. The landscaping must comply with
Chapter 20.L28 POMC.
(ii) Drive-through lanes must not restrict pedestrian access between a public sidewalk and
on-site buildings. Walkways must not be located within required stacking space as set forth
in the public works standards.
(iii) This section contains standards for drive-through lanes and facilities. Signs associated
with drive-through lanes are regulated under POMC 2O.L32.150(7).
SECTION 24. Table 20.727 .L60(2) is revised to read as follows:
Tabf e 20.127.160(2)
Landscaped Block Frontage Standards
Element Standards Examples and Notes
Building
placement
L0-foot minimum front setback,
except where greater setbacks are
specified in the district in
Chapter 20.L22 POMC or where
future right-of-way need andlor
acquisitions have been identified in
city plans. )
See POMC 20.L27.23O for special
design provisions associated with
ground level residential uses
adjacent to a sidewalk.
Building entrances Building entrances must be visible and
directly accessible from the street. )
Ordinance No.056-19
Page 59 of 67
Table 20.L27.160(2)
Landscaped Block Frontage Standards
Element Standards Examples and Notes
For uses that front on multiple mixed
designated block frontages, an entry
along both streets is encouraged, but
not required.
Fagade
transparency
25 percent minimum for buildings
design with ground level
nonresidential uses. )
20 percent minimum for residential
uses. )
Windows must be provided on all
habitable floors of the fagade.
Also see POM C 20.L27 .L4O for
additional clarification on
tra nsparency standards.
Fagade transparency example.
t fi !",as
r
Weather
protection
Provide weather protection at !east
three feet deep over primary business
and residential entries.
(
J
I\
Parking location
Also see
Chapter 2O.L24
POMC for related
parking
requirements
Parking must be placed to the side,
rear, below or above uses. For multi-
building developments, su rface and
structured parking areas (ground
floor) are limited to no more than 50
percent of the street frontage.
Private or shared garage entries must
occupy no more than 50 percent of
facade width.
Provide a lO-foot minimum buffer of
landscaping between the street and
off-street parking areas meeting the
standards of Chapter 20.128 POMC. )
-
ll
t
Ordinance No.056-19
Page 60 of 67
Table 2O.L27.160(2)
Landscaped Block Frontage Standards
Element Standards Examples and Notes
Landscaping
Also see
Chapter 20.L28
POMC for related
landscaping
standards
The area between the street and
building must be landscaped, private
porch or patio space, and/or
pedestrian-oriented space.
For setbacks adjacent to buildings
with windows, provide low level
landscaping that maintains views
between the building and the street.
Also provide plant materials that
screen any blank walls and add visua!
interest at both the pedestrian scale
and motorist scale. For extended wall
areas, provide for a diversity of plant
materials and textures to maintain
visual interest from a pedestrian
scale.
Example of
low level landscaping that screens
foundation walls, provides visual
interest, and maintains views from
dwelling units to the street.
Sidewalk width Six-foot minimum sidewalks are
required.
Wider sidewalks may be required
where designated in other code
sections or in the public works
standards.
Table 20.L27.L7O(21
Varied Block Frontage Standards
Element Standards Examples & Notes
Building
placement
Buildings may be placed up to the
sidewalk edge provided they meet
storefront standards set forth above.
10-foot minimum front setback for
other buildings, except where greater
See POM C 2O.L27 .230 for special design
provisions associated with ground level
residential uses adjacent to a sidewalk.
,.
I
Ordinance No.056-19
Page 6Lof67
setbacks are specified in the district
per Chapter 20.122 POMC. )
Additional setbacks may be required
where future right-of-way need
andf or acquisitions have been
identified in city plans.
Fagade
transparency
Any storefront buildings on these
block frontages must meet the
storefront block frontage transparency
standards above. )
40 percent minimum for buildings
designed with nonresidential uses on
the ground floor within 10 feet of
sidewalk. )
25 percent minimum for buildings
designed with nonresidential uses on
the ground floor. )
20 percent minimum for residential
buildings. )
Windows must be provided on al!
habitable floors of the fagade.
Also see POM C 2O.L27 .140 for
additional clarification on transparency
Fagade transparency example -
I
nonresidential use.
Fagade transparency example -
residential use.
Table 2O.L27.180(2)
Marine Block Frontage Standards
Element Standards Examples & Notes
Building
placement
Buildings may be placed up to the sidewalk
edge provided they meet storefront standards
set forth above.
lO-foot minimum front setback for other
buildings, except where greater setbacks are
-!
"'r -,t:
I
standards.
See POM C 2O.L27 .23O for special
design provisions associated with
ground level residential uses
adjacent to a sidewalk.
Ordinance No.056-19
Page 62of67
Table 20.L27.L80(2)
Marine Block Frontage Standards
Element Standards Examples & Notes
specified in the district per
Chapter 20.L22POMC. f
Additiona! setbacks may be required where
future right-of-way need and/or acquisitions
have been identified in city plans.
Fagade
transparency
Any storefront buildings on these block
frontages must meet the storefront block
frontage transparency standards above. )
40 percent minimum for buildings designed
with nonresidential uses on the ground floor
within 10 feet of sidewalk. )
25 percent minimum for buildings designed
with nonresidential uses on the ground floor
within 20 feet of the sidewalk. J
20 percent minimum for residential buildings.
)
Windows must be provided on all habitable
floors of the fagade.
Also see POM C 20.L27 .L4O for
additional clarification on
transparency standa rds.
Fagade transparency example -
nonresidential use.
I I , t .l
Fagade transparency example -
residential use.
Parking
location
Parking must be placed to the side, below, or
above uses. No more than 50 percent of the
street frontage may be occupied by parking
and drive aisles. )
Parking in the front requires a departure (see
subsection (3)(c) of this section). Parking to
the rear may only be approved in conjunction
with a variance and/or shoreline variance. The
construction of any parking within a shoreline
l:i,
I
i
Ordinance No.056-19
Page 63 of 67
Element Standards Examples & Notes
area must be consistent with the
requirements of the city's shoreline master
program.
No more than 50 percent of the street
frontage may be occupied by parking and
drive aisles. A 10-foot minimum buffer of
landscaping must be provided between the
street and off-street parking areas, which
meets the landscaping requirements of
Chapter 20.L28 POMC. New parking
structures must feature !andscaped setbacks
at least 10 feet in width.
Table 2o.L27.180(2)
Marine Block Frontage Standards
SECTION 25. Section 2O.L28.030 is revised to read as follows:
20.L28.O30 Landscape pla ns.
(1) ln order to implement the requirements of this section, landscape plans for the entire site
are required as part of the following permit application submittals:
(a) Building permit applications.
(b) Preliminary plat applications.
(c) Short plat applications.
(d) Binding site plan applications.
(e) Conditional use permit applications (where new construction, or expansion of a building is
proposed, or where landscaping is required to meet conditions for granting approval).
(f) Stormwater drainage permit applications.
(g) Land disturbing activity permit applications.
(2) In order to implement the requirements of this section, landscape plans for the entire site
shall be required as part of a land disturbing activity permit application submittal if the scope of
the permit application does not include restoration to pre-disturbance conditions or if the
landscape plan approval is not issued under another permit approval as listed in subsection (1)
of this section.
Ordinance No.056-19
Page 64of67
(3) Plans shall be developed by a Washington state licensed landscape architect, a Washington-
certified professional horticulturalist (CPH), or a Washington certified professional landscape
designer (APLD-WA).
(4) Landscape plans shall include:
(a) Boundaries and dimensions of the site.
(b) Location of existing and proposed easements, streets, curbs, utilities, sidewalks and any
other hard surfaces.
(c) Location of buildings and structures, parking lots, driveways, loading areas, outdoor
mechanical equipment, signs, refuse enclosures, overhead utilities, water meter location,
swales, parking lot lighting, and any existing vegetation that is to remain on the site.
(d) The location and design of Iandscape areas to be preserved and planted, and plant list to
include the location, number, height at maturity, and type of plant material by botanical and
common name.
(e) Proposed irrigation system if a permanent or temporary system is proposed. All landscaped
areas including adjacent right-of-way must be provided with an underground irrigation system.
(f) Specifications for soi! amendments to provide suitable long term growing conditions.
(g) North arrow and scale.
(h) Planting detail section drawings.
(i) Name, address, and phone number of the person preparingthe plan.
(j) Calculations demonstrating compliance with this chapter.
(k) Landscape planting, hardscape, and material precedents (imagery) depicting (approximately)
the landscape plantings, hardscdp€, and materials to be used in the project.
(5) Applicants shall familiarize themselves with existing site conditions, and are encouraged to
meet with staff to discuss appropriate design options and alternatives for accomplishing the
screening and Iandscaping objectives of this chapter prior to preparing and submitting a
landscape plan.
(6) Applicants are encouraged to integrate landscape plans and stormwater system designs
consistent with the city's adopted stormwater management manua!.
SECT ON 26. Section 20.139.010 is revised to read as follows:
20. 139.010 Applicability.
(1) The standards in this chapter shall apply to detached houses, backyard cottages-cottage
courts (cottages), side-by-side duplexes, back to back duplexes, attached houses, townhouses,
and accessory buildings as defined in Chapter 20.32 POMC, in any zone in which they are built
as indicated herein. For existing structures that are being modified or enlarged, the standards
Ordinance No.056-19
Page 65 of 67
shall only apply to the portions of the structure being modified and to any additions, unless the
project valuation exceeds 50 percent of the taxable value for the structure.
(2) When the project valuation exceeds 50 percent of the taxable value for the structure, the
entire structure shall be brought into compliance with this chapter; except that for any portion
of the existing buildingto which an owner is not proposing structural changes, the city shall not
require that portion of the existing building to be modified in the following ways (except when
required pursuant to the city's building codes):
(a) Moving an existing exterior wall;
(b) Adding additional windows to an existing exterior wall;
(c) Enlarging an existing covered entry;
(d) Relocating an existing garage or driveway;
(e) Replacing existing siding materia!; and
(f) Modifying an existing roofline.
SECT ON 27. Section 20.139.015 is revised to read as follows:
20.139.015 Residential garage configuration standards.
(L) The configuration and maximum number of garage bays for the building types listed below
shall be limited based on lot width as follows:
Building Type Lot Width
Maximum number
of side-by-side
enclosed standard
parking stalls when
vehicle access is
from primary
street
Detached
House
<40 feet 1,
>40 feet
up to 74
feet
2
>74 feet
up to 100
feet
3
Ordinance No.055-19
Page 66 of 67
Building Type Lot Width
Maximum number
of side-by-side
enclosed standard
parking stalls when
vehicle access is
from primary
street
>100 feet No limit
Backyard
Cottage
N/A N/A
Side-by-Side
Du p lex
T4feetor
!ess
L per unit
>74 feet 2 per unit
Duplex Back-
to-Back
40 feet or
less
1 for the front
unit, no limit for
rear unit
>40 feet 2 f or the front
unit, no Iimit for
rear unit
Attached
House
40 feet or
less
L per dwelling
unit
>40 feet 2 per unit
Townhouse <30 feet Not permitted
>30 feet
or more
1 per unit
Accessory
Buildings
N/A N/A
(2) A side-by-side interior parking space shall mean an area within a structure designed for the
storage of a single passenger car or light truck.
SECTION 28. New Section 20.139.022is added as follows:
2O.!39.O22 Dr veway standards for front-loaded townhomes, attached homes and duplexes.
Ordinance No.056-19
Page 67 of67
(1) Individual driveways are limited to a single lane 12 feet wide.
(ii) Driveways shared between two townhomes, two attached homes, or two duplex units are
limited to 20 feet in width.
(iii) ln order to qualify for one or more individual or shared driveways, the building in which
townhomes, attached homes or duplexes are contained must be at least 30 feet wide.
SECTION 29.Severabilitv. lf any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutiona! 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.
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 31.Effective Date. This ordinance shall be published in the official newspaper
of the city and shall take ful! force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of
publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested
by the City Clerk in authentication of such passage this 25th day of November 2019.
Robert Putaansuu,
Brandy R , MMC, City Clerk
A
S EA-'L
APPROVED AS TO FORM:
n Cates, City Attorney
n
PUBLISHED:
EFFECTIVE DATE:
Sponsored b
Decembe r 6, 2OL9
Decem be r LL, 2079
Scott Die er, Councilmember
a
a
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 November 26, 2019.
ORDINANCE NO. 056-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING MINOR REVISIONS AND CORRECTIONS TO TITLE 20 OF THE
PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 056-19 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. 056-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, December 6, 2019