020-12 - Ordinance - Amending Chapter 16.20.201 Downtown Overlay District Permitted UsesIntroduced by: Development Director
Drafted by: Development Director
Reviewed by: City Attorney
Introduced: December 11, 2012
Public Hearing: December 11, 2012
Adopted: December 11, 2012
ORDINANCE NO.020-12
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING THE PORT ORCHARD
MUNICIPAL CODE TITLE 16 CHAPTERS 16.20.201
DOWNTOWN OVERLAY DISTRICT PERMITTED USES.
WHEREAS, the Port Orchard City Council determined that an update to POMC 16.20.201,
Downtown Overlay District Permitted Uses, was necessary to insure that the vision and goals for the
Downtown Overlay District are maintained.through the reasonable application of allowed uses in the
Downtown Overlay District; and
WHEREAS, POMC 16.20.201 does not adequately address the concerns regarding public
health, safety, and welfare as they relate to permitted uses in the Downtown Overlay District; and
WHEREAS, the Port Orchard Planning Commission conducted a public hearing November
19, 2012 to discuss various Downtown Overlay District permitted uses, reviewed ordinance
alternatives, and deliberated regarding recommended changes regarding POMC 16.20.201
Downtown Overlay District permitted uses; and
WHEREAS, pursuant to RCW 36.7oA.1o6, a draft of the 2012 Downtown Overlay District
Permitted Uses was provided to the Washington Department of Commerce for its review and
comment, and the Department has granted expedited review; and
WHEREAS, at a meeting held November 19, 2012 the Planning Commission reviewed the
proposed POMC 16.20.201 Downtown Overlay District Permitted Uses and provided the Council with
its recommendation as set forth in Planning Commission Resolution No. 010-12; and
WHEREAS, after proper notice, the City Council held a public hearing, on December 11, 2012
to receive testimony from members of the public regarding the provisions of the proposed changes to
POMC 16.20.201 Downtown Overlay District Permitted Uses; and
WHEREAS, after considering input from the Planning Commission, City staff, and the public,
the City Council finds that the 2012 changes to POMC 16.20.2ol Downtown Overlay District
Permitted Uses serves the public health, safety, and general welfare of the citizens of Port Orchard; and
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WHEREAS, the City Council also finds that the changes to POMC 16.20.201 Downtown
Overlay District Permitted Uses are consistent with the goals and policies of the City's Comprehensive
Plan and with the Growth Management Act, Chapter 36.7oA RCW; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Port Orchard Municipal Code Section 16.20.201 is hereby amended as follows:
16.20.201 DOD — Permitted uses.
All uses listed below are permitted uses. No other uses shall be permitted in the central DOD,
unless said use is accessory to the principal permitted use or uses. Uses within the east and west
gateways may include uses allowed within the underlying zone or any of the central DOD uses.
(i) On lots that do not abut Bay Street the following are permitted uses:
(a) Single-family attached dwellings.
(b) Multifamily dwellings above the first floor, including but not limited to
condominiums.
(c) Amusement/entertainment including but not limited to theaters, bowling,
amusement arcades; but excluding adult entertainment.
(d) Barbers and beauticians.
(e) Bed and breakfasts.
(f) Boat dealers; provided no inventory shall be allowed on site.
(g) Conference centers.
(h) Daycare.
(i) Dock.
0) Commercial recreation.
(k) General business services.
0) Health services, including offices, patient clinics, and medical/dental laboratories.
(m) Hotels and motels.
(n) Library.
(o) Liquor and wine stores.
(p) Marinas and marine supply.
(q) Museums.
(r) Parks.
(s) Parking lots and parking structures.
(t) Post office.
(u) Professional offices and services, including financial, accounting, and legal.
(v) Public agency offices.
(w) Retail sales and services listed as permitted uses in a commercial or mixed use zone
in land use Tables 16.30.030 through 16.30.ioo, except for motor vehicle dealers, auto
supply stores, gas stations, boat dealers, adult entertainment, and fuel dealers.
(x) Trails.
(y) Water transportation facilities.
(2) On lots that abut Bay Street the following are permitted uses:
(a) Single-family attached dwellings above the first floor.
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(b) Multifamily dwellings above the first floor, including but not limited to
condominiums.
(c) Amusement/entertainment including but not limited to theaters, bowling,
amusement arcades; but excluding adult entertainment.
(d) Barbers and beauticians.
(e) Bed and breakfasts above the first floor.
(f) Boat dealers; provided no inventory shall be allowed on site.
(g) Conference centers.
(h) Daycare above the first floor.
(i) Dock.
0) Commercial recreation.
(k) General business services, except bail bonds and similar uses under SIC Code 7389
are prohibited from the ground floor and must be located above the ground floor.
(1) Health services, including offices, patient clinics, and medical/dental laboratories
above the first floor.
(m) Hotels and motels.
(n) Library.
(o) Liquor and wine stores.
(p) Marinas and marine supply.
(q) Museums.
(r) Parks.
(s) Parking lots and parking structures.
(t) Post office.
(u) Professional offices and services, including financial, accounting, and legal above the
first floor.
(v) Public agency offices above the first floor.
(w) Retail sales and services listed as permitted uses in a commercial or mixed use zone
in land use Tables 16.30.030 through 16.30.1oo, except for motor vehicle dealers, auto
supply stores, gas stations, boat dealers, adult entertainment, and fuel dealers.
(x) Trails.
(y) Water transportation facilities.
(z) Tattoo Parlors shall only be allowed above the first floor.
SECTION 2. The Port Orchard City Council adopts the findings, conclusions, and
recommendations of Planning Commission Resolution No. o10-12 as shown in Exhibit A attached
hereto and incorporated by this reference.
SECTION S. Savings Clause. The sections of the Port Orchard Municipal Code
referenced in Sections 1, above, of this Ordinance, and which are amended by this Ordinance, shall
remain in force and effect until the effective date of this Ordinance.
SECTION a. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
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SECTION s. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this iith day of December 2012.
ATTEST:
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
Gregory A. J co , Ci orney
Timothy C. es, Mayor
Sponsored by:
Carolyn Pow s, Councilmember