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028-10 - Ordinance - Amending Title 16 Land Use Regulatory CodeIntroduced by: Development Director Requested by: Development Director Drafted by: Development Director Introduced: December 14, 2010 Adopted: December 14, 2010 ORDINANCE NO. 028-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE PORT ORCHARD MUNICIPAL CODE TITLE 16 CHAPTERS 16.o8, 16.2o, AND 16.30 WHEREAS, the City Council has undertaken a comprehensive review of the zoning Code and Development Regulations in order to amend the integrated set of documents that are internally consistent and user friendly; and WHEREAS, on December 9, 2oo8, by Ordinance No. 042-o8, the Port Orchard City Council approved the 20o8 Port Orchard Comprehensive Plan Update which created the Business Professional zone within the Commercial Retail -Office Comprehensive Plan Designation; and WHEREAS, on December 22, 20o9, by Ordinance No. olo-o9, the Port Orchard City Council amended the Port Orchard Municipal Code Title 16 Land Use Regulatory Code to make provision for permitted uses within the Business Professional zone; and WHEREAS, at the direction of the City Council, the Port Orchard Planning Commission has undertaken a comprehensive review of Port Orchard Municipal Code Title 16 Land Use Tables in order to determine which uses should be permitted within the Business Professional zone; and WHEREAS, the Planning Commission and staff have held a series of special meetings over a period of months, which meetings were properly noticed and open to the public; to prepare an integrated set of documents known as the 2olo Land Use Regulatory Code Update, including recommendations for code revisions to the Land Use Tables 16.30.030 — 1oo in Title 16 Land Use Regulatory Code; and WHEREAS, pursuant to RCW 36.7oA.1o6, a draft of the 20io Land Use Regulatory Code Update 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 May 17, 2olo, the Planning Commission reviewed the proposed 2010 Land Use Regulatory Code Update and provided the Council with its recommendation as set forth in PC Resolution 002-10; and Ordinance No. 028-ro Paee 2 of q6 WHEREAS, after proper notice the City Council held a public hearing, on December 14, 2010, to collect testimony from members of the public regarding the provisions of the proposed 2010 Land Use Regulatory Code Update; and WHEREAS, after considering input from the Planning Commission, City staff, and the public, the City Council finds that the 2010 Land Use Regulatory Code Update serves the public health, safety, and general welfare of the citizens of Port Orchard; and WHEREAS, the City Council also finds that the 2010 Land Use Regulatory Code Update is 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 16.08.094 is hereby amended as follows: 16.o8.094 Building Height. "Building height" shall mean, except when otherwise noted in the tables or charts under Chapter 16.40 POMC, the vertical height or distance from the uphill elevation of the lower of either the existing or finished grade at the foundation or slab to the roof drip line or fascia of the building. If the uphill elevation line is not level, the average uphill elevation shall be the basis for the measurement. SECTION 2. Port Orchard Municipal Code Section 16.20.701is hereby amended as follows: 16.20- 701 VPOD — Residential building and structure height limitations. (1) Residential Zoning Districts Permitted Heights. The maximum allowable building height in residential zoning districts (Gb, R4.5, R8, R12, and R20) shall be 15 feet. (2) Measurement. Buildings within the VPOD shall comply with the following height restrictions: Building height shall not exceed a measurement of 15 feet from the mid- point of the highest ridge line of the structure to the elevation of the uphill property line. If the uphill property line is not level, the city shall use the average elevation of the uphill property line for a basis of measurement. Variances to this view protection height limit shall be reviewed by the hearing examiner. (3) Residential Zoning Districts Conditional Heights. Allowable building height may be increased up to 33 feet under a conditional use permit if, in addition to the requirements of this title, it is demonstrated that: Ordinance No. 028-ro Page q of q6 (a) The view of adjacent land owners would not be significantly obstructed or reduced, and solar access of neighboring lots is not significantly reduced. A view shall be considered significantly obstructed or reduced if 30 percent or more of the view to any view corridor from a primary living area is blocked. (b) The maximum allowable structure height shall be 33 feet, provided the maximum building height is not exceeded. SECTION S. Port Orchard Municipal Code Section 16.20.0702 is hereby amended as follows: 16.20.702 VPOD — Commercial building and structure height limitations. (r) Commercial Zoning Districts Permitted Heights. The maximum allowable building height in commercial zoning districts (Co, Mxd, Eo, and Cf) shall be 27 feet. (2) Measurement. Buildings within the VPOD shall comply with the following height restrictions: Building height shall not exceed a measurement of 27 feet from the mid- point of the highest ridge line of the structure to the elevation of the uphill property line. If the uphill property line is not level, the city shall use the average elevation of the uphill property line for a basis of measurement. (3) Commercial Zoning Districts Conditional Heights. Allowable building height may be increased up to 39 feet, to a maximum height of 48 feet, under a conditional use permit if, in addition to the requirements of this title, it is demonstrated that: (a) The view of adjacent land owners would not be significantly obstructed or reduced (a view shall be considered significantly obstructed or reduced if 30 percent or more of the view to any view corridor from a primary living area is blocked or, in the case of a commercial structure, from an office or public space); (b) Fire flow is adequate; (c) No unstable slopes or soils are on the building site; and (d) Solar access of neighboring lots is not significantly reduced. SECTION 4. The Port Orchard Municipal Code Title 16 "Land Use Regulatory Code" Chapter 16.30 is hereby amended as shown in Exhibit A attached hereto and incorporated by this reference. SECTION,. The Port Orchard City Council adopts the findings, conclusions, and recommendations of Planning Commission Resolution PC 002-10 as shown in Exhibit B attached hereto and incorporated by this reference. SECTION 6. Savings Clause. The sections of the Port Orchard Municipal Code referenced in Sections r through 4, above, of this Ordinance, and which are amended by this Ordinance, shall remain in force and effect until the effective date of this Ordinance. Ordinance No. 028-10 Page 4 of 26 SECTION7. 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. SECTION 8. 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 14th day of December 2010. ATT T: Patricia atrick, AMC, City Clerk APPROVED AS TO FORM: Gregory A. a oby, i Attorney Sponsored by: L!e6ZZ) Rob utaansuu, Councilmember Chapter 16.30 GENERAL LAND USE REQUIREMENTS -TABLES Sections: 16.30.010 Establishment of uses. 16.30.020 Interpretation of land use tables. 16.30.030 Land Use Tablet — Government/Business Services. 16.30.040 Land Use Table 2—General Services. 16.30.050 Land Use Table 3—Manufacturing. 16.30.060 Land Use Table 4—Recreational/Cultural. 16.30.070 Land Use Table 5 — Regional. 16.30.080 Land Use Table 6 — Residential. 16.30.090 Land Use Table 7 — Resource. 16.30.100 Land Use Table 8 — Retail. 16.30.010 Establishment of uses. Ordinance No. 028-10 Exhibit A The use of a property is defined by the activity for which the building or lot is intended, designed, occupies, or maintained. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a temporary use, and subject to the requirements of this title. All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area. 16.30.020 Interpretation of land use tables. The land use tables in this title determine whether a specific use is allowed in a zone district. The zone district is located on the column and the specific use is located on the row of these tables. (1) If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for certain temporary uses. (2) If the letter "P" appears in the box at the intersection of the column and the row, the use is allowed in that district subject to the review procedures and general requirements specified in this document. (3) If the letter "C" appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review procedures and general requirements specified in this document. (4) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of this document, and the specific conditions indicated in the development condition with the corresponding number immediately following the land use table. (5) If more than 1 letter -number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of this document, and the specific conditions indicated in the development condition with the corresponding number immediately following the table. (6) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. Ordinance No. 028-10 Exhibit A 16.30.030 —Table 1 Government /business services land uses (p=permitted, c=conditional, a=administrative permit required) v v 0 \ \ N N W •' = C C N N ,n C C J J J U 0 J J C G N O _ N C E O GO ti N w I m I I p LL N E C C C C C E in > 0 J v v v v v E c E y y y n u °i w `m w o x o W W W E VE U o m w 0 U Government services GB RMH RCS R6 R32 OD Wd W C * Public agency office c p c p p * Public agency yard p p • Public agency archives P p p 921 Court p 9221 Police facility p 9224 Fire facility p • Subregional utility C c C C c c c c c p • Minor communications facility p2 p2 p2 p2 p2 p2 p2 _P2 p2 p p Business services 15-17 Construction and trade p3 p3 p Individual transportation and * taxi p 421 Trucking and courier service c4 c4 p Warehousing and wholesale * trade c p * Self-service storage c5 c5 C p 4221 Farm product warehousing p Farm product refrigeration and 4222 1 storage p • Log storage Water transportation of 44 passengers p8 p8 p8 p8 47 Transportation service p3 p3 p 48 Communication offices p3 p3 p3 p * General business service p p p * Professional office p a p p 7312 Outdoor advertising service p3 p 735 Miscellaneous equipment rental c p 751 Automotive rental and leasing I p I p 752 Automotive parking c a9 a9 a9 a9 p p Professional sport 7941 teams/promoters p3 p3 p3 p Research, development and 873 testing pl pl I p I p Heavy equipment and truck * repair p Commercial/industrial accessory ` uses p6 p6 p * Helipad C c c p7 Ordinance No. 028-10 Exhibit A Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Only SIC industry number 8732 and 8734 - Commercial economic, sociological and education research. 2: Subject to conditional approval when the tower or antenna support will exceed the height limits of the underlying zone. 3: Limited to office use. 4: Limited to SIC industry number 4215-Courier Services, except by air. 5: Accessory to a multifamily development of at least 12 units provided: a: The gross floor area in the self-service storage shall not exceed the total gross floor area of the multifamily dwellings. b: All outdoor lights shall be deflected, shaded, and focused downward away from all adjoining property. c: The use of the facility shall be limited to the occupant's household goods. d: No servicing or repair of motor vehicles, boats, trailers, lawn mowers of similar equipment. e: No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals. f: No residential occupancy of the storage units. g: No business activity other than rental of storage units by occupants. h: A resident shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval. 6: Storage limited to accessory storage of commodities sold at retail on the premises or materials used in the fabrication of commodities sold on the premises. 7: Limited to emergency medical evacuation sites in conjunction with police, fire, health or public service facility. 8: Subject to conditional approval when additional parking is required. 9: Subject to conditional approval within Downtown Overlay District, or if a parking structure is proposed 10: Permitted Uses within SIC code is subject to provisions identified below: a: SIC codes 7311-7313, 7319,7323,7336,7338, 7371-7376,7379 are Permitted uses, limited to office, desktop design, & desktop graphic work. All other activities must be off -site. No onsite retail sales. b: SIC Codes 7322, 7361, 7363, 7383, require administrative approval and are limited to office activities only. c: SIC Codes 7331, 7334, 7335, 7342, 7349, 7352, 7353, 7359, 7377, 7378, 7381, 7382, 7384, & 7389 are not permitted uses. Other SIC codes under the 73 general category, if not specifically identified in 10a or 10b above, are not permitted uses. Ordinance No. 028-10 Exhibit A 16.30.040 —Table 2 General services land uses (p=permitted, c=conditional, a=administrative permit required) a m a v v `u u W U m M O O O N N a C C J J C J L J J O O G = v C .m E a 06 ti N m I I I O Y LL N C ? Y f0 f0 N 10 f0 O O. 0! N E JL jE E E u ❑ y O. u % O W N W N 41 N O J E iF O O m 2 w 0 V Personal services 60 dM K4 O RIZ FM CID ! M Md ED 72 1 General personal services p p c 7216 Dry cleaning plants p 7218 Industrial launderers p 7261 Funeral home/crematory c c c c c p3 Cemetery, columbarium or * mausoleum P * Daycare p p5 p5 p5 p5 p5 p P5 p p p * Veterinary clinic p4 p4 p4 753 Automotive repair pl cl pl c 754 Automotive service p c p * Marina -boat repair I p p p 762/3 1 Misc repair-electrical/electronic p p p 764/9 Misc repair-furniture/welding c I c p 83 Social services p2 a p2 p p2 * Stable c c * Kennel or cattery c c c 866 Churches, synagogue, temple c c c c c p Health services 801-4 Office/patient clinic c p p p p Nursing and personal care 805 facilities c p p p 806 Hospital p 807 Medical/dental lab p p P p p 808-9 Miscellaneous health p c p p Education services Elementary or middle/junior * high c c c c p * Secondary or high school c c c c p • Vocational school c c c c p • Specialized instruction school c c c c p p p * School district support facility c c c c p c 8221-2 College/university c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except SIC industry group number 7534-Tire retreading, see manufacturing table. 2: Except SIC industry group # 835-Daycare and 836-Residential care -see residential land use table. 3: Only as an accessory to a cemetery. 4: No burning of refuse or dead animals is allowed. 5: If less than or equal to 6 children, the use is permitted. Otherwise an administrative permit is required. 6: No kennel operations allowed. Ordinance No. 028-10 16.30.050 — Table 3 MI OIL M Manufacturing land uses (p=permitted, c=conditional, a=administrative permit required) E d w v E m m v m L Y H tn' N 0O o o Y o v N to O N CD E v ou .. N I 12! I m a I I O W N t0 l0 f0 l0 = 1 N E +" C C C C C y j N in D y a v v v v E c y a E C7 K a S C W W U O m W O U Manufacturing land uses 20 Food processing and kindred products cl cl p2 4 T—W MOM p2,4 p2 2082/5 Winery/brewery c c c c p 22 Textile mill products c 23 Apparel and other textile products c c p 24 Wood products except furniture c3 c3 p 25 Furniture and fixtures p4 p4 p 26 Paper and allied products c 27 Printing and publishing c c c c p p p 28 Chemicals and allied products c Petroleum refining and related 29 products c 30 1 Rubber and misc plastics c 31 Leather and leather goods p4 p4 c Stone, clay, glass and concrete 32 products p4 p4 p 33 Primary metal industries c 34 Fabricated metal products p p 35 Industrial and commercial machinery I p 351-56 Heavy machinery and equipment p 357 Computer and office equipment c c p Electronic and other electric 36 1 equipment c c p 374 Railroad equipment c 376 Guided missile and space vehicle parts p 379 Miscellaneous transportation vehicles p Measuring and controlling 38 instruments p p p 39 Miscellaneous light manufacturing c4 c4 p Motor vehicle and bicycle * manufacturing c4 c4 p * Aircraft, ship and boat building c4 c4 p 7534 Tire retreading c 781-82 Movie production/distribution c I a6 c p Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Limited to agricultural products grown on -site, provided structures and areas used for processing shall maintain a minimum distance of 75 feet from property lines adjoining residential zones. 2: Except slaughterhouses. 3: Limited to uses found in SIC industry groups 2434-Wood kitchen cabinets and 2431-Millwork (excluding planing mills). 4: Permitted if within enclosed buildings and as an accessory use to retail sales. 5: Permitted Uses within SIC code is subject to provisions identified below: Ordinance No. �OT 0h288-10 a: SIC Codes 2711, 2721, 2741, 2761, 2771, 2796 require administrative approval and are limited tc1'&A activities only. b: SIC Codes 2731, 2732, 2752, 2754, 2759, 2782, 2789, & 2791 are not permitted uses. Other SIC codes under the 27 general category, if not specifically identified in 5a above, are not permitted uses. 6: Permitted Uses within SIC code is subject to provisions identified below: a: SIC Code 7819 requires administrative approval and are limited to office activities only. b: SIC Codes 7812, 7822, 7829, 7832, 7833, & 7841 are not permitted uses. Other SIC codes under the 78 general category, if not specifically identified in 6a above, are not permitted uses. Ordinance No. 028-10 Exhibit A 16.30.060 —Table 4 Recreational/cultural land uses (p=permitted, c=conditional, a=administrative permit required) v v O! d d u u O m v m C C J J C 0 M 0 J J p l0 p L+ ut O ry O U,i E E v od .+ ry v I I I I o C N C > Y 10 f0 10 IO 10 ` 1 N W Y C C C C C N N j, j E E c m w v a v v v a a U C'J K d K K 2 K U O m W O U Park and recreation 16a RDl1 US O RU R20 CD N UM ED CF '.. * Park c c c c c c c C c c pl * Trail p p p p p p p p p p p * Campground c * Destination resort c c c * Marina p c p p * Recreational vehicle park c2 c2 Amusement/entertainment 7832 Theater p3 p3 p3 7833 Theater, drive-in c 79 Miscellaneous Amusements c c c 792 Plays/theatrical production c3,6 p3 p3 p3 793 Bowling center p c * Sports club c p p p p * Golf facility p4 7999 Golf driving range p4 Shooting range - guns and " firearms c * Archery range c c c * Adult entertainment facilities c3 * Amusement arcades p p c p Cultural 823 Library p5 p5 p5 p5 p5 p C p c p 841 Museum p5 p5 p5 p5 p5 p C p c p 842 Arboretum c I I I p _._,C... p c p * Conference center c p p c p Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Lighting for structures and fields shall be shielded and directed away from residential areas. 2: Recreational vehicle parks are subject to the following conditions and limitations: a: The maximum length of stay of any unit shall not exceed 180 days unless otherwise stipulated; and b: The minimum distance between recreational vehicle pads shall be not less than 10 feet; and c: Sewage shall be disposed in a system approved by the Kitsap County Health Department. 3: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries or churches that conduct religious or educational classes for minors. 4: Lighting shall be shielded and directed away from residential areas. 5: Only as an accessory to an historic site or building. 6: Only of a limited outdoor nature such as an interpretive assembly or amphitheater. Ordinance No. 028-10 Exhibit A 16.30.070 —Table 5 Regional land uses (p=permitted, c=conditional, a=administrative permit required) a v v v m u O O O N L a y\j !_' y\j " C C _ a C N J N v O J N J O O N O O m N O N 'O Y •U E m I m m I m I O Y c u > Y y -O -O y E O Y :2 :2 U E V N O. U C7 N m K O. N K N K U1 5 W C O U O J rD W O o Regional land uses * Jail c * Work release facility c Public agency animal control * facility c c * Public agency training facility c c * Hydroelectric generation facility c Non -hydroelectric generation * facility c c c c c c c c c c * Major communication facility c c c c c c c c c c * Earth station major c c c c c c c c c c * Energy resource recovery facility c c * Landfill c * Transfer station I c p * Interim recycling facility p2 p2 p3 p2 * Wastewater treatment facility I p * Municipal water production p * Airport/heliport c * Landing field c * Transit bus base c4 rc4 c c Transit park -and -ride lot c c p * School bus base c c 7941 Stadium/arena c 7948 Racetrack c * fairground c 8422 1 Zoo/wildlife exhibit cl cl Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except arboretum - see Recreational/cultural land use table. 2: Limited to drop box facilities 3: All processing and storage of material shall be within enclosed buildings and excluding yard waste processing. 4: Bus storage only. Ordinance No. 028-10 Exhibit A 16.30.080—Table 6 Residential land uses (p=permitted, c=conditional, a=administrative permit required) a m O N H Ae C O C C j j C Gl O 'O Y O 1!1 O N O d N C U E v Cd I I I I O Y i N C > Y t0 f0 N 10 . d Y Y Y � Y U W N N U1 N E ), J U 'O U C y a u C7 K Q K K ¢ K U O m W O U Dwelling units 6B pfl RLs M '!12 11112111 CID _ ED CF * Single family detached p p p p6 p.r * Single family attached p p p p * Multifamily L p p c7 p * Mobile home park p * Houseboat c c c c Group residences * Senior citizen assisted a p p p c7 't 4A; c c Community residential facility- * CRF c c c c c * CRF-prisoner release c c * Dormitory c2 Accessory uses * Residential living quarters a3 a3 a3 p a a3 p * Home (cottage) industry a a a a415 a a * Home occupation a a a a a4,5 a p * Home profession p p p p p p p p Temporary lodging 7011 Hotel/motel p1 cl * Bed and breakfast c c c c c c p a p Organization hotel/lodging 7041 houses c c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except bed and breakfast. 2: Only as an accessory to a school, college/university, church or conference center. 3: Accessory dwelling units: a: Only one accessory dwelling per lot; b: The primary residence or the accessory dwelling unit shall be owner occupied; c: The accessory dwelling unit shall not be larger than 50 percent of the living area of the primary residence; d: One additional off-street parking space is provided; and e: The accessory dwelling unit shall be converted to another permitted use or shall be removed if at least one of the units ceases to be owner occupied. 4: No customers are allowed on site. 5: In R20 zone, Home (cottage) Industry and Home Occupation are allowed in single-family detached homes only. 6: Permitted with approval of a Planned Residential Development. 7: Permitted as part of Mixed -Use development with approval of a Conditional Use Permit (Maximum R-20 density) Ordinance No. 028-10 Exhibit A 16.30.090—Table 7 Resource land uses (p=permitted, c=conditional, a=administrative permit required) N v v u v u E O M M N N C 0 ' t y �' L c �' c C 3 C � _ (O c N N a 0 m M o E .4 ao f0 I t0 N I t0 N o Y c LL d C C C C C E N j, E u c w CI u l7 ¢ f0a z z z z U o m W o U Agriculture 01 Growing and harvesting crops p6 c c c 181 Greenhouses and nurseries c c5 c5 c5 Raising livestock and small 02 animals p7 c c c Forestry Growing & harvesting forest 08 products p *I Forest research p p2 p2 p2 Fish and wildlife management 921 Hatchery/fish preserve pl 273 Aquaculture pi * Wildlife shelters p c3 Mineral 10-13 1 Mineral extraction 14 Mining and quarrying c 32 Processing of minerals c4 c4 c Asphalt paving mixtures and 2951 blocks c p Resource accessory uses * Resource accessory uses c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: May be further subject to the provisions of the Shoreline Management Program. 2: Only forest research conducted within an enclosed building. 3: Only within an approved enclosed or contained facility subject to appropriate county and state requirements. 4: Only artisan type activities, such as pottery or glass blowing, which are a secondary or accessory use to a retail activity. 5: As a secondary or accessory use to a residential activity without retail sales, where larger than 200 square feet. 6: May be further subject to the provisions of EPA and DOE in regard to the use of fertilizers, pesticides, and other chemicals. 7: May be further subject to the provisions of EPA and DOE in regard to the buffering of streams, wetlands, and other freshwater corridors. Ordinance No. 028-10 Exhibit A 16.30.100 —Table 8 Retail land uses (p=permitted, c=conditional, a=administrative permit required) a v C W U u u L 0 o N C _ _ c c > > c a M o ut o6 N N H C E v od ti N m I m I I I p LL > >, c v v a a E v E `o '� a u w m w v w m 3 E ik o C7 K d K C 5 2 V cm w o V Retail land uses R8 Itl2 R1D OO) !r;g (f 5271 Mobile home sales c p * Building, hardware and garden materials I p vi—I p * Forest products sales c I I p * Department and variety stores p p 54 Food stores p p p2 * Agricultural crop sales c3 c3 * Motor vehicle dealers p c p 553 Auto supply store p4 p4 p 554 Gasoline service station p c p 555 Boat dealers p c p 56 Apparel and accessory stores p p * Furniture and home furnishing stores p p 58 Eating and drinking places p6 p6 a2,6 * Adult entertainment facilities p5,6 * Drug stores p p c2 592 1 Liquor stores p p 593 Used goods: antiques/secondhand shops p p 594 Miscellaneous shopping goods p p * Book, stationery, video and art supply p6 p6 * Monuments, tombstones and gravestones p I p * Bulk retail p c * Auction houses c c 598 Fuel dealers p7 Petshop p 4p7!p P2, 6512 Banks and financial services p 8 Petroleum 29117 Petroleum refining c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Only hardware and garden materials shall be permitted. 2: Limited to 25%of gross floor area up to 4,000 square feet. 3: a: Limited to products grown on -site; and b: Covered sales area shall not exceed 1,000 square feet. 4: Only the sale of new or reconditioned automobile supplies is permitted. 5: Excluding SIC industry number 5813-Drinking places. 6: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries, or churches that conduct religious or educational classes for minors. 7: Limited to office use. 8. Drive through not permitted Ordinance No. 028-10 Exhibit B CITY OF PORT ORCHARD PLANNING COMMISSION RESOLUTION NO. 002-10 A RESOLUTION OF THE CITY OF PORT ORCHARD PLANNING COMMISSION REVISING THE CITY OF PORT ORCHARD TITLE 16: LAND USE REGULATORY CODE LAND USE TABLES FOR BUSINESS PROFESSIONAL ZONE AS SHOWN ON "EXHIBIT A". WHEREAS, on December 91h, 2008, by Ordinance No. 042-08, the Port Orchard City Council approved the 2008 Port Orchard Comprehensive Plan Update which created the Business Professional zone within the Commercial Retail -Office Comprehensive Plan Designation; and WHEREAS, on December 22"d, 2009, by Ordinance No. 010-09, the Port Orchard City Council amended the Port Orchard Municipal Code Title 16 Land Use Regulatory Code to make provision for permitted uses within the Business Professional zone; and WHEREAS, at the direction of the City Council, the Port Orchard Planning Commission has undertaken a comprehensive review of Port Orchard Municipal Code Title 16 Land Use Tables in order to permit certain uses within the Business Professional zone; and WHEREAS, the Planning Commission held a public meeting on January 25`h, 2010, which meeting was properly noticed and open to the public, with continued discussions on February 22nd, 2010, March 15', 2010, April 19', 2010, and May 17d', 2010, to prepare recommendations for code revisions to the Land Use Tables 16.30.030 — 100 in Title 16 Land Use Regulatory Code as shown in "Exhibit A"; and WHEREAS, after considering input from Planning Commission members and the public, the Planning Commission finds that the Land Use Regulatory Code serves the public health, safety, and general welfare of the citizens of Port Orchard; and WHEREAS, the Planning Commission also finds that the Land Use Regulatory Code is consistent with the goals and policies of the City's Comprehensive Plan and with the Growth Management Act, Chapter 36.70A RCW; now, therefore, WHEREAS, Following timely and effective notice, on May 17th, 2010, the Planning Commission completed deliberations in regards to the proposed changes for Title 16, Land Use Regulatory Code as shown in attached "Exhibit A". Ordinance No. 028-10 Exhibit B FINDINGS The Port Orchard Planning Commission makes the following findings regarding the amendments to Port Orchard's Land Use Regulatory Code: 1. A public meeting was held on January 25d', 2010, with continued discussions on February 22"d, March 151h, April 19`h, and May 17'' 2010, on the proposed updates to Title 16 Land Use Regulatory Code Land Use Tables 16.30.030 -100. 2. During the public meeting verbal testimony was heard in regard to the revisions of Title 16 Land Use Regulatory Code Land Use Tables 16.30.030 - 100. 3. During the comment period, written comments were received and are attached herein. 4. The Planning Commission reviewed and discussed comments received, and recommended to forward to City Council certain revisions to the City Council for review and consideration. CONCLUSIONS 1. The Planning Commission has deliberated the merits of the proposed revisions to Title 16 Land Use Regulatory Code Land Use Tables 16.30.030 — 100 shown in attached "Exhibit A". 2. The Planning Commission forwards to the City Council this resolution with a recommendation for approval for the revisions to Title 16 as shown in attached "Exhibit A". 3. The Planning Commission has determined that the proposed revisions to Title 16 are consistent with the goals and policies of the 2008 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED THAT: The Planning Commission of the City of Port Orchard hereby recommends that the City Council approve the attached revisions to the Port Orchard Municipal Code. PASSED by the Planning Commission of the City of Port Orchard this 17`h day of May, 2010. LA= " B kAshby, Planning Commissilf Chairman ATTEST: ?e. aver, City Development Director WestSound Engineering, Inc. January 27, 2009 Thomas Bonsell, Assistant Planner City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Parcell Number 032301-1-016-2005,1914 Pottery Avenue Dear Mr. Bonsell, Ordinance No. 028-10 Exhibit B 217 Wilkins Drive S.W. Port Orchard, Washington 98366-4741 (360) 876-3770 • Fax: 1360( 876-0439 On behalf of Pottery LLC, I want to thank you for the City's excellent work to update the comprehensive plan. It is my understanding, that as a result of this update, the above referenced parcel has the commercial designation of business professional. This letter is our request for the City to consider an additional land use for this designation. The recently completed building located on the adjacent parcel, 1922 Pottery Avenue, has been leased to a drug and alcohol counseling business, newly established in the City of Port Orchard. At this facility they provide a one -month program for clients to overcome their addiction. The clients are housed in single family homes located in the area and are transported daily to this facility for education and training. The owner would like to house some of their clientele on site. A new facility would be built on this parcel to provide individual bedrooms, a cafeteria, gym, and possibly a swimming pool. It is my understanding that this land use would fall under the classification of "residential care" SIC #8361. Currently this land use is allowed by conditional use permit in residential zones. We propose that this use be allowed in the professional business zone for the following reasons. 1. Retail Use: The business professional zone designation is intended to limit the amount, size and type of retail uses. This particular use would generate little or no retail sales. 2. Traffic: There would be less daytime traffic, even less than typical office use, for the amount of building square footage. Clientele are not allowed to drive. Traffic would be limited to the staff and occasional deliveries. 3. Major Employment Centers: Although this use would not directly support the major employment centers identified in the comprehensive plan, it is compatible with the hospital, urgent care and group health business located in the area. 4. Housing these clients in a controlled environment is better than housing them in detached single family residences scattered throughout the area. Ordinance No. 028-10 Exhibit B As the City deliberates changes to the land use table, we request consideration of the residential care use for the professional business zone classification. Attached is a sketch of the above -mentioned parcels with the current approved site plan. Please contact me for any questions. Sincerely Craig T. aldwin, P.E. Copy: Jake Barth Enc. - Site Plan � � Sdnaa;m �\�\{ — Z� : Ordinance d }q �� \k Jaeiil ; Q§R56dRgdRd485/[ |\g> Ordinance No. 028-10 Exhibit B July 14, 2009 To the Members of the City Council of Port Orchard: I heard the city is updating the fee structure for Home Occupation permits. I hope I'm not too late to voice my suggestions. I am a cosmetologist and I would like to have a small salon in my home. I meet all the laws established for the State of Washington Cosmetology concerning licensing for a home salon business. These laws are to protect the public and salons are inspected every year. With annual license fees, salon insurance and a CPA to figure the taxes, one must be serious about wanting to do business in their home. 1 feel it is a privilege and as a tax paying citizen it is important to me to be in good standing. I love living in Port Orchard and I feel it is important not to disturb the integrity of our neighborhoods. I want to be a good neighbor. I do meet all the requirements the city ask, however, when considering fees, I ask you to please have mercy on the single person wanting a small business, no employee's, no sign, just a small private appointment only one -chair salon with a small budget trying to make a living. I did call Gig Harbor City Planner to ask what their fees and rules were for a home business. • They have a $50 fee, plus your city business license. • As with Port Orchard all work such as plumbing, electrical or re -model must be done by a bonded professional and of course any permit fees required by the city needed for installation. • They do not allow any signs or landscaping to resemble a business, basically they said, "if someone is standing in front of your home, it should look like a home, smell like a home and feel like a home." However, I think a small tasteful sign say Ift byIft would not take away the integrity of a neighborhood. Again I would like to thank -you for your consideration. Could you please contact me if there is a date for public input at the City Council meetings? Sincer Diana McConaghy 924 Sidney ave. Port Orchard, WA 98366 360-876-0921 BRIDGEPORT DAFFODIL, LLC Ordinance No. 028-10 MARC ISLAM 26C1 Cherry Ave., Suite 300 HILARY HARTER Bremerton, WA 96310-4203 Managers Phone & Fax: (360) 373-0453 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 November 23, 2009 I represent Bridgeport Daffodil, LLC, which acquired the Cedar Heights Professional Center at 1950 Pottery Ave, towards the Southern edge of the Hospital Benefit District. I would like to submit the following comments for the public hearing scheduled for November 24, 2009: I reviewed the draft LURC with some dismay as it pertains to our building, specifically the exclusion of Day Care. As you know, re- zoning a building from Commercial to `Business Professional" further restricts the types of businesses that can exist in our location. Our building is very well suited for a day care, and we have been pursuing leasing opportunities along those lines. This new designation excludes day cares with more than 6 children. To make matters worse, Day Cares are not even conditionally permitted. Comment As you move away towards the periphery of the Hospital District, the LURC should consider the needs of both the employers and employees of that district and mark those pertinent services as conditional, at the very least. Ideally, I would like to see our property zoned as "Commercial - retail and offices." Other services that could benefit the Hospital District, but which are prohibited under the `Business Professional" zoning include: Day Care, General Personal Services, Sports Club, Eating and Drinking Places. I'm sure there are others. The LURC should not exclude services that benefit the largest employer in the area as long as they meet with the vision of this new designation. I would also like to bring to the council's attention that it was the recommendation of the planning department to include Day Cares under the `Business Professional" designation. That usage was removed by the planning commission for reasons not known to me. Thank you for the opportunity to comment on the draft LURC. Sincerely, Marc Islam, Manager Bridgeport Daffodil, LLC Ordinance No. 028-10 Exhibit B K. Franklin Tweten Received At 8216 Warren Dr. Gig Harbor WA. 98335 DEC 0 8 2009 Mayor Larry Cappola, Port Orchard City Council Council Meeting The business community of Port Orchard. 216 Prospect Street Port Orchard WA. 98366 To the respected Council and the City Officials of Port Orchard, On 11/24/2009 I attended a city council meeting, with many items on the agenda. My concerns have to do with the Chapter 16 Land Use Regulatory Update. The first sentence of the Executive Summary reads to accommodate the efficient and equitable processing of development applications. The second sentence states the inclusions of public officials and the citizens. I was a citizen and property owner in one of the effected rezones. I attended many meetings. My comments are nowhere in the voluminous draft. After many hours of reading, studying the effects of its language I have a few concerns. The majority of the 134 pages are very accurate, however eight pages need adjustments. They have to do with permitted uses. Balance is needed; with out a balance of uses developments don't work as planned. As I understand the new Business Professional zoning, it's at face value promoting business and professional office space. However restrictions of whom and what type of business and professional are entitled to use the spaces are almost discriminatory, we can have a doctor of medicine but no doctor of veterinary. It doesn't allow a sub regional utility to locate a billing facility, an intemet office not allowed. Engineers, architects, building designers, contractors, no record storage for the neighboring businesses and general business services not allowed. Professional offices need an administrative permit, what do we need that kind of beaucarcey in the way of entrepreneurial spirit. This document is meant to hold the door open for business and office users. A business of advertising can't use the space, research and development offices not allowed. General personal services not allowed, no physical therapy in area of two hospitals? A specialized school can't rent space. Colleges/ universities can't hold classes in the area. Food processing and kindred products not allowed, a coffee shop with fresh baked goods. Computer and office equipment can't do business in the business/ professional zone. We aren't allowed a connective trail or park setting in the area. No library, museum or conference center allowed. No public agency can rent space for training. No office space for major communications company. We can have single family detached homes, multifamily not allowed, how about letting workers live close to their work. Forest research office not allowed. Eating and drinking places not allowed, we put the cars back on the road for another trip everyday. Pharmacies, banks and financial services can't do business in our Professional/ Business District. We can have a bed and breakfast business. In summary there is a tremendous amount of good work in this proposal, it defines how and where the building are going to be built and how they will look. The new design of Tremont with its boulevard and roundabouts changes the character of Port orchard in its Ordinance No. 028-10 Exhibit B self. controlling traffic. It is the responsibility of our city to promote the entrepreneurial spirit and not tie the hands of professional and business people trying to locate their new business or relocate there existing business in our new business/ professional district. With out a balance of businesses, business services and like minded people, the area won't develop as intended. We need balance. We need to balance eight pages of this wonderful draft. The new road design for Tremont Street will dictate what types of businesses want to rent space in the area. The city council needs to open the restrictions put in place by the planning commission. Some of the discrepancies are of discriminatory nature. Port Orchard is a city on the grow, I'm asking for the tools to do business in the area where I own land and a building but can't do business. Right turns in and out don't attract the types of business that line the sidewalks of Wheaton Way. A retail center lined with strip malls will not accrue in the area. Respectfully submitted, Fr in ten Ordinance No. 028-10 Exhibit B TO: James Weaver/ Port Orchard Planning Commission FROM: James and Paulette Colebank 1519 Roland Avenue Port Orchard, WA 98366 DATE: 03/15/2010 SUBJECT: Comments on Business Professional Zoning BACKGROUND: We requested and were approved to be in the Business Professional Zoning classification. The zoning was approved by the City Council with the caveat that the description would be reviewed for possible changes. DISCUSSION: Let me begin by saying that we believe the Planning Commission has the best interests of the city at heart and we respect the work you do. There aren't many citizens who would volunteer their time and effort without a lot of appreciation. We want the entry to Port Orchard to be a benchmark in beauty and functionality. We do not want a Wheaton Way or a South Tacoma Way in Port Orchard. We understand that fast food places, tire centers, bail bondsman, tattoo parlors or heavy equipment rental centers would not be in keeping with the goal, With that said, our understanding of the wording of the current zoning seems to be too restrictive. We acknowledge that a zoning statement can never cover every possible use, but we firmly believe that the wording should allow for future interpretation and flexibility! One example, as we understand it, is that under the current Business Professional Zoning, Wet Apple Publishing would no longer be allowed in the zone. We believe that Wet Apple Publishing is an excellent example of what might be allowed in the Business Professional zone. The business doesn't have a lot of traffic; it is neat and well kept and doesn't require a lot of city attention. Other examples could be an insurance agent building, architect, a corner deli, a CPA, medical equipment rentals or small pharmacies. The City of Port Orchard relies on funding provided by businesses. If the Business Professional Zoning definition is too restrictive, revenue for the city will be lost. We believe that it would be nice but an unrealistic plan to restrict the zoning to only medical related businesses. RECOMMENDATION: Make the Business Professional Zoning definition flexible, appealable, and revenue supporting for the City of Port Orchard. Thank you for list('e///'�/ppp�''ng, J & Paulette Colebank Chapter 16.30 GENERAL LAND USE REQUIREMENTS - TABLES Sections: 16.30.010 Establishment of uses. 16.30.020 Interpretation of land use tables. 16.30.030 Land Use Table 1—Government/Business Services. 16.30.040 Land Use Tablet — GeneralServices. 16.30.050 Land Use Table 3— Manufacturing. 16.30.060 Land Use Table 4—Recreational/Cultural. 16.30.070 Land Use Tables — Regional. 16.30.080 Land Use Table 6—Residential. 16.30.090 Land Use Table 7—Resource. 16.30.100 Land Use Table 8—Retail. 16.30.010 Establishment of uses. Ordinance Nq, O MW2Tio �"x� t The use of a property is defined by the activity for which the building or lot is intended, designed, occupies, or maintained. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a temporary use, and subject to the requirements of this title. All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area. 16.30.020 Interpretation of land use tables. The land use tables in this title determine whether a specific use is allowed in a zone district. The zone district is located on the column and the specific use is located on the row of these tables. (1) If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for certain temporary uses. (2) If the letter "P" appears in the box at the intersection of the column and the row, the use is allowed in that district subject to the review procedures and general requirements specified in this document. (3) If the letter "C" appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review procedures and general requirements specified in this document. (4) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of this document, and the specific conditions indicated in the development condition with the corresponding number immediately following the land use table. (5) If more than 1 letter -number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of this document, and the specific conditions indicated in the development condition with the corresponding number immediately following the table. (6) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. Ordinance No�t0�2r8'SthW210 16.30.030 —Table 1 Government /business services land uses (p=permitted, c=conditional, a=administrative permit required) U v N d W u u pM M H N a m V C L t H _ N C C N l0 N C C J J C O W J J O O y O - O V Ov C E W N N N ry is m m m a f0 U N -o -o w w a y v— a n u E E l7 K O. K K C K V O m w 0 V Government services * Public agency office c p c p p * Public agency yard p p * Public agency archives P p p 921 Court p 9221 Police facility p 9224 Fire facility p * Subregional utility c c c c c c c c c p * Minor communications facility p2 p2 p2 p2 p2 p2 p2 p2 p2 p p Business services 15-17 Construction and trade p3 p3 p Individual transportation and * taxi p 421 Trucking and courier service c4 c4 p Warehousing and wholesale * trade c p * Self-service storage c5 c5 c p 4221 Farm product warehousing p Farm product refrigeration and 4222 1 storage p * Log storage Water transportation of 44 passengers p8 p8 p8 p8 47 Transportation service p3 p3 p 48 Communication offices p3 p3 p3 p * General business service p a10 p p * Professional office p a p p 7312 Outdoor advertising service p3 p 735 Miscellaneous equipment rental c p 751 Automotive rental and leasing p p 752 Automotive parking c a9 a9 a9 a9 p p Professional sport 7941 teams/promoters p3 p3 p3 p Research, development and 873 testing pl pl p p Heavy equipment and truck * repair p Commercial/industrial accessory * uses p6 p6 p *I Helipad c c I c I p7 Ordinance NUO28'S,W2 io t Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Only SIC industry number 8732 and 8734 - Commercial economic, sociological and education research. 2: Subject to conditional approval when the tower or antenna support will exceed the height limits of the underlying zone. 3: Limited to office use. 4: Limited to SIC industry number 4215-Courier Services, except by air. 5: Accessory to a multifamily development of at least 12 units provided: a: The gross floor area in the self-service storage shall not exceed the total gross floor area of the multifamily dwellings. b: All outdoor lights shall be deflected, shaded, and focused downward away from all adjoining property. c: The use of the facility shall be limited to the occupant's household goods. d: No servicing or repair of motor vehicles, boats, trailers, lawn mowers of similar equipment. e: No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals. f: No residential occupancy of the storage units. g: No business activity other than rental of storage units by occupants. h: A resident shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval. 6: Storage limited to accessory storage of commodities sold at retail on the premises or materials used in the fabrication of commodities sold on the premises. 7: Limited to emergency medical evacuation sites in conjunction with police, fire, health or public service facility. 8: Subject to conditional approval when additional parking is required. 9: Subject to conditional approval within Downtown Overlay District, or if a parking structure is proposed 10: Permitted Uses within SIC code is subject to provisions identified below: a: SIC codes 7311-7313, 7319,7323,7336,7338, 7371-7376,7379 are Permitted uses, limited to office, desktop design, & desktop graphic work. All other activities must be off -site. No onsite retail sales. b: SIC Codes 7322, 7361, 7363, 7383, require administrative approval and are limited to office activities only. c: SIC Codes 7331, 7334, 7335, 7342, 7349, 7352, 7353, 7359, 7377, 7378, 7381, 7382, 7384, & 7389 are not permitted uses. Other SIC codes under the 73 general category, if not specifically identified in 10a or 10b above, are not permitted uses. Ordinance No. DWI to t 16.30.040 —Table 2 General services land uses (p=permitted, c=conditional, a=administrative permit required) w w L L V V E M N N N O 0 C L E E ry N C ma ma N N N '` d N a+ E D �, y a a a a M E c y E y o. Q K CL G K G 2 V O m w 0 V Personal services 72 General personal services p p c 7216 Dry cleaning plants P 7218 Industrial launderers p 7261 Funeral home/crematory c c c c c p3 Cemetery, columbarium or * mausoleum P * Daycare P p5 p5 p5 p5 p5 P p5 p p P * Veterinary clinic p4 p4 p4 753 Automotive repair Pl cl Pl c 754 Automotive service p c P * Marina -boat repair P P p 762/3 1 Misc repair-electrical/electronic P p p 764/9 Misc repair-furniture/welding I I I I c I I c I p 83 Social services p2 a p2 p p2 * Stable c c * Kennel or cattery c c c 866 Churches, synagogue, temple c c c c c p Health services 801-4 Office/patient clinic c p P p P Nursing and personal care 805 facilities c P p P 806 Hospital p 807 Medical/dental lab p p p p p 808-9 Miscellaneous health p c p p Education services Elementary or middle/junior * high c c c c p * Secondary or high school c c c c p * Vocational school c c c c P * Specialized instruction school c c c c p p p * School district support facility c c c c P c 8221-2 College/university c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except SIC industry group number 7534-Tire retreading, see manufacturing table. 2: Except SIC industry group # 835-Daycare and 836-Residential care - see residential land use table. 3: Only as an accessory to a cemetery. 4: No burning of refuse or dead animals is allowed. 5: If less than or equal to 6 children, the use is permitted. Otherwise an administrative permit is required. 6: No kennel operations allowed. Ordinance Nq 01rl'W2Tio t 16.30.050 — Table 3 Manufacturing land uses (p=permitted, c=conditional, a=administrative permit required) v ` w v v u u E u u m m ry m o i C C L J O O N C J W C O— a 06 d 1 m p LL ry N C m m m ma.0 a` N E .� c c c c c `y vi E J y v v a a a E N y 0 u E y z a z z z z U o w o l7 mJ U Manufacturing land uses 20 Food processing and kindred products cl cl p2,4 p2,4 p2 2082/5 Winery/brewery c c c c p 22 Textile mill products c 23 Apparel and other textile products c c p 24 Wood products except furniture c3 c3 p 25 Furniture and fixtures p4 p4 p 26 Paper and allied products c 27 Printing and publishing c c c c p a5 p p 28 Chemicals and allied products c Petroleum refining and related 29 products c 30 Rubber and misc plastics c 31 Leather and leather goods p4 p4 c Stone, clay, glass and concrete 32 products p4 p4 p 33 Primary metal industries c 34 Fabricated metal products p p 35 Industrial and commercial machinery p 351-56 Heavy machinery and equipment p 357 Computer and office equipment c c p Electronic and other electric 36 equipment c c p 374 Railroad equipment c 376 Guided missile and space vehicle parts p 379 Miscellaneous transportation vehicles p Measuring and controlling 38 instruments p p p 39 Miscellaneous light manufacturing c4 c4 p Motor vehicle and bicycle manufacturing c4 c4 p L28Movie Aircraft, ship and boat building c4 c4 p Tire retreading c production/distribution c a6 c p Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Limited to agricultural products grown on -site, provided structures and areas used for processing shall maintain a minimum distance of 75 feet from property lines adjoining residential zones. 2: Except slaughterhouses. 3: Limited to uses found in SIC industry groups 2434-Wood kitchen cabinets and 2431-Millwork (excluding planing mills). 4: Permitted if within enclosed buildings and as an accessory use to retail sales. Ordinance Nq 028'SM IT^ 2-to 5: Permitted Uses within SIC code is subject to provisions identified below: a: SIC Codes 2711, 2721, 2741, 2761, 2771, 2796 require administrative approval and are limited to office activities only. b: SIC Codes 2731, 2732, 2752, 2754, 2759, 2782, 2789, & 2791 are not permitted uses. Other SIC codes under the 27 general category, if not specifically identified in 5a above, are not permitted uses. 6: Permitted Uses within SIC code is subject to provisions identified below: a: SIC Code 7819 requires administrative approval and are limited to office activities only. b: SIC Codes 7812, 7822, 7829, 7832, 7833, & 7841 are not permitted uses. Other SIC codes under the 78 general category, if not specifically identified in 6a above, are not permitted uses. Ordinance Nq 0I gl,W Teo t 16.30.060 — Table 4 Recreational/cultural land uses (p=permitted, c=conditional, a=administrative permit required) E U U d u d u O t M M N Y N Y C v Y - C Y C J J = C Y J G1 O J V1 J O N O O A W O N "O C Y 'u E v ro 4!M m m A _ o a c a c v c v c c E c 0 , E v L v a y o. u t7 C O. K K K C U O m w 0 U Park and recreation * Park c c c c c c c c c c pl * Trail p p p p p p p p p p p * Campground c * Destination resort c c c * Marina p c p p * Recreational vehicle park c2 c2 Amusement/entertainment 7832 Theater p3 p3 p3 7833 Theater, drive-in c 79 Miscellaneous Amusements c c c 792 Plays/theatrical production c3,6 p3 p3 p3 793 Bowling center p c * Sports club c p p p p * Golf facility p4 7999 Golf driving range p4 Shooting range - guns and * firearms c * Archery range c c c * Adult entertainment facilities c3 * Amusement arcades p p c p Cultural 823 Library p5 p5 pS p5 pS p c p c p 841 Museum p5 p5 p5 p5 p5 p c p c p 842 Arboretum c p c p c p * Conference center c p p c p Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Lighting for structures and fields shall be shielded and directed away from residential areas. 2: Recreational vehicle parks are subject to the following conditions and limitations: a: The maximum length of stay of any unit shall not exceed 180 days unless otherwise stipulated; and b: The minimum distance between recreational vehicle pads shall be not less than 10 feet; and c: Sewage shall be disposed in a system approved by the Kitsap County Health Department. 3: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries or churches that conduct religious or educational classes for minors. 4: Lighting shall be shielded and directed away from residential areas. 5: Only as an accessory to an historic site or building. 6: Only of a limited outdoor nature such as an interpretive assembly or amphitheater. re . 16.30.070 —Table 5 Regional land uses (p=permitted, c=conditional, a=administrative permit required) v v w v u v u O L N C N C C C J E J M N C ti J � U O J v1 J O N O N v O N V CV — += 1 p LL a+ m I m m I m I is a` vNvi C v C v C a C v C a C a E N c y ) n u E w y v `m v W W W o J 25 E E o c7 a ¢ s U o m w 0 u Regional land uses * Jail c * Work release facility c Public agency animal control * facility c c * Public agency training facility c c * Hydroelectric generation facility c Non -hydroelectric generation * facility c c c c c c c c c c * Major communication facility c c c c c c c c c c * Earth station major c c c c c c c c c c * Energy resource recovery facility c c * Landfill c * Transfer station c p * Interim recycling facility p2 p2 p3 p2 * Wastewater treatment facility p * Municipal water production p * Airport/heliport c * Landing field c * Transit bus base c4 c c Transit park -and -ride lot c c p * School bus base rc4 c c 7941 Stadium/arena c 7948 Racetrack c * Fairground c 8422 Zoo/wildlife exhibit cl cl Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except arboretum - see Recreational/cultural land use table. 2: Limited to drop box facilities 3: All processing and storage of material shall be within enclosed buildings and excluding yard waste processing. 4: Bus storage only. Ordinance No�X02 IttMW210 A 16.30.080 —Table 6 Residential land uses (p=permitted, c=conditional, a=administrative permit required) w a D \ \ N N 17 C C J J .� C J O 0 J Ul J O O N O M o a - E � oo LL m m m m is Ta p N c E y v v v 72 L K 2 ¢ C K K V O m w 0 17 Vo Dwelling units * Singlefamilydetached p p p p p6 p * Single family attached p p p p * Multifamily p p c7 p * Mobile home park p * Houseboat c c c c Group residences * Senior citizen assisted a P p p c7 c Community residential facility- * CRF c c c atcc2 * CRF-prisoner release c * Dormitory Accessory uses * Residential living quarters a3 a3 a3Cp a a3pHome (cottage) industry a a a Aa a Home occupation a a a a Aa p Home profession p p p P p pp p Temporary Lodging 7011 Hotel/motel pl cl * Bed and breakfast c c c c c p a p Organization hotel/lodging tl 7041 houses c c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except bed and breakfast. 2: Only as an accessory to a school, college/university, church or conference center. 3: Accessory dwelling units: a: Only one accessory dwelling per lot; b: The primary residence or the accessory dwelling unit shall be owner occupied; c: The accessory dwelling unit shall not be larger than 50 percent of the living area of the primary residence; d: One additional off-street parking space is provided; and e: The accessory dwelling unit shall be converted to another permitted use or shall be removed if at least one of the units ceases to be owner occupied. 4: No customers are allowed on site. 5: In R20 zone, Home (cottage) Industry and Home Occupation are allowed in single-family detached homes only. 6: Permitted with approval of a Planned Residential Development. 7: Permitted as part of Mixed -Use development with approval of a Conditional Use Permit (Maximum R-20 density) Ordinance Nq, OMJT t 10 �xi 16.30.090—Table 7 Resource land uses (p=permitted, c=conditional, a=administrative permit required) v v w M v u pE m m � N � m C C J C J � _ N C N J N Gl O V1 O N O N v�iu — E I LL ♦+ N I f0 muN I I ma'� N p C. n � +• C N > Y C C C C C Ul E v�i 0 J E y v Y -,moo -,moo -,moo a a u (D K d K K K K V O M W O lJ Agriculture 01 Growing and harvesting crops p6 c c c 181 Greenhouses and nurseries c c5 c5 c5 Raising livestock and small 02 animals p7 c c c Forestry Growing & harvesting forest 08 products p *I Forest research p p2 p2 p2 Fish and wildiife management 921 Hatchery/fish preserve pl 273 Aquaculture pl * Wildlife shelters p c3 Mineral 10-13 Mineral extraction 14 Mining and quarrying c 32 Processing of minerals c4 c4 c Asphalt paving mixtures and 2951 blocks c p Resource acceory uses * Resoussrce accessory uses c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: May be further subject to the provisions of the Shoreline Management Program. 2: Only forest research conducted within an enclosed building. 3: Only within an approved enclosed or contained facility subject to appropriate county and state requirements. 4: Only artisan type activities, such as pottery or glass blowing, which are a secondary or accessory use to a retail activity. 5: As a secondary or accessory use to a residential activity without retail sales, where larger than 200 square feet. 6: May be further subject to the provisions of EPA and DOE in regard to the use of fertilizers, pesticides, and other chemicals. 7: May be further subject to the provisions of EPA and DOE in regard to the buffering of streams, wetlands, and other freshwater corridors. Ordinance NoM�2 to t 16.30.100 — Table 8 Retail land uses (p=permitted, c=conditional, a=administrative permit required) N N m `u w `u p N a+ a C ry y - C - C C J C J O m C v7 J W O J Lr! J O rj C1 N d O N C .um E O GO rl N W p N U v a a a a j, 3 y y .� w a u £ v l7 v W O. 2 K K w C o u m w o U Retail land uses 5271 Mobile home sales c p * Building, hardware and garden materials p pl p * Forest products sales c p * Department and variety stores p p 54 Food stores p p p2 * Agricultural crop sales c3 c3 * Motor vehicle dealers p c p 553 Auto supply store p4 p4 p 554 Gasoline service station p c p 555 Boat dealers p c p 56 Apparel and accessory stores p p * Furniture and home furnishing stores p p 58 Eating and drinking places p6 p6 a2,6 * Adult entertainment facilities p5,6 * Drug stores p p c2 592 Liquor stores p p 593 Used goods: antiques/secondhand shops p p 594 Miscellaneous shopping goods p p * Book, stationery, video and art supply p6 p6 * Monuments, tombstones and gravestones p p * Bulk retail p c * Auction houses c c c 598 Fuel dealers p7 p7 p * Pet shop p p p2, 6512 Banks and financial services p 8 p c Petroleum 2911 TPetroleum refining c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Only hardware and garden materials shall be permitted. 2: Limited to 25%of gross floor area up to 4,000 square feet. 3: a: Limited to products grown on -site; and b: Covered sales area shall not exceed 1,000 square feet. 4: Only the sale of new or reconditioned automobile supplies is permitted. 5: Excluding SIC industry number 5813-Drinking places. 6: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries, or churches that conduct religious or educational classes for minors. 7: Limited to office use. 8. Drive through not permitted NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held December 14, 2010. ORDINANCE NO. 028-10 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE PORT ORCHARD MUNICIPAL CODE TITLE 16 CHAPTERS 16.o8, 16.2o, AND 16.30 Copies of Ordinance No. 028-10 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. 028-10 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish: Port Orchard Independent December 24, 2010