011-10 - Ordinance - Amending Chapters 16.08 Definitions and 16.65 Sign RegulationsIntroduced by: Development Director
Requested by: Development Director
Drafted by: Development Director
Introduced: May 25, 2010
Adopted: June 22, 2010
ORDINANCE NO. oii-io
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING THE PORT ORCHARD
MUNICIPAL CODE TITLE 16, CHAPTERS 16.08,
DEFINITIONS AND 16.65 SIGN REGULATIONS.
WHEREAS, Port Orchard Municipal Code Chapter 16.65 Sign Regulations, "sign
code", regulates the application, processing, approval criteria, and development regulations of
signs within the Port Orchard Municipal Limits; and
WHEREAS, the City Council has undertaken a review of Port Orchard Municipal
Code Chapter 16.08 and Chapter16.65 in order to adequately consider and address the effects
of any new impacts upon the citizens of Port Orchard and to protect the health, safety, and
welfare of the community as required; and
WHEREAS, the planning department interprets the City's Sign Regulations as
prohibiting billboards whenever "off premises signs" are not permitted; and
WHEREAS, the staff has advised the City Council that members of the public have
expressed disagreement with the City staffs sign code interpretation; and
WHEREAS, the City Council wishes to confirm the staffs sing code interpretation
and declares that the sign code as it currently exists prohibits billboards when the billboard
also meets the definition of off -premises signs and are otherwise prohibited by the City's
zoning code; and
WHEREAS, the City Council wishes to ensure that there is no further confusion by
the public and has therefore directed staff to remove all references to billboards within the
sign code; and
WHEREAS, the Planning Commission held a meeting on June 21, 2010, which was
properly noticed and open to the public, to review a proposed amendment to the sign code
under Port Orchard Municipal Code Chapters 16.08 Definitions and 16.65 Signs Regulations;
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and
WHEREAS, at the meeting held on June 21, 2010 the Planning Commission reviewed
the proposed sign code changes; and
WHEREAS, after proper notice, the City Council held a public hearing, on June 22,
2olo and received comment from members of the public regarding the proposed changes to
Port Orchard Municipal Code Chapters 16.o8 and 16.65; and
WHEREAS, after considering input from the public, the City Council finds that the
proposed amendments to Port Orchard Municipal Code Chapter 16.o8 and Chapter 16.65
serves the public health, safety, and general welfare of the citizens of Port Orchard; and
WHEREAS, the City Council also finds that the proposed amendments to Port
Orchard Municipal Code Chapters 16.08 and Chapter 16.65 are consistent with the goals and
policies of the City's Comprehensive Plan and with the Growth Management Act, Chapter
36.7oA RCW; and
WHEREAS, the City Council adopts this Ordinance for the express purpose of
fostering its substantial government interest in eliminating hazards to pedestrians and
motorists brought about by distracting sign displays, and for the purpose of preserving and
improving the appearance of the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION i.The Port Orchard Municipal Code Title 16, Chapter 16.o8 is hereby
amended as shown in Exhibit A attached hereto and incorporated by this reference
SECTION 2. The Port Orchard Municipal Code Title 16, Chapter 16.65 is
hereby amended as shown in Exhibit B attached hereto and incorporated by this reference.
SECTION �. 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 a. 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.
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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 22nd day of June 2010.
ATTEST: t
*PatriciVSkUpatrick, CMC, City Clerk
APPROVED AS TO FORM:
Sponsored by:
c�
Gregory A. co y, Ci ttorney Fred Chang, Conn ' ember
EXHIBIT A
Chapter 16.08
Definitions
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16.08.001 "Definitions in general" All words used in the Land Use Regulatory Code shall have
their common definition, as used in context, unless a specific definition is set forth herein, or in the
International Building Code, as adopted. The definitions set forth in Chapter 16.08 shall control,
followed by the definitions in the International Building Code, and finally, the common definition.
(Ord. 046-07§2, 2007)
16.08.002 "Abandoned sign" shall mean: A sign that no longer identifies or advertises a bona
fide business, lessor, service, owner, product or activity, or for which no legal owner can be found.
(Ord. 046-07§2, 2007)
16.08.004 "A -board sign" see "Sandwich board/sidewalk sign" (Ord. 046-07§2, 2007)
16.08.006 "Accessory use or structure" shall mean: A use or a structure on the same lot with,
and of a nature customarily incidental and subordinate to, the principal use or structure. (Ord. 046-
07§2, 2007)
16.08.008 "Accessory use - commercial/industrial" shall mean:
(1) A use that is subordinate and incidental to a commercial or industrial use; including,
but not limited to employee exercise facilities, employee food service facilities, incidental storage of
raw materials and finished products sold or manufactured on -site, and business owner or caretaker
residence.
(2) Certain commercial/industrial accessory uses may be specifically defined in order for
them to be subject to special approval conditions. (Ord. 046-07§2, 2007)
16.08.010 "Accessory use — residential" shall mean:
(1) A use, structure, or activity that is subordinate and incidental to a residence including,
but not limited to, the following: Falloutibomb shelters, keeping household pets provided the
number, location, type or other characteristic does not adversely affect public health conditions and
is not accomplished for a commercial purpose as in a kennel, cattery, or stable, private gardens, pea -
patch farms, fish and wildlife ponds, on -site rental office, pools, private docks, piers, antennae or
satellite dish for private telecommunication services, storage of yard maintenance equipment, or
storage of private vehicles such as motor vehicles, boats, or planes.
(2) Certain residential accessory uses may be specifically defined in order for them to be
subject to special approval conditions. (Ord. 046-07§2, 2007)
16.08.012 "Accessory use - resource agricultural' shall mean:
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(1) A use, structure, or part of a structure, that is customarily subordinate and incidental
to an agricultural resource use including, but not limited to the housing of agricultural workers, or
storage of agricultural products or equipment used on -site.
(2) Certain resource agricultural accessory uses may be specifically defined in order for
them to be subject to special approval conditions. (Ord. 046-07§2, 2007)
16.08.014 "Act — GMA" shall mean: Growth Management Act (GMA), Chapter
36.70A RCW. (Ord. 046-07§2, 2007)
16.08.015 "Adequate" shall mean: For purposes of concurrency at or above level of service
standards specified in the currently adopted Comprehensive Plan. (Ord. 046-07§2, 2007)
16.08.016 "Adjacent" shall mean: For purposes of critical areas, within 500 feet of a critical
area. (Ord. 046-07§2, 2007)
16.08.018 "Adult entertainment merchandise" shall mean: Items designed or marketed for
use in conjunction with "specified sexual activities". (Ord. 046-07§2, 2007)
16.08.020 "Adult entertainment facility" shall mean:
(1) An enterprise whose predominant emphasis is involved in the selling, renting or
presenting for commercial purposes of adult entertainment merchandise including books,
magazines, motion pictures, films, video cassettes, or cable television for observation by patrons
therein. Examples of such establishments include, but are not limited to, adult book or video stores
and establishments offering panoramas, or peep shows. "Predominant emphasis" means fifty
percent (50%) or more of gross revenue generated or total volume of shelf space and display area
whichever is more restrictive.
(2) Any building or portion of a building which contains any exhibition or dance or other
live entertainment, performance, or activity distinguished or characterized by emphasis on the
depiction, simulation or relation to "specified sexual activities" as defined in POMC 16.08.726 for
observation by patrons therein. Examples of such establishments include, but are not limited to,
establishments offering peep shows, and/or topless or nude dancing. (Ord. 046-07§2, 2007)
16.08.022 "Aggrieved person" shall mean:
(1) The applicant and the owner of property to which the land use decision is directed;
or
(2) Another person aggrieved or adversely affected by the land use decision, or who
would be aggrieved or adversely affected by a reversal or modification of the land use decision. A
person is aggrieved or adversely affected within the meaning of this section only when all of the
following conditions are present:
(a) The land use decision has prejudiced or is likely to prejudice that person; a
That person's asserted interests are among those that the local jurisdiction was
required to consider when it made the land use decision;
(c) A judgment in favor of that person would substantially eliminate or redress the
prejudice to that person caused or likely to be caused by the land use decision; and
(d) The petitioner has exhausted his or her administrative remedies to the extent
required by law. (Ord. 046-07§2, 2007)
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16.08.024 " Agricultural crop sales" shall mean: The retail sale of fresh fruits, vegetables, flowers,
and other products grown on -site. This use is frequently found in roadside stands or self -pick
establishments and includes uses located in SIC major group and industry group numbers:
01-Agricultural production - crops, and
(2) 543-Fruit and vegetable stands. (Ord. 046-07§2, 2007)
16.08.026 " Agricultural processing" shall mean: Preparing harvested crops or products of animal
or poultry husbandry for marketing, transportation or further processing including but not limited to
SIC industry numbers:
(1) 0214-Goat milk production, wool production, etc; and
(2) 0241-Dairy farms and similar activities. (Ord. 046-07§2, 2007)
16.08.028 "Agricultural products" shall mean: Items resulting from the practice of agriculture,
including crops such as flowers, fruits, vegetables, grains, seed, feed, and plants, or animal products
such as eggs, milk, and meat, or animal byproducts such as fertilizer. (Ord. 046-07§2, 2007)
16.08.030 "Aircraft, ship, boat building, and repair" shall mean: The fabrication and/or
assembling of aircraft, ships or boats, and including uses located in SIC industry group numbers:
372-Aircraft and parts, and
(2) 373-Ship and boat building and repair. (Ord. 046-07§2, 2007)
16.08.032 "Airport/heliport" shall mean: Any runway, landing area or other facility which is
designed to be used by both public carriers and/or private aircraft for the landing and taking off of
aircraft, including:
(1) Taxiways,
(2) Aircraft storage and tie -down areas,
(3) Hangars,
(4) Servicing, and
(5) Passenger and air freight terminals. (Ord. 046-07§2, 2007).
16.08.034 "Alley" shall mean: A public or private access way, either unimproved or improved,
which provides a secondary means of vehicular access to abutting property. Alley width shall be
considered the distance between the alley right-of-way lines. (Ord. 046-07§2, 2007).
16.08.036 "Alteration" shall mean:
(1) A change or rearrangement of the structural parts or exit facilities, or an enlargement
by extending the sides or increasing the height or depth, or the moving from one location to
another.
(2) Any human -induced action which adversely impacts the existing condition of a
critical area. Alterations include but are not limited to grading, filling, dredging, draining,
channelizing, cutting, pruning, limbing or topping, clearing, relocating, or removing vegetation;
applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants
excepting stormwater; grazing domestic animals; paving, construction, application of gravel;
modifying for surface water management purposes; or any other human activity that adversely
impacts the existing vegetation, hydrology, wildlife or wildlife habitat. Alteration does not include
walking, passive recreation, fishing or other similar activities. (Ord. 046-07§2, 2007).
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16.08.038 "Amusement arcades" shall mean: A building or part of a building in which a total of
5 or more pinball machines, video games, or othersuch player -operator amusement devices in total
(excluding juke boxes or gambling -related machines) are operated as a commercial activity. (Ord.
046-07§2, 2007).
16.08.040 "Animal - small' shall mean: Animals, other than livestock or animals considered
predatory or wild, which are kept outside a dwelling unit all or part of the time. Animals considered
predatory or wild shall be considered small animals when they are taken into captivity for the
purposes of breeding, domestication, training, hunting or exhibition. (Ord. 046-07§2, 2007).
16.08.042 "Appeal' shall mean: To seek review of a decision or determination from a higher
authority. An appeal may be from a staff decision or determination to the examiner; or from an
examiner decision to the City Council; or from a City Council decision to the Superior Court or other
court of competent jurisdiction. (Ord. 046-07§2, 2007).
16.08.044 "Appellant' shall mean: The person who files an appeal from a decision of an
administrative official, the hearing examiner; or the City Council. Only a "party," "party of record,"
or "aggrieved person" as defined herein has standing to become an appellant. (Ord. 046-07§2, 2007).
16.08.048 "Applicant' shall mean: The property owner, or his designated agent, applying to the
City for a permit or other regulatory approval under the provisions of the Land Use Regulatory Code.
(Ord. 046-07§2, 2007).
16.08.050 "Application' shall mean: A completed application. An application is complete when
all applicable filing requirements are met, appropriate fees have been paid, and a determination of
completeness has been issued by the Department. See section 16.06.050 for further requirements.
(Ord. 046-07§2, 2007).
16.08.056 "As-builts" shall mean: Drawings stamped and signed by a professional engineer that
are in a format acceptable to the City which show the exact location, size, and dimensions of street
and utilities that have been installed, and if applicable, the location of the building footprint. (Ord.
046-07§2, 2007).
16.08.058 "Auction house" shall mean: An establishment where the property of others is sold
by a broker or auctioneer to persons who attend scheduled sales periods or events. (Ord. 046-07§2,
2007).
16.08.060 "Automobile - service station' shall mean:
(1) Any building, and the lot on which it is located, that is used for the sale of gasoline or
other motor fuels, oils, lubricants, and for the minor servicing of motor vehicles.
(2) Gasoline service stations primarily engaged in selling gasoline and lubricating oils;
frequently sell other merchandise, such as tires, batteries, and other automobile parts, or perform
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minor repair work. Classified by the principal use when combined with other activities, such as
grocery stores, convenience stores, or carwashes. (Ord. 046-07§2, 2007).
16.08.061 "Awning" shall mean: An architectural projection for a building that is wholly
supported by the building to which it is attached and comprised of a lightweight rigid skeleton
structure over which a covering is attached. (Ord. 046-07§2, 2007).
16.08.062 "Awning sign" shall mean: The use of an awning attached to a building for
advertisement, identification, or promotional purposes; provided that only that portion of the awning
which bears graphics, symbols and/or written copy shall be construed as being a sign. (Ord. 046-
07§2, 2007).
16.08.064 "Basal area" shall mean: The total area of the horizontal cross-section of a tree as
measured at a specified height above grade. (Ord. 046-07§2, 2007).
16.08.066 "Bed and breakfasts" shall mean: An owner -occupied dwelling or accessory
building within which no more than 7 bedrooms are available for paying guests on a daily basis.
(Ord. 046-07§2, 2007).
16.08.068 "Billboard" shall mean: an outdoor advertising sign or poster panel which advertises
products, businesses, and/or serves not connected with the site on which the sign is located. And
which are cumomarily leased for commercial purposes.
16.08.070 "Biologist" shall mean: A person who has earned a degree in biological sciences from
an accredited college or university, or a person who has equivalent education training and has
experience as a practicing biologist. (Ord. 046-07§2, 2007).
16.08.072 "Block" shall mean: A group of lots, tracts, or parcels within well-defined and fixed
boundaries. (Ord. 046-07§2, 2007).
16.08.074 "Book, Stationery, Video, and Art Supply Store" shall mean: An establishment
engaged in the retail sale of books and magazines, stationery, video, and art supplies, including uses
located in SIC industry numbers:
(1) 5942-Book stores,
(2) 5943-Stationery stores,
(3) 5999-Architectural supplies and artists' supply and materials stores, and
(4) 7841-Video tape rental. (Ord. 046-07§2, 2007).
16.08.076 "Board" shall mean: The Design Review Board ("DRB") which reviews development
applications in the Downtown Overlay District and makes recommendations to the
DevelopmentDirector or designee. Also see POMC Chapter 2.76. (Ord. 046-07§2, 2007).
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16.08.078 "Bond" shall mean: A form of security provided by a bonding company in an amount
and form satisfactory to the City Attorney, intended to insure that required improvements are
installed and/or maintained. (Ord. 046-07§2, 2007).
16.08.080 `Boundary line adjustment" shall mean: An adjustment of property lines made for
the purpose of adjusting boundary lines which does not create any additional lot, tract, parcel, site, or
division, nor create any lot tract, parcel, site or division which contains insufficient area and
dimensions to meet minimum requirements of the zoning, building, and other applicable ordinances
as further defined by RCW 58.17.040(6). (Ord. 046-07§2, 2007).
16.08.082 "Building" shall mean: Any structure used or intended for supporting or sheltering
any use or occupancy. (Ord. 046-07§2, 2007).
16.08.084 "Building area" shall mean: The area included within the surrounding interior walls
of a building or portion thereof, exclusive of courts. (Ord. 046-07§2, 2007).
16.08.086 "Building coverage" shall mean: Area of a lot that is covered by the total horizontal
surface area of the roof of a building. (Ord. 046-07§2, 2007).
16.08.088 "Building envelope" shall mean: Area of a lot that delineates the limits of where a
building may be placed on the lot. (Ord. 046-07§2, 2007).
16.08.090 "Building faFade" shall mean: That portion of any exterior elevation of a building
extending from the grade of the building to the top of the parapet wall or eaves, for the entire width
of the building elevation. (Ord. 046-07§2, 2007).
16.08.092 "Building, hardware, and garden materials store" shall mean: An establishment
engaged in selling lumber and other building materials, feed, and lawn and garden supplies;
including, but not limited to uses located in SIC major group number 52-Building materials,
hardware, garden supply, excluding mobile home dealers. (Ord. 046-07§2, 2007).
16.08.094 "Building height" shall mean: Except when otherwise noted in the 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 highest point of
the roof of the building. If the uphill elevation line is not level, the average uphill elevation shall
be the basis for the measurement.
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16.08.096 "Building official' shall mean: The City Employee designated as the Building
Official, or the consultant to the City who has been designated by contract as the Building Official.
(Ord. 046-07§2, 2007).
16.08.098 `Building permit" shall mean: The permit required for new construction and
additions pursuant to Title 15 of the Port Orchard Municipal Code (POMC). The term "building
permit', as used herein, shall not be deemed to include: permits required for temporary dwellings,
permits required for remodeling, rehabilitation, or other improvements to an existing structure or
rebuilding a damaged or destroyed structure, provided there is no increase in the applicable unit of
measure (for non-residential construction) or number of dwelling units (for residential construction)
resulting there from. (Ord. 046-07§2, 2007).
16.08.100 "Building setback" shall mean: A line which establishes a definite point beyond
which any vertical feature shall not extend unless authorized by POMC 16.40.120. (Ord. 046-07§2,
2007).
16.08.102 `Buffer" shall mean: A designated area adjacent to and a part of a steep slope or
landslide hazard area which protects slope stability, attenuation of surface water flows and landslide
hazards to the extent reasonably necessary to minimize risk to the critical areas, the site, and adjacent
properties; or a designated area adjacent to and a part of a stream or wetland that is an integral part of
the stream or wetland ecosystem. (Ord. 046-07§2, 2007).
16.08.104 'Bulk retail' shall mean: An establishment offering the sale of bulk goods to the
general public, including limited sales to wholesale customers. These establishments may include a
variety of lines of merchandise including food, building, hardware and garden materials, dry goods,
apparel and accessories, home furnishings, housewares, drugs, auto supplies, hobby, toys, games,
photographic, and electronics. (Ord. 046-07§2, 2007).
16.08.106 'Business or occupation of outdoor advertising" shall mean: The business of
renting or selling space by the owner of any billboard or outdoor advertising structure to any other
party for a valuable consideration. (Ord. 046-07§2, 2007).
16.08.108 "Campground" shall mean: An area of land on which accommodations for
temporary occupancy such as tents or recreational vehicles without hook-up facilities are permitted
and which is used primarily for recreational purposes on an extended basis over a season or year-
round and/or as a commercial activity. (Ord. 046-07§2, 2007).
16.08.110 "Canopy - vegetation" shall mean: The highest layer of vegetation within a forest
community. For "Building Canopy" see "Marquee," 16.08.458. (Ord. 046-07§2, 2007).
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16.08.112 "Capacity - residential holding" shall mean: The number of dwelling units and
persons per dwelling unit that a property, site, neighborhood or other area can accommodate at full or
built -out use, as allowed by this code. (Ord. 046-07§2, 2007).
16.08.114 "Capital facilities" shall mean: The facilities or improvements included in the City
of Port Orchard Capital Facilities Plan. (Ord. 046-07§2, 2007).
16.08.116 "Capital facilities plan' shall mean: The City of Port Orchard Capital Facilities Plan
element and the transportation element of the comprehensive plan adopted pursuant to the Revised
Code of Washington (RCW) Chapters 36.70A and 35.63, or any amendments thereof. (Ord. 046-
07§2, 2007).
16.08.118 "Cattery" shall mean: A place where adult cats are temporarily boarded for
compensation, whether or not for training. An adult cat is of either sex, altered or unaltered, that has
reached the age of 6 months. (Ord. 046-07§2, 2007).
16.08.120 "Cemetery, columbarium or mausoleum" shall mean: Land or structures used for
burial of the dead. For purposes of this code, pet cemeteries are considered a sub -classification of
this use. (Ord. 046-07§2, 2007).
16.08.122 "Changeable copy sign' shall mean: A sign whose information content can be
changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by
manual or electric means. A sign on which the message changes more than eight times within a day
is considered an electronic message sign. (Ord. 046-07§2, 2007).
16.08.124 "Church, synagogue or temple" shall mean: A place where religious services are
conducted, and including accessory uses in the primary or accessory buildings such as religious
education, reading rooms, assembly rooms, and residences for nuns and clergy, but excluding
facilities for training of religious orders; including uses located in SIC industry number 866. (Ord.
046-07§2, 2007).
16.08.126 "City" shall mean: The City of Port Orchard, Washington, and all the territory within
its existing and future corporate limits. (Ord. 046-07§2, 2007).
16.08.128 "City Clerk" shall mean: The City employee appointed to that position in accordance
with the provisions of POMC Title 2. (Ord. 046-07§2, 2007).
16.08.130 "City Engineer" shall mean: The City employee appointed to that position in
accordance with the provisions of POMC Title 2. (Ord. 046-07§2, 2007).
16.08.132 "Clearance of a sign' shall mean: The smallest vertical distance between the grade
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of the adjacent street or street curb and the lowest point of any sign, including framework and
embellishments, extending over that grade. (Ord. 046-07§2, 2007).
16.08.134 "Clearing" shall mean: The limbing, pruning, trimming, topping, cutting or removal
of duff vegetation or other organic matter by physical, mechanical, chemical or other means prior to
a site development. (Ord. 046-07§2, 2007).
16.08.136 "Clinic" see "health services" (Ord. 046-07§2, 2007)
16.08.138 "Closed record appeal' shall be as defined in 16.08.350. (Ord. 046-07§2, 2007).
16.08.140 "Commission" shall mean: The Planning Commission of the City of Port Orchard.
(Ord. 046-07§2, 2007).
16.08.142 "Communication facility — major" shall mean: A communication facility for
transmission and reception of:
(1) UHF and VHF television signals,
(2) FM or AM radio signals, or
(3) Cellular radio signals. (Ord. 046-07§2, 2007).
16.08.144 "Communication facility — minor" shall mean: A communication facility for
transmission and reception of two-way and/or citizen band ("CB") radio signals; point-to-point
microwave signals; signals through FM radio translators, or signals through FM radio boosters under
10 volts effective radiated power. (Ord. 046-07§2, 2007).
16.08.146 "Community park" shall mean: Those parks, trails, or recreation improvements,
designated in the City of Port Orchard parks and recreation plan and/or capital facilities plan. (Ord.
046-07§2, 2007).
16.08.148 "Community residential facility (CRF)" shall mean: Living quarters meeting
applicable federal and state standards that function as a single housekeeping unit and provide
supportive services for a group of individuals comprising more than a family (8 or more individuals
excluding staff), including but not limited to counseling, rehabilitation, and medical supervision,
including drug and alcohol detoxification but excluding prisoner release participants. (Ord. 046-
07§2, 2007).
16.08.150 "Community Residential Facility (CRF - prisoner release)" shall mean: Living
quarters meeting applicable federal and state standards that function as a single housekeeping unit
and provide supportive services for a group of individuals comprising more than a family (8 or more
individuals excluding staff), including but not limited to counseling, rehabilitation, and medical
supervision, excluding drug and alcohol detoxification, specifically for prisoner release participants
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and programs such as half -way houses. (Ord. 046-07§2, 2007).
16.08.151 "Complete application" see definitions of "Application' and POMC 16.06.050
(Ord. 046-07§2, 2007)
16.08.152 "Comprehensive plan' shall mean: Policies and proposals adopted by the Council
pursuant to RCW Chapters 36.70A and 35.63 to guide the development of the City and to promote
the general welfare. (Ord. 046-07§2, 2007).
16.08.154 "Comprehensive design plan' shall mean: The integration into one architectural
design of the building, landscaping, and signs. (Ord. 046-07§2, 2007).
16.08.156 "Concomitant agreement" shall mean: A contract duly executed and legally binding
between the City and the property owner that is made in conjunction with Council action. (Ord. 046-
07§2, 2007).
16.08.157 (1) "Concurrency" shall mean: Adequate public facilities meeting they level of
service standards set forth in the Comprehensive Plan are in place at the time a development permit
is issued, or when a development permit is issued subject to the determination that the necessary
facilities will be in place when the impacts of the development occur, or when improvements or
strategies are in place at the time of development, or when a financial commitment is in place to
complete the improvements or strategies within six years of the time of the development, as set forth
in the Comprehensive Plan.
(2) "Concurrency certificate" shall mean: The certificate issued by the City Engineer
that confirms concurrency has been met for a specified development or development activity, based
upon the completion of any listed improvements, and setting forth the length of time for which the
Certificate will remain valid. Such certificate, for development activity for which connection to the
public water, sanitary sewer, or storm sewer systems is required, shall also specify the volume of
capacity that is available and reserved for use by the development or development activity specified
in the certificate, and the duration of the reservation of capacity within the City" s utility system.
(3) "Concurrency management System" shall mean: The procedures and processes
utilized by the City to determine that development approvals, when issued, will not result in the
reduction of the level of service standards set forth in the Comprehensive Plan. (Ord. 046-07§2,
2007).
16.08.158 "Conditional use" shall mean: A use similar to the allowed uses in a given zone but
permitted only after review by the Hearing Examiner, or the City Council as the case may be, and the
granting of a conditional use permit imposing such performance standards as are necessary to make
the use compatible with other allowed uses in the same vicinity and zone. In the case of an
administrative conditional use permit, the granting authority shall be the Development Director.
(Ord. 046-07§2, 2007).
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16.08.160 "Conditional use permit" shall mean: The documented evidence of authority granted
by the City to locate a conditional use at a particular location. (Ord. 046-07§2, 2007).
16.08.161 "Conditional use permit -Administrative" shall mean: The documented evidence of
authority granted by the City Development Director to locate a conditional use at a particular
location.
16.08.162 "Conference center" shall mean: An establishment developed primarily as a meeting
facility, including facilities for recreation, overnight lodging, and related activities provided for
conference participants. (Ord. 046-07§2, 2007).
16.08.164 "Construction — new" shall mean: Structures for which the start of construction
commenced on or after the effective date of this code and preceding ordinances. (Ord. 046-07§2,
2007).
16.08.166 "Construction — start of" shall mean: Includes substantial improvement, and means
the date the building permit was issued, provided that the actual start of construction, repair,
reconstruction, placement or other improvement was within 180 days of the permit date. The actual
start means either the first footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does it include excavation for
basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds not occupied as
dwellings units or not part of the main structure. (Ord. 046-07§2, 2007).
16.08.168 "Cottage industry" see "home (cottage) industry" (Ord. 046-07§2, 2007)
16.08.170 "Council' or City Council shall mean: The City Council of the City of Port Orchard.
(Ord. 046-07§2, 2007).
16.08.172 "Courtyard" shall mean: A space, open and unobstructed to the sky, located at or
about grade level on a lot and bounded on 3 or more sides by walls of a building. (Ord. 046-07§2,
2007).
16.08.174 "Coverage — building" shall mean: The percentage of the area of a lot which is built
upon or used for structural purposes. (Ord. 046-07§2, 2007).
16.08.175 "Coverage — site" shall mean: The percentage of the area of a lot or site that is built
upon or covered over with impervious materials. (Ord. 046-07§2, 2007).
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16.08.176 "Critical areas" shall mean: Any of those areas in the City which are subject to
natural hazards or those lands with features which support unique, fragile, or valuable natural
resources including fish, wildlife, and other organism and their habitat and such resources which, in
their natural state carry, hold or purify water. Critical areas include the following landform features:
erosion hazard areas, landslide hazard areas, seismic hazard areas, steep slop hazard areas, wetlands,
streams, flood hazard areas, fish and wildlife habitat conservation areas, areas with a critical
recharging effect on aquifers used for potable water, and the adjoining protective buffers necessary to
protect the public health, safety and welfare. (Ord. 046-07§2, 2007).
16.08.177 "Critical area setback" shall mean: The areas delineated on a development site
proposal for a building permit or grading and clearing permit which contains wetlands, streams, steep
slopes hazard areas, landslide hazard areas, and required buffers. (Ord. 046-07§2, 2007).
16.08.178 "Critical facilities" shall mean: Those facilities necessary to protect the public health,
safety, and welfare which are defined under the occupancy categories of Essential Facilities,
Hazardous Facilities and Special Occupancy Structures in the Uniform Building Code, Table Number
23-K (1988). These facilities include but are not limited to schools, hospitals, police stations, fire
departments, and other emergency response facilities, and nursing homes. Critical facilities also
include sites of hazardous materials storage or production. (Ord. 046-07§2, 2007).
16.08.180 "Cul de sac" shall mean: A road closed at one end by a circular area of sufficient size
for turning large emergency response vehicles. (Ord. 046-07§2, 2007).
16.08.182 "Custodian residential unit' see "accessory use - commercial' (Ord. 046-07§2,
2007)
16.08.184 "Daycare" shall mean: An establishment for group care of non-resident adult or children.
Daycare shall include, but not be limited to, SIC industry number 835-Child daycare services, SIC
industry number 8322-Adult daycare centers and the following:
(1) Adult daycare, such as adult day health centers or social daycare as defined by the
Washington State Department of Social & Health Services,
(2) Nursery schools for children under minimum age for education in public schools, #
Privately conducted kindergartens or pre -kindergarten when not a part of a public or
parochial school, and
(4) Programs covering before and after -school care for school children. (Ord.046-07§2,
2007).
16.08.186 "Dedication" shall mean: The appropriation of land by its ownerfor general or public
use, reserving no special rights to themselves. The intention to dedicate by the owner shall be
evidenced by the presenting for filing of a final plat or short plat showing the dedication thereon;
and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the
appropriate governmental unit. (Ord. 046-07§2, 2007).
16.08.187 "Density"
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a. "Density (Gross)" Shall mean: The acreage of a lot or parcel multiplied by the stated
permitted allowed units per acre.
b. "Density (Net)' shall mean: The acreage of a lot or parcel minus critical areas multiplied by
the density credits as described in POMC 16.40.060.
16.08.188 "Department' unless otherwise specified, shall mean: The Planning Department for
the City of Port Orchard. (Ord. 046-07§2, 2007).
16.08.190 "Department and variety store" shall mean: An establishment engaged in the retail
sale of a variety of lines of merchandise, such as dry goods, apparel and accessories, home
furnishings, housewares, and including uses located in SIC major group and industry numbers:
(1) 53-General merchandise,
(2) 5947-Gift, novelty, and souvenir shops, and
(3) 5948-Luggage and leather goods stores. (Ord. 046-07§2, 2007).
16.08.193 "Design Review Board" shall mean: The advisory board that makes design
recommendations to the City Council on Downtown Overlay District applications; see POMC
16.20.229. (Ord. 046-07§2, 2007).
16.08.194 "Destination resort" shall mean: An establishment for resource -based recreation and
intended to utilize outdoor recreational opportunities, including related services, which may include
food, overnight lodging, equipment rentals, entertainment and other conveniences for guests of the
resort. (Ord. 046-07§2, 2007).
16.08.196 "Developer" shall mean: The person or entity that owns or holds purchase options or
other development control over property for which development activity is proposed. (Ord. 046-
07§2, 2007).
16.08.198 "Development' shall mean: Any proposed land use, zoning or rezoning,
comprehensive plan amendment, annexation, subdivision, short subdivision, planned residential
development, building permit, binding site plan or any other action permitted or regulated by the
Port Orchard Municipal Code that creates additional demand and need for public facilities. (Ord.
046-07§2, 2007).
16.08.200 "Development activity" shall mean: Any construction; site preparation; expansion of a
building, structure, or use; any change in use of a building or structure; or any change in the use of
land that creates additional demand and need for public facilities. (Ord. 046-07§2, 2007).
16.08.202 "Development agreement' shall mean: A recorded agreement between a
development applicant and Port Orchard which incorporates the site plans, development
standards, and other features of a development proposal, which agreement is executed and
recorded as part of the a property -specific approval. (Ord. 046-07§2, 2007).
16.08.204 "Development approval authority" shall mean: The City official or tribunal having
code authority to approve a development. (Ord. 046-07§2, 2007).
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16.08.206 "Development approval' shall mean: Any written authorization from the City which
authorizes the commencement of a development activity. (Ord. 046-07§2, 2007).
16.08.210 "Development site" shall mean: The legal boundaries of the parcel or parcels of land
for which an applicant has or should have applied for authority from Port Orchard to carry out a
development activity. (Ord. 046-07§2, 2007).
16.08.212 "Directional sign" shall mean: A single -faced or double-faced sign not exceeding two
feet by three feet (six square feet) in surface area per side designed to guide or direct pedestrian or
vehicular traffic to an area, place or convenience on the premises upon which the sign is located,
i.e., entrance and exit signs and/or other similarly worded signs when used for the sole purpose of
controlling mobile and pedestrian traffic. (Ord. 046-07§2, 2007).
16.08.214 "Director" unless otherwise specified shall mean: The Development Director for the
City of Port Orchard, or his or her designee. (Ord. 046-07§2, 2007).
16.08.216 "Dock" shall mean: A floating or fixed platform used as a landing place for marine
transport or for recreational purposes, and attached to the shore or a fixed pier by a loosely
coupled ramp. (Ord. 046-07§2, 2007).
16.08.218 "Dormitory" shall mean: A residential building that provides sleeping quarters, but
not separate dwelling units, and may include common dining, cooking, and recreation or bathing
facilities. (Ord. 046-07§2, 2007).
16.08.220 "Double-faced sign" shall mean: A sign that also has advertising copy on the
opposite side of a single display surface or sign structure. (Ord. 046-07§2, 2007).
16.08.222 "Downtown marquee" shall mean: The marquee located at the 700 and 800 blocks of
Bay Street and adjacent streets and was constructed with funds from LID No. 65. (Ord. 046-07§2,
2007).
16.08.224 "Drop box facility" shall mean: A facility used for receiving solid waste and recyclable
from off -site sources into detachable solid waste containers, including the adjacent areas necessary
for entrance and exit roads, unloading, and vehicle turnaround areas. Drop box facilities normally
service the general public with loose loads and may also include containers for separated
recyclable. (Ord. 046-07§2, 2007).
16.08.226 "Drug store" shall mean: An establishment engaged in the retail sale of prescription
drugs, nonprescription medicines, cosmetics, and related supplies, including uses located in SIC
industry group and numbers:
(1) 591-Drug stores and proprietary stores,
(2) 5993-Tobacco stores and stands, and
(3) 5999-Cosmetics stores. (Ord. 046-07§2, 2007).
16.08.228 "Dwelling unit' shall mean: One or more rooms designed for occupancy by a person
or family for living and sleeping purposes, containing kitchen facilities, lavatory, and closet, and
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rooms with internal accessibility, for use solely by the dwelling's occupant; including but not limited
to bachelor, efficiency, and studio apartments, modular, and manufactured homes. (Ord. 046-07§2,
2007).
16.08.230 "Dwelling unit -accessory" shall mean: A separate, complete dwelling unit attached
to or contained within the structure of the primary dwelling; or contained within a separate structure
that is accessory to the primary dwelling unit on the premises. (Ord. 046-07§2, 2007).
16.08.232 "Dwelling unit - condominium" shall mean: A residential development or structure
designed for common ownership by more than 1 family household that is built or developed in
combination with other residential structures. Each dwelling unit in the development or structure is
built exclusively for occupancy by a single family with separate utility services and no other uses
except accessory activities. However, a portion of or all of the unit owners may share title and
responsibilities for common property, site, and/or building improvements. Condominiums may be
designed and developed about every type of residential structure including single family detached,
single family attached, and multifamily. (Ord. 046-07§2, 2007).
16.08.234 "Dwelling unit - group: senior citizen assisted" shall mean: A building containing 2
or more dwelling units restricted to occupancy by senior citizens, and including, but not limited
to the following support services: food preparation and dining areas; group activity areas;
medical supervision; attendant staff living quarters; and similar activities. (Ord. 046-07§2, 2007).
16.08.236 "Dwelling unit- manufactured home" shall mean:
A single family residence constructed in accordance with the US Department of Housing & Urban
Development (HUD) requirements for manufactured housing and bearing the appropriate insignia
indicating such compliance. Such structures shall meet the following requirements:
(1) Is comprised of at least two fully enclosed parallel sections each of not less than
twelve feet wide by thirty-six feet long; and
(2) Was originally constructed with and now has a composition or wood shake or
shingle, coated metal, or similar roof of not less than 3:12 pitch; and
(3) Has exterior siding similar in appearance to siding materials commonly used on
conventional site -built Uniform Building Code single-family residences (no bare or painted metal);
and
(4) Must be permanently installed and affixed to a foundation system in accordance
with the Washington Administrative Code 296-150B as administered by the State Department of
Labor & Industries. Such installations shall include approved connections to all appropriate utilities;
and
(5) Must meet the thermal equivalent of not less than the State Energy Code and
therefore be classified as a "Super Good Sense Home". (Ord. 046-07§2, 2007).
16.08.238 "Dwelling unit - mobile home" shall mean: A single family residence transportable in
one or more sections that are eight feet or more in width and thirty-two feet or more in length, built
on a permanent chassis, designed to be used as a permanent dwelling and constructed after June
15, 1976. Mobile homes do not include recreational vehicles. (Ord. 046-07§2, 2007).
16.08.240 "Dwelling unit - modular home" shall mean: A structure constructed in a factory in
accordance with the Uniform Building Code and bearing the appropriate insignia indicating such
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compliance. This definition includes "pre -fabricated", "panelized", and "factory built" homes. Such
structures shall meet the following requirements:
(1) Is comprised of at least two fully enclosed parallel sections each of not less than
twelve feet wide by thirty-six feet long; and
(2) Was originally constructed with and now has a composition or wood shake orshingle,
coated metal, or similar roof of not less than 3:12 pitch; and
(3) Has exterior siding similar in appearance to siding materials commonly used on
conventional site -built Uniform Building Code single-family residences (no bare or painted metal);
and
(4) Be permanently installed and affixed to a foundation system in accordance with the
Washington Administrative Code 296-150B as administered by the State Department of Labor &
Industries. Such installations shall include approved connections to all appropriate utilities. (Ord. 046-
07§2, 2007).
16.08.242 "Dwelling unit - multifamily" shall mean: A residential structure designed for
occupancy by more than 1 family household that is built in combination with other residential
structures. Each dwelling unit in the structure is built exclusively for occupancy by a single family with
no other uses except accessory activities. However, a multifamily structure may share 1 or more
common walls and stack units on multiple floors. Multifamily residential structures may be clustered
on a site, located on a lot line (zero -lot line), and include stacked multiplex, garden apartment, and
other prototypes. (Ord. 046-07§2, 2007).
16.08.244 "Dwelling unit - mixed use" shall mean: A building containing 2 or more dwelling units
which may be organized in stacked arrangements (multiple floors), or in buildings with nonresidential
uses, such as a mixed use structure with retail, office or other uses on the ground or lower floors. (Ord.
046-07§2, 2007).
16.08.246 "Dwelling unit - single family attached" shall mean:
A building containing 1 dwelling unit that occupies space from the ground to the roof, and is
attached to 1 or more other townhouse dwellings by common walls which may be located on lot
lines. May include buildings with a varying number of units that share one or more sidewalls such as
patio house, atrium house, duplex, quadplex, and multiplex or townhouse. A duplex may be two
stacked units. (Ord. 046-07§2, 2007).
16.08.248 "Dwelling unit - Single Family Detached" shall mean: A detached building containing
1 dwelling unit. The unit is built exclusively for occupancy by a single family with no other uses except
accessory activities between the lowest or ground floor level and the upper level or roof. This
includes stick -built, manufactured and modular homes. May be arranged in a variety of lot
configurations including zero lot line, village, and cluster. (Ord. 046-07§2, 2007).
16.08.250 "Easement' shall mean: A right granted by the owner of land to another party for
specific limited use of that land. (Ord. 046-07§2, 2007).
16.08.252 "Earth station - major" shall mean: A communication facility that transmits and/or
receives signals to and from an orbiting satellite using satellite dish antennas that are larger than 12
feet in diameter. (Ord. 046-07§2, 2007).
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16.08.254 "Energy resource recovery facility" shall mean: An establishment for recovery of
energy in a usable form from mass burning or refuse -derived fuel incineration, pyrolysis or any other
means of using the heat of combustion of solid waste. (Ord. 046-07§2, 2007).
16.08.256 "Elderly' shall mean: A person aged 62 1 /2 or older. (Ord. 046-07§2, 2007).
16.08.258 "Electrical conversion substation" shall mean: A site containing equipment for the
conversion of high voltage electrical power transported through transmission lines into lower
voltages transported through distribution lines and suitable for individual users. (Ord.046-07§2, 2007).
16.08.260 "Electrical sign" shall mean: A sign structure in which electrical wiring, connections, or
fixtures are used. (Ord. 046-07§2, 2007).
16.08.262 "Electronic message sign" shall mean: A sign designed to allow changes in the sign
graphics electronically. Message must remain visible for five seconds before a new message
appears. (Ord. 046-07§2, 2007).
16.08.264 "Engineering drawings" shall mean: Diagrams that provide plans, profiles, and cross -
sections of utilities and roads to be installed, prepared, and certified by a licensed civil engineer.
(Ord. 046-07§2, 2007).
16.08.266 "Enhancement' shall mean: An action which increases the functions and values of a
stream, wetland or other critical area or buffer. (Ord. 046-07§2, 2007).
16.08.268 "Entryway sign" shall mean: A City -owned sign designed to advertise the City and
aspects of the City, to include, but not be limited to, public buildings, activities, and businesses. (Ord.
046-07§2, 2007).
16.08.270 "Equipment - heavy' shall mean: High -capacity mechanical devices for moving
earth or other materials, and mobile power units including, but not limited to:
(1) Carryalls,
(2) Graders,
(3) Loading and unloading devices,
(4) Cranes,
(5) Drag lines,
(6) Trench diggers,
(7) Tractors,
(8) Augers,
(9) Bulldozers,
(10) Concrete mixers and conveyers,
(11) Harvesters,
(12) Combines, or
(13) Other major agricultural equipment and similar devices operated by mechanical
power as distinguished from manpower. (Ord. 046-07§2, 2007).
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16.08.272 "Equipment - light" shall mean: Such construction machinery as chain saws,
wheelbarrows, post -hold diggers and all hand-held tools. (Ord. 046-07§2, 2007).
16.08.274 "Erosion" shall mean: The process by which soil particles are mobilized and
transported by natural agents such as wind, rain splash, frost action or surface water flow. (Ord. 046-
07§2, 2007).
16.06.276 "Evergreen" shall mean: A plant species with foliage that persists and remains green
year round. (Ord. 046-07§2, 2007).
16.08.278 "Evidence" shall mean: Testimony, exhibits, reports, maps, correspondence, and other
documents that are admitted into the official record during an open record hearing. See also, "New
evidence," herein. (Ord. 046-07§2, 2007).
16.08.280 "Examiner" shall mean: The regular hearing examiner or hearing examiner pro tern of
the City of Port Orchard. (Ord. 046-07§2, 2007).
16.08.281 "Exempt development" shall mean: For purposes of concurrency, a proposed
development or development activity that has been determined by standards adopted in the Land
Use Code to be of such a low intensity as to have a de minimis effect upon the level of service
standards set forth in the Comprehensive Plan and thus no concurrency certificate is required. Any
application which, if approved, will require the connection to the public water, sanitary sewer, or
storm water system must obtain a Concurrency Certificate as a condition of approval. Any
application, the approval of which will result in development generating less than 12 average daily
trips shall be deemed exempt from obtaining a Concurrency Certificate for transportation. (Ord.
046-07§2, 2007).
16.08.282 "Fabric shop" shall mean: An establishment engaged in the retail of sewing supplies
and accessories, including uses located in SIC industry numbers:
(1) 5949-Sewing, needlework, and piece goods stores, and
(2) Awning shops, banner shops, and flag shops found in 5999. (Ord. 046-07§2, 2007).
16.08.284 "Facade" shall mean: The entire building front or street wall face, including grade, to
the top of the parapet or eaves and the entire width of the building elevation. (Ord. 046-07§2, 2007).
16.08.286 "Fairground" shall mean: A site permanently designated and improved for holding a
county fair, as provided in RCW Chapters 15.76 and 36.37, or for holding similar events, including but
not limited to:
(1) Carnivals,
(2) Circuses,
(3) Expositions,
(4) Animal shows, and
(5) Exhibitions and/or demonstrations of farm and home products with accompanying
entertainment and amusements. (Ord. 046-07§2, 2007).
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16.08.288 "Factory -built commercial building" shall mean: Any structure that is either entirely or
substantially prefabricated or assembled at a place other than a building site; and designed or used
for nonresidential human occupancy. (Ord. 046-07§2, 2007).
16.08.290 "Family" shall mean: An individual; 2 or more persons related by blood or marriage; a
group of 8 or fewer residents, who are not related by blood or marriage, living together as a single
housekeeping unit; For purposes of this definition, minors living with parents shall not be counted as
part of the maximum number of residents. (Ord. 046-07§2, 2007).
16.08.292 "Family - foster" shall mean: A family wherein 1 or more individuals is provided with
room, board, ordinary care, and supervision in a family environment, and where the
parent/operator is licensed by the State and is not legally related to the individuals supervised. (Ord.
046-07§2,2007).
16.08.293 "Fee" or "filing fee" shall mean: The fee for filing an application, as said fee is
established annually by resolution of the City Council. Unless otherwise indicated, all fees must be
paid at the time the application is submitted to the City. (Ord. 046-07§2, 2007).
16.08.294 "Feed store" shall mean: An establishment engaged in retail sale of supplies directly
related to the day to day activities of agricultural production. (Ord. 046-07§2, 2007).
16.08.296 "Fence" shall mean: A barrier for the purpose of enclosing space or separating lots,
composed of: Wood, metal or concrete posts connected by boards, rails, panels, wire, mesh,
masonry, or concrete -- excluding retaining walls (Ord. 046-07§2, 2007).
16.08.293 "Final action" shall mean: The official action of a City official, hearing examiner, or
City Council, forwhich there is no further appeal opportunity within the City government. (Ord. 046-
07§2, 2007).
16.08.298 "Flashing sign" shall mean: A sign or a portion thereof which changes light intensity or
switches on and off in a constant, random, or irregular pattern or contains motion or the optical
illusion of motion by use of electrical energy. Electronic message signs shall not be considered
flashing signs. (Ord. 046-07§2, 2007).
16.08.300 "Floor - lowest" shall mean: The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building
access or storage, in an area other than basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the applicable
non -elevation design requirements of this code. (Ord. 046-07§2, 2007).
16.08.302 "Florist shop" shall mean: An establishment engaged in the retail sale of flowers and
plants, including uses located in SIC industry numbers:
(1) 5992-Florists, and
(2) 5999-Artificial flowers. (Ord. 046-07§2, 2007).
16.08.304 "Forest land" shall mean: Land devoted primarily to growing and harvesting forest
and timber products and designated as a forest production district. (Ord. 046-07§2, 2007).
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16.08.306 "Forest practice" shall mean: Any activity regulated by the Washington State
Department of Natural Resources in Washington Administrative Code (WAC) 222 or the Revised
Code of Washington (RCW) 79.06 for which a forest practice permit is required, together with:
(1) Fire prevention, detection, and suppression; and
(2) Slash burning or removal. (Ord. 046-07§2, 2007).
16.08.308 "Forest product sales" shall mean: The sale of goods produced, extracted,
consumed, gathered or harvested from a forest including, but not limited to:
(1)
Trees,
(2)
Logs,
(3)
Fuel wood,
(4)
Cones,
(5)
Christmas trees,
(6)
Berries,
(7)
Herbs, or
(8)
Mushrooms. (Ord. 046-07§2, 2007).
16.08.310 "Forest research" shall mean: The performance of scientific studies relating to botany,
hydrology, silviculture, biology, and other branches of science in relation to management of forest
lands, including but not limited to SIC industry numbers:
(1) 8731-Commercial physical and biological research,
(2) 8733-Noncommercial research organizations, and
(3) 8734-Testing laboratories. (Ord. 046-07§2, 2007).
16.08.312 "Freestanding sign" shall mean: A permanent pole, ground, or monument sign
attached to the ground and supported by uprights or braces placed on or in the ground and not
attached to any building. (Ord. 046-07§2, 2007).
16.08.314 "Furniture and home furnishings store" shall mean: An establishment engaged in the
retail sale of household furniture and furnishings for the home including uses located in SIC major
group and industry numbers: 57-Home furniture, furnishings, and equipment stores. (Ord. 046-07§2,
2007).
16.08.316 "Gas station price sign" shall mean: A sign advertising the price of motor fuel and
contains no other business or product advertising other than the business logo. (Ord. 046-07§2,2007).
16.08.318 "General business service" shall mean: An establishment engaged in providing
services to businesses or individuals, with no outdoor storage orfabrication, including uses located in
SIC major group numbers:
(1) 60-Depository institutions,
(2) 61-Nondepository credit institutions,
(3) 62-Security and commodity brokers, dealers, exchanges, and services,
(4) 653-Real estate agents and managers,
(5) 7299-Miscellaneous personal services, not elsewhere classified,
(6) 73-Business services, except industry group and industry numbers 7312-Outdoor
advertising services,
Ordinance No. oil-10
(7) 35-Miscellaneous equipment rental and leasing, and
(8) 86-Membership organizations, including administrative offices of organized
religions found in 8661, but excluding churches and places of worship. (Ord. 046-07§2, 2007).
16.08.320 "Geologist' shall mean: A person who has earned a degree in geology from an
accredited college or university, or a person who has equivalent educational training and has at
least 4 years of professional experience as a practicing geologist. (Ord. 046-07§2, 2007).
16.08.322 "Geotechnical engineer" shall mean A practicing geotechnical/civil engineer
licensed as a professional civil engineer by the State of Washington who has at least 4 years of
professional employment as a geotechnical engineer with experience in landslide evaluation. (Ord.
046-07§2, 2007).
16.08.324 "Growth Management Act -GMA" shall mean: The Growth Management Act (GMA),
Chapter 17, Law of 1990, 1st Extended Session, Revised Code of Washington (RCW) Chapter36.70A
et sequitur, and Chapter 32 Laws of 1991, lst Special Session, Revised Code of Washington (RCW)
82.02.050 et sequitur, as now in existence or hereafter amended. (Ord. 046-07§2, 2007).
16.08.326 "Golf facility" shall mean: A recreational facility, under public or private ownership,
designed and developed for uses including, but not limited to:
(1) A golf course;
(2) Driving range;
(3) Pro shops;
(4) Caddyshack buildings;
(5) Restaurants;
(6) Office and meeting rooms; and
(7) Related storage facilities. (Ord. 046-07§2, 2007).
16.08.328 "Grading" shall mean: Any excavation, filling and/or removal of
vegetation/ground cover typically done in preparation of site development or landscaping.
(Ord. 046-07§2, 2007).
16.08.330 "Grazing area' shall mean: Any open land area used to pasture livestock in which
forage is maintained at an average height of 3 inches over 80 percent of the area. (Ord. 046-07§2,
2007).
16.08.332 "Ground sign" shall mean: A freestanding sign that is less than five feet in height. (Ord.
046-07§2, 2007).
16.08.334 "Groundcover" shall mean: Living plants designed to grow low to the ground
(generally 1 foot or less) and intended to stabilize soils and protect against erosion. (Ord. 046-07§2,
2007).
16.08.336 "Hazardous household substance" shall mean: A substance as defined in RCW
70.105.010. (Ord. 046-07§2, 2007).
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16.08.338 "Hazardous waste" shall mean: All dangerous and extremely hazardous waste as
defined in RCW 70.105.010(15), or its successor, except for moderate risk waste as set forth in RCW
70.105.010(17), or its successor. (Ord. 046-07§2, 2007).
16.08.340 "Hazardous waste - storage" shall mean: The holding of hazardous waste for a
temporary period, as regulated by the State Dangerous Waste Regulations, Chapter 173-303 WAC,
or its successor. (Ord. 046-07§2, 2007).
16.08.342 "Hazardous waste - treatment" shall mean: The physical, chemical, or biological
processing of hazardous waste for the purpose of rendering wastes non -dangerous or less
dangerous, safer for transport, amenable for storage, or reduced in volume, as regulated by the
State Dangerous Waste Regulations Chapter 173-303 WAC or its successor. (Ord. 046-07§2, 2007).
16.08.344 "Hazardous waste - treatment and storage facility off -site" shall mean: Treatment and
storage facilities that treat and store hazardous wastes generated on a property other than those
on which the off -site facilities are located. (Ord. 046-07§2, 2007).
16.08.346 "Hazardous waste - treatment and storage facility on -site" shall mean: Treatment and
storage facilities that treat and store hazardous wastes generated on the same property. (Ord.046-
07§2, 2007).
16.08.348 "Health services - clinic" shall mean: Establishments primarily engaged in furnishing
medical, surgical, and other health services to persons. Establishments or associations or groups,
such as Health Maintenance Organizations (HMOs), primarily engaged in providing medical or other
health services to members are included except those which limit their services to insurance.
Includes hospices, offices and clinics for doctors of medicine, dentists, doctors or osteopathy,
chiropractors, optometrists, podiatrists, and health practitioners not classified elsewhere. (Ord. 046-
07§2, 2007).
16.08.350 "Hearing" shall mean: One of the following meanings, as used in a particular context:
(1) "Open record hearing" means a public hearing for the purpose of taking evidence
through testimony and admission of exhibits, reports and other documents in order to make a
recommendation or issue a decision on the matter that is the subject of the hearing. Such evidence,
if admitted, will become part of the official record of the matter. An open -record hearing shall be
conducted on an appeal if no other open record hearing has been previously held on the project
permit.
(2) "Open record pre -decision hearing" means a public hearing held prior to a decision
on a matter, and for the purpose of a recommendation by the Hearing Examiner to the Council on
the matter. No open record pre -decision hearings will be held on any matters relating to
environmental review and decision -making where state law, pursuant to Ch. 43.21 C RCW and Ch.
36.70B RCW, as written or hereafter amended, requires appeals of environmental review to be
considered together with the underlying governmental action and limits appeals of such matters to
one open record hearing and one closed record review.
(3) "Closed record public hearing" means a public hearing before the City Council
following a open record pre -decision hearing, in which no new evidence is considered or allowed.
Oral argument shall be permitted in favor or against the recommendation of the Hearing Examiner;
however such oral arguments shall be strictly limited in accordance with this provision.
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(4) "Closed record appeal hearing" means a hearing held pursuant to POMC 2.76.150.
16.08.352 "Heavy equipment repair" shall mean: The repair and maintenance of self -powered,
self-propelled or towed mechanical devices, and equipment and vehicles used for commercial
purposes, excluding:
(1) Automobiles,
(2) Recreational vehicles, and
(3) Boats and trailers, and including, but not limited to:
(a) Tandem axle trucks,
(b) Graders,
(c) Backhoes,
(d) Tractor trailers,
(e) Cranes, and
(f) Lifts. (Ord. 046-07§2, 2007).
16.08.354 "Helipad" shall mean: A landing area designed for the landing of helicopters,
including associated parking, lighting, and related safety/security improvements. (Ord. 046-07§2,
2007).
16.08.356 "Hobby, toy, and game shops" shall mean: An establishment engaged in the retail
sale of toys, games, hobby, and craft kits, including uses located in SIC industry numbers:
(1) 5945-Hobby, toy, and game shops, and
(2) 5999-Autograph and philatelist supply stores, coin shops, and stamps, philatelist -retail
(except mail order). (Ord. 046-07§2, 2007).
16.08.358 "Home (cottage) industry" shall mean: A limited -scale activity undertaken for
financial gain with some on -site service or sales or fabrication, which occurs in a dwelling unit or
residential accessory building, or in a barn or other resource accessory building and is subordinate to
the primary use of the premises as a residence or farm in accordance with the provisions of Chapter
16.38 POMC. (Ord. 046-07§2, 2007).
16.08.360 "Home - manufactured" shall mean: A single family residence constructed in
accordance with the US Department of Housing & Urban Development (HUD) requirements for
manufactured housing and bearing the appropriate insignia indicating such compliance. Such
structures shall meet the following requirements:
(1) Is comprised of at least two fully enclosed parallel sections each of not less than
twelve feet wide by thirty-six feet long; and
(2) Was originally constructed with and now has a composition or wood shake or shingle,
coated metal, or similar roof of not less than 3:12 pitch; and
(3) Has exterior siding similar in appearance to siding materials commonly used on
conventional site -built Uniform Building Code single-family residences (no bare or painted metal);
and
(4) Must be permanently installed and affixed to a foundation system in accordance
with the Washington Administrative Code 296-150B as administered by the State Department of
Labor & Industries. Such installations shall include approved connections to all appropriate utilities;
and
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(5) Must meet the thermal equivalent of not less than the State Energy Code and
therefore be classified as a "Super Good Sense Home". (Ord. 046-07§2, 2007).
16.08.362 "Home - mobile" shall mean: A single family residence transportable in one or more
sections that are eight feet or more in width and thirty-two feet or more in length, built on a
permanent chassis, designed to be used as a permanent dwelling and constructed after June 15,
1976. Mobile homes do not include recreational vehicles. (Ord. 046-07§2, 2007).
16.08.364 "Home - modular" shall mean: A structure constructed in a factory in accordance
with the Uniform Building Code and bearing the appropriate insignia indicating such compliance.
This definition includes "pre -fabricated", "panelized", and "factory built" homes. Such structures shall
meet the following requirements:
(1) Is comprised of at least two fully enclosed parallel sections each of not less than
twelve feet wide by thirty-six feet long; and
(2) Was originally constructed with and now has a composition orwood shake or shingle,
coated metal, or similar roof of not less than 3:12 pitch; and
(3) Has exterior siding similar in appearance to siding materials commonly used on
conventional site -built Uniform Building Code single-family residences (no bare or painted metal);
and
(4) Must be permanently installed and affixed to a foundation system in accordance
with the Washington Administrative Code 296-150B as administered by the State Department of
Labor & Industries. Such installations shall include approved connections to all appropriate utilities.
(Ord. 046-07§2, 2007).
16.08.366 "Home occupation" shall mean: A limited -scale activity undertaken for financial gain
with some on -site sales or service, which occurs in a dwelling unit or accessory building and is
subordinate to the primary use of the premises as a residence in accordance with the provisions of
Chapter 16.38 POMC. (Ord. 046-07§2, 2007).
16.08.367 "Home park or subdivision - mobile" shall mean:
A parcel (or contiguous parcels) of land divided into 2 or more mobile home lots for rent or sale.
(Ord. 046-07§2, 2007).
16.08.368 "Home profession" shall mean: A limited -scale activity undertaken for financial gain
with no on -site fabrication, service or sales, which occurs in a dwelling unit or accessory building and
is subordinate to the primary use of the premises as a residence in accordance with the provisions of
Chapter 16.38 POMC. (Ord. 046-07§2, 2007).
16.08.370 "Hospitals" shall mean: Establishments primarily engaged in providing diagnostic
services, extensive medical treatment including surgical services, and other hospital services, as well
as continuous nursing services. These establishments have an organized medical staff, inpatient
beds, and equipment and facilities to provide complete health care. Does not include
convalescent homes. (Ord. 046-07§2, 2007).
16.08.372 "Hotels and motels" shall mean: Commercial establishments with more than 7 guest
rooms, known to the public as hotels, motor hotels, motels, or tourists" courts, primarily engaged in
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Paae 28 of 6q
providing lodging, or lodging and meals, for the general public; includes hotels that are operated
by membership organizations and are open to the general public. (Ord. 046-07§2, 2007).
16.08.374 "Hotels - rooming and boarding houses" shall mean: Establishments primarily
engaged in renting rooms, with or without board, on a fee basis. Does not include lodging houses
and hotels operated by membership organizations for the benefit of their constituents and not open
to the general public. (Ord. 046-07§2, 2007).
16.08.376 "Houseboat' shall mean: A watercraft structure designed primarily to be occupied as
a dwelling unit that does not have a motor but is provided with sewer and water hookups. (Ord. 046-
07§2, 2007).
16.08.378 "Household pets" shall mean: Small animals that are kept within a dwelling unit. (Ord.
046-07§2, 2007).
16.08.380 "Hydroelectric generation facility" shall mean: An establishment for the generation of
electricity using water sources. (Ord. 046-07§2, 2007).
16.08.382 "Individual transportation and taxi" shall mean: An establishment engaged in
furnishing individual or small group transportation by motor vehicle, including uses located in SIC
industry group and numbers:
(1) 412-Taxicabs, and
(2) 41 19-Local passenger transportation, not elsewhere classified. (Ord. 046-07§2,2007).
16.08.384 "Impact' shall mean: Any additional demand and need for public facilities or
services that is reasonably related to the proposed development. (Ord. 046-07§2, 2007).
16.08.386 "Impact fee" shall mean: The fee or charge levied as a condition of issuance of a
building permit or development approval and which mitigates all or any portion of an impact. (Ord.
046-07§2, 2007).
16.08.388 "Impervious surface" shall mean: A hard or compacted surface area which either
prevents or retards the entry of water into the soil mantle as it entered under natural conditions
preexistent to development, or a hard or compacted surface area which causes water to run off
the surface in greater quantities or at an increased rate of flow from that present under natural
conditions preexistent to development. Common impervious surfaces include but are not limited to
rooftops, concrete or asphalt paving, paved walkways, patios, compacted gravel, driveways,
parking lots and storage areas, and oiled, macadam, or other surfaces which similarly impeded the
natural infiltration of surface water. (Ord. 046-07§2, 2007).
16.08.390 "Improved public roadways" shall mean: Public road rights -of -way that have been
improved with at least 2 travel lanes and are maintained by Port Orchard, Kitsap County or
Washington State. (Ord. 046-07§2, 2007).
16.08.392 'Incidental sign" shall mean: A small sign, emblem, or decal informing the public of
goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating
hours of business. Such signs shall not exceed 12 inches by 18 inches in size. (Ord. 046-07§2, 2007).
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16.08.394 'Indirect lighting" shall mean: Lighting displayed or reflected on the surface or face
of a sign which is not inside the sign and not a part of the sign proper. (Ord. 046-07§2, 2007).
16.08.396 'Interim recycling facility" shall mean: A site or establishment engaged in collection
or treatment of recyclable materials, which is not the final disposal site, and including:
(1) Drop boxes,
(2) Source -separated, organic waste processing facilities, and
(3) Collection, separation, and shipment of glass, metal, paper or other recyclables to
others who will re -use them or use them to manufacture new products. (Ord. 046-07§2, 2007).
16.08.398 "Jail' shall mean: A facility operated by a governmental agency; designed, staffed,
and used for the incarceration of persons for the purpose of punishment, correction, and
rehabilitation following conviction of an offense. (Ord. 046-07§2, 2007).
16.08.400 "Jail farm" shall mean: A farm or camp on which persons convicted of minor law
violations are confined and participate in agriculture and other work activities of the facility. (Ord.
046-07§2, 2007).
16.08.402 "Jewelry store" shall mean: An establishment engaged in the retail sale of a variety of
jewelry products, including uses located in SIC industry numbers:
(1) 5944-Jewelry stores, and
(2) Gem stones and rock specimens found in 5999. (Ord. 046-07§2, 2007).
16.08.404 "Kennel' shall mean: A place where adult dogs are temporarily boarded for
compensation, whether or not for training. An adult dog is one of either sex, altered or unaltered,
that has reached the age of 6 months. (Ord. 046-07§2, 2007).
16.08.406 "Landfill' shall mean: A disposal site or part of a site at which refuse is deposited. (Ord.
046-07§2, 2007).
16.08.408 "Landing field" shall mean: A runway or landing area which is designed, used or
intended to be used by private fixed wing aircraft, including necessary taxiways, storage, and tie -
down areas. (Ord. 046-07§2, 2007).
16.08.410 "Landscaping" shall mean: Live vegetative materials required for a development.
Said materials provided along the boundaries of a development site is referred to as perimeter
landscaping. Landscaping provided on the remainder of the site is referred to as interior
landscaping. (Ord. 046-07§2, 2007).
16.08.412 "Landslide" shall mean: Episodic down slope movement of a mass of soil or rock
including snow avalanches. (Ord. 046-07§2, 2007).
16.08.414 "Level -of -service [LOS)" shall mean: Traffic congestion as measured along a roadway
or at an intersection and as identified by a letter scale from A to F calculated by a methodology
endorsed by the Institute of Transportation Engineers (ITE). (Ord. 046-07§2, 2007).
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16.08.416 "Livestock" shall mean: Grazing animals kept either in open fields or structures for
training, boarding, home use, sales, or breeding, and production, including but not limited to cattle,
riding and draft horses, hogs, sheep, and goats. (Ord. 046-07§2, 2007).
16.08.418 "Livestock - large" shall mean: Cattle, horses, llamas, alpaca, and other livestock
generally weighing over 500 pounds. (Ord. 046-07§2, 2007).
16.08.420 "Livestock - small' shall mean Hogs, sheep, goats, miniature horses, llamas, alpaca,
and other livestock generally weighing under 500 pounds. (Ord. 046-07§2, 2007).
16.08.422 "Loading space" shall mean: A space for the temporary parking of a vehicle while
loading or unloading cargo or passengers. (Ord. 046-07§2, 2007).
16.08.424 "Lodging house" shall mean: Lodging houses and hotels operated by membership
organizations for the benefit of their constituents and not open to the general public. Additional
information can be found within SIC 7041. (Ord. 046-07§2, 2007).
16.08.426 "Log storage" shall mean: A facility for the open or enclosed storage of logs which
may include repair facilities for equipment used on -site or operations offices. (Ord. 046-07§2, 2007).
16.08.428 "Logo" shall mean: An identifying emblem or insignia containing sign graphics,
symbols, or colors typically used for identification and/or advertisement. (Ord. 046-07§2, 2007).
16.08.430 "Logo shield" shall mean: A logo contained within an area no greater than four
square feet, incorporated into a larger sign face or designed as an individual sign or a component
of a sign containing individually mounted sign graphics. (Ord. 046-07§2, 2007).
16.08.432 "Lot" shall mean: A measured parcel of land having fixed boundaries and
designated on a plat or survey. A physically separate and distinct parcel of property, which has
been created pursuant to the provisions of this Chapter 58.17 RCW and POMC Chapter 16.72. The
term shall include tracts or parcels. (Ord. 046-07§2, 2007).
16.08.434 "Lot- corner" shall mean: A lot bounded on two or more adjacent sides by a public
street, private road access, easement, or any combination of these. (Ord. 046-07§2, 2007).
16.08.436 "Lot — frontage" shall mean: The front boundary line of a lot bordering on the street
and in the case of a corner lot, may be either boundary line bordering on the street. (Ord. 046-07§2,
2007).
16.08.438 "Lot — measurements" shall mean:
(1) Depth of a lot shall be considered to be the dimension between the midpoints of
straight lines connecting the foremost points of the side lot lines in front and the rearmost points of
the side lot lines in the rear.
(2) Width of a rectangular lot shall be considered to be the dimension between its 2 side
lot lines perpendicular to the street. For an irregularly shaped lot the width shall be considered to be a
dimension which equals the lot line most nearly perpendicular to the frontage street. (Ord. 046-07§2,
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2007).
16.08.440 "Lot — through" shall mean: A lot having frontage on two parallel or approximately
parallel streets. (Ord. 046-07§2, 2007).
16.08.442 "Lot — types" shall mean:
(1) Corner lots are located at the junction of, and fronting on, 2 or more intersecting
streets.
(2) Interior lots do not front on 2 or more streets.
(3) Through lots, other than comer lots, have frontage on more than 1 street. Through lots
abutting 2 streets may be referred to as double -frontage lots. (Ord. 046-07§2, 2007).
16.08.444 "Lot area — minimum" shall mean The minimum or smallest amount of total lot area
in a single ownership expressed in square feet necessary to satisfy the physical development
standards defined in this code. (Ord. 046-07§2, 2007).
16.08.446 "Lot lines" shall mean:
(1) Lot Front Line. "Lot front line" means that lot line at which vehicular access is off of a
public right-of-way, private street, access easement or tract;
(2) Lot Rear Line. "Lot rear line" means a lot line which is opposite and most distant from
the lot front line. For the purpose of establishing the lot rear line of a triangular or trapezoidal lot, or of
a lot the rear line of which is formed by two or more lines, the following shall apply:
(a) For a triangular- or gore -shaped lot, a line 10 feet in length within the lot and
farthest removed from the lot front line and at right angles to the line comprising the depth
of such lot shall be used as the lot rear line;
(b) In the case of a trapezoidal lot, the rear line of which is not parallel to the
front line, the lot rear line shall be deemed to be a line at right angles to the line comprising
the depth of such lot and drawn through a point bisecting the recorded lot rear line;
(3) Lot Side Line. "Lot side line" means any lot boundary line not a lot front line or a lot
rear line. (Ord. 046-07§2, 2007).
16.08.448 "Lot line - interior" shall mean: Lot lines that delineate property boundaries along
those portions of the property which do not abut a street. (Ord. 046-07§2, 2007).
16.08.450 "Lot line Interior -zero' shall mean: The elimination of one side yard setback so that a
side building line can be constructed on the lot line. Zero -lot lines must be designated on a plat.
(Ord. 046-07§2, 2007).
16.08.452 "Marina' shall mean: A water -dependent facility that provides moorage, wet and/or
dry storage, and other related sales and maintenance services, including but not limited to showers,
toilets, self-service laundries, and boat fuel, for pleasure and commercial; does not include
community and public docks, overhauls, engine pulling, or bottom painting. Live aboards are
permitted only in established marinas. (Ord. 046-07§2, 2007).
16.08.454 "Marina - boat repair" shall mean:
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An establishment providing docking, moorage space and related activities limited to the
provisioning or repair of pleasure and commercial boats and yachts, and personal services. (Ord.
046-07§2, 2007).
16.08.456 "Marine cargo handling - pier" shall mean: A fixed structure built over the water, used
as landing place for marine transport or for recreational purposes. (Ord. 046-07§2, 2007).
16.08.458 "Marquee" shall mean: A permanent roof -like structure or canopy of rigid material
supported by and extending from the fagade of a building. Also see "Downtown marquee,"
16.08.222. (Ord. 046-07§2, 2007).
16.08.460 "Material error" shall mean: Substantive information upon which a permit decision is
based that is submitted in error or is omitted at the time of permit application. (Ord. 046-07§2, 2007).
16.08.462 "May" shall mean: Optional and permissive, and does not impose a requirement.
(Ord. 046-07§2, 2007).
16.08.464 "Microwave" shall mean: Electromagnetic waves with a frequency of 890 megahertz
(mhz) or greater. (Ord. 046-07§2, 2007).
16.08.466 "Mitigation or Mitigate" shall mean: Any action which avoids any negative or
adverse impact, or which ameliorates any such impact. (Ord. 046-07§2, 2007).
16.08.468 "Mobile home" see "Dwelling unit — Mobile home" (Ord. 046-07§2, 2007)
16.08.470 "Mobile home — park" shall mean: A tract of land developed with individual
sites and facilities to accommodate 2 or more mobile homes. (Ord. 046-07§2, 2007).
16.08.472 "Modification — major" shall mean: A major alteration of a site plan shall
include any 1 of the following:
(1) Any enlargement of proposed building(s).
(2) Any site relocation of proposed building(s).
(3) Any change in exterior design. (4) Any modification that creates new traffic
circulation patterns. (Ord. 046-07§2, 2007).
16.08.474 "Monument" shall mean: A permanently established marker which is used to
establish property corners and control for surveys. (Ord. 046-07§2, 2007).
16.08.476 "Monument sign" shall mean: A permanent freestanding sign, which is attached
to the ground by means of a wide base. (Ord. 046-07§2, 2007).
16.08.478 "Monuments, tombstones, and gravestones sales" shall mean: The retail sale of
custom stonework products including uses located in SIC industry number 5599-Monuments,
finished to custom order, tombstones, and gravestones finished. (Ord. 046-07§2, 2007).
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16.08.480 "Motor vehicle dealers" shall mean: An establishment engaged in the retail sale
of new and/or used automobiles, motor homes, motorcycles, or trailers, including uses located in
SIC major group and industry group numbers:
(1) 55-Automobile dealers and gasoline service stations except:
(a) 553-Auto and home supply stores,
(b) 554-Gasoline service stations, and
(2) Aircraft dealers found in 5599. (Ord. 046-07§2, 2007).
16.08.482 "Motor vehicle and bicycle manufacturing" shall mean: Fabricating or assembling
complete passenger automobiles, trucks, commercial cars and buses, motorcycles, and
bicycles, including uses located in SIC industry group numbers:
(1) 371-Motor vehicles and motor vehicle equipment, and
(2) 375-Motorcycles, bicycles, and parts. (Ord. 046-07§2, 2007).
16.08.484 "Multiple occupancy complex" shall mean: A group of structures each housing at
least one retail business, office, or commercial venture, or a single structure containing more
than one separate business entity. (Ord. 046-07§2, 2007).
16.08.486 "Municipal water production' shall mean: The collection, processing, and
transmission facilities for municipal water systems, using surface or ground water sources. (Ord.
046-07§2, 2007).
16.08.488 "Mural" shall mean: Art renderings on exterior walls that do not advertise a business,
product, service, or activity. (Ord. 046-07§2, 2007).
16.08.490 "Must" shall mean: The same meaning as "shall" herein, and is mandatory and
imposes a requirement. (Ord. 046-07§2, 2007).
16.08.492 "Native vegetation" shall mean: Plant species that are indigenous and naturalized to
the City's region and which can be expected to naturally occur on a site. Native vegetation does not
include noxious weeds. (Ord. 046-07§2, 2007).
16.08.494 "Natural" shall mean:
(1) Building materials: When used in context of the Tremont Street Corridor Overlay
District "natural" means wood siding (horizontal, vertical or diagonal; no T-111), wood shake, river
cobble, slate, brick (natural colors), stucco (as accent only), and clay tile.
(2) Colors: When used in context of the Tremont Street Corridor Overlay District
"natural" colors are what is commonly referred to as earthtone colors; examples of earthtone colors
include almond, bluegrass, brick, cedar beige, chamois, cobblestone, cordovan, cream, driftwood
gray, gray, Monterey Pine, rose quartz, silver gray beige, and topaz. V.
16.08.496 "Naturalized species" shall mean: Non-native species of vegetation that are
Ordinance No. ouao
adaptable to the climatic conditions of the coastal region of the Pacific Northwest. (Ord. 046-07§2,
2007).
16.08.498 "New evidence" shall mean: Any and all evidence that is submitted or received after
the date the examiner, or City Council as the case may be, closes the official record. The official
record is closed at the end of the hearing, unless the examiner specifically allows the official record
to remain open for a time certain. (Ord. 046-07§2, 2007).
16.08.500 "Nonconforming — structure" shall mean: A building or structure which was
lawfully constructed, altered, and/or maintained, but which does not conform to the regulations of
the zone in which the building exists. (Ord. 046-07§2, 2007).
16.08.502 "Nonconforming — use" shall mean: A use which has lawfully established and
continuously maintained, but which does not conform to the regulations of the zone in which the use
exists. (Ord. 046-07§2, 2007).
16.08.504 "Nonconformance" shall mean: Any use, improvement or structure established in
conformance with the rules and regulations in effect at the time of establishment that no longer
conforms to the range of uses permitted in the site's current zone or to the current development
standards of this code due to the change in the code or its application to the subject property. (Ord.
046-07§2, 2007).
16.08.506 "Non -hydroelectric generation facility" shall mean: An establishment for the
generation of electricity by nuclear reaction, burning fossil fuels, wind and solar machines or other
electricity generation methods. (Ord. 046-07§2, 2007).
16.08.508 "Normal rainfall' shall mean: Rainfall that is at or near the mean of the accumulated
annual rainfall record, based upon the water year for Kitsap County as recorded at the Bremerton
National Airport. (Ord. 046-07§2, 2007).
16.08.510 "Noxious weed" shall mean: Any plant which when established is highly destructive,
competitive, or difficult to control by cultural or chemical practices (see Chapter 17.10 RCW). The
state noxious weed list in WAC Chapter 16-750 is the officially adopted list of noxious weeds by the
Noxious Weed Control Board and recognized by Port Orchard. (Ord. 046-07§2, 2007).
16.08.512 "Off -premises sign" shall mean: An outdoor advertising, informational, directional,
or identification sign, which relates to products, businesses, services, or premises not located on or
otherwise directly associated with the site on which the sign is erected. (Ord. 046-07§2, 2007).
16.08.514 "Official file" shall mean:
(1) All materials accepted by the examiner, or the City Council as the case may be,
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for purposes of the hearing, or created during the hearing, including but not limited to:
(a) All application materials submitted by the applicant;
(b) The staff report for the hearing;
(c) All written comments received by the City prior to the hearing, or received
into the official record during the hearing;
(d) The list of persons who signed in to the public hearing indicating a desire to
testify, or who wish to be notified of a decision or recommendation on the matter;
(e) The electronic recording of the hearing on the matter, or a transcript of the
electronic hearing on the matter, certified under oath to be a transcript of the electronic
recording of the hearing on the matter;
(f) The recommendation or decision of the examiner.
(2) If a decision of the examiner is appealed to the Council, the following will also be
included in the official file:
(a) The letter or notice of appeal;
(b) The staff report on the appeal;
(c) Any legal motions, briefs or other written appeal documents submitted by a
party of record.
(3) If the decision of the Council is appealed to Superior Court, the following will also be
included in the official file:
(a) The electronic recording of the appeal to Council and minutes of the same, or
a transcript of the electronic hearing on the matter, certified under oath to be a true and
correct transcript of the electronic recording of the hearing on the appeal;
(b) The decision of the Council. (Ord. 046-07§2, 2007).
16.08.516 "Official plans" shall mean:
The comprehensive plan, these development regulations, and other documents adopted by the City
Council of the City of Port Orchard. (Ord. 046-07§2, 2007).
16.08.518 "Official record" shall mean:
The written and oral information, exhibits, reports, testimony and other evidence submitted in a
timely manner and accepted by the examiner, or the City Council, if applicable. An electronic
recording or transcript certified as a true and correct transcript of an electronic recording of the
hearing is a part of the official record. (Ord. 046-07§2, 2007).
16.08.520 "Open record hearing" shall be as defined in 16.08.350.(Ord. 046-07§2, 2007).
16.08.522 "Open-work fence" shall mean: A fence in which the solid portions are evenly
distributed and constitute no more than 50 percent of the total surface area. (Ord. 046-07§2, 2007).
16.08.524 "Ordinances" shall mean: A legislative enactment of a City or county. (Ord. 046-
07§2, 2007).
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16.08.526 "Owner" shall mean: The owner of record of real property provided that, if the real
property is being purchased under a recorded real estate contract, the purchaser shall be considered
the owner of the real property. (Ord. 046-07§2, 2007).
16.08.530 "Parapet" shall mean: That portion of a building wall which extends above the roof
of the building. (Ord. 046-07§2, 2007).
16.08.532 "Park" shall mean: A site designed or developed for recreation use by the public
including, but not limited to: Indoor facilities, such as: Gymnasiums, Swimming pools, or Activity
centers; Outdoor facilities, such as: Playfields, courts, playgrounds, Fishing and boating access areas,
or Picnicking and other group activity areas, and Areas and trails for: Hikers, Equestrians, or
Bicyclists. (Ord. 046-07§2, 2007).
16.08.534 "Parks study" shall mean: The studies included in the adopted comprehensive land
use plan and the adopted parks plan, and any amendments thereto, copies of which are on file with
the Planning Director. (Ord. 046-07§2, 2007).
16.08.536 "Parking lot aisle" shall mean: That portion of the off-street parking area used
exclusively for the maneuvering and circulation of motor vehicles and in which parking is
prohibited. (Ord. 046-07§2, 2007).
16.08.538 "Parking lot unit depth" shall mean: The linear distance within which 1 parking
aisle is flanked by accessible rows of parking stalls as measured perpendicular to the parking aisle.
(Ord. 046-07§2, 2007).
16.08.540 "Parking space" shall mean: An area accessible to vehicles, improved, maintained,
and used for the sole purpose of parking a motor vehicle. (Ord. 046-07§2, 2007).
16.08.542 "Parking space - off-street" shall mean: A space on private property with access to a
public street or alley used to park a motor vehicle. (Ord. 046-07§2, 2007).
16.08.544 "Parking space, angle" shall mean: The angle measured from a reference line,
generally the property line or center line of an aisle, at which motor vehicles are to be parked. (Ord.
046-07§2, 2007).
16.08.546 "Party" or "party of record" shall mean: The applicant, the property owner of the
property for which a land use application has been filed, and any person who has submitted written
comments or testified as part of the official record of a land use action. (Ord. 046-07§2, 2007).
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16.08.550 "Peak hour" shall mean: The hour during the morning or afternoon when the
most critical level of service occurs for a particular roadway or intersection. (Ord. 046-07§2,
2007).
16.08.556 "Permit - conditional" shall mean: A permit granted by the City to locate a land use
at a particular location, subject to conditions placed on the proposed use to ensure compatibility with
adjacent land uses. (Ord. 046-07§2, 2007).
16.08.558 "Permit - site development" shall mean: A permit for the establishment of land uses
which do not require a building permit or other land use permit but require compliance with the
standards of this code. (Ord. 046-07§2, 2007).
16.08.560 "Permit - temporary use" shall mean: A permit to allow a use for a limited duration
and/or frequency. (ORD. 046-07§2, 2007).
16.08.562 "Person' shall mean: An individual, partnership, corporation, association,
organization, cooperative, public or municipal corporation, or agency of the state or any local
governmental unit however designated. (Ord. 046-07§2, 2007).
16.08.563 "Personal medical supply store" shall mean: An establishment engaged in the retail
sale of eyeglasses, contact lenses, hearing aids, and artificial limbs, including uses located in SIC
industry numbers:
(1) 5995-Optical goods stores, and
(2) 5999-Hearing aids and orthopedic and artificial limb stores. (Ord. 046-07§2, 2007).
16.08.564 "Pet shop" shall mean: An establishment engaged in the retail sale of pets, pet
supplies, or grooming of pets, including uses located in SIC industry number 5999-Pet shops. (Ord.
046-07§2, 2007).
16.08.566 "Pier" shall mean: A fixed structure built over the water, used as a landing place for
marine transport or for recreational purposes. (Ord. 046-07§2, 2007).
16.08.568 "Photographic and electronic shop" shall mean: An establishment engaged in the
retail sale of cameras and photographic supplies, and a variety of household electronic equipment,
including uses located in SIC industry number:
(1) 5946-Camera and photographic supply stores, and
(2) 5999-Binoculars and telescopes. (Ord. 046-07§2, 2007).
16.08.570 "Planning commission' shall mean: The Port Orchard Planning Commission.
(Ord. 046-07§2, 2007).
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16.08.572 "Plat" shall mean: Preliminary and final, short and long plats. (Ord. 046-07§2,
2007).
16.08.574 "Plat — preliminary" shall mean: A neat and approximate drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to
be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a
basis for the approval or disapproval of the general layout of a subdivision, as authorized by Chapter
58.17 RCW and POMC Chapter 16.72. (Ord. 046-07§2, 2007).
16.08.576 "Plat — final' shall mean: The final drawing of the subdivision and dedication
prepared for filing for record with the county auditor and containing all elements and requirements
set forth in Chapter 58.17 RCW and POMC Chapter 16.72. (Ord. 046-07§2, 2007).
16.08.578 "Plat — short" shall mean: The map or representation of short subdivision, showing
thereon the division of a tract or parcel of land with lots, blocks, streets, and alleys or other divisions,
easements and dedications as authorized by Chapter 58.17 RCW and POMC Chapter 16.72. (Ord.
046-07§2, 2007).
16.08.580 "Plat — long" shall mean: The map or representation of a long subdivision, showing
thereon the subdivision of a tract or parcel of land with lots, blocks, street, and alleys or other
subdivisions, easements and dedications as authorized by Chapter 58.17 RCW and POMC Chapter
16.72. (Ord. 046-07§2, 2007).
16.08.582 "Pole sign" shall mean: Any freestanding sign more than five feet in height that does
not meet the definition of monument, ground, or portable sign. These signs are composed of the sign
cabinet or base and the sign pole or pylon by which it connects to the ground. (Ord. 046-07§2, 2007).
16.08.584 "Political sign" shall mean: Any sign intended to promote an individual or an issue
on an election ballot to be voted upon by the Port Orchard general electorate. (Ord. 046-07§2, 2007).
16.08.586 "Port Orchard" shall mean: The City of Port Orchard, Washington. (Ord. 046-
07§2, 2007).
16.08.588 "Portable sign" shall mean: Any sign which is designed to be periodically
transported either manually, on a vehicle, or on its own wheels, and which is not designed to be
permanently affixed to the ground or to a structure. The removal of the wheels from such a sign, or
the attachment of such a sign temporarily or permanently to the ground or to a structure, does not, by
itself, change the inherent portability which was part of the original design of the sign, and does not
exempt it from this definition. (Ord. 046-07§2, 2007).
16.08.590 "Private" shall mean: Solely or primarily for the use of residents or occupants of the
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premises; e.g., a noncommercial garage used solely by residents or their guests is a private garage.
(Ord. 046-07§2, 2007).
16.08.592 "Private road" shall mean: An easement which creates access from private property
to the City street with maintenance of such road being the responsibility of the private property
owners. (Ord. 046-07§2, 2007).
16.08.594 "Professional office" shall mean: An office used as a place of business by licensed
professionals, or persons in other generally recognized professions, which use training or knowledge
of a technical, scientific or other academic discipline as opposed to manual skills, and which does
not involve outside storage or fabrication, or on -site sale or transfer of commodities, including the
following SIC major group and industry numbers:
(1) 64-Insurance agents, brokers, and service,
(2) 653-Real estate agents and managers,
(3) 7291-Income tax return preparation services,
(4) 81-Legal services,
(5) 87 1 -Engineering, architectural, and surveying services,
(6) 872-Accounting, auditing, and bookkeeping services, and
(7) 874-Management and public relation services. (Ord. 046-07§2, 2007).
16.08.596 "Project improvements" shall mean: Site improvement and facilities that are
planned and designed to provide service for a particular development project and that are necessary
for the use and convenience of the occupants or users of the project, and are not system
improvements. No improvement or facility included in a capital facilities plan shall be considered a
project improvement. (Ord. 046-07§2, 2007).
16.08.598 "Project permit or project permit application' shall mean: Any land use or
environmental approval required from the City for a project action, including but not limited to
building permits, subdivisions, planned unit developments, conditional uses, shoreline substantial
development permits, site plan review, permits or approvals required by POMC Title 16, Critical
Areas and Natural Resources, site -specific rezones authorized by a comprehensive plan or sub area
plan, but excluding the adoption or amendment of a comprehensive plan, sub area plan, or
development regulations except as otherwise specifically included in this Land Use Regulatory Code.
(Ord. 046-07§2, 2007).
16.08.600 "Projecting sign' shall mean: A sign, other than a flat wall sign, which is attached to
and projects 12 inches or more from a building wall or other structure not specifically designed to
support the sign. (Ord. 046-07§2, 2007).
16.08.602 "Property owner" shall mean: Those individuals, corporation, or other entity that
own or have a vested contractual interest in the property. (Ord. 046-07§2, 2007).
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16.08.604 "Public agency" shall mean: Any agency, political subdivision, or unit of local
government of this state including but not limited to municipal corporations, special purpose
districts, counties, and local service districts; any agency of the State of Washington, the United
States or any state thereof; or any Indian tribe recognized as such by the Federal Government. (Ord.
046-07§2, 2007).
16.08.606 "Public agency animal control facility" shall mean: A facility for the impoundment
and disposal of stray or abandoned small animals. (Ord. 046-07§2, 2007).
16.08.610 "Public agency archive" shall mean: Facilities for the enclosed storage of public
agency documents or related materials, excluding storage of vehicles, equipment, or similar
materials. (Ord. 046-07§2, 2007).
16.08.612 "Public agency office" shall mean: An office for the administration of any
governmental activity or program, with no outdoor storage and including, but not limited to uses
located in SIC major group, industry group, and industry numbers:
(1) 91-Executive, legislative, and general government, except finance,
(2) 93-Public finance, taxation, and monetary policy,
(3) 94-Administration of human resource programs,
(4) 95-Administration of environmental quality and housing programs,
(5) 96-Administration of economic programs,
(6) 972-International affairs,
(7) 9222-Legal counsel and prosecution, and
(8) 9229-Public order and safety. (Ord. 046-07§2, 2007).
16.08.614 "Public agency training facility" shall mean: An establishment or school for
training state and local law enforcement, fire safety, National Guard or transit personnel and ancillary
facilities including but not limited to: dining and overnight accommodations, classrooms, shooting
ranges, auto test tracks, and fire suppression simulations. (Ord. 046-07§2, 2007).
16.08.616 "Public agency yard" shall mean: A facility for open or enclosed storage, repair, and
maintenance of vehicles, equipment, or related materials, excluding document storage. (Ord. 046-
07§2, 2007).
16.08.618 "Public facilities" shall mean: Any City -owned, operated or contracted facility or
service, in whole or in part, whether existing or planned, including but not limited to parks, utilities,
recreational facilities, schools, libraries, playgrounds, streets, transportation facilities, open spaces,
police, fire or garbage services, buildings, and all such facilities or services, including related
equipment. (Ord. 046-07§2, 2007).
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16.08.620 "Public meeting or community meeting" shall mean: An informal meeting,
workshop, or other public gathering of people to obtain comments from the public or other agencies
on a proposed project permit prior to the City's decision. Under RCW 36.70B.020(5), a public
meeting is not an open record hearing. The proceedings at a public meeting may be recorded and a
report or recommendation may be included in the local government's project permit application file.
(Ord. 046-07§2, 2007).
16.08.622 "Public street or right-of-way" shall mean: Every road, street, highway, boulevard
or place in the City open as a matter of right to public travel and shall include arterials, neighborhood
streets, alleys, bicycle paths and pedestrian ways. Also including streets or portions thereof which are
designated as portions of the state highway system. (Ord. 046-07§2, 2007).
16.08.624 "Reader board" shall mean: A sign or a part of a sign on which the letters are readily
replaceable such that the copy can be changed from time to time at will. (Ord. 046-07§2, 2007).
16.08.626 "Real estate sign" shall mean: A sign erected by the owner, or his agent, advertising
the real estate upon which the sign is located for rent, lease, or sale, or directing interested parties to
said property. (Ord. 046-07§2, 2007).
16.08.628 "Reasonable use" shall mean: "Reasonable use" as defined by the most recent
applicable state or federal court decision. (Ord. 046-07§2, 2007).
16.08.630 "Recreational vehicle (RV)" shall mean: A vehicle designed primarily for
recreational camping, travel or seasonal use which has its own motive power or is mounted on or
towed by another vehicle, including but not limited to: travel trailer, folding camping trailer, park
trailer, truck camper, motor home, and multi -use vehicle. (Ord. 046-07§2, 2007).
16.08.632 "Recreational vehicle parks" shall mean: The use of land upon which 2 or more
recreational vehicle sites, including hook-up facilities, are located for occupancy by the general
public of recreational vehicles as temporary living quarters for recreation or vacation purposes. (Ord.
046-07§2, 2007).
16.08.634 "Recyclable material" shall mean: A nontoxic, recoverable substance that can be
reprocessed for the manufacture of new products. (Ord. 046-07§2, 2007).
16.08.638 "Regional utility corridor" shall mean: A right-of-way tract or easement which
contains transmission lines or pipelines for utility companies, excluding distribution lines contained
within street rights -of -way or lines serving individual lots or developments. (Ord. 046-07§2, 2007).
16.08.640 "Resident" shall mean: A person who occupies a residential dwelling within the City
of Port Orchard on an on -going and continual basis, and who actually lives within the home, as
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distinguished from a visitor or transient. (Ord. 046-07§2, 2007).
16.08.642 "Restoration" shall mean: The actions to return a stream, wetland or other critical
area to a state in which its stability, functions, and values approach its unaltered state as closely as
possible. (Ord. 046-07§2, 2007).
16.08.648 "Retention/detention facility" shall mean: A type of drainage facility designed either
to hold water for a considerable length of time and then release it by evaporation, plant transpiration,
and/or infiltration into the ground; or to hold runoff for a short period of time and then release it to
the surface and stormwater management system. (Ord. 046-07§2, 2007).
16.08.656 "Roof sign" shall mean: Any sign erected on or supported by the roof of a building.
(Ord. 046-07§2, 2007).
16.08.658 "Sandwich board/sidewalk sign" shall mean: A portable sign consisting of two sign
faces hinged at the top and separated at the bottom to make it self -standing. (Ord. 046-07§2, 2007).
16.08.660 "Seasonal decoration" shall mean: Temporary decorations for holidays which do not
fall under the definition of a sign. Decorations, which fall under the definition of a sign, must
conform to all provisions of the sign code. (Ord. 046-07§2, 2007).
16.08.662 "Senior" shall mean: A person aged 55 or older. (Ord. 046-07§2, 2007).
16.08.664 "School' shall mean: An institution primarily for academic instruction, public,
private or parochial, and accredited by the State Department of Education. (Ord. 046-07§2, 2007).
16.08.666 "School district" shall mean: The South Kitsap School District Number 402, Kitsap
County, Washington whose boundaries include the Port Orchard urban growth area. (Ord. 046-07§2,
2007).
16.08.668 "School bus base" shall mean: An establishment for the storage, dispatch, repair, and
maintenance of coaches and other vehicles of a school transit system. (Ord. 046-07§2, 2007).
16.08.670 "School district support facility" shall mean: Uses (excluding schools and bus
bases) that are required for the operation of a school district including centralized kitchens, and
maintenance or storage facilities. (Ord. 046-07§2, 2007).
16.08.672 "Schools, elementary and middle/junior high" shall mean: Public institutions of
learning offering instruction in the several branches of learning and study required by the Education
Code of the State of Washington in grades kindergarten through 9, including associating meeting
rooms, auditoriums, and athletic facilities. (Ord. 046-07§2, 2007).
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16.08.674 "Schools, private" shall mean: Private institutions of learning having a curriculum
below the college level as required by the common school provisions of the state of Washington.
(ORD. 046-07§2, 2007).
16.08.676 "Schools, secondary or high" shall mean: Public institutions of learning offering
instruction in the several branches of learning and study required by the Education Code of the State
of Washington in grades 9 through 12, including associated meeting rooms, auditoriums, and athletic
facilities. (Ord. 046-07§2, 2007).
16.08.678 "Schools, specialized instruction' shall mean: Establishments engaged in providing
specialized instruction in a designated field of study, rather than a full range of courses in unrelated
areas including, but not limited to: art, dance, music, cooking, driving, and pet obedience training.
(Ord. 046-07§2, 2007).
16.08.680 "Schools, vocational' shall mean: Public establishments offering training in a skill or
trade to be pursued as a career, including uses located in SIC industry group number:
(1) 824-Vocational schools, and
(2) 8222-Technical institutes. (Ord. 046-07§2, 2007).
16.08.682 "Self-service storage facility" shall mean: An establishment containing separate
storage spaces that are leased or rented as individual units. (Ord. 046-07§2, 2007).
16.08.684 "Sensitive area" see Critical Area definition. (Ord. 046-07§2, 2007).
16.08.686 "SEPA responsible official' shall mean: The Development Director, or such other
person as the Development Director has designated in writing to serve as the SEPA responsible
official. (Ord. 046-07§2, 2007).
16.08.690 "Service area" shall mean: Any geographical area in which a defined set of public
facilities provides services to developments within the area. Service areas may be separately
described for each type of public facility. (Ord. 046-07§2, 2007).
16.08.692 "Setback" shall mean: The distance between buildings or uses and their lot lines as
established in the Land Use Regulatory Code on the condition of permit approval. (Ord. 046-07§2,
2007).
16.08.694 "Setback— street" shall mean: The setback extending from every street right-of-way
to a line parallel to and measured perpendicularly from the street right-of-way at the depth prescribed
for each zone. (Ord. 046-07§2, 2007).
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16.08.696 "Shall' shall mean: The same meaning as "must' herein, and is mandatory and
imposes a requirement. (Ord. 046-07§2, 2007).
16.08.698 "Shooting range" shall mean: A facility designed to provide a confined space for
safe target practice with firearms, archery equipment, or other weapons. (Ord. 046-07§2, 2007).
16.08.699 "Shorelines administrator" shall mean: The Development Director, or such other
City employee that she designates, in writing, to serve in that capacity. (Ord. 046-07§2, 2007).
16.08.700 "Shoreline jurisdiction" shall mean: The area extending landward for 200 feet in all
directions as measured on a horizontal plane from the ordinary high water mark; floodways and
contiguous floodplains areas landward two hundred feet for such floodways, and all wetlands
associated with streams, lakes and tidal waters. (Ord. 046-07§2, 2007).
16.08.702 "Shoreline master program" shall mean: The shoreline master program for the City
of Port Orchard, and the use regulations together with maps, diagrams, charts, or other descriptive
material and text, a statement of desired goals and standards developed in accordance with the
policies enunciated in RCW 90.58.020. (Ord. 046-07§2, 2007).
16.08.704 "Should" shall mean: Strongly advisable, unless the context clearly indicates
otherwise. Refer to 16.01.040(4). (Ord. 046-07§2, 2007).
16.08.706 "Sign" shall mean: Any visual communication device, structure, fixture, placard,
painted surface, awning, banner, or balloon using graphics, lights, symbols, and/or written copy
designated specifically for the purpose of advertising, identifying, or promoting the interest of any
person, institution, business, event, product, goods, or services; provided, that the same is visible
from any public right-of-way or waterway. (Ord. 046-07§2, 2007).
16.08.708 "Sign area" shall mean: The entire area of a sign. Sign structure, architectural
embellishments, filigree, framework, and decorative features, which contain no written or advertising
copy, shall not be included. Sign area shall be calculated by measuring the perimeter enclosing the
extreme limits of the module or background containing the advertising, graphics, or identifying
message; provided, that individual letters using a wall as a background, without added decoration or
change in wall color, shall have a sign area calculated by measuring the perimeter enclosing each
letter and totaling the square footage thereof. For double-faced signs, total sign area shall be
calculated by measuring only one face. (Ord. 046-07§2, 2007).
16.08.710 "Sign height" shall mean: The vertical distance from the base of the sign, including
its supporting columns, to the highest point of a sign or any vertical projection thereof. (Ord. 046-
07§2, 2007).
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16.08.712 "Significant tree" shall mean: An existing tree which is:
(1) Any healthy tree with a DBH (diameter at breast height) of 18 inches or greater with
adequate live crown to maintain tree vigor and aesthetics; or
(2) Any tree identified as providing wildlife habitat for threatened or endangered
species; or
(3) Any tree of historical or cultural significance as defined within the comprehensive
plan. (Ord. 046-07§2, 2007).
16.08.714 "Site area — minimum" shall mean: The minimum or smallest amount of total site
area in a single ownership expressed in acres necessary to support development consistent with the
zoning district provisions of this code. The minimum or smallest allowable site for a R4.5 zoning
district which allows a maximum of 4.5 dwelling units per net useable acre cannot be smaller than
that required to support the maximum density allowed in the prevailing zoning district. (Ord. 046-
07§2, 2007).
16.08.716 "Site area - useable gross" shall mean: Gross useable site area is the total site or lot
ownership less Critical Areas. This area of a site or lot is expressed in acres or square feet. (Ord. 046-
07§2, 2007).
16.08.718 "Site area - useable net" shall mean: The total site or lot ownership expressed in
acres or square feet less Critical Ares (equal to gross useable site area) and any required dedications
necessary to provide supporting roads, utilities, or other supporting facilities or infrastructure which
may be used to calculate allowed dwelling units. For the purposes of calculating potential residential
capacities, infrastructure requirements are generally estimated to be between 10 and 20 percent of the
gross useable site area for undeveloped land, and 0 to 10 percent for lots within existing developed
urban areas such as the downtown district. (Ord. 046-07§2, 2007).
16.08.720 "Site plan specific" shall mean: A development plan required by this code and
approved by the City Council. A site plan is defined as including all physical and technical drawings
required by the City for project construction and approval. Site plans shall not determine or define
the use of property or its occupation. (Ord. 046-07§2, 2007).
16.08.722 "Sporting goods store" shall mean: An establishment engaged in the retail sale of
sporting goods and equipment, including uses located in SIC industry numbers:
(1) 5941-Sporting goods stores and bicycle shops, and
(2) 5999-Tent shops and trophy shops. (Ord. 046-07§2, 2007).
16.08.724 "Sports club" shall mean: An establishment engaged in operating physical fitness
facilities and sports and recreation clubs, including uses located in SIC industry numbers:
(1) 7991-Physical fitness facilities, and
(2) 7997-Membership sports and recreation clubs. (Ord. 046-07§2, 2007).
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16.08.726 "Specified sexual activities" shall mean: Human genitalia in a state of sexual
stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; erotic fondling,
touching or display of human genitalia, pubic region, buttock, or female breast; peep shows, topless
dancing, and nude dancing. (Ord. 046-07§2, 2007).
16.08.730 "Stable" shall mean: A structure or facility in which horses or other livestock are
kept for boarding, training, riding lessons, breeding, rental, or personal use. (Ord. 046-07§2, 2007).
16.08.732 "State" shall mean: The State of Washington. (Ord. 046-07§2, 2007).
16.08.734 "Storage yard — open" shall mean: A land area of 2,000 square feet or more used for
the storage of any material, including items for storage, sale, lease, processing and repair (including
vehicles), not in a structure comprised of at least 3 walls and a roof. Does not include lots for the
sale of motor and/or marine vehicles. (Ord. 046-07§2, 2007).
16.08.736 "Stream" see RCW 90.58 (Ord. 046-07§2, 2007)
16.08.738 "Street' shall mean:
(1) Any public way either unimproved or improved which affords the principal means
of access to abutting properties. A street width shall be considered the distance between its
right-of-way lines.
(2) A public or recorded private thoroughfare providing the main pedestrian and
vehicular access through neighborhoods and communities and to abutting property. (Ord. 046-07§2,
2007).
16.08.740 "Street frontage" shall mean: The portion of a lot property line that abuts a public
right-of-way. (Ord. 046-07§2, 2007).
16.08.742 "Structure" shall mean: Anything permanently constructed, walled, and roofed
including a gas or liquid storage tank that is principally in or on the ground, or over the water;
excluding fences less than 6 feet. (Ord. 046-07§2, 2007).
16.08.744 "Structure — alteration" shall mean: Any change to the supporting members of the
building or structure including foundations, bearing walls, columns, beams or girders. (Ord. 046-
07§2, 2007).
16.08.746 "Structure height' shall mean: Except when otherwise noted in the in the tables or
charts, under Chapter 16.40 POMC, the vertical height or distance from the lowest or downhill
elevation line of the lower of either the existing or finished grade at the foundation or slab to the
highest point of the roof of the structure. If the downhill elevation line is not level, the average
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downhill elevation shall be the basis for measurement. Note: on flat lots, the building height and
structure height will be the same. (Ord. 046-07§2, 2007).
16.08.750 "Subdivision — long" shall mean: The division of land into five or more lots, tracts,
or parcels, sites, or subdivisions for the purpose of sale, lease, or transfer of ownership" (RCW
58.17.020(1)). (Ord. 046-07§2, 2007).
16.08.752 "Subdivision — short" shall mean: The division of land into four or fewer lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership" (RCW
58.17.020(6)). (Ord. 046-07§2, 2007).
16.08.754 "Substantial development or improvement" shall mean:
(1) Any repair, reconstruction, or improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure either:
(a) Before the improvement of repair is started; or
(b) If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition substantial improvement is considered to occur
when the first alteration of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the structure.
(2) The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which are solely necessary to assure safe
living conditions; or
(b) Any alteration of a structure listed on the National Register of Historical
Places or a State Inventory of Historical Places. (Ord. 046-07§2, 2007).
16.08.756 "Substantial progress" shall mean: One or more of the following:
(1) Proof of project financing or negotiation.
(2) A building permit has been issued and activated.
(3) Installation of infrastructure within the original 180 day time period.
(4) A completed set of working architectural drawings. (Ord. 046-07§2, 2007).
16.08.758 "Surety" shall mean: Any form of security involving a cash deposit, bond, set -aside
account, collateral, property, or other instrument of credit, which is used to insure that required
improvements are installed and/or warranted to be free from defective materials and/or
workmanship. (Ord. 046-07§2, 2007).
16.08.760 "System improvements" shall mean: Public facilities that are included in the capital
facilities plan element or transportation plan element and are designed to provide service within the
community at large, in contrast to project improvements. (Ord. 046-07§2, 2007).
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16.08.762 "Temporary living facility" shall mean: A mobile home, motor home or other such
dwelling, installed on a residential lot which already contains a permanent dwelling structure. The
use of a temporary living facility requires the property owner to receive a permit, can only be
approved for a period of time up to 180 days and must have hookups to an approved water and
sanitary sewer source. (Ord. 046-07§2, 2007).
16.08.764 "Temporary or special event sign" shall mean: A nonpermanent sign intended for
use for a short period of time, including banners, pennants, or advertising displays constructed of
canvas, fabric, wood, plastic, cardboard, or wallboard, with or without frame. Signs in this category
include signs painted on exterior window surfaces, which are readily removed by washing, and signs
referred to in POMC 16.15.160. (Ord. 046-07§2, 2007).
16.08.766 "Temporary use" shall mean: A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period. See 16.35.110. (Ord. 046-07§2,
2007).
16.08.768 "Testamentary" shall mean: Given or bequeathed by a will. (Ord. 046-07§2,
2007).
16.08.770 "Tightline to a sewer" shall mean: A sewer trunk line designed and intended
specifically to service only a particular facility or place, and whose pipe diameter should be sized
appropriately to ensure service only to that facility or place. (Ord. 046-07§2, 2007).
16.08.774 "Trails" shall mean: Man-made pathways designed and intended for use by non -
motorized transportation modes including walking, biking, horse back riding, and/or recreational
users. (Ord. 046-07§2, 2007).
16.08.776 "Transfer station" shall mean: A staffed collection and transportation facility used
by private individuals and route collection vehicles to deposit solid waste collected off -site into
larger transfer vehicles for transport to permanent disposal sites, and may also include recycling
facilities involving collection or processing for shipment. (Ord. 046-07§2, 2007).
16.08.778 "Transit bus base" shall mean: An establishment for the storage, dispatch, repair,
and maintenance of coaches, light rail trains, and other vehicles of a public transit system. (Ord. 046-
07§2, 2007).
16.08.780 "Transit park and ride lot" shall mean: Vehicle parking specifically for the purpose
of access to a public transit system as a stand-alone facility. (Ord. 046-07§2, 2007).
16.08.781 "Transmission equipment" shall mean: Equipment, such as antennae and satellite,
or point-to-point microwave dishes, that transmit or receive radio signals. (Ord. 046-07§2, 2007).
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16.08.782 "Transmission line booster station" shall mean: An establishment containing
equipment designed to increase voltage of electrical power transported through transmission and/or
distribution lines to compensate for power loss due to resistance. (Ord. 046-07§2, 2007).
16.08.784 "Transmission structure" shall mean: A structure intended to support transmission
equipment or function as an antenna for AM radio or an earth station satellite dish antenna. The term
does not include brackets, platforms, or other apparatus that mount transmission equipment onto
transmission structures, buildings or other structures. (Ord. 046-07§2, 2007).
16.08.786 "Transmitter building" shall mean: Building used to contain communication
transmission equipment. (Ord. 046-07§2, 2007).
16.08.788 "Transportation system management (TSM)" shall mean: Low-cost projects that
can be implemented in a short time frame designed to increase the efficiency of existing
transportation facilities. This also includes transit and/or ride sharing measures to decrease single
occupancy vehicle trips. (Ord. 046-07§2, 2007).
16.08.790 "Ultimate roadway section" shall mean: A designation that the maximum roadway
or intersection capacity has been reached and further right-of-way acquisition and/or improvements
are not feasible to increase peak hour vehicle capacity. (Ord. 046-07§2, 2007).
16.08.792 "Understory" shall mean: The low layer of plants forming an underbrush or under
wood. (Ord. 046-07§2, 2007).
16.08.794 "Use" shall mean: The nature of the occupancy, the type of activity, or the character
and form of improvements to which land is devoted or may be devoted. An activity or function
carried out on an area of land, or in a building or structure located thereon. (Ord. 046-07§2, 2007).
16.08.795 "Use - conditional' see "conditional use." (ORD. 046-07§2, 2007)
16.08.796 "Use — permitted" shall mean: Any use authorized or permitted in a specific use
district and subject to the limitations and regulations of such use district. (Ord. 046-07§2, 2007).
16.08.798 "Use — principal' shall mean: The primary use for a lot, structure, or building or the
major portion thereof, as designated or actually used. (Ord. 046-07§2, 2007).
16.08.800 "Use — secondary" shall mean: An incidental or accessory use for which a lot,
structure or building is designated or employed in conjunction with, but not subordinate to its
primary use. (Ord. 046-07§2, 2007).
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16.08.803 "Use — temporary" see "Temporary use." (Ord. 046-07§2, 2007)
16.08.806 "Utility, sub -regional' shall mean: A facility for the distribution or transmission of
services to an area requiring location in the area to be served including, but not limited to:
(1) Telephone exchanges,
(2) Water pumping or treatment stations,
(3) Electrical switching substations,
(4) Water storage reservoirs or tanks,
(5) Municipal groundwater well -fields, and
(6) Retention/detention facilities. (Ord. 046-07§2, 2007).
16.08.807 "Vacation Rental' shall mean: a self contained single-family residence including
condominiums, apartments and detached residences that may rented by groups or individuals. Not to
be confused with hotels/motels or bread and breakfast facilities.
16.08.808 "Variance" shall mean: The process and resulting approval through which a property
owner, is entitled to privileges commonly enjoyed by other properties in the same vicinity and zone,
that he/she would otherwise have been deprived because of special circumstances found to exist on
the land. The adjustment in the application of this code shall remedy the disparity in privilege. A
variance shall not be used to convey special privileges not enjoyed by other properties in the same
vicinity and zone and subject to the same code restrictions. See POMC 16.35.150. (Ord. 046-07§2,
2007).
16.08.810 "Vegetation" shall mean: Any and all organic plant life growing at, below, or above
the soil surface. (Ord. 046-07§2, 2007).
16.08.812 "Vegetation — native" shall mean: Vegetation comprised of plant species which are
indigenous to the Puget Sound region and which reasonable could have been expected to naturally
occur on the site. Native vegetation does not include noxious weeds. (Ord. 046-07§2, 2007).
16.08.814 "Veterinary clinic" shall mean: Establishments of licensed practitioners primarily
engaged in the practice of veterinary medicine, dentistry, or surgery. Animal hospitals and spay and
neuter clinics are included. Ancillary and/or subordinate uses to the veterinary clinic such as
grooming or overnight boarding are permissible. (Ord. 046-07§2, 2007).
16.08.816 "Video billboard" shall mean: Any billboard or other outdoor sign, which uses
television, computer projections, or other similar technology to project images to the public. (Ord.
046-07§2, 2007).
16.08.818 "View corridor" shall mean: A field of vision between buildings and/or
vegetation that provides an unobstructed view across the subject property which leads to
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significant public or private views of natural features. (Ord. 046-07§2, 2007).
16.08.822 "Violation" shall mean: The violation of any provision of the conditions of any
permit, approval, or other order issued pursuant to the regulations in the Land Use Regulatory Code.
(Ord. 046-07§2, 2007).
16.08.824 "Wall frontage" shall mean: The length of an outside building wall on a public right-
of-way. (Ord. 046-07§2, 2007).
16.08.826 "Wall plane" shall mean: The flat vertical surface on a building facade, which may
include doors, windows, openings, or other incidental recessions that do not extend through to the
roofline. (Ord. 046-07§2, 2007).
16.08.828 "Wall sign" shall mean: A sign attached, painted onto, or erected parallel to and
extended not more than one foot from the facade or face of any building to which it is attached and
supported throughout its entire length, with the exposed face of the sign parallel to the plane of said
wall or facade. It is not to extend above the lowest point of a roof surface or the top of the building
parapet or whichever is higher. (Ord. 046-07§2, 2007).
16.08.830 "Warehousing and wholesale trade" shall mean: Establishments involved in the
storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale
of bulk goods to the general public which is classified as a retail use in this document. These
establishments shall include SIC major group numbers 50 and 51 and SIC industry group number
422 and 423. (Ord. 046-07§2, 2007).
16.08.832 "Warehousing and storage —yards" shall mean: A land area of 2,000 square feet or
more used for the storage of any material, including items for storage, sale, lease, processing, and
repair (including vehicles), not in a structure comprised of at least 3 walls and a roof. Does not
include a lot used for the sale of motor and/or marine vehicles. (Ord. 046-07§2, 2007).
16.08.834 "Wastewater treatment facility" shall mean: A plant for collection,
decontamination, and disposal of sewage, including residential, industrial, and agricultural liquid
wastes, and including any physical improvement within the scope of the definition of "water
pollution control facility" set forth in WAC 173-90-015(4) as amended. (Ord. 046-07§2, 2007).
16.08.836 "Wetland" see RCW 90.58. (Ord. 046-07§2, 2007).
16.08.838 "Wildlife shelter" shall mean: A facility for the temporary housing of sick or
wounded wildlife subject to licensing conditions by appropriate county and state officials. (Ord. 046-
07§2, 2007).
16.08.840 "Work release facility" shall mean: A facility which allows the opportunity for
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convicted persons to be employed outside of the facility, but requires confinement within the facility
when not in the place of employment. (Ord. 046-07§2, 2007).
16.08.842 "Yard" shall mean: An unoccupied space, other than a court, unobstructed from the
ground to the sky, which may include driveways, sidewalks, lamp posts, open patios, retaining walls,
entrance steps, fences, and landscaping unless specifically otherwise provided. (Ord. 046-07§2,
2007).
16.08.844 "Yard — types" shall mean:
(1) "Front yards" extend between side lot lines across the front of a lot adjoining a public
street. In addition, a "front yard" shall extend between lot lines across the front of a lot that accesses
from a private road. A property can have more than one "front yard".
(2) "Side yards" means those yards extending along both side lot lines from the front yard
to the rear yard.
(3) "Rear yards" extend across the rear of the lot between inner side yard lines. In the case
of through lots and corner lots, there will be no rear yards, but only front and side yards. (Ord. 046-
07§2, 2007).
16.08.846 "Yard waste processing facility" shall mean: A site where yard and garden wastes,
including wood and land clearing debris, are processed into new products which include, but are not
limited to, soil amendments and wood chips. (Ord. 046-07§2, 2007).
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EXHIBIT B
Chapter 16.65
SIGN REGULATIONS
Sections:
16.65.000
Title.
16.65.005
Purpose.
16.65.020
Signs prohibited.
16.65.030
Signs not requiring permits.
16.65.040
Permit required.
16.65.050
Application for permits.
16.65.060
Permit fees.
16.65.070
Issuance of permits — inspection.
16.65.080
Requirements applicable to all signs.
16.65.090
Residential district signs.
16.65.100
Tremont Street Corridor Overlay District sign standards.
16.65.110
Commercial, mixed use, and employment district signs.
16.65.120
Downtown business core marquee signs.
16.65.130
Downtown business core sandwich/sidewalk signs.
16.65.135
Home occupation Signs.
16.65.140
Real estate signs.
16.65.150
Political signs.
16.65.160
Temporary and special events.
16.65.180
Nonconforming signs.
16.65.190
Comprehensive design plan permits.
16.65.200
Variances.
16.65.210
Enforcement procedures.
16.65.230
Violations — penalties.
16.65.000 Title.
This chapter shall be known as the "Sign Code".
16.65.005 Purpose.
The purpose of this chapter is to establish standards for the structural design, placement, size, and
maintenance of all signs and sign structures within the City.
16.65.020 Signs Prohibited.
The following types of signs are prohibited in the City:
(1) Portable reader board signs;
(2) Signs that create a safety hazard for pedestrians or motorists, as determined by the
police chief or building official;
(3) Signs imitating or resembling official traffic or government signs or signals, as
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determined by the building official or police chief,
(4) Signs attached to trees, utility poles, street -lights, rocks, or other natural features;
(5) Signs placed on vehicles or trailers, which are parked or located on publicly owned
property for the primary purpose of displaying said sign. This does not apply to signs or lettering on
buses and taxis or vehicles, which are advertising themselves for sale;
(6) Rotating signs;
(7) Displays for more than 30 consecutive days of banners, clusters of flags, posters,
pennants, ribbons, streamers, strings of lights, spinners, twirlers, or propellers, flashing, rotating, or
blinking lights, flares, balloons or inflated signs over 24 inches in diameter, and similar devices of a
carnival nature are permitted on a limited basis pursuant to POMC 16.65.160. The same displays as
described above can only be on the same property three times a year with a minimum of 30 calendar
days between each time the displays are erected (see also POMC 16.65.160);
(8) Searchlights and beacons, unless otherwise approved by conditions pursuant to
POMC 16.65.160;
(9) Video billboards;
(10) Roof signs;
(11) Signs that obstruct vision or which the building official determines to be a safety
hazard for pedestrian or vehicular traffic. Such signs may be removed if they already exist;
(12) Signs containing statements, words, and pictures of an obscene character;
(13) Signs which do not conform in structure or material to International Building Code
and/or Uniform Sign Code;
(14) Flashing signs or lights facing public property;
(15) Signs emitting pollutants. Any sign that emits audible sound, odor, or visible matter;
(16) Signs located in or on public right-of-way or public property, with the following
exceptions:
(a) Signs that are attached to the downtown marquee and sandwich/sidewalk
signs which meet the City standards for the downtown business core area signs pursuant to
Resolution No. 1884;
(b) Public transportation and City -owned signs.
(17) Billboard Signs.
(18) Off -premises signs except as specifically permitted in this Chapter.
16.65.030 Signs not requiring permits.
The following types of signs are exempted from obtaining a sign permit, but must be in conformance
with all other requirements of this chapter:
(1) Real estate signs meeting the requirements of POMC 16.65.140.
(2) Political signs meeting the requirements of POMC 16.65.150.
(3) Temporary and special event signs meeting the requirements of POMC 16.65.160.
(4) Non -electric signs not exceeding three square feet per face which are limited in
content to the name of occupant and address of the premises in residential zones.
(5) On -premises directional signs, not exceeding six square feet per face, the sole purpose
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of which is to provide for vehicular and pedestrian traffic direction, limited to one sign per ingress
and one sign per egress.
(6) Regulatory, informational, identification, or directional signs installed by or at the
direction of a government entity.
(7) Signs required by law.
(8) Official public notices, official court notices, or official sheriff's notices.
(9) One off -premises identification sign, not exceeding three square feet per face, for any
fraternal, civic, or religious organization with an established operation in the City, which must be
placed on a common sign base approved by City.
(10) Signs or displays not visible from streets, ways, sidewalks, or parking areas open to
the public.
(11) The flag of government or noncommercial institutions, such as schools.
(12) Point -of -purchase advertising displays, such as product dispensers.
(13) "No trespassing," "no dumping," "no parking," "private" and other informational
warning signs which shall not exceed six square feet in surface area.
(14) Structures intended for separate use such as phone booths and recycling containers.
(15) Reasonable seasonal decorations within the appropriate holiday season or civic
festival season meeting the requirements in the definition for "Seasonal Decorations" in POMC
Chapter 16.08.
(16) Sculptures, fountains, mosaics, murals, and design features which do not incorporate
advertising or identification.
(17) All signs which are wholly within the interior portion of a building, including interior
window signs; provided, that such signs shall not be in one of the categories prohibited by POW
16.65.020.
(18) Signs located on the interior sides of sports field fencing.
(19) Garage sale signs.
16.65.040 Permit required.
No sign, except for those exempted in this chapter, shall be erected, re -erected, attached, structurally
altered or relocated by any person, firm or corporation without a sign permit issued by the City. In
the case of electric signs, compliance with the National Electrical Code shall be included as a
requirement of the sign permit. All sign permits shall be issued by the building official. No permit
shall be required for repair, cleaning, repainting or other normal maintenance, nor for changing the
message on a sign designed for changeable copy, as long as the sign structure is not modified in any
way. In cases where a new business has moved into a building with existing signage, any re -facing or
re -painting over an existing sign for the purposes of a new business requires a sign permit.
16.65.050 Application for permits.
Applications for sign permits shall be made to the building official upon forms provided by the City.
Such applications shall require:
(1) Name, address, and telephone number of the sign owner;
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(2) Street address or location of the property on which the sign is to be located, together
with the name and address of the property owner;
(3) The type of sign or sign structure as defined in this chapter;
(4) A site plan showing the proposed location of the sign, together with the locations and
square footage areas of all existing signs on the same premises;
(5) Specifications and scale drawings showing the materials, design, dimensions,
structural supports, and electrical components of the proposed sign.
16.65.060 Permit fees.
All applications for permits shall be paid when permit is picked up. Fees are based upon the City -
adopted fee schedule in accordance with the International Building Code.
16.65.070 Issuance of permits — inspection.
(1) The building official shall issue a permit for erection, alteration or relocation of a sign
within 30 days of receipt of a complete application; provided that the sign complies with all
applicable laws and regulations of the City. In all applications, where a matter of interpretation
arises, the more specific definition or higher standard shall prevail. The building official may
suspend or revoke an issued permit for any false statement or misrepresentation of fact in the
application. A sign permit issued by the building official becomes null and void if work is not
commenced within 60 days of issuance and is not completed within 180 days of issuance or is
abandoned for a period of 180 days. Proof of ordering the sign constitutes commencement of work.
Permits may be renewed one time with an additional payment of one-half of the original fee.
(2) Any person installing, altering, or relocating a sign for which a permit has been issued
shall notify the building official upon completion of the work. No sign shall be deemed approved
until the building official has conducted a final inspection and indicated approval on the face of the
sign permit.
16.65.080 Requirements applicable to all signs.
(1) For the purpose of determining if a proposed sign permit should be issued pursuant to
this section, the following criteria shall apply. In addition, signs shall be in compliance with the
Uniform Sign Code of the International Conference of Building Officials, as adopted by the City.
This section specifies, unless otherwise stated in this chapter, design criteria, construction standards,
requirements for materials, and limitations on the projection and clearance of signs. Not less than one
copy of said codes is on file in the office of the City clerk. Compliance with the Uniform Sign Code
shall be a prerequisite to issuance of a sign permit under this chapter.
(2) Electrical Requirements. Electrical requirements for signs within the City shall be
governed by the National Electrical Code, 1984 Edition (or any superseding edition adopted by the
City), promulgated by the National Fire Protection Association, which is adopted and made a part
hereof by this reference. Compliance with the National Electrical Code shall be required by every
sign utilizing electrical energy as a prerequisite to issuance of a sign permit under this chapter.
(3) Sign Illumination. Illumination from or upon any sign shall be located, shaded,
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shielded, directed, or reduced so as to avoid undue brightness, glare or reflection of light on private
or public property in the surrounding area, so as to avoid unreasonably distracting pedestrians or
motorists, and from bodies of water as defined in the shoreline master program. "Undue brightness"
is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to
the average person on an adjacent street.
(4) Sign Maintenance. All signs, including signs heretofore installed, shall be continually
maintained in a state of security, safety, and repair. If any sign is found not to be so maintained or is
insecurely fastened or otherwise dangerous, it shall be the duty of the owner and/or occupant of the
premises on which the sign is located to repair or remove the sign within five days after receiving
notice from the building official or his designee. The premises surrounding a freestanding sign shall
be free and clear of rubbish and landscaped area free of weeds.
(5) Landscaping for Freestanding Signs. All primary freestanding signs shall include
landscaping at their base to prevent automobiles from hitting the sign -supporting structure and to
improve the overall appearance of the installation. The planting area shall be a minimum of one
square foot for each square foot of sign surface area and shall include a mix of native shrubs and
groundcover (see POMC Chapter 16.50) so that at the time of installation a minimum of 25 percent
of the required planting area is covered by plant material. If the landscaping is not installed
concurrently with the sign, the applicant for a sign permit shall provide a performance assurance
device. All required landscaping must be installed within 60 days of completion of the sign
installation, unless the building official grants an extension in writing for reasons of weather, good
planting practices, or unforeseeable construction delay.
(6) Sign Inspection. All sign users shall permit the periodic inspection of their signs by
the City upon request pursuant to this section.
(7) Height of Signs. See district requirements, POMC 16.65.090, 16.65.100 and
16.65.110.
(8) Placement of Signs. All signs must be properly supported and secured as determined
by the building official. Signs may only face streets and parking lots. Signs may not be mounted on
the back of buildings or areas not generally accessed by the public. Multiple occupancy complexes
shall provide for a comprehensive signage plan, coordinating sign design, and placement. Signs shall
be located on the premises unless otherwise authorized within this chapter. Signage placed or
projecting into the public right-of-way shall be approved by the City Council or as otherwise
authorized by this chapter. No sign shall be located as to obstruct or create hazardous conditions for
motorists or pedestrians. All signs shall comply with the sight distance requirements of the land use
code.
(9) Sign design shall provide continuity with signage on the same or adjacent properties
with respect to mounting location and height, proportions, materials, and other significant qualities.
(10) Painted Signs — Mounting. Murals and graphics may be painted on plywood or other
backing material or directly on the building wall itself (as approved by the building official).
(11) Appearance of Signs. All signs shall have a professional appearance (as approved by
the building official).
(12) Abandoned Signs. Abandoned signs shall be removed or message coated out by the
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property owner or lessee within 30 days after the business or service advertised by the sign is no
longer conducted on the premises. If the property owner or lessee fails to remove it, the building
official shall give the owner 10 days written notice to remove it. Upon failure to comply with this
notice, the building official may cause the sign to be removed at cost to the owner of the premises.
The cost of removal will be twice the total cost of all labor, equipment, and material costs incurred
by the City to include 100 percent labor overhead and 15 percent materials markup. Foundations,
posts, and structure of the sign, with all advertising copy removed, may remain on the premises for
up to three years with the owner's written consent, on the condition that same must be continuously
maintained pursuant to this section.
(13) Position of Signs. Signs shall face or be placed fronting public avenues or customer
parking areas so as to not adversely affect neighboring properties.
(14) Conflicting Provisions. Whenever two provisions or interpretations of this code
overlap or conflict with regard to the size or placement of a sign, the more restrictive provision or
interpretation shall apply.
16.65.090 Residential district signs.
Signs established in any "R" zone must comply with the following provisions:
(1) No sign in a residential district shall extend more than six feet above the elevation of
the address street.
(2) Street Address. All dwelling units in residential districts shall display house numbers,
no less than four inches in height, readable from the street.
(3) Temporary Sale Signs (Garage Sale, Estate Sale, etc.).
(a) May contain up to three square feet per side and may be double -sided.
(b) May be displayed no more than three days prior to the event and shall be
removed 24 hours after the event is completed.
(c) May not be displayed in or on public property.
(d) There shall be no more than two such events advertised with temporary
sale signs for any residence per year.
(e) No such event shall continue for more than six days within a 15-day
period.
(4) Directional Signs.
(a) May contain up to three square feet per side of allowable area and may be
double -sided.
(b) Limited to one sign per ingress and one sign per egress.
(5) Residential Subdivisions and Multiple -Family Development Signs.
(a) One monument sign up to 15 square feet in area per face at each entrance to
the development or a single monument sign up to 32 square feet in area per face per
development.
(b) Directional and informational signs for the convenience of tenants and the
public relative to parking, office, traffic movement, etc.
(c) Sign height not to exceed six feet, measured from the ground to the top of the
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sign.
(6) Real Estate for Sale or Rent Signs. See POMC 16.65.140.
(7) Home Occupation Signs. See POMC 16.65.135.
(8) Churches, Health Care Facilities, or Multi -unit Group Residence Signs.
(a) Shall be limited to monument signs, which are no higher than six feet above
the ground.
(b) Size must comply with subsection (F) (1) of this section.
(9) Conditional Uses. Signs for conditional uses shall comply with residential sign
requirements.
(10) Allowable Combinations of Sign Types.
(a) There shall be no combination of permanent sign types on a single street
frontage.
(b) Total combined area of all exempt signs on any lot on a residential district
shall not exceed three square feet.
(11) Setbacks: No permanent sign shall be located closer than 10 feet to an internal
property line or closer than 10 feet from the right-of-way line unless attached to a fence that meets all
City codes.
(12) Signs which are attached to fences shall not extend higher than the fence.
16.65.100 Tremont Street Corridor Overlay District sign standards.
The purpose of this section is to regulate signs to create a common design theme within the Tremont
Street Corridor Special Overlay District (TRMT). No person shall erect, re -erect, construct, enlarge,
move, improve, remove, convert, or equip any sign or sign structure, or cause or permit the same to
be done without a permit granted through the TRMT permit process.
(1) General Sign Regulations.
(a) No sign or any contrivance shall be devised or constructed so as to rotate,
gyrate, blink or move in any animated fashion.
(b) Internally illuminated signs are prohibited. All signs shall be constructed of
natural materials.
(c) No flags or pennants of any type may be utilized to draw attention to any use
or structure on a permanent basis. Colored flags which contain no written insignias may be
displayed two times a year for periods not to exceed 30 days. NOTE: This does not preclude
national, state, or local flags, pennants, or banners which are displayed in observance of
recognized holidays.
(d) Signage on awnings shall be painted on the awning surface and be restricted
to the awning's flap (variance) or to the end panels of angled, curved, or box awnings.
(e) The identification of each building or store's address in 6 inch high numbers
over the main entry doorway or within 10 feet of the main entry is required.
(f) Corporate painting schemes (e.g. colored stripes, etc.) are considered a form
of advertising and are considered a sign under these guidelines.
(2) Specific Signs Regulations.
Ordinance No. o11-io
Page 6o of 64
(a) Monument signs.
(i) Monument signs shall be measured by a rectangle around the
perimeter, excluding the base. Under no circumstances may the sign exceed six feet
in height or 24 sq. ft. in size, excluding the base. One monument sign is permitted per
each development or lot of record.
(ii) Each monument sign shall be located within a planted landscaped area
which is of a shape and design providing a compatible setting and ground definition,
to a ratio of four (4) sq. ft. of landscaped area for each sq. ft. of sign area (one side
only).
(iii) Monument signs shall be constructed of natural materials, or
appear to be constructed of natural materials, unless inconsistent with the building
architecture.
(iv) Backlit, neon and fluorescent lighted signs are not permitted.
(b) Freestanding Signs.
(i) All tenant signs shall be uniform in size and color. One style of
typeface is preferred.
(ii) The sign area for each tenant on a freestanding sign shall be
proportional to the size of their respective store (large stores have larger signs
compared to smaller stores and smaller signs).
(iii) The number of tenant signs per freestanding sign shall be limited to
the three largest tenants based on floor area. In no case will a freestanding sign
identify more than three tenants.
(iv) A minimum of 10% of the sign area of freestanding signs for large
multi -story buildings or developments should be devoted to identification of the
center or building by address and name.
(v) Shall be placed perpendicular to traffic
(vi) Shall be placed in raised planters with two (2) sq. ft. of landscaped
area per each sq. ft. of sign area whenever possible.
(vii) Shall be constructed of natural materials, unless inconsistent with the
building architecture.
(vii) Backlit, neon and fluorescent lighted signs are not permitted.
(c) Wall signs.
(i) The area around a painted wall sign, logo or any facsimile drawing
attention shall be calculated by measuring a rectangle around the outside of letters or
mural.
(ii) The use of logos, corporate insignias, and corporate colors is
permitted on any wall sign provided that these do not occupy more than 25 % of the
sign area.
(iii) No building signs shall be allowed above the bottom of the second
floor window line (where one exists) except where a multi -story building has a sign
panel just below the roofline for its name or a major tenant's name.
Ordinance No. oii-ro
Page 61 of 69
(iv) The use of a graphic consistent with the nature of the product to be
advertised is encouraged, e.g., hammer symbol for hardware store, mortar and pestle
for a drug store.
(v) Direct and indirect lighting methods are allowed providing they do not
cause harsh or unnecessary glare. The use of can -type box signs with translucent
backlit panels are not permitted on any structures.
(vi) Individual backlit single cut letter signs are allowed.
(vii) Sign colors are required to be compatible with individual building
signs, freestanding and monument signs.
(viii) The use of permanent sale or come-on signs is prohibited. The
temporary use of these signs is limited to 30 days within a 90 day period. Signs
affixed to windows may not occupy more than 20% of the window area. Each
business is permitted a total of not more than 120 days of temporary signs per
calendar year.
(3) Sign Area. The area of a wall sign is calculated as follows:
(a) Single Tenant: One sq. ft. of sign area per lineal bldg. frontage. Not to exceed
50 sq. ft.
(b) Building Identification: One per street frontage. One-half square feet of lineal
building lot frontage. Not to exceed 40 sq. ft.
(c) Multiple Tenants: One per tenant. Not to exceed 10 sq. ft.
(d) Wall Name Plate: One per tenant. Not to exceed 4 sq. ft.
(e) Window Signs are considered wall signs. One per window is permitted; not to
exceed 25% of window area.
16.65.110 Commercial, mixed use, and employment district signs.
In all commercial districts, the following regulations and standards shall apply.
(1) Each business building shall display a street address number identification sign
readable from the street. The minimum height of the street address numbers shall be six inches.
(2) Temporary Signs. Allowed. See POMC 16.65.160.
(3) Directional Signs, such as entrance and exit signs, may contain an allowable area up
to three square feet per side, may be double -sided and are limited to one sign per ingress and one
sign per egress. Directional signs may not contain advertising copy other than the business logo, if
applicable.
(4) Projecting Signs shall not exceed 32 square feet per face; one sign per elevation per
business is permitted; shall not project more than six feet from a building nor within two feet of the
curb line; and shall not extend above the parapet or eaves line.
(5) Freestanding Signs.
(a) In a Commercial and Employment District the maximum height permitted is
twelve feet and the maximum sign area may be equal to one square foot for each lineal foot
of street frontage per sign face, not to exceed 90 square feet.
(b) In a Mixed Use District the maximum height permitted is six feet and the
Ordinance No. oil-ro
Page 62 of 6q
maximum area permitted is equal to one square foot for each lineal foot of street frontage per
sign face, not to exceed 50 square feet.
(6) Wall Signs standards are as follows:
(a) Allowable Area. One square foot for each lineal foot of wall frontage. No
single sign face shall exceed 90 square feet.
(b) No more than one per wall with frontage to a public street or parking area.
(c) No sign shall extend above the parapet or eaves line.
(7) Sandwich Boards/Sidewalk Signs. Must meet the following criteria:
(a) Signs shall not exceed 24 inches by 36 inches.
(b) Signs shall be placed on and directly in front of premises being advertised.
(c) Signs are placed only during hours the business is open.
(d) Signs shall not be placed within the road right-of-way, unless otherwise stated
in Resolution No. 1884. See POMC 16.65.130 regarding downtown Bay Street.
(e) Signs limited to one per street frontage.
(8) Buildings with multiple tenancies shall be limited to one sign per street frontage along
with one per tenant space to be placed immediately adjacent to the business entrance. Businesses
must allow unobstructed sidewalk or walkway width of four feet.
(9) Gas station/convenience store signs must comply with the following standards:
(a) Gas price signs must be permanently anchored and the sign area shall not
exceed 12 square feet and no more than one per street frontage.
(b) Canopy Signage shall not be included in determining the total sign area of a
business, is limited to logo shields and no product advertising is permitted on spandrels,
canopy, or columns.
(10) On any street frontage, the only allowable combinations of signs are:
(a) Wall sign and freestanding sign.
(b) Projecting signs and freestanding sign.
(11) Setbacks. Signs under this section may have zero -foot setbacks.
16.65.120 Downtown Marquee signs.
(1) Abutting property owners can use that portion of the marquee which is within the
extended property lines to advertise those businesses which are located on the subject property. All
marquee signs shall have a building permit to confirm location, design standards, and structural
connection. The City is authorized to relocate or remove any sign on the marquee or in the public
right-of-way that does not conform to City standards. No sign shall advertise a business that is not
located on the abutting Bay Street property. No temporary signs or banners shall be allowed on the
marquee, except those installed by the City. No display of merchandise shall be hung from the
marquee.
(2) Allowable Area for Marquee Signage. One square foot for each lineal foot of wall
frontage. Marquee sign is part of the total usable signage for the site. No single sign face shall exceed
32 square feet. The property owner of a multiple occupancy building will be responsible for the
division of usable signage and signs shall be spaced evenly.
Ordinance No. oil-ro
Page 6,1 of 6e
(3) Design Criteria.
(a) The signs shall be mounted flush to the marquee railing.
(b) The sign is to be centered on the horizontal plane of the marquee and shall not
extend above the top or bottom of the marquee railing face. Sign shall be placed directly in
front of business. Proportional size length to width approximately with ratio of 2:1 minimum.
(c) All signs shall have a professional appearance.
(d) No sign is to have a right angle corner.
(e) Exterior lighting directed from the top portion of the sign is allowed. A
clearance of 14 feet for commercial vehicles must be permitted. The lighting must be
shielded from traffic and avoid undue brightness. See POMC 16.65.080(2). Subject to permit
and design criteria.
(f) Signs under the marquee shall be placed to allow seven feet clearance above
the sidewalk. The sign shall be rectangular in shape, not to exceed six square feet, corner
treatment is as follows, and shall be installed per City standards.
(g) Any movie theater with more than 150 seats is exempt from the standards of
this section, but must meet requirements of POMC 16.65.110.
(h) Changeable letter strips may be added to a marquee sign for those businesses
that pay a state/local admission tax for use of entertainment advertising only.
16.65.130 Downtown business core sandwich/sidewalk signs.
(1) Existing and proposed sidewalk signs are permitted only within the mixed use district,
between Water Street and Harrison Avenue on Bay Street. These signs shall meet the specific
standards and requirements in this section
(2) Sidewalk signs require a sign permit. A copy of the approved sign permit shall be
legibly attached to the underside of the sign at all times.
Any applicant for a sidewalk sign permit shall be required to sign a hold
harmless/indemnification agreement and shall provide evidence that the applicant maintains liability
insurance in an amount as required by the building official naming the City of Port Orchard as an
additional insured. Said coverage shall not be canceled or modified without 30 calendar days prior to
written notice to the building official. Failure to maintain such insurance coverage shall result in
revocation of the permit.
Any applicant for a sidewalk sign permit shall sign a statement that the applicant agrees to
adhere to the standards and requirements set forth in this chapter, and if not, the sign may be
removed by the City and/or the sign permit revoked.
(3) Number, Size and Location. Maximum of one sidewalk sign per business permitted,
including businesses having more than one street frontage. The sign shall be placed in front of and on
the same side of the street as the building or establishment which it advertises.
(a) Buildings with multiple tenants who have access from a common entrance are
permitted one sidewalk sign per building upon which all interior tenants may be advertised.
(b) Maximum size of sidewalk sign shall be six square feet per sign face, witha
maximum of two sign faces per sign.
Ordinance No. orr-ro
Pave 64 of 64
(c) Maximum height of sign shall be 36 inches above the sidewalk, walkway, or
plaza upon which it is placed, and no materials (such as paper, balloons, windsocks, etc.)
may be added to the sign to increase its height. The height of such signs may not be
artificially increased above the allowed maximum by the placement of material underneath.
Maximum width of sign shall be 24 inches.
(d) No sign may be placed in such a way as to reduce the continuous unobstructed
width of a sidewalk or walkway to less than four feet.
(e) No sign may obstruct an entrance to a building or any steps.
(f) No sign may be placed within a required vision clearance triangle, as defined
by this chapter, or within 20 feet of a wheelchair ramp.
(g) No second party advertising shall be permitted on such signs.
(h) Owners are responsible for the removal of their sidewalk sign following
business hours and during periods of strong winds.
(4) Materials. Signs shall be constructed of weather -resistant materials, such as wood,
plastic, or metal. Signs constructed of impermanent materials, including but not limited to cardboard
and paper, are prohibited. No sign shall contain foil, mirrors, bare metal, or other reflective materials,
which could create hazardous conditions to motorists, bicyclists, or pedestrians. No sign may contain
lights of any kind.
16.65.135 Home occupation signs.
(1) The sign shall not exceed four square feet.
(2) The sign shall be set back a minimum of ten feet from the property line, unless sited
on an otherwise permitted fence.
(3) Freestanding and fence mounted signs can be no higher than six feet as measured
from the top of the sign to the ground.
16.65.140 Real estate signs.
All exterior real estate signs must be of a durable material. Only the following real estate signs are
permitted:
(1) Residential for Sale or Rent Signs. Signs advertising residential property for sale or
rent shall be limited to one single -faced or double-faced sign per street frontage. Such signs shall not
exceed four square feet per face, and must be placed wholly on the subject property. Such signs may
be displayed while the property is actually for sale or rent. A sold sign may remain up for 10 days
after the occupancy of residential property.
(2) Residential Directional Signs. Signs advertising an open house and the direction to a
residence for sale or rent shall be limited to three single -faced or double-faced off -premises signs.
Such signs may not exceed four square feet per face. Such signs are permitted only when a real estate
agent or seller is in attendance at the property for sale, and not overnight. Such signs may not be
placed in the public right-of-way, nor shall they be placed on a sidewalk or in any location where
they would cause a public hazard as determined by the police chief and/or building official.
(3) Commercial or Employment for Sale or Rent Signs. Signs advertising commercial or
Ordinance No. oil-io
Paee 65 of 6e
employment property for sale or rent shall be limited to one single -faced or double-faced sign per
street frontage. Signs may be displayed while the property is actually for sale or rent up to one year.
If at that time property is not sold or rented, a permanent sign is required. The signs shall not exceed
32 square feet per face. If freestanding, the signs shall not exceed five feet in height and shall be
located at least 15 feet from any abutting interior property line and wholly on the property for sale or
rent. In applications where constant leasing/rentals occur, a permanent sign may be erected on the
property in accordance with the permanent sign requirements.
(4) Temporary Subdivision Signs. Signs advertising residential subdivisions shall be
limited to one single -faced or double-faced sign per street frontage. Such signs shall not exceed 32
square feet per face and shall not exceed 10 feet in height. They shall be set back at least 10 feet from
any abutting interior property line and shall be wholly on the property being subdivided and sold.
16.65.150 Political signs.
Signs, posters, or bills promoting or publicizing candidates for public office or issues that are to be
voted upon in a primary, general, or special election may be displayed on private property in
accordance with the following restrictions:
(1) Political signs can be posted 120 days before a special election and 60 day prior to the
primary or general elections, and shall be removed within seven days after the election;
(2) Prohibited on Public Property. It is unlawful for any person to paste, paint, affix, or
fasten any political sign on a utility pole or on any public right-of-way, property, building, or
structure.
(3) Responsibility for Compliance. It shall be presumed that any violation of this section
was done at the direction and request of the political candidate and/or campaign director.
16.65.160 Temporary and special events.
Except as otherwise provided below for certain special categories, temporary and special event signs
shall not exceed 32 square feet in area per face. In addition, temporary and special event signs shall
not be allowed without first being requested in writing and reviewed by the building official or his
designee, who may impose conditions of approval.
(1) Construction Signs. Construction signs identify the architects, engineering,
contractors, or other individuals or firm involved with the construction of a building and announce
the character of the building or the purpose for which the building is intended. Such signs may be
displayed only after a building permit is obtained and during the period of construction on the
construction site. Only one such sign is permitted per street frontage. No construction sign shall
exceed 32 square feet per face or 10 feet in height, nor shall it be located closer than 10 feet from an
interior property line. Construction signs shall be removed by the date of first occupancy of the
premises, or upon expiration of the building permit, whichever first occurs.
(2) Grand Opening Displays. Temporary signs, posters, banners, strings of lights, clusters
of flags, blinking lights, balloons, searchlights, and beacons are permitted for a period not to exceed
30 days to announce the opening of a completely new enterprise or the opening of an enterprise
under new ownership. All such signs and materials shall be located on the premises being advertised
Ordinance No.osr-io
Page 66 of 6o
and shall be removed immediately upon expiration of said 30-day period.
(3) Special Sales and Events. Temporary signs, posters, banners, strings of lights, clusters
of flags, balloons, searchlights, and beacons are permitted for the limited purpose of announcing a
retail sale or special event in business or commercial zones, but not on a routine basis. All such
advertising material shall be located on the premises being advertised limited to one per road
frontage per business or multiple occupancy complex and shall be removed immediately upon
expiration of said special sale or event. Such special sale or event shall be limited to a 30-day period.
(4) Quitting Business Sales. Temporary signs, posters, and banners are permitted for a
period of 30 continuous days for the purpose of advertising quitting business sales, liquidation sales,
or other events of a similar nature. All such signs shall be located on the premises being advertised
and shall be removed immediately upon expiration of the 30-day period, or conclusion of the sale,
whichever occurs first.
(5) Seasonal lighting shall be permitted on the downtown marquee and over the street for
a period of 30 days.
(6) Product Advertising Signs. A banner whose primary objective is to advertise a
specific product or brand name and is located outside the business building shall be limited to 30
days per product and/or sign every six months.
16.65.180 Nonconforming signs.
(1) Signs existing on the date of adoption of the ordinance codified in this chapter, which
do not conform to the specific provisions of this section, shall be deemed to be legal nonconforming
signs which are exempt from the provisions of this section only on the following conditions:
(a) The sign was lawfully erected in full compliance with all codes which were
then applicable.
(b) The sign does not endanger the public health, safety, or welfare.
(c) The sign does not lose its nonconforming status as provided in subsection (2)
of this section; provided, that nonconforming status shall not apply to temporary, special
event, real estate, or portable signs, or to any sign on public right-of-way; provided further,
that portable reader board signs which meet the nonconforming criteria specified in
subsection (1) of this section shall be granted a phase -out period of 12 months from the
adoption of the ordinance codified in this chapter or until they lose their nonconforming
status as provided in subsection (2) of this section, whichever occurs first.
(2) A legal nonconforming sign may lose said designation if any of the following occur:
(a) If the sign is not continuously maintained and repaired as required by POMC
16.65.080.
(b) If the sign structure is relocated or replaced (not to include a mere change of
advertising copy).
(c) If the structure or size of the sign is altered in any way to make it more
nonconforming with the provisions of this section. This does not refer to a change of copy or
normal maintenance.
Ordinance No. oil-io
Paee 67 of 6o
(d) If the sign suffers more than 50 percent appraised damage or deterioration.
(3) A sign permit shall not be issued if the application requests a nonconforming sign to
be modified, enlarged, extended, constructed, reconstructed, moved, or structurally altered in such a
manner that would continue to keep the sign out of conformance with this chapter.
(4) The owner may continue using the nonconforming sign for a period determined by
use of the table contained in this section. At the expiration of any such period, the owner shall at
his/her expense either remove the sign and its' supporting members or modify or replace it so as to
bring it into compliance with the requirements and standards of this chapter. As used in the table,
time limitation means the period which begins to run when the building official mails notice of the
valuation of the sign to the owner of real property on which it is situated, as disclosed by the most
recent county assessor's rolls. The value of sign means the valuation determined by the building
official, who may consider evidence of the sign's original cost, replacement cost, salvage value,
adjusted basis for income tax purposes and fair rental value, to the extent such evidence is available.
The owner may appeal to the City Council. Such appeal shall be filed within 60 days of the building
official's notice and shall present evidence that the sign was in accordance with the requirements of
the municipal code in force at time the sign was erected.
Value of Sin
Time Limitation
$1,000 or less
One year
More than $1,000, but less than $10,000
Three years
$10,000 or more
Five years
(5) The owner may appeal to the Building Appeal Board. Such appeal shall be filed
within 14 days of the date of the building official's notice. The burden of proof shall be on the
appellant to establish that the sign was in compliance with City codes that were in force at the time
the sign was erected, re -erected, or otherwise altered.
16.65.190 Comprehensive design plan permits.
Application may be made to the Hearing Examiner for special consideration whereby deviations
from the requirements and restrictions of this chapter may be permitted when an applicant is using a
comprehensive design plan to integrate signs into the framework of the building or buildings,
landscaping, and other design features of the property, utilizing an overall design theme.
Comprehensive design may be used on an existing building where the facade is being altered, when
there is new construction, or in freestanding signs. These permits are not to be confused with the
procedures for obtaining variances for hardship or unusual circumstances. Rather, these permits are
based upon the applicant satisfying the Hearing Examiner that an exceptional effort has been made
toward creating harmony between the sign, the building, and the site where it is located through use
of a consistent design theme which complements and enhances surrounding natural beauty of the
area. The comprehensive design plan shall be presented to the Hearing Examiner with a narrative
describing the proposed plan.
Ordinance No. oii-io
Page 68 of 6q
(1) Comprehensive design plan permits criteria. The Hearing Examiner shall assess the
applicant's information using the following criteria:
(a) The proposal manifests exceptional visual harmony between the sign,
buildings, and other components of the subject property through the use of a consistent
design theme.
(b) The sign or signs promote the planned land use in the area of the subject
property and enhance the aesthetics of the surrounding area.
(c) The sign and its placement do not obstruct or interfere with any other sign or
property in the area or obstruct natural scenic views.
(d) The proposed plan is aesthetically superior to what could be installed under
existing criteria in this chapter.
16.65.200 Variances.
(1) Variance applications shall be processed pursuant to the procedures for zoning
variances specified in POMC 16.35.150.
(2) Variances for height of signs in a residential district, POMC 16.65.090, may be
processed as an administrative variance by the Planning Director.
16.65.210 Enforcement procedures.
(1) The building official or his designee shall have jurisdiction to administratively
enforce the provisions of this chapter. Upon presentation of proper credentials, the building official
or his duly authorized representative may, at all reasonable times enter upon any premises to inspect
the same for violations of this chapter. All signs for which a permit is required are subject to periodic
inspection by the Code Enforcement Officer.
(2) The building official may use the following administrative methods of enforcing the
provisions of this chapter:
(a) In cases where the building official determines that a sign presents an
immediate threat to the safety of the public, or a sign is unlawfully located on public
property, the building official may order the sign to be immediately removed by the owner or
by the City at the owner's cost.
(b) In cases where a sign is erected or installed without a permit in violation of
this chapter, the building official shall give written notice by certified mail to the owner to
comply with the provisions of this chapter or remove the sign within 48 hours. If compliance
within 48 hours is not obtained, the building official may order the sign to be removed by the
owner or by the City at the owner's cost. These 48 hours serve as the administrative warning
period.
(c) In all other cases where the building official identifies a violation of any
provision of this chapter, he shall give 10 days' notice, in writing by regular and certified
mail, to the owner to bring the sign into compliance with this chapter or to remove it. Upon
failure to comply with said notice, the building official may issue a civil infraction and order
the sign removed by the owner or by the City at the owner's cost.
Ordinance No. oil-io
Page 69 of 6o
(3) As used in this section, the term "owner" shall refer to the owner of the sign in
question; provided, that if the building official is unable, after reasonable efforts, to determine the
identity of the owner of the sign, the building official may notify, instead, the owner of the real
property on which the sign is located, and may rely upon the name and address of such owner as it
appears in the records of the Kitsap County assessor.
16.65.230 Violations — penalties.
After the administrative warning period referred to in POMC 16.65.210(B)(2) has expired, any
person, business, or corporation violating a provision of this chapter shall be construed as having
committed a civil infraction and, upon a finding of liability, shall pay a civil penalty of not more than
$250.00. Each day a violation exists shall be considered a separate infraction. Any person, firm, or
corporation interfering with the Code Enforcement Officer's enforcement of this chapter may be
cited under the City's criminal code for the offense of obstructing a public officer.
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 June 22, 2010.
ORDINANCE NO. on-io
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
THE PORT ORCHARD MUNICIPAL CODE TITLE 16, CHAPTERS 16.o8,
DEFINITIONS AND 16.65 SIGN REGULATIONS
Copies of Ordinance No. 011-10 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. 011-10 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
July 2, 2010