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010-09 - Ordinance - Repealing and Amending Sections Related to Land Use Regulatory CodeIntroduced by: Development Director Requested by: Development Director Drafted by: City Attorney Introduced: December 22, 2009 Adopted: December 22, 2009 ORDINANCE NO. olo-o9 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING PORT ORCHARD MUNICIPAL CODE CHAPTERS 5.99, 16.04, 18.30, 18.94, AND 18.96; AND AMENDING THE PORT ORCHARD MUNICIPAL CODE TITLE 16 CHAPTERS BY ADOPTING NEW CHAPTERS 16.07 "PERMIT PROCESSING" AND 16.38 "HOME BUSINESSES"; AND AMENDING CHAPTERS 16.o1, 16.05, 16.o6, 16.o8, 16.12, 16.13, 16.20, 16.30, 16.35, 16.40, 16.50, AND 16.72 WHEREAS, the City Council has undertaken a comprehensive review of the Zoning Code and Development Regulations in order to amend the integrated set of documents that are internally consistent and user friendly; and WHEREAS, the Ma.vor, City Council, and staff have held a series of special meetings over a period of months, which meetings were properl,, noticed and open to the public, to prepare an integrated set of documents known as the 2009 Land Use Regulatory Code Update; and WHEREAS, pursuant to RCW 36.7oA.ro6, a draft of the 20o9 Land Use Regulatory Code Update was provided to the Washington Department of Commerce for its review and comment and the Department has granted expedited review; and WHEREAS, on September 25, 2009 the City's SEPA official issued a Determination of Non -Significance; and WHEREAS, the Planning Commission have held a series of meetings over a period of months, including January 26th, February 23rd, March 23rd, and April 20, 2009, which meetings were properly noticed and open to the public, to prepare an integrated set of documents known as the 20o9 Land Use Regulatory Code Update; and WHEREAS, at a meeting held April 20, 2009 the Planning Commission reviewed the proposed Land Use Regulatory Code and provided the Council with its recommendation; and WHEREAS, after proper notice, the City Council held a public hearing, on November 24, 2ooq and received written and oral comment from meri bens of the public regarding the provisions of the proposed Land Use Regulatory Code; anti. Ordinance No.olo-o9 Page 2 of 138 WHEREAS, after considering input from the Planning Commission and the public, the City Council finds that the 2oo9 Land Use Regulatory Code Update serves the public health, safety, and general welfare of the citizens of Port Orchard; and WHEREAS, the City Council also finds that the 2oog Land Use Regulatory Code Update is consistent with the goals and policies of the City's Comprehensive Plan and with the Growth Management Act, Chapter 36.7oA RCW; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1.Repealer. The following Port Orchard Municipal Code chapters are hereby repealed in their entirety: A. Port Orchard Municipal Code Chapter 5.99 "Home Businesses." B. Port Orchard Municipal Code Chapter 16.04 "Subdivisions." C. Port Orchard Municipal Code Chapter 18.30 "Reimbursement of Costs for Review and Processing of Land Use Applications." D. Port Orchard Municipal Code Chapter 18.94 "Design Review Process." E. Port Orchard Municipal Code Chapter 18.96 "Downtown Overlay District." SECTION 2. The Port Orchard Municipal Code Title 16 "Land Use Regulatory Code" is hereby amended by adding a new Chapter 16.07 "PERMIT PROCESSING" as shown in Exhibit A attached hereto and incorporated by this reference. SECTION 3. The Port Orchard Municipal Code Title 16 "Land Use Regulatory Code" is hereby amended by adding a new Chapter 16.38 "HOME BUSINESSES" as shown in Exhibit A attached hereto and incorporated by this reference. SECTION a. The Port Orchard Municipal Code Title 16 "Land Use Regulatory Code" Chapters 16.o1, 16.05, 16.o6, 16.o8, 16.12, 16.13, 16.20, 16.30, 16.35, 16.40, 16.5o, and 16.72 are hereby amended as shown in Exhibit A attached hereto and incorporated by this reference. SECTION 5. All amendments to Title 16 relating to the adoption of the new Business Professional zone shall not take effect until the City adopts a land use table which details the uses permitted within the Business Professional zone. The adoption of this land use table is anticipated for early 2010. Until such time as the land use table is adopted and effective for the Business Professional zone the pre -amendment zoning shall control. SECTION 6. Savings Clause. The Port Orchard Municipal Code Chapters Ordinances listed in Section 1, above, which are repealed by this Ordinance, shall remain in force and effect until the effective date of this Ordinance. Ordinance No.oio-o9 Page 3 of 138 SECTION 7. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 8. This ordinance shall be in full force and effect five (5) days after posting and publication as required bylaw. A summary of this Ordinance maybe published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the and attested by the Clerk in authentication of such passage this 22nd day of De( 2009. -;p 0 Patricia Kirkpatrick,"CMC, City Clerk APPROVED AS TO FORM: i Sponsored by: 2.�� Robert Putaansuu, Councilman Exhibit A Ordinance No. 010-09 Page 4 of 138 TITLE 16 LAND USE REGULATORY CODE Chapters: 16.01 General Provisions. 16.05 Comprehensive Plan and Amendments. 16.06 Administration of Land Use Regulations. 16.07 Permit Processing 16.08 Definitions. 16.12 Zoning Map. 16.13 Zoning Districts. 16.20 Property Specific Designations — Overlay Districts. 16.25 Rezoning. 16.30 General Land Use Requirements —Tables. 16.35 Conditional Uses, Non -conforming Uses, Temporary Uses and Variance. 16.38 Home Businesses 16.40 Common Development Standards. 16.45 Parking Standards. 16.50 Landscape Standards. 16.55 Design Guidelines. 16.60 Concurrency. 16.65 Sign Regulations. 16.70 Impact Fees- General Provisions. 16.72 Subdivisions. 16.80 Low Impact Development - Alternative Development Regulations. Exhibit A Ordinance No. 010-09 Page 5 of 138 Chapter 16.01 General Provisions Sections: 16.01.010 Title of ordinance. 16.01.020 Purpose. 16.01.021 Authority of City Officials, Planning Commission, Hearing Examiner, and City Council. 16.01.025 Violations defined. 16.01.027 Permit suspension, revocation or modification. 16.01.030 Conformance of buildings and uses. 16.01.040 Interpretation. 16.01.050 Use of Standard Industrial Classification (SIC). 16.01.070 Fees for applications and permits. 16.01.010 Title of ordinance. The Port Orchard Municipal Code Title 16 shall be known and may be cited as the "Land Use Regulatory Code." (Ord. 046-07§2, 2007) 16.01.020 Purpose. (1) This title establishes comprehensive land use zoning regulations for the City in accordance with the provisions of Chapter 35,63 RCW. It is the declared purpose of the City Council in adopting the Land Use Regulatory Code to serve the public health, safety and general welfare, to provide the economic and social advantages resulting from an orderly planned use of land resources, and to conserve and restore natural beauty and other natural resources. (2) The Land Use Regulatory Code shall be the basis for designating land use zones, applying development requirements, and guiding development in areas presently outside the City but which may be annexed subsequent to the adoption of the ordinance. It is to be used as a guide by other governmental agencies when taking action within the City's urban growth area (UGA). (Ord. 046-07§2, 2007) 16.01.021 Authority of City Officials, Planning Commission, Hearing Examiner, and City Council. (1) The City Council shall have authority to: (a) hold public hearings and make decisions on annexations, conditional use permits in the downtown overlay district, comprehensive plan amendments, rezones, and any appeals of decisions made by the Hearing Examiner as specified in this code; and (b) except for other agencies with authority to implement specific provisions of the Land Use Regulatory Code, to issue official interpretations of this title. (2) The Planning Commission shall have the authority to make recommendations to the City Council whether to grant, condition or deny applications for comprehensive plan amendments.. (3) The Hearing Examiner shall have the authority to conduct open record appeal hearings for administrative permits and to grant, condition or deny applications for project permits except those specifically reserved for City Council decision or designated as an administrative review permit. This authority shall include but not be limited to decision making authority for decisions rendered in accordance with Chapter 43.21 C RCW and permits for conditional use, preliminary subdivision, planned residential development districts, variances, shoreline substantial development, shoreline conditional use, shoreline nonconforming use, Exhibit A Ordinance No. 010-09 Page 6 of 138 shoreline variance and comprehensive sign design plan permits.. If an open record public hearing is required, it shall be held before the Hearing Examiner, unless a code provision specifically states otherwise. On preliminary subdivisions, conditional uses other than in the Downtown Overlay District, and administrative appeals, the Hearing Examiner's decision is final, subject to a closed record appeal to the Council. On rezone applications that are not part of the Comprehensive Plan Amendment process set forth in POMC Chapter 16.04, the Hearing Examiner shall conduct the open record hearing and make findings, conclusions and recommendations to the City Council, who will then conduct a closed record hearing and make the final decision. (4) The City Engineer shall have the authority to: (a) Make decisions on boundary line adjustments and preliminary site plan/design reviews; (b) grant, condition or deny grading and clearing permits. (5) The Development Director, as the duly authorized representative of the Mayor, is charged with the responsibility of carrying out and official interpretation of the provisions of the shorelines regulations, comprehensive plans, and zoning code. The Development Director shall issue administrative, temporary use, and to grant condition, or deny building permits. The Development Director shall serve in an advisory capacity to the Council and Planning Commission in comprehensive planning and zoning matters. (6) The Office of the Building Official is established to administer and enforce building and construction codes. (Ord. 046-07§2, 2007) 16.01.025 Code Compliance defined. No building permit or land use approval in conflict with the provisions of the Land Use Regulatory Code shall be issued. Structures or uses which do not conform to the Land Use Regulatory Code, except legal nonconformance as specified herein and approved variances, are violations subject to the enforcement, penalty, and abatement provisions of this code, including but not limited to: (1) Establishing a use not permitted in the zone in which it is located; (2) Constructing, expanding or placing a structure in violation of setback, height, and other dimensional standards; (3) Establishing a permitted use without complying with applicable development standards set forth in other codes, regulations, ordinances, rules or other laws, including but not limited to road construction, surface water management, fire codes, and rules of the Department of Public Health; (4) Failing to carry out or observe conditions of land use or permit approval including contract development standards of property -specific agreements; (5) Failing to secure required land use or permit approval prior to establishing a permitted use; and (6) Failing to maintain site improvements, such as landscaping, parking or drainage control facilities as required in this code or other ordinances. (Ord. 046-07§2, 2007) 16.01.026 Penalties. When the code enforcement officer determines that a violation of POMC 16,01.025 has occurred or is occurring the enforcement officer may institute any of the following options. (1) Subject to the provisions of Chapter 2.64 POMC, any business, property owner, and/or other person who violates the standards set forth in this code or the more stringent standards imposed by the City Engineer, Hearing Examiner, Planning Exhibit A Ordinance No. 010-09 Page 7 of 138 Commission, and/or City Council as allowed herein, shall be guilty of a civil infraction. (2) In addition to any remedy provided for in this Chapter and Chapter 2.64 POMC„ the code enforcement officer may issue a stop work order and/or notice to vacate. Any person removing such sign without the permission of the proper authority shall be guilty of a misdemeanor. (3) In addition to any remedy provided for in this Chapter and Chapter 2,64 POMC, the City shall also have the right to abate any violation of this code by seeking injunctive relief in the Kitsap County Superior Court. The Business, property owner, and/or other person responsible for the violations shall be required to pay all the city's legal costs including reasonable attorney's fees. 16.01.027 Permit suspension, revocation or modification. Any permit, variance, or other land use approval issued by the City pursuant to this code may be suspended, revoked or modified on one or more of the following grounds: (1) The approval was obtained by fraud; (2) The approval was based on inadequate or inaccurate information; (3) The approval, when given, conflicted with existing laws or regulations applicable thereto; (4) An error of procedure occurred which prevented consideration of the interests of persons directly affected by the approval; (5) The approval or permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, law or regulation; (6) The use for which the approval was granted is being exercised in a manner detrimental to the public health or safety. (Ord. 046-07§2, 2007) 16.01.030 Conformance of buildings and uses. After the effective date of this title, no structure shall be erected, reconstructed, altered, enlarged or relocated, and no building, structure or premises shall be used in any zone except in compliance with the provisions of this title and then only after securing all required permits. (Ord. 046-07§2, 2007) 16.01.040 Interpretation. (1) Regulations, conditions or procedural requirements that are specific to an individual land use shall supersede regulations, conditions, or procedural requirement of general application. (2) A permitted land use includes the necessary structures to support the use unless specifically prohibited and/or unless the context clearly indicates otherwise. (3) In case of any ambiguity, difference of meaning or implication between the text and heading, caption, or illustration, the text and the permitted use tables shall control. All applicable requirements shall govern a use whether or not they are cross-referenced in a text section or land use table. (4) The word "shall' is mandatory, the word "should" is advisable, and the word "may" is discretionary; as further defined in Chapter 16.08 POMC. (5) If two or more code sections dealing with the same subject matter pertain to a specific parcel of property, then the most stringent or specific provisions shall control, except in cases in which subsection (6) applies. (6) If the provisions of POMC chapter 16.20 apply to a specific parcel then the applicable provisions of POMC chapter 16.20 shall control in case of conflict with any other code provisions. If two or more overlay districts apply to a specific property then the most Exhibit A Ordinance No. 010-09 Page 8 of 138 recently adopted or restrictive provision shall control, unless the overlay district provisions specifically gives a different order of priority. (Ord. 046-07§2, 2007) 16.01.050 Use of Standard Industrial Classification (SIC). (1) All references to the Standard Industrial Classification (SIC) are to the classification system found in the Standard Industrial Classification Manual, 1987 edition, prepared by the United States Office of Management and Budget. The SIC is used with modifications to suit the purposes of this title and to list and define land uses authorized to be located in the various zones. (2) The SIC categorizes each land use under a general 2-digit major group number, or under a more specific 3 or 4-digit industry group or industry number. A use shown on a land use table with a 2-digit number includes all uses listed in the SIC for that major group. A use shown with a 3 or 4-digit number includes only the uses listed in the SIC for that industry group or industry, respectively, and the uses so listed are excluded from the respective major group. (3) An asterisk (') in the SIC number column of a land use table means that the SIC definition for the specific land use identified has been replaced by a definition in this document. The definition may include one or more SIC sub -classification numbers, or may define the use without reference to the SIC. (4) The Planning Commission shall determine whether a proposed land use not specifically listed in a land use table or specifically included within a SIC classification is allowed in a zone. The Planning Commission's determination shall be based on whether or not permitting the proposed use in a particular zone is consistent with the purposes of this title and considering the following factors: (a) The physical characteristics of the use and its supporting structures, including but not limited to scope, traffic, and other impacts, and hours of operation. (b) Whether or not the use complements or is compatible with other uses permitted in the zone. (c) The SIC classification, if any, assigned to the business or other entity that will carry on the primary activities of the proposed use. (Ord. 046-07§2, 2007) 16.01.070 Fees for applications and permits. No permit shall be issued, application accepted, or appeal filed, without payment of the applicable fee as established in the City's fee resolution. (Ord. 046-07§2, 2007) Exhibit A Ordinance No. 010-09 Page 9 of 138 Chapter 16.05 Comprehensive Plan Amendments Sections: 16.05.010 Purpose. 16,05.020 Comprehensive plan - annual amendment - exceptions. 16.05.030 Types of comprehensive plan amendments. 16.05.040 Application and criteria. 16.05.050 Amendments - initiation. 16.05.060 Comprehensive Plan amendment agenda process. 16.05.070 Plan amendment process. 16.05.080 Public notification. 16.05.010 Purpose. This chapter provides for a unified process for amending the City of Port Orchard's comprehensive plan ("comprehensive plan") on an annual basis as required by law. (Ord. 046- 07§2, 2007) 16.05.020 Comprehensive plan - annual amendment - exceptions. (1) The comprehensive plan of the City of Port Orchard is the current or any future plan adopted pursuant to Chapter 36.70A RCW (the "Growth Management Act"). The comprehensive plan includes all subsequent annual amendments. (2) Proposed amendments to the comprehensive plan shall be processed pursuant to this chapter. (3) RCW 36.70A.130 allows annual amendment of the comprehensive plan; except that amendments to the comprehensive plan may be considered more frequently to address the following: (a) Resolution of an emergency condition or a situation that involves public health, safety or welfare; and when adherence to the annual amendment process would be further detrimental to public health, safety or welfare; (b) Initial adoption of an identified sub area plan designed to comply with the Growth Management Act and to be consistent with the City's comprehensive plan; (c) An appeal of the plan filed with the Growth Management Hearings Board or with the court; (d) The adoption or amendment of a shoreline master program under Chapter 90.58 RCW; (e) An amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the City's budget; (f) Adoption of comprehensive plan designation(s) associated with an annexation and occurs in conjunction with the adoption of the City budget; intended to take effect upon annexation, or another date specified; or (g) Resolution by decision of an administrative agency, or court of competent jurisdiction. (4) Upon request of the applicant, a determination of an exception to the annual amendment process shall be made by the City Council after recommendation by the planning commission. (Ord. 046-07§2, 2007) 16.05.030 Types of comprehensive plan amendments. (1) Site -Specific Comprehensive Plan Amendments. Proponents of land development projects and/or property owner(s) or their authorized representative(s) may file an application for a proposed amendment to the comprehensive plan relating to a site -specific or Exhibit A Ordinance No, 010-09 Page 10 of 138 project specific proposal affecting the official map of comprehensive plan land use designations. Site -specific proposals must be filed concurrently with an application for a rezone for the subject site. (2) City -Wide Comprehensive Plan Amendments. Proposals that broadly apply to the goals, policies and implementation strategies of the comprehensive plan, rather than amendments designed to address site -specific issues of limited applicability. These are typically suggestions for changes to the comprehensive plan text. (Ord. 046-07§2, 2007) 16.05.040 Application and criteria. (1) Applications for comprehensive plan amendments shall be submitted to the Planning Department on a form provided by the City. Each application for a comprehensive plan amendment shall require the following: (a) A detailed description of the proposed amendment in non -technical terms. (b) An official, complete Port Orchard comprehensive plan amendment application that includes: (i) Name and address of applicant; (ii) Description of proposed plan amendment and associated development proposals (if applicable). Project -related amendments shall include plans, information and/or studies that accurately depict existing and proposed use(s) and improvements. Proposed plan amendments that do not specify proposed use(s) and potential impacts will be assumed to have maximum impact to the environment, and public facilities and services; (III) Map (if appropriate) showing area(s) affected by proposed plan amendment; and (iv) Application and public notice fee as determined by the City's fee schedule. (c) If requesting an amendment to the future land use map, a site plan that is accurate, legible and drawn to scale that provides the following: (i) The existing dimensions and lot size, proposed dimensions and lot size; (ii) Identify adjacent streets, existing and proposed access; (ill) Identify existing and proposed structures and distances to property lines; (iv) Location of proposed alterations or improvements; (v) Location of any critical areas and their buffers on or near the site; (vi) Location of any open space or preservation areas; (vii) Location of any significant trees; (viii) If possible, locate drainage channels, sewer and water lines; (ix) Identify existing and proposed easements; and (x) Elevation plans, if applicable. (2) Before an amendment to the comprehensive plan is approved, the following minimum requirements must be met: (a) All proposed comprehensive plan amendments: (i) Shall be consistent with the overall goals and intent of the comprehensive plan; and (ii) Shall be consistent with the Growth Management Act and other applicable law; and (iii) Must be weighed in light of cumulative effects of other amendments being considered. (b) City-wide comprehensive plan amendments: Exhibit A Ordinance No. 010-09 Page 1 1 of 138 0) Shall not adversely affect public health, safety, or welfare in any significant way; and (ii) Shall address needs or changing circumstances of the City as a whole or resolve inconsistencies between the City of Port Orchard comprehensive plan and other City or other jurisdictions" plans or ordinances; and (iii) All known environmental impacts must be disclosed and/or measures must be included that reduce possible adverse impacts. (c) Site -specific or project -specific comprehensive plan amendments: (i) Shall be consistent with the land uses and growth projections which were the basis of the comprehensive plan or to subsequent updates to growth allocations; and (ii) Shall be compatible with neighboring land uses and surrounding neighborhoods; and (iv) Shall not cause adverse impacts to public services or facilities, or, if applicable, other properties in the vicinity, unless such impacts are reasonably mitigated; and (v) Any proposed rezone must meet the criteria of POMC 16.25.060, (Ord. 046-07§2, 2007) 16.05.050 Amendments - initiation. (1) The City Council, the mayor, or the planning commission may direct the Development Director to prepare an application for a comprehensive plan amendment. The Development Director is authorized to initiate the process for annual amendments to the comprehensive plan. The Development Director may initiate the process for annual amendments to the comprehensive plan on behalf of a private party that has filed a completed application consistent with the criteria established in POMC 16.05.040. (2) The Development Director may prepare implementing development regulations to accompany any proposed comprehensive plan amendments. (3) The Development Director shall docket and process each application as provided herein. (Ord. 046-07§2, 2007) 16.05.060 Comprehensive Plan Amendment agenda process. The Development Director shall prepare and administer a preliminary Comprehensive Plan Amendment agenda listing each application and containing written comments on proposed comprehensive plan amendments. Any interested party, including applicants, citizens and government agencies, may submit items to the Comprehensive Plan amendment process agenda. (1) All comprehensive plan amendment applications must be completed and submitted to the planning department by 5:00 p.m. on June 15th, of any year in order to be considered during that year' s amendment process. Completed applications that are received after the submission date will be placed on the Comprehensive Plan amendment agenda for the following calendar year. Applications that are incomplete will be returned to the applicant. (2) By July 15th of each year, the Development Director shall compile and maintain for public review a recommended final Comprehensive Plan amendment agenda for or site - specific amendments and for City-wide amendments, including any proposed development regulations necessary to implement such amendments. The Planning Director shall base these docket recommendations on a preliminary evaluation of the need, urgency, and appropriateness of the suggested comprehensive plan amendment as well as the planning department staff and budget availability to accommodate the public review process. Exhibit A Ordinance No. 010-09 Page 12 of 138 (3) The Development Director shall provide notice of the recommended final Comprehensive Plan amendment agenda as provided in POMC 16.05.080. (4) The Development Director shall provide the recommended final Comprehensive Plan amendment process agenda of project -specific amendments and City-wide comprehensive plan amendments, along with a brief description of each suggested plan amendment to the City Council for review and consideration. The City Council, after considering the Development Director' s recommended final Comprehensive Plan amendment agenda , shall adopt the final Comprehensive Plan amendment agenda for the current year plan amendment cycle no later than June 1 st of each year. (Ord. 046-07§2, 2007) 16.05.070 Plan amendment process. Upon adoption of the final Comprehensive Plan amendment agenda , the annual comprehensive plan amendment process shall be consistent with the general process and schedule for applications as described in POMC 16.05.060. The Planning Commission shall make its recommendation, by resolution, to the City Council prior to September 15th of the current year. The City Council shall make a final decision on each proposed amendment by December 15th of the current year. (Ord. 046-07§2, 2007) 16.05.080 Public notification. (1) Upon receipt of each application for a comprehensive plan amendment, the Development Director will provide public notice as provided in POMC 16.06.060 to encourage maximum citizen participation. Additionally, general public notice shall be given at least 60 days prior to the comprehensive plan amendment application deadline to inform the public of the annual plan amendment process, the deadline for plan amendment suggestions and applications and how to obtain additional information. (2) When the council considers a change to an amendment to the comprehensive plan or development regulation, and the change is proposed after the opportunity for review and comments has concluded, an additional opportunity for review and comment on the proposed change shall be provided before the council votes on the proposed change. (3) An additional opportunity for public review and comment is not required if: (a) An environmental impact statement has been prepared under Chapter 43.21 C RCW for the pending ordinance, and the proposed change is within the range of alternatives considered in the environmental impact statement; (b) The proposed change is within the scope of the alternatives available for public comment; (c) The proposed change only corrects typographical errors, corrects cross- references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect; (d) The proposed change is to an ordinance making a capital budget decision as provided in RCW 36.70A.120; or (e) The proposed change is to an ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390. (Ord. 046-07§2, 2007) Exhibit A Ordinance No. 010-09 Page 13 of 138 Chapter 16.06 Administration of Land Use Regulations Sections: 16.06.010 Purpose. 16.06.020 Decision making authority 16.06.030 Applicability. 16.06.035 Review process and process exemptions 16.06.040 Pre -application requirements. 16.06.050 Complete applications. 16.06.060 Notice of application. 16.06.065 Notice of decision. 16.06.070 Time periods - notice of decision. 16.06.071 Time periods - notice of hearings, appeals and informational meetings. 16.06.072 Time periods -filing appeals. 16.06.090 Consistency with development regulations and SEPA/consolidated permit review. 16.06.100 Permit conditions. 16.06.110 Optional consolidated permit processing. 16.06.010 Purpose. The purpose of this chapter is to describe permitting processes procedures that are concise and will comply with the requirements of the Regulatory Reform Act. (Ord. 046-07§2, 2007) 16.06.020 Decision making authority. The authority of the City Staff, Hearing Examiner, Planning Commission and City Council relating to the Land Use Regulatory Code is set forth in section 16.01.021. (Ord. 046-07§2, 2007) 16.06.030 Applicability. This chapter serves to implement the Port Orchard Land Use Regulatory Code, shoreline master plan regulations, critical area ordinance regulations, engineering standards and the site development regulations. The regulations identified in this chapter apply to all land use applications except those excluded in POMC 16.06.035(4). The provisions in this chapter shall control, unless a specific code section dealing with a specific type of permit, sets forth other time limits, and/or procedures for the applicable permit. (Ord. 046-07§2, 2007) 16.06.035 Review process and process exemptions (1) Administrative Review. Administrative review is used when processing applications for administrative permits including, but not limited to, administrative zoning variances, administrative conditional use permits, minor amendments, home occupation permits, home profession permits, sign permits, building and construction permits, site development permits, right-of-way permits, lot consolidation, boundary line adjustments, code interpretations, short plats, short plat alterations, short plat amendments, administrative critical areas variance and temporary uses. Administrative review shall be subject to the application requirements time periods, consolidated permit processing and the notice of decision provisions of this chapter. If an administrative decision is appealed, the open record hearings, notice of public hearings, joint public hearings, and the closed record appeal provisions of this title shall apply. In case of short plat reviews the provisions of the subdivision code and Chapter 58.17 RCW shall also apply. Exhibit A Ordinance No. 010-09 Page 14 of 138 (2) Hearing Examiner Review. Unless otherwise stated, Hearing Examiner review shall be subject to application requirements, complete application, time periods, consistency with development regulations and SEPA, permit conditions, consolidated permit processing, open record hearings, notice of public hearings, joint public hearings, notice of decision, and the closed record appeal provisions of this chapter. (3) City Council Review. Where the City Council is exercising it authority as a quasi- judicial decision making body (e.g., Conditional use permits in the Downtown Overlay District, appeals of a hearing examiner decision), its review shall be subject to the applicable provisions of this chapter relating to the particular decision making authority being exercised, including the application requirements, complete application, time periods, consistency with development regulations and SEPA, permit conditions, consolidated permit processing, open record hearings, notice of public hearings, joint public hearings, notice of decision, and the closed record appeal provisions of this chapter. (4) Exemptions. The following are exempt from the provisions of this chapter unless otherwise specified: (a) Legislative decisions, including zoning code text and area wide zoning district amendments, adoption of development regulations and amendments, area wide rezones to implement new City policies, adoption of comprehensive plan and plan amendments, and annexations; (b) Final plat approval pursuant to RCW 58.17.170; (c) Landmark designations; (d) Street vacations; (e) Street use permits; and (f) Boundary line adjustments, lot aggregations, right-of-way permits, building permits, site development permits, sign permits, and other construction permits or similar administrative approvals which are categorically exempt from environmental review under the State Environmental Policy Act (SEPA) or for which environmental review has been completed in connection with other project permits, are exempt from the following procedures: (i) Determination of completeness; (ii) Notice of application; (iii) Optional consolidated project permit processing; (iv) Joint public hearings; N Staff reports; (ii) Notice of decision; and (vii) Time limitations. (Ord. 046-07§2, 2007) 16.06.040 Pre -application requirements. (1) Pre -application Meeting. The pre -application meeting is between department staff and a potential applicant for permit to discuss the application submittal requirements and pertinent fees. A pre -application meeting is required prior to submittal of an application requiring a hearing before the hearing examiner or the City Council. (2) Technical Review Conference. The technical review conference is a process designed to define those items of department review which, if not specifically addressed might result in delays or technical difficulties during the permit processing. A technical review conference may be requested by the City when the complexity of a proposal requires additional information or input from the applicant or City staff. Representatives from various departments and an applicant for a project permit will discuss specific detailed requests for the proposed project and the Citys's regulatory process. A technical review conference may be scheduled at the request of the applicant. Exhibit A Ordinance No. 010-09 Page 15 of 138 (3) Community Meeting. Following the pre -application meeting and before submitting an application, where required by the Land Use Regulatory Code or upon the applicant request, the applicant shall conduct a community meeting on a weekday evening to solicit input and suggestions from the community. A member of the planning staff shall attend to provide regulatory and municipal code information. Notice of the community meeting shall be made by the applicant by sending a written notice, addressed through the United States mail, to all property owners of record within a radius of 300 feet, but not less than two parcels deep, around the exterior boundaries of the subject property. Notice of the community meetings shall be given at least 14 days prior to the meeting. Additional notice shall be given in accordance with POMC 16.06.060(C). 16.06.050 Complete applications. (1) Form and Content. The Mayor and City Council are authorized to establish administrative regulations setting forth the information that must be provided, and the form in which it must be provided, in order for an application to be deemed complete. (2) Checklist for Complete Application. Applications shall be considered complete when the department determines that the application materials contain the following: (a) The correct number of completed department master and supplemental application forms signed by the applicant; (b) The correct number of documents, plans, or maps identified on the department application form; (c) A completed State Environmental Policy Act (SEPA) checklist, if required; and (d) Payment of all applicable fees. (3) Time Limitations. (a) Within 28 days after receiving a project permit application, the department shall provide a written determination to the applicant, stating either: (i) The application is complete; or (ii) The application is incomplete and what information is necessary to make the application complete. (b) Within 14 days after an applicant has submitted the requested additional information, the department shall notify the applicant whether the information submitted adequately responds to the notice of incomplete application, thereby making the application complete, or what additional information is still necessary. (c) An application shall be deemed complete if the department does not, within 28 days, provide a written determination to the applicant that the application is incomplete. (d) When the project permit application is complete, the department shall accept it and note the date of acceptance. (e) An application is complete for purposes of this section when it meets the procedural submission requirements of the department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur. (4) Waiver of Requirements. The director may waive specific submittal requirements that are determined to be unnecessary for review of an application. (5) Incomplete Applications. Failure of an applicant to submit information identified as required in the notice of incomplete application within 120 days of the department's mailing date shall constitute grounds for deeming the application null and void. If all additional Exhibit A Ordinance No. 010-09 Page 16 of 138 information identified in the notice of incomplete application has not been received by the department within 120 days from the application submittal date, then the application shall be deemed null and void unless the applicant has been granted a time period extension. Time period extensions may be granted by the director when applicants can demonstrate that unusual circumstances, beyond their control, have prevented them from being able to provide the additional information within the 120-day time period. (6) Initiation of Review Process. The department shall not start the review process of any application until the application is deemed complete. (7) Modifications. Modifications to an application which has been deemed complete by the department will be treated as follows: (a) Modifications proposed by the department to a pending application shall not be considered a new application; and (b) Modifications proposed by the applicant to a pending application which would result in a substantial increase in a project's impacts, as determined by the department, may be deemed a new application. The new application shall conform to the requirements of this section which are in effect at the time the new application is submitted. (8) Filing Fees. The schedule of fees for development permits is established in a separate City resolution. (9) Additional Application Requirements. In the interest of public health, safety or welfare, or to meet the requirements of the State Environmental Policy Act or other state requirements, the department may request additional application information such as, but not limited to, geotechnical studies, hydrological studies, noise studies, air quality studies, visual analysis studies to address critical areas requirements, and transportation impact analysis. (Ord. 046-07§2,2007) 16.06.060 Notice of application. (1) Notice of Application. Once an application has been deemed complete, the department shall provide public notice for the project. The department shall send a written notice, addressed through the United States mail to all property owners of record within a radius of 300 feet, but not less than two parcels deep, around the exterior boundaries of the subject property. Such notice shall be mailed not more than 14 working days from the determination of a complete application. Parties receiving notice shall be given at least 14 days, from the mailing date, to provide any comments to the department. (2) Content of Notice of Application. At a minimum, public notice documents shall contain the following information: (a) The name and address of the applicant and/or agent; (b) The subject property location; (c) A description of the proposed project and a list of the project permits included in the application, and, if applicable, a list of studies requested under RCW 36.7013.070 or 36.70B.090; (d) A list of existing environmental documents that evaluate the proposed project and a location where such documents can be reviewed; (e) A preliminary determination, if available, of the applicable development regulations that will be used for project mitigation and of consistency with land use plans, policies and regulations; (f) The date of application, the date of the notice of completion of the application and the date of the notice of the application; (g) The written determination shall, to the extent known by the City, identify the local, state, and/or federal government agencies that may have jurisdiction over some aspects of the application; Exhibit A Ordinance No. 010-09 Page 17 of 138 (h) A list of other permits not included in the application, to the extent known by the City; N The time periods for submitting comments. Comments shall be due not less than 14 days nor more than 30 days following the date of notice of application, include a statement of the rights of any person to comment on the applications, receive notice of, participate in any hearings and request a copy of the decision once made. All public comment on the notice of application must be received by the department by 4:00 p.m. on the last day of the comment period. If the project requires a public hearing, comments may be submitted up until, or at the public hearing. (j) The date, time and place of the public hearing if applicable, as scheduled at the date of notice. Notice of an open record hearing shall be given at least 10 days prior to the hearing; (k) A right to appeal statement, if applicable; and (1) A department contact and telephone number. (3) Public Notice Provisions. Once an application has been deemed complete, the applicant shall provide posted public notice on the subject property in accordance with specifications provided by the department. (4) Shoreline Use Regulations Notice. The following exceptions apply to notice of shoreline use regulations permits: (a) Comments may be submitted within 20 days of the last date of the published notice. Each person responding to such notice shall receive a decision; (b) Notice of a hearing on shoreline use regulation permits shall include a statement that any person may submit oral or written comments on an application at the hearing; and (c) The public may obtain a copy of the decision within two days following issuance (RCW 90.58.140), and the notice must state the manner in which the public may obtain a copy of the decision. (5) Determination of Significance. If a determination of significance has been made prior to the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. The determination of significance and scoping notice may be issued prior to the notice of application. (6) Determinations and Decisions. Except for a determination of significance, the City shall not issue a threshold determination, nor issue a decision or recommendation on a project permit until the expiration of the public comment period on the notice of application. (Ord. 046- 07§2, 2007) 16.06.065 Notice of decision. The City shall provide a notice of decision that includes a statement of any SEPA threshold determination and the procedures for administrative appeal. The notice of decision may be a copy of the report or the decision on the project permit application. The notice shall be provided to the applicant and any person who, prior to rendering the decision, requested notice of the decision or submitted substantive comments on the application. (Ord. 046-07§2, 2007) 16.06.070 Time periods - notice of decision. (1) The City shall issue a notice of decision on a project permit within 120 days after the Department notifies the applicant that the application is deemed complete. The following time periods shall be excluded from the 120-day time period requirement: (a) Any period during which the applicant has been requested by the department to correct plans, perform required studies, or provide additional required Exhibit A Ordinance No. 010-09 Page 18 of 138 information, and a period of up to 14 days after the submittal of such to determine if the information satisfies the request; (b) Any period during which an environmental impact statement (EIS) is being prepared in accordance with state law following a determination of significance pursuant to Chapter 43.21 C RCW; (c) Any period for administrative appeals; and (d) Any extension of time mutually agreed upon in writing between the applicant and the department. (2) The 120-day time period established above shall not apply in the following situations: (a) If the permit requires an amendment to the comprehensive plan or a development regulation; or (b) If the permit requires approval of the siting of an essential public facility; or (c) If there are substantial revisions to the project proposal at the applicant' s request, in which case the time period shall start from the date at which the revised project application is determined to be complete; or (d) If the application is for a subdivision, then the timelines set in Chapter 58.17 RCW shall apply. (3) The applicant shall designate a single person or entity to receive determinations and notices required by this title. (4) If the City is unable to issue its final decision within the time limits provided for, the City shall provide written notice to the applicant stating the reasons why the time limits have not been met, including an estimate of the date for issuance of the notice of final decision. (Ord. 046-07§2, 2007) 16.06.071 Time periods - notice of hearings, appeals and informational meetings. The City shall provide notice to all affected persons and aggrieved persons in case of an appeal, and publish the notice as required by law, at least 10 days before any hearing required on a land use application, an appeal from any decision on a land use application, or a public informational meeting on an application or proposed application. (Ord. 046-07§2, 2007) 16.06.072 Time periods -filing appeals. (1) Administrative Decisions. An aggrieved person may appeal any final decision of an administrative official to the Hearing Examiner with the required fees. The appeal must be in writing on forms available at the City and shall be filed with the City Clerk within 14 days of the date of the action being appealed. If an open record hearing was not held as part of the administrative approval, then the examiner shall conduct an open record hearing. Otherwise the appeal to the examiner shall be a closed record appeal. (2) Examiner Decisions. An aggrieved person may appeal a Hearing Examiner decision to the City Council, if the examiner's decision is not a "final action". The appeal must be in writing on forms available at the City and shall be filed with the City Clerk within 14 days of the date of the decision being appealed. In the case of appeals from Administrative Decisions, all decisions under the Shorelines Management Act, and any other decision of the Hearing Examiner that is designated in the POMC as a final action, the appeal is to the Kitsap County Superior Court if it is subject to the Land Use Petition Act (RCW Chapter 36.70C), the Shorelines Hearings Board if it is a Shorelines Management Act decision, or the appropriate Growth Hearings Board if it is a action that is subject to the Growth Management Act (RCW Chapter 36.70A). (3) City Council Decisions. City Council decisions that are considered "final action" must be appealed to either the Kitsap County Superior Court if it is a City Council action subject to the Land Use Petition Act (RCW Chapter 36.70C) or to the appropriate Growth Hearings Board Exhibit A Ordinance No. 01e-09 Page 19 of 138 if it is a council action that is subject to the Growth Management Act (RCW Chapter 36.70A). Any appellant is encouraged to review state law in order to determine the method and manner of perfecting an appeal of a City Council action. The appeal must be filed in the time limits specified by state law. (Ord. 046-07§2, 2007) 16.06.090 Consistency with development regulations and SEPA/consolidated permit review. (1) During any project permit application review, the City shall determine whether the items in this subsection are defined in the development regulations applicable to the proposed project. In the absence of development regulations, the City shall determine whether the items listed in this subsection are defined in the City's adopted comprehensive plan. This determination of consistency shall include the following: (a) The type of land use permitted at the site, including uses that may be allowed under special circumstances, if the criteria for the approval have been satisfied; (b) The level of development, such as density of residential development, or maximum impervious surface areas; and (c) Character of the development and development standards. (2) The City shall also review the project permit application under the requirements of the State Environmental Policy Act (SEPA), Chapter 43.21 C RCW, the SEPA rules, Chapter 197-1 1 WAC and the City environmental regulations, Chapter 14.04 POMC, and shall: (a) Determine whether the applicable regulations require studies that adequately analyze the entire project permit application's specific probable adverse environmental impacts; (b) Determine if the applicable regulations require measures that adequately address such environmental impacts; (c) Determine whether additional studies are required and/or whether the project permit application should be conditioned with additional mitigation measures; and (3) In its review of the project permit application, the City may determine that the requirements for environmental analysis, protection, and mitigation measures in the applicable development regulations, comprehensive plan, and or other applicable local, state, or federal laws provide adequate analysis of, and mitigation for, specific adverse environmental impacts of the application. (4) A comprehensive plan, development regulation or other applicable local, state, or federal law provides adequate analysis of, and mitigation for, the specific adverse environmental impact of an application when: (a) The impacts have been avoided or otherwise mitigated; or (b) The City has designated or accepted certain levels of service, land use designations, development standards, or other land use planning required or allowed by Chapter36.70A RCW. (5) If the City bases or conditions its approval of the project permit application on compliance with the requirements or mitigation described in subsection 4(B) above, the City shall not impose additional mitigation under SEPA during project review. (6) In its decision whether the specific adverse environmental impact has been addressed by an existing rule or laws of another agency with jurisdiction and with environmental expertise with regard to a specific environmental impact, the City shall consult orally or in writing with that agency and may expressly defer to that agency. In making a deferral, the City shall base or condition its project approval on compliance with these other existing rules or laws. (7) Nothing in this section limits the authority of the City in its review or mitigation of a project to adopt or otherwise rely on environmental analysis and requirements under other laws as provided by Chapter 43.21 C RCW. Exhibit A Ordinance No. 010-09 Page 20 of 138 (8) The City shall also review the application under the City's Critical Areas Ordinance. (9) During project review, the City shall not re-examine alternatives to, or hear appeals on, the items identified in subsection (A), except for issues of code interpretation. Project review shall be used to identify specific project design and conditions relating to the character of the development, such as details or site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal' s probable adverse environmental impacts. (Ord. 046-07§2, 2007) 16.06.100 Permit conditions. (1) Time Limitations. Within a period of one year following the approval of a conditional use permit or preliminary development plan by the examiner, the applicant shall file with the Planning Department a final development plan. Unless extended, if no final development plan is filed within the time limits specified, the approval shall be void. (2) Extensions. The expiration time period for filing final development plans may be extended for up to one year if, prior to the expiration of the permit approval, the applicant can demonstrate to the director or examiner, as appropriate, that there have been unusual circumstances beyond his/her control to cause delay in the project. (3) Compliance with Conditions. Compliance with conditions established in a preliminary approval and final approved development plans is required. Any departure from the conditions of approval or approved plans constitutes a violation of this title and shall be subject to enforcement actions and penalties. (Ord. 046-07§2, 2007) 16.06.110 Optional consolidated permit processing. An application that involves two or more permit processes may be processed collectively under the highest type review procedure required for any part of the application or processed individually under each of the procedures identified in this title. The applicant shall determine whether the application shall be processed collectively or individually. If the applications are processed individually then the application with the highest type review procedure must be processed prior to the subsequent lower numbered procedure. (Ord. 046-07§2, 2007) Exhibit A Ordinance No. 010-09 Page 21 of 138 Chapter 16.07 PERMIT PROCESSING Sections: 16.07.010 Reimbursement of Costs Incurred by City for Expedited Review and Processing of Land Use Applications - Purpose. 16.07.020 Definitions. 16.07.030 Reimbursement of Costs. 16.07.040 Administrative Remedies/Appeals. 16.07.010 Reimbursement of Costs Incurred by City for Expedited Review and Processing of Land Use Applications - Purpose. This Chapter is intended to supplement the fee schedule of any and all other City ordinances and resolutions in order to clarify the obligation of an applicant seeking expedited review to pay, in addition to appropriate fees, actual City costs incurred in processing and reviewing the Applicant's land use permit application by professional consultants or law firms retained by the City. It is the express purpose and intent of this Chapter that these costs should not be borne by the taxpayers of the City but should be reimbursed to the City by the applicants of the land use projects. (Ord. 008-07 § 1, 2007) 16.07.020 Definitions. The following definitions set out in this chapter shall apply in the interpretation and the enforcement of these regulations: (1) "Director" shall refer to the Director of the Department of Public Works for engineering review and/or Director of the Planning Department for all other aspects of land use permit review. (2) "Expedited Review" shall mean the review or or processing of a land use permit or land use permit application by outside consultants in a manner which may result in a faster determination of the approval, disapproval, or conditioning of the permit. The scope of expedited review shall be determined by the City, and may or may not involve review of the entire land use permit application by an outside consultant. (3) "Land Use Permit or Land Use Permit Application" means any land use or environmental permit or license required from the City before real property may be improved, developed, modified, sold, transferred, or used. (Ord. 008-07 § 2, 2007) 16.07.030 Reimbursement of Costs. Applicants for land use permits may choose to seek expedited review of their land use applications as follows: (1) Expedited Review - Generally. Exhibit A Ordinance No. 010-09 Page 22 of 138 (a) The City shall review an Applicant's request for expedited review and determine if the request is appropriate for review under this chapter. The decision to allow or to deny expedited review of the land use application, or any portion thereof, under this chapter, and the decision to contract for outside engineering, legal, or other professional services, shall be at the sole discretion of the City. (b) The provisions of this Chapter shall not be construed to guarantee that an application approved for expedited review will be completed in specific period of time nor is it a guarantee that it will be processed in a specific manner. (c) Expedited review shall not be granted unless or until an Applicant has complied with the terms of this Chapter and signed an "Agreement for Expedited Review" in a format approved by the City Attorney. (d) Applicant may not contract for expedited review directly with any engineering, legal or other professional services. (2) Costs for engineering, legal or other professional services actually incurred by the City which arise out of the processing of any land use permit application under this chapter and all costs incurred by the City for inspecting construction of public improvements made by a developer as a condition of land use approval prior to final approval, shall be reimbursed by the Applicant in addition to appropriate fees as follows: (a) If the Director determines that the land use application is appropriate for expedited review, the Director may seek one or more estimates of the time it would take to review the application and the costs that will be incurred from engineering, legal or other professional firms as appropriate. The final determination of estimated costs for review shall be determined by the Director. (b) A deposit in the amount of the estimated costs for review shall be collected at the time the application is approved for expedited review. An application shall not be deemed complete until all fees and deposits are paid. (c) In the event such expenses exceed the amount of the deposit or if the City determines if it is likely that additional expenses will be incurred in excess of the amount of the deposit, Applicant shall replenish the deposit in the some amount or in such amount as shall appear to be necessary to secure payment of projected expenses for legal, engineering and other professional and inspection services as determined by the City. The City may discontinue reviewing or processing the application until such time as the additional required deposit is paid. (d) A non-refundable administrative fee shall be paid in an amount of $100 or 2% of the deposit whichever is greater. The fee shall be due upon payment of the deposit and shall be calculated based upon the amount of the initial deposit and upon the amount of each replenished deposit thereafter. (e) In all cases where a deposit for costs is required, the processing of the application or the approval of the construction shall not commence or continue until the deposit or any required replenishment thereof has been made. Applicants who fail to pay all deposits and fees within 30 days of notice shall be deemed to have withdrawn their application unless otherwise agreed by the Director in writing. (f) All costs and expenses incurred through expedited review and processing of land use applications under this chapter shall be paid in full by a permit Applicant to the City prior to the issuance of any permit. (g) Applicant shall be responsible for the payment of costs under this chapter regardless of whether or not the Applicant is successful in obtaining land use permit approval. (3) If applicant fails to pay for costs actually accrued the City retains the right to full recourse under the law to collect any unpaid fees or costs including the cost of using a collection service. (4) In the event that the amount of the deposit for legal, engineering or other professional or inspection services exceeds the actual costs for such services, the excess amount Exhibit A Ordinance No. 010-09 Page 23 of 138 shall be refunded to the Applicant upon completion of review of the land use application by the City. (5) Applicant may request an itemized summary of expenses incurred by the City, provided, that Applicant shall not be entitled to review documents or billing statements, which contain privileged matters. (Ord. 008-07 § 2, 2007) 16.07.040 Administrative Remedies/Appeals. (1) Director Review. Applicant may request review of a determination of final costs by filing a written request for review of the costs with the Director within fourteen calendar days after of a final statement of costs has been mailed by the City. Failure to timely request review by the Director shall be deemed a waiver of the right to administrative review. (2) Appeal of Director Review. A final decision by the Director may be appealed to the City Council only if, within fourteen calendar days after written notice of the decision is mailed, a written appeal of the decision is filed with the City Clerk. Any final decision shall set forth the applicant's appeal rights, (3) Review. Review of the final costs shall be limited to a determination of whether the costs were actually incurred under the provisions of this Chapter. (Ord. 008-07 § 2, 2007) Exhibit A Ordinance No. 010-09 Page 24 of 138 Chapter 16.08 Definitions 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: Fallout/bomb 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: (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) Exhibit A Ordinance No. 010-09 Page 25 of 138 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; (b) 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) 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: (1) 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) Exhibit A Ordinance No. 010-09 Page 26 of 138 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: (1) 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). 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 other such 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 Exhibit A Ordinance No. 010-09 Page 27 of 138 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 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" see "Outdoor advertising structure or billboard" (Ord. 046-07§2, 2007) Exhibit A Ordinance No. 010-09 Page 28 of 138 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). 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 facade" 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). Exhibit A Ordinance No. 010-09 Page 29 of 138 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. 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). 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). Exhibit A Ordinance No. 010-09 Page 30 of 138 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 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). Exhibit A Ordinance No. 010-09 Page 31 of 138 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 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 the 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. Exhibit A Ordinance No. 010-09 Page 32 of 138 (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). 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). Exhibit A Ordinance No. 010-09 Page 33 of 138 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). 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, (3) 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 owner for 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 Exhibit A Ordinance No. 010-09 Page 34 of 138 thereon; and, the acceptance by the public shall be evidenced by the approval of such plot for filing by the appropriate governmental unit. (Ord. 046-07§2, 2007). 16.08.187 "Density" 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). Exhibit A Ordinance No. 010-09 Page 35 of 138 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 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). Exhibit A Ordinance No. 010-09 Page 36 of 138 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 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 or shingle, coated metal, or similar roof of not less than 3:12 pitch; and Exhibit A Ordinance No. 010-09 Page 37 of 138 (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). 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). Exhibit A Ordinance No. 010-09 Page 38 of 138 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, (1 1) 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). 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). 16.08.276 "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). Exhibit A Ordinance No. 010-09 Page 39 of 138 16.08.280 "Examiner" shall mean: The regular hearing examiner or hearing examiner pro tem 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). 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). Exhibit A Ordinance No. 010-09 Page 40 of 138 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, for which 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). 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: Exhibit A Ordinance No. 010-09 Page 41 of 138 (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 or fabrication, 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, (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, lst Extended Session, Revised Code of Washington (RCW) Chapter 36.70A et sequitur, and Chapter 32 Laws of 1991, 1 st 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; Exhibit A Ordinance No. 010-09 Page 42 of 138 (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). 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). Exhibit A Ordinance No. 010-09 Page 43 of 138 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. (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 Exhibit A Ordinance No. 010-09 Page 44 of 138 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 (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 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. (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). Exhibit A Ordinance No. 010-09 Page 45 of 138 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 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) 4119-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 Exhibit A Ordinance No. 010-09 Page 46 of 138 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). 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 Exhibit A Ordinance No. 010-09 Page 47 of 138 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). 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). Exhibit A Ordinance No. 010-09 Page 48 of 138 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, 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 corner 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 Exhibit A Ordinance No. 010-09 Page 49 of 138 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: 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). Exhibit A Ordinance No. 010-09 Page 50 of 138 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-11 1), 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 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). Exhibit A Ordinance No. 010-09 Page 51 of 138 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, 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. Exhibit A Ordinance No. 010-09 Page 52 of 138 (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 some, 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). 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). 16.08.528 "Outdoor advertising structure or billboard" shall mean: An outdoor advertising sign or poster panel which advertises products, businesses, and/or services not connected with the site on which the sign is located, and which sign is a substantial permanent structure with display services of a type which are customarily leased for commercial purposes (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). Exhibit A Ordinance No. 010-09 Page 53 of 138 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). 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). Exhibit A Ordinance No. 010-09 Page 54 of 138 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). 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 a 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, Exhibit A Ordinance No. 010-09 Page 55 of 138 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 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) 871-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). 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). Exhibit A Ordinance No. 010-09 Page 56 of 138 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). 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). Exhibit A Ordinance No. 010-09 Page 57 of 138 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 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). Exhibit A Ordinance No. 010-09 Page 58 of 138 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). 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). Exhibit A Ordinance No. 010-09 Page 59 of 138 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). 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). Exhibit A Ordinance No. 010-09 Page 60 of 138 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). 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). 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). Exhibit A Ordinance No. 010-09 Page 61 of 138 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 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 58.17.020f 11). (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 58.17.020f61). (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 Exhibit A Ordinance No. 010-09 Page 62 of 138 (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). 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). Exhibit A Ordinance No. 010-09 Page 63 of 138 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). 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) Exhibit A Ordinance No. 010-09 Page 64 of 138 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). 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). Exhibit A Ordinance No. 010-09 Page 65 of 138 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 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 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). Exhibit A Ordinance No. 010-09 Page 66 of 138 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). Exhibit A Ordinance No. 010-09 Page 67 of 138 Chapter 16.12 ZONING MAP Sections: 16.12.010 Zones established. 16.12.020 Boundary questions. 16.12.021 Interpretation - right-of-way. 16.12,030 Changes. 16.12.040 Annexed land. 16.12.050 Reference to "R" zones. 16.12.010 Zones established. The following zones are hereby established: Gb, R4.5, R8, R12, R20, Co, BP, Eo, Mxd, Cf; and overlay zones of TRMT, VPOD, DOD Central, DOD East and DOD West Gateways, . The location and boundaries of the various zones are such as are shown in Appendix A of the 2008 Comprehensive Plan maps and are codified in this title and made a part of this title. Changes in the boundaries of the zones, including application or amendment or interim zoning, shall be made by ordinance adopting or amending the zoning map. (Ord. 046-07§2, 2007). 16.12.020 Boundary questions. Where uncertainty exists as to the boundaries of any zone on the zoning map, the following rules of construction, listed in priority order, shall apply: (1) Where boundaries are indicated as paralleling the approximate centerline of the street right-of-way, the zone shall extend to each adjacent boundary of the right-of-way. Non road -related uses by adjacent property owners, if allowed in the right-of-way shall meet the same zoning requirements regulating the property owners lot. (2) Where boundaries are indicated as following approximate lot lines, the actual lot lines shall be considered the boundaries. (3) Where boundaries are indicated as following lines or ordinary high water, or government meander line, the lines shall be considered to be actual boundaries. If these lines should change the boundaries shall be considered to move with them. (4) If none of the rules of interpretation described in the above subparagraphs apply, then the zoning boundary shall be determined by map scaling. (Ord. 046-07§2, 2007). 16.12.021 Interpretation - right-of-way. (1) Except when such areas are specifically designated on the zoning map as being classified in one of the zones provided in this document, land contained in rights -of -way for streets or alleys shall be considered unclassified. (2) Within street or alley rights -of -way, uses shall be limited to street purposes as defined by law. (3) Where such right-of-way is vacated, the vacated area shall have the zone classification of the adjoining property with which it is first merged. (Ord. 046-07§2, 2007). 16.12.030 Changes. No change shall be made to a zoning map except by authority of an amending ordinance. Any changes made otherwise shall be in violation of this title. (Ord. 046-07§2, 2007). 16.12.040 Annexed land. (1) All land annexed to the City after the effective date of the ordinance codified in this title shall continue to have the land use classification such land enjoyed while in the county, pending study, public hearing and specific reclassification. Exhibit A Ordinance No. 010-09 Page 68 of 138 (2) Any lot subdivided under authority of the county and recognized by the county as a buildable lot, will, upon annexation to the City, be considered a buildable lot, even though it may be smaller than the City zoning requires for that vicinity and zone. (Ord. 046-07§2, 2007). 16.12.050 Reference to R zones. The "R" is used in this title, refers to all zones that have a residential zoning status. (Ord. 046-07§2, 2007). Exhibit A Sections: 16.13.100 16.13.110 16.13.111 16.13.112 16.13.113 16.13.114 16.13.115 16.13.116 16.13.120 16.13.121 16.13.122 16.13.123 16.13.124 16.13.125 16.13.126 16.13.130 16.13.131 16.13.132 16.13.133 16.13.134 16.13.135 16.13.136 16.13.140 16.13.141 16.13.142 16.13.143 16.13.144 16.13.145 16.13.146 16.13.150 16.13.151 16.13.152 16.13.153 16.13.154 16.13.155 16.13.156 16.13.160 16.13.161 16.13.162 16.13.163 16.13.164 16.13.165 16.13.166 16.13.170 16.13.171 16.13.172 16.13.173 16.13.174 Chapter 16.13 ZONING DISTRICTS Zoning districts. Gb greenbelt district. Gb permitted uses. Gb conditional uses. Gb lot area. Gb lot coverage. Gb yards. Gb building height. R4.5 single family detached. R4.5 permitted uses. R4.5 conditional uses. R4.5 lot area. R4.5 lot coverage. R4.5 yards. R4.5 building height. R8 and R 12 single family detached/attached. R8 and R 12 permitted uses. R8 and R 12 conditional uses. R8 and R 12 lot area. R8 and R 12 lot coverage. R8 and R 12 yards. R8 and R 12 building height. R20 single/multiple family detached/attached. R20 permitted uses. R20 conditional uses. R20 lot area. R20 lot coverage. R20 yards. R20 building height. Co commercial: retail and office. Co permitted uses. Co conditional uses. Co lot area. Co lot coverage. Co yards. Co building height. Eo employment: industrial and office. Eo permitted uses. Eo conditional uses. Eo lot area. Eo lot coverage. Eo yards. Eo building height. Mxd mixed use commercial Mxd permitted uses. Mxd conditional uses. Mxd lot area. Mxd lot coverage. employment and residential. Ordinance No. 010-09 Page 69 of 138 Exhibit A Ordinance No. 010-09 Page 70 of 138 16.13.175 Mxd yards. 16.13.176 Mxd building height. 16.13.180 Cf community facilities. 16.13.181 Cf permitted uses. 16.13.182 Cf conditional uses. 16.13.183 Cf lot area. 16.13.184 Cf lot coverage. 16.13.185 Cf yards. 16.13.186 Cf building height. 16.13.190 PRD - planned residential development. 16.13.191 PRD permitted uses. 16.13.192 PRD minimum lot area. 16.13.193 PRD modification of underlying zoning development standards. 16.13.194 PRD platting requirements. 16.13.195 PRD criteria for granting approval. 16.13.200 Business Professional (BP). 16.13.201 BP permitted uses. 16.13.202 BP Conditional uses. 16.13.203 BP lot area. 16.13.204 BP lot coverage. 16.13.205 BP yards. 16.13.206 BP building height. 16.13.100 Zoning districts purpose. The purpose statements for each zoning district set forth in the following sections shall be used to guide the application of the zones and designations to all lands. They shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this document. (Ord. 046- 07§2, 2007). 16.13.110 Greenbelt district (Gb). (1) Purpose: It is the purpose of the greenbelt zone to preserve and protect natural areas that are unique in character, and insure that natural systems will be maintained. (2) This purpose will be accomplished by: (a) Providing for conservation, wildlife habitat, open space, parks, recreational areas, trails, greenways, and similar urban separators on lands that are suitable for this purpose. (b) Within the greenbelt system, allowing only those accessory and complementary uses that are compatible with the preservation of natural systems. (3) This zone is appropriate where lands acquired or proposed to be acquired or set -aside for public park and recreation use by the comprehensive plan and for other semi -publicly or privately owned lands that are dedicated, reserved or otherwise set -aside for greenbelt purposes including those of a commercial orientation that should be reserved for long-term protection. (Ord. 046-07§2, 2007). 16.13.111 Gb permitted uses. The following are permitted uses in a Greenbelt District (Gb) zone: (1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30. (2) Accessory buildings or structures in accordance with the provisions of the POMC Exhibit A Ordinance No. 010-09 Page 71 of 138 (3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046- 07§2, 2007). 16.13.112 Gb conditional uses. Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007). 16.13.113 Gb lot area. Lot area is as described in the Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046- 07§2, 2007). 16.13.114 Gb lot coverage. Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046- 07§2, 2007). 16.13.115 Gb yards. Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.116 Gb building height. Building Height is as described in the Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.120 Residential zone single family detached (R4.5). (1) Purpose: The primary purpose of the single family detached residential zone (R4.5), up to 4.5 units/net useable acre, is to (a) provide for an urban residential environment that is consistent with the traditional image of the Port Orchard area and (b) to implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and to efficiently use residential land, public services, and energy. (2) These purposes are accomplished by: (a) Providing for a mix of predominantly single family detached housing types including zero lot line and housing arrangements with a variety of densities and sizes in locations appropriate for urban densities. (b) Allowing only those accessory and complementary nonresidential uses that are compatible with single family residential communities. (3) This zone is appropriate where: (a) Designated by the comprehensive plan when such areas are served at the time of development by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (b) Surrounding lands have already been developed for lower intensity single family detached housing types and offer greenbelt, recreation, and pedestrian services most supportive of lower density living arrangements. (Ord. 046-07§2, 2007). 16.13.121 R4.5 permitted uses. (1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30. (2) Accessory buildings or structures in accordance with the provisions of the POMC 16.08.006-16.08.012. (3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046- 07§2, 2007). Exhibit A Ordinance No. 010-09 Page 72 of 138 16.13.122 R4.5 conditional uses. Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007). 16.13.123 R4.5 lot area. Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.124 R4.5 lot coverage. Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046- 07§2, 2007). 16.13.125 R4.5 yards. Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.126 R4.5 building height. Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.130 Residential zone single family detached/attached (R8 and R12). (1) Purpose: The purpose of the single family detached/attached residential zones (R8 - up to 8.0 units/net useable acre) and (R12 - up to 12.0 units/net useable acre) is to (a) define areas that allow a greater dwelling unit density - particularly in locations that are well served by the arterial circulation system and community facilities in general, (b) implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and (c) efficiently use residential land, public services, and energy. (2) These purposes are accomplished by: (a) Providing for a mix of single family detached including lot line and village detached housing arrangements, and attached housing types including duplex or twins, patio house, atrium house, weak and strong link town or row house, and multiplex attached housing products with a variety of densities and sizes in locations appropriate for urban densities. (b) Allowing only those accessory and complementary nonresidential uses that are compatible with higher density single family residential communities. (3) These zones are appropriate where: (a) Designated by the comprehensive plan when such areas are served at the time of development by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (b) Surrounding lands have already been developed for lower intensity single family housing types but abut more intensely developed commercial, office, employment or other nonresidential land uses - and offer greenbelt, recreation, pedestrian, and transit services most supportive of higher density living arrangements. (Ord. 046-07§2, 2007). 16.13.131 R8 and R12 permitted uses. The following are permitted uses in the R8 and R12 Single Family Detached/Attached Residential zone: (1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30. Exhibit A Ordinance No. 010-09 Page 73 of 138 (2) Accessory buildings or structures in accordance with the provisions of the POMC 16.08.006-16.08.012. (3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046- 07§2, 2007). 16.13.132 R8 and R12 conditional uses. Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007). 16.13.133 R8 and R12 lot area. Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.134 R8 and R12 lot coverage. Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046- 07§2, 2007). 16.13.135 R8 and R12 yards. Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.136 R8 and R12 building height. Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.140 Residential zone - single/multiple family detached/attached (R20). (1) Purpose: The purpose of the residential single/multiple family detached/attached zone (R20 up to 20.0 units/net useable acre) is to (a) allow high density residential development in urban locations where public services and facilities are most available: (b) implement comprehensive plan goals and policies for housing quality, diversity, and affordability, and (c) efficiently use residential land, public services, and energy. (2) These purposes are accomplished by: (a) Providing for a mix of some higher density single/multiple family detached/attached housing products including clustered village housing types, weak and strong link townhouse and multiplex, and garden apartments with a variety of densities and sizes in locations appropriate for urban densities. (b) Allowing only those accessory and complementary nonresidential uses that are compatible with multiple family residential communities. (3) This zone is appropriate where: (a) Designated by the comprehensive plan when such areas are served at the time of development by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (b) Surrounding lands have been developed for commercial, business, employment, public facility or other nonresidential but higher intensity activities - and offer greenbelt, recreation, pedestrian, and transit services most supportive of higher density living arrangements. (Ord. 046-07§2, 2007). 16.13.141 R20 permitted uses. The following are permitted uses in the residential single/multiple family detached/attached zone (R20): Exhibit A Ordinance No. 010-09 Page 74 of 138 (1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30. (2) Accessory buildings or structures in accordance with the provisions of the POMC 16.08.006-16.08.012. (3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046- 07§2, 2007). 16.13.142 R20 conditional uses. Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007). 16.13.143 R20 lot area. Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.144 R20 lot coverage. Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046- 07§2, 2007). 16.13.145 R20 yards. Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025, (Ord. 046-07§2, 2007). 16.13.146 R20 building height. Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.150 Commercial - retail and office (Co). (1) Purpose: The purpose of the commercial retail and office (Co) zone is to provide for the broadest mix of retail, service, office, and commercial recreation/cultural uses serving the Port Orchard and surrounding market areas and offering significant employment opportunities. (2) These purposes are accomplished by: (a) Providing far office uses as well as a wider range of the retail, professional, governmental, and personal services than are found in neighborhood and community business areas. (b) Encouraging planned developments that incorporate aesthetic as well as functional concerns. (3) This zone is appropriate where: (a) Designated by the comprehensive plan when such areas are served by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (b) Areas are provided convenient, visible, and safe access by vehicle, transit, bicycle, and pedestrian circulation systems located on minor and major arterial roads. (Ord. 046-07§2, 2007). 16.13.151 Co permitted uses. The following are permitted uses in the commercial retail and office (Co) zone: (1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30. (2) Accessory buildings or structures in accordance with the provisions of the POMC 16.08.006-16.08.012. (3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046- 07§2, Exhibit A Ordinance No. 010-09 Page 75 of 138 2007) 16.13.152 Co conditional uses. Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007). 16.13.153 Co lot area. Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.154 Co lot coverage. Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046- 07§2, 2007). 16.13.155 Co yards. Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.156 Co building height. Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.160 Employment - industrial and office (Eo). (1) Purpose: The purpose of the employment industrial and office zone (Eo) is (a) to provide for the location and grouping of industrial and related enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing, and heavy trucking, (b) provide land for those types of professional, research, business, service, and similar uses which are based in office structures and which require separate sites or developments from other more commercial and retail activities and (c) protect the land base for economic development and employment opportunities. (2) These purposes are accomplished by: (a) Allowing for a wide range of industrial and manufacturing uses including more intensive building patterns and floor area ratios. (b) Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts. (c) Limiting residential, commercial, and other uses to that necessary for the convenience of industrial or dedicated office activities. (d) Allowing for on -site convenient daily retail and personal services for employees. (3) This zone is appropriate where: (a) Land designated on the comprehensive plan is served at the time of development by adequate public sewer, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (b) This zone must be provided convenient and safe access by vehicle, transit, bicycle, and pedestrian circulation systems located on minor and major arterial roads. (Ord. 046-07§2, 2007). 16.13.161 Eo permitted uses. The following are permitted uses in the employment industrial and office zone (Eo): A. Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30. Exhibit A Ordinance No. 010-09 Page 76 of 138 B. Accessory buildings or structures in accordance with the provisions of the POMC 16.08.006-16.08.012. C. Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046-07§2, 2007). 16.13.162 Eo conditional uses. Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007). 16.13.163 Eo lot area. Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.164 Eo lot coverage. Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046- 07§2, 2007). 16.13.165 Eo yards. Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.166 Eo building height. Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.170 Mixed use - commercial, employment, and residential (Mxd). (1) Purpose: The purpose of the mixed use (Mxd) zone is to (a) provide a permissive and alternative zoning procedure for innovative, pedestrian oriented mixed use site and building developments or physical design proposals that are capable of providing substantial value to the community over conventional zone districting, and (b) to implement comprehensive plan goals and policies for housing diversity, affordability, and to efficiently use land, public services, and energy. The mixed use district may vary the height, use, organization, design, intensity, size or other feature of the proposed development, but shall not vary from the environmental, market, community impact, infrastructure, design, and other objectives of this document and the comprehensive plan. (2) These purposes are accomplished by: (a) Providing for the broadest mix of retail, commercial, business, personal services, office, light industrial, recreational, public facilities, and residential uses in master planned site developments within the some property, building complex, and/or structure. (b) Conditionally controlling the location, design or inclusion of commercial uses with outdoor storage or auto related activities that are not appropriate to or may adversely impact a residential use or pedestrian oriented development. (c) Conditionally controlling the location, design, or inclusion of light industrial uses with outdoor storage, traffic and parking, noise or other physical or operational characteristics that are not appropriate to or may adversely impact a residential use or pedestrian oriented development. (d) Requiring unique consideration, disposition, control, and approval. (3) This zone may be appropriate: (a) Within the downtown and waterfront areas where designated by the comprehensive plan when such areas include historic features, access principal Exhibit A Ordinance No. 010-09 Page 77 of 138 pedestrian walkway corridors, incorporate ground floor commercial and office uses, retain a pedestrian scale, and create a compact site and building development. (b) On large, contiguous parcels along Bay Street, Bethel Avenue, Mile Hill Drive, SR-160/Sedgwick Road, and near SR-16 where designated by the comprehensive plan when such areas can be master planned and developed to create compact, cohesive site and building developments that integrate residential use and access to retail and employment areas in identifiable and desirable urban design concepts. (c) In areas served at the time of development by adequate public sewer, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (d) In areas that provide convenient and safe access by pedestrian, bicycle, transit, and vehicle circulation systems located on or accessible from minor and major arterial roads. (Ord. 046-07§2, 2007). 16.13.171 Mxd permitted uses. The following are permitted uses in the mixed use, commercial, employment, and residential (Mxd) zone: (1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30. (2) Accessory buildings or structures in accordance with the provisions of the POMC 16.08.006-16.08.012. (3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046- 07§2, 2007). 16.13.172 Mxd conditional uses. Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007). 16.13.173 Mxd lot area. Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.174 Mxd lot coverage. Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046- 07§2, 2007). 16.13.175 Mxd yards. Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.176 Mxd building height. Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.180 Community facilities (Cf). (1) Purpose: The purpose of the community facilities zone is to: (a) Specifically separate and control those public, semi-public, institutional, and private properties, facilities, and services that prime and make feasible centers of urban use. It is also the purpose of this zone to coordinate these uses to the extent that they are serving to prime the same direction, magnitude, orientation, and form of urban growth and avoid waste, inefficiency, or contradiction: (b) Maximize the known efficiencies of investment, land, site or facility sharing Exhibit A Ordinance No. 010-09 Page 78 of 138 which are possible and desirable when infrastructure is specifically allocated space within the community; (c) Resolve contradictions or disagreements that could arise between the various agencies or parties responsible for each infrastructure element and the specific public objectives for which they are accountable; (d) Identify, protect, provide for, and ensure the harmonious relationship, scale, extent, provisions, character, location, and surrounding environs of public, semipublic or commercial use of lands and structures for open space, park, and recreational activities; (e) Provide for and protect the buffer zones, access, and land use relationships which are often unique between infrastructure and other urban uses such that neither use intrudes upon the other. (2) These purposes are accomplished by: (a) Designating the public use as a specific zone subject to the comprehensive plan making process and public forums intended for this purpose; (b) Designating the public, semipublic or commercial use as a specific zone subject to the comprehensive plan making process and public forums intended for this purpose; (c) Excluding residential, commercial, office, industrial or other land uses that may cause conflicts with or be adversely affected by the principal public activities, uses or structures contained within this zone. (3) This zone is appropriate where: (a) Designated by the comprehensive plan when the areas are served at the time of development by adequate public sewer, water supply, roads, and other needed public facilities and services as defined in the concurrency management system; (b) Provided convenient and safe access by pedestrian, bicycle, transit, and vehicle circulation systems located on or accessible from minor and major arterial roads. (Ord. 046-07§2, 2007). 16.13.181 Cf permitted uses. The following are permitted uses in the community facilities zone: (1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30. (2) Accessory buildings or structures in accordance with the provisions of the POMC 16.08.006-16.08.012. (3) Signs in accordance with the provisions of the POMC Chapter 16.65. (Ord. 046- 07§2, 2007). 16.13.182 Cf conditional uses. Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated development standards as identified in Chapter 16.40 POMC. (Ord. 046-07§2, 2007). 16.13.183 Cf lot area. Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007) . 16.13.184 Cf lot coverage. Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40,025. (Ord. 046- 07§2, 2007). 16.13.185 Cf yards. Exhibit A Ordinance No. 010-09 Page 79 of 138 Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.186 Cf building height. Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord. 046-07§2, 2007). 16.13.190 Planned residential developments (-prd). (1) Purpose: The purpose of planned residential development (PRD) is to (a) Provide for site design flexibility and thus permit more creative and imaginative projects, or innovative projects that are otherwise beneficial to the community, than generally possible under conventional zoning regulations, (b) Preserve unique or sensitive physical features, such as steep slopes, views, retention of natural vegetation and to provide more open space and recreational amenities than would be available under conventional land development practices, and (c) To promote more economical and efficient use of land and a unified design concept for residential development or mixed use/residential development. (2) Allowable districts: PRD, denoted by (-prd) after the zone's map symbol, may be permitted in the following zoning districts consistent with the development and design standards of this Zoning Code: Greenbelt, Residential 4.5, 8, 12, and 20, and Mixed Use. However, no dwelling units may be transferred to a less intensive zone. (Ord. 046-07§2, 2007). 16.13.191 PRD permitted uses. (1) Single-family detached dwellings in the gb, r4.5, r8, rl2, r20, and mxd zones; (2) Multifamily dwellings in the R12, R20, and Mxd zones, and (3) All permitted uses as of right in the underlying zones including accessory uses and uses that may be allowed by conditional use permits or special use permits, subject to the requirements in that section of the code. (Ord. 046-07§2, 2007). 16.13.192 PRD minimum lot area: Parcels proposed for the PRD designation must meet minimum lot requirements as follows (Ord. 046-07§2, 2007): Greenbelt two acres Residential 4.5, 8, 12, and 20 one acre Mixed use one-half acre 16.13.193 PRD modification of underlying zoning development standards. (1) The city, using Planned Residential Development (PUD) may allow the following development standards to be modified: (a) Building setbacks, except that structures located on the perimeter of the planned residential development shall be set back in accordance with setbacks of the underlying zone; (b) Height of building or structure provided that the project design protects the views and privacy of properties inside and outside of the project; (c) Required off-street parking spaces. (d) Landscaping requirements; (e) Sign requirements; (f) Design standards; (g) Lot size Exhibit A Ordinance No. 010-09 Page 80 of 138 (2) The following standards may not be modified or altered in a PRD are: (a) Shoreline regulations when the property is located in an area under the jurisdiction of the Shoreline Master Program; (b) Standards pertaining to development in environmentally sensitive areas; (c) Regulations pertaining to nonconforming uses, structures, or lots; (d) Subsequent standards adopted by City Council Ordinance or Resolution. (Ord. 046-07§2, 2007). 16.13.194 PRD platting requirements. When any parcel of land within a PRD is intended for sale or individual ownership, the platting requirements of the Port Orchard subdivision ordinance and applicable state laws pertaining to subdivisions shall be followed. Applications for plat approval must be submitted and processed concurrently with the application for planned residential development approval. (Ord. 046-07§2, 2007) . 16.13.195 PRD criteria for approval. (1) Planned residential developments may be proposed by the applicant to permit a residential development which otherwise could not be granted. Such a development must meet strict conditions and be a benefit to the surrounding neighborhood and community at large. (2) The applicant must specifically demonstrate why the PRD is needed by addressing the following criteria in the application: (a) Project will benefit the community more than if the project complied with the underlying zone standards, guidelines, and policies; (b) All proposed residential and other land uses are presented through detailed site plans, lot layouts, and building elevations; (c) Project will preserve unique or sensitive physical features such as steep slopes and views, and retain natural vegetation; (d) Project will provide more open space and recreational amenities than would be available under conventional land development practices; (e) Project uses creative design techniques to promote an uncluttered appearance such as a variety of lot sizes, parking at the rear of sites and the provision of alleys; (f) Demonstrate the project benefit to the surrounding neighborhood and community at large; (g) Specify the phasing of the development; and (h) Provide public facility sites or improvements, such as road improvements, utilities, parks, or open space. (Ord. 046-07§2, 2007). 16.13.200 Business Professional (BP). (1) Purpose: The purpose of the Business Professional (BP) zone differs from general commercial designations in that Business Professional limits the amount, size and type of retail uses. This designation is intended to support major employment centers such as Harrison Hospital and surrounding hospital/medical district and the Kitsap County administration campus, while serving as a transition with adjacent residential neighborhoods. (2) These purposes are accomplished by: (a) Providing for office uses as well as a wider range of the retail, professional, governmental, and personal services than are found in neighborhood and community business areas. (b) Encouraging planned developments that incorporate aesthetic as well as functional concerns. Exhibit A Ordinance No. 010-09 Page 81 of 138 (3) This zone is appropriate where: (a) Designated by the comprehensive plan when such areas are served by adequate public sewers, water supply, roads, and other needed public facilities and services as defined in the concurrency management system. (b) Areas are provided convenient, visible, and safe access by vehicle, transit, bicycle, and pedestrian circulation systems located on minor and major arterial roads. (c) appropriate where traffic management is required. 16.13.201 BP permitted uses. The following are permitted uses in the Business Professional retail and office (BP) zone: (1) Permitted uses are those as shown on Land Use Tables 1-8, POMC Chapter 16.30. (2) Accessory buildings or structures in accordance with the provisions of the POMC 16.08.006-16.08.012. (3) Signs in accordance with the provisions of the POMC Chapter 16.65. 16.13.202 BP Conditional uses. Conditional uses are those shown on Land Use Tables 1-8, POMC Chapter 16.30 and associated development standards as identified in Chapter 16.40 POMC. 16.13.203 BP lot area. Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. 16.13.204 BP lot coverage. Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. 16.13.205 BP yards. Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025. 16.13.206 BP building height. Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025. Exhibit A Ordinance No. 010-09 Page 82 of 138 Chapter 16.20 PROPERTY SPECIFIC DESIGNATIONS - OVERLAY DISTRICT Sections: 16.20.100 Property -specific designations. 16.20.105 Property -specific development standards (-p). 16.20.107 Property -specific development standards (-p) - general provisions. 16.20.108 Property -specific development agreements. 16.20.109 Property -specific site plan rezone designation (-sp). 16.20.115 Overlay zoning district designations, compliance. 16.20.120 Critical environmental overlay (-Ce). 16.20.125 Special district overlay designations (-sdod). 16.20.126 Uses. 16.20.127 Blackjack Creek corridor overlay. 16.20.200 Downtown Overlay District, (-DOD). 16.20.201 DOD permitted uses. 16.20.202 DOD non -conforming uses. 16.20.203 DOD conditional uses. 16.20.204 DOD conditional uses, decision criteria. 16.20.205 DOD lot area. 16.20.206 DOD lot coverage. 16.20.207 DOD minimum setback requirements. 16.20.208 DOD minimum residential dwelling unit size. 16.20.209 DOD structure and measurements. 16.20.210 DOD allowable building heights. 16.20.21 1 DOD heights within the central DOD, on the north side of Bay Street. 16.20.212 DOD heights within the central DOD, south of Bay Street. 16.20.213 DOD heights for lots that do not abut Bay Street. 16.20.214 DOD amenities for maximum building and structure height. 16.20.215 DOD "Gateways" heights for those lots abutting Bethel Avenue 16.20.216 DOD parking requirements. 16.20.217 DOD design standards. 16.20.218 DOD rooftop mechanical equipment and roof design. 16.20.219 DOD structure height modulation. 16.20.220 DOD building facades. 16.20.221 DOD service and loading areas. 16.20.222 DOD covered walkway. 16.20.223 DOD building exteriors and materials. 16.20.224 DOD landscaping requirements. 16.20.225 DOD pedestrian walkway requirements. 16.20.226 DOD design review process. 16.20.227 DOD pre -application meeting. 16.20.228 DOD application requirements. 16.20.229 DOD design review procedure and appeals. 16.20.230 DOD duration of appeal. 16.20.231 DOD approval runs with the land. 16.20.400 Historic residential neighborhood overlay (-hist). 16.20.500 Ross Creek Corridor Overlay, (-ross). 16.20.505 Ross Creek development standards. 16.20.510 Ross Creek best management practices (BMP). Exhibit A Ordinance No. 010-09 Page 83 of 138 16.20.515 Ross Creek additional application requirements. 16.20.600 Tremont Street Corridor Overlay District, TRMT. 16.20.601 TRMT permitted uses 16.20.604 TRMT permit application requirements. 16.20.605 TRMT review process. 16.20.606 TRMT appeals. 16.20.607 TRMT setback requirements. 16.20.608 TRMT front yard setbacks. 16.20.609 TRMT side yard setbacks. 16.20.610 TRMT rear yard setbacks. 16.20.61 1 TRMT lot coverage. 16.20.612 TRMT minimum street frontage. 16.20.613 TRMT building height. 16.20.614 TRMT design standards. 16.20.615 TRMT building walls and modulation. 16.20.616 TRMT roofline modulation. 16.20.617 TRMT windows and awnings. 16.20.618 TRMT building design. 16.20.619 TRMT siding materials. 16.20.620 TRMT landscape standards. 16.20.627 TRMT utilities. 16.20.628 TRMT parking and circulation standards. 16.20.633 TRMT signs. 16.20.700 View Protection Overlay District (- VPOD). 16.20.701 VPOD residential building and structure height limitations. 16.20.702 VPOD commercial building and structure height limitations. 16.20.703 VPOD additional height incentive. 16.20.704 VPOD minimum lot width open to view. 16.20.705 VPOD maximum building coverage. 16.20.706 VPOD trees and foliage - types and height. 16.20.707 VPOD trees - unreasonable obstruction prohibited - nuisance. 16.20.708 VPOD nuisance abatement process. 16.20.709 VPOD limitation of obligations. 16.20.710 VPOD application: limitation and exemption. 16.20.711 VPOD tree removal on city property. 16.20.712 VPOD exemptions. 16.20.713 VPOD- variances. 16.20.100 Property -specific designations - overlay districts. Properties that are conditioned with additional standards or use limitations shall be identified on the Zoning Map with suffix designations as described below. This chapter authorizes the creation and adoption of development standards or limited uses on specific properties beyond the general requirements of the code through property -specific development standards (-p), and special overlay districts while it carries out comprehensive plan policies and map designations which supplement or modify standard zones through different use, design or density standards. (1) Property -specific development standards shall be applied to specific properties through either area zoning or reclassification of individual properties. (2) Special district overlays shall be applied to specific properties or areas containing several properties through area zoning adopted in conjunction with the comprehensive plan. (Ord. 046-07§2, 2007). Exhibit A Ordinance No. 010-09 Page 84 of 138 16.20.105 Property -specific development standards (map designation -p). The purpose of the property -specific development standards designation (-p) suffix to a zone's map symbol is to provide for alternative development standards to address unique site characteristics and to address development opportunities that can exceed the quality of standard developments by establishing authority to adopt property -specific development standards including contract agreements on individual sites. Adding the '-p" suffix to a zone's map symbol indicates that conditions beyond the minimum requirements of this document have been applied to development on the property, including but not limited to increased development standards, limits on permitted uses or additional approval conditions. (Ord. 046- 07§2, 2007). 16.20.107 Property -specific development standards (map designation -p) - general provisions. (1) Property -specific development standards, denoted by the zoning map symbol (-p) after the zone's map symbol, shall be established on individual properties through either reclassifications or zoning. Upon the effective date of reclassification of a property to a zone with a (-p) suffix, the property -specific development standards adopted thereby shall apply to any development proposal on the property subject to City review, including, but not limited to: a building permit, grading permit, subdivision, short subdivision, subsequent reclassification to a conditional use permit, variance, and special use permit. (2) Property -specific development standards shall address problems unique to individual properties. (3) Applications for property -specific development standards shall cite the provisions of the code, if any, that are to be augmented, limited, or increased, shall be supported by documentation that addresses the need for such condition(s), and shall include street addresses, tax lot numbers or other clear means of identifying the properties subject to the additional standards. Property -specific development standards are limited to: (a) Specifying the range of permitted land uses. (b) Requiring special development standards for property with physical constraints, such as environmental hazards and scenic views. (c) Requiring specific site design features, such as building orientation, lot layout, clustering or access location. (d) Specifying the phasing of the development of a site. (e) Requiring community facility sites or improvements, such as road improvements, utilities, parks, open space or school sites. (4) Property -specific development standards shall not be used to expand permitted uses or reduce minimum requirements of the code. (Ord. 046-07§2, 2007). 16.20.108 Property -specific development agreements (map designation -p). (1) A property -specific development agreement may be proposed by the applicant to permit a very specific use to be allowed which would otherwise not be granted. The property -specific development standards designation (-p suffix to a zone's map symbol) would be attached to any parcel where conditions have been identified. Such a use must meet strict conditions and be a benefit to the surrounding neighborhood. (2) A property -specific development agreement cannot be used to expand permitted uses or reduce minimum requirements of the code. Exhibit A Ordinance No. 010-09 Page 85 of 138 (3) A property -specific use agreement shall be granted only if the proposed agreement shall: (a) Limit the range of permitted land uses, and/or (b) Require special development standards for property with physical constraints, such as environmental hazards and scenic views, and/or (c) Require specific site design features, such as building orientation, lot layout, clustering or access location, and/or (d) Specify the phasing of the development of a site, and/or (e) Require public facility sites or improvements, such as road improvements, utilities, parks, open space or school sites. (Ord. 046-07§2, 2007). 16.20.109 Property -specific site plan rezone designation (map designation -sp). The purpose of the site plan specific rezone ordinance designation (-sp suffix to a zone's map symbol) is to indicate that the property is subject to a site plan specific rezone ordinance. Any major modification, deviation or departure from the originally approved site plan shall require City Council approval. Removal of the -sp suffix shall be made by ordinance amending the zoning map (Ord. 046-07§2, 2007). 16.20.115 Overlay zoning district designations, compliance. (1) The Overlay Zoning District regulations implement sub area -specific policies in the Port Orchard Comprehensive Plan. Except as otherwise provided herein no building or structure shall be constructed nor shall any building or structure be moved, altered, enlarged, remodeled or rebuilt within any of the Special Overlay Districts identified herein except in compliance with the provisions of this chapter, which are in addition to City-wide zoning and land use regulations. (2) All uses permitted as of right by the underlying zoning designation are permitted uses. (3) To the extent the provisions of this chapter are inconsistent with other provisions of the POMC, the provisions of this chapter shall control; provided, that if there is an inconsistency between the requirements of this chapter and the City's Shoreline Master Program or Critical Areas Ordinance, then the requirements of the Shoreline Master Program or Critical Areas Ordinance shall control. (4) In those cases where more than one overlay district applies to a specific parcel, the most stringent Overlay District requirements will apply. Provided, however, in case of conflict between the VPOD and the DOD, the DOD provisions shall control. (Ord. 046-07§2, 2007). 16.20.120 Critical environmental area overlay designation (map designation -ce). (1) Purpose: The purpose of the critical environmental area overlay designation (-ce) suffix to a zone's map symbol) is to protect those lands and soils that are incapable of urban use and which pose special hazard, pollution, or degradation to the environment surrounding, or the public at large, if subjected to improper management and development. (2) These purposes are accomplished by: Identifying the limited performance criteria created by tributary drainage systems, floodplains and stream buffers, impermeable soils and wetlands, shallow depth to seasonal high water tables, non -compressive or unstable soil materials, bedrock escarpments, steep slope and erosion hazard, other hazards, archaeological sites and land forms. (3) This zone is appropriate where: Lands are determined to be environmentally sensitive or Critical Areas as defined by the Washington State Growth Management Act (GMA), the Port Orchard Critical Areas Ordinance, and this Title. (Ord. 046-07§2, 2007). 16.20.125 Special district overlay designations (map designation-sdod). Exhibit A Ordinance No. 010-09 Page 86 of 138 The purpose of the special district overlay designation (-sdod) suffix to a zone's map symbol is to carry out comprehensive plan policies that identify special opportunities for achieving public benefits by permitting or requiring alternative uses and development standards that differ from the underlying zoning designation. Special district overlays are generally applied to a group of individual properties or sub -areas and are designated primarily through the area zoning process adopted in conjunction with the comprehensive plan. New overlay districts or amendments to these districts may be adopted as part of this code to carry out new or different goals or policies. (Ord. 046-07§2, 2007). 16.20.126 Special district uses (-sdod). Unless they are specifically modified by the provisions of the overlay districts, the standard requirements of the underlying districts govern all development and land uses within special district overlays. A special district overlay on an individual site may be modified by property -specific development standards as described in this title. (Ord. 046-07§2, 2007). 16.20.127 Blackjack Creek Corridor Overlay (map designation -jack). (1) Boundaries. The boundaries and applicable standards of the Blackjack Creek Corridor Overlay District (-jack) are as defined in the Shoreline Master Program. (2) Design and Building Standards. (a) All proposed development within the Blackjack Creek ravine shall submit a geotechnical report on soil stability, prepared by a licensed engineer, which shows development as proposed or otherwise mitigated will not disrupt slope stability. (b) Single family structures located within the Blackjack Creek ravine should be located 200 feet from the ordinary high water line of Blackjack Creek. (c) Access Roads or driveways to single family development should not exceed a 12 percent slope. (d) Single family residences shall not be developed on slopes in excess of 20 percent. (e) All development shall comply with the City's Critical Areas Ordinance. (Ord. 046-07§2, 2007). 16.20.200 Downtown Overlay District (map designation -dod). (1) Boundaries: The DOD consists of three sub areas: the Central DOD sub area, DOD West Gateway sub -area, and DOD East Gateway sub -area, shall consist of all real property located within the area depicted on the comprehensive plan DOD map. (2) Unless exempt pursuant to Section 16.20.226, no City permit or approval shall be issued for, and no person shall start, any development that is subject to the design review process until the development has received design review approval. (3) Purposes. The purposes of the DOD are to: (a) Implement the land use goals and policies set forth in the Comprehensive Plan. (b) Provide for the development of an integrated mixed use downtown district that contains office, service, retail, residential and recreational uses within close proximity to one another. (c) Encourage imaginative site and building design and development while maintaining view corridors and a small town feel. (d) Identify significant environmental impacts and ensure appropriate mitigation with attention to sustainable or low -impact development. (e) Encourage environmentally sustainable development. (f) Promote economic development and job creation in the City. (g) Encourage energy conservation in building design and layout. Exhibit A Ordinance No. 010-09 Page 87 of 138 (h) Promote an integrated system of pedestrian -friendly walkways and parking areas. (i) Enhance the City's waterfront character while maintaining the maritime presence. (j) Encourage the development of buildings with ground floor retail with office uses and residential uses above. (k) Promote a walkable community by encouraging the development of public open spaces, waterfront access, and pedestrian -friendly walkways. (I) Locate and combine parking areas in order to minimize the number of points of access to and from Bay Street. (m) Encourage architectural and site designs that serve as gathering places in wet and dry conditions. (n) Promote greater public transportation availability within Port Orchard and across Sinclair Inlet during the evening hours to improve access to/from the DOD. (Ord. 046-07§2, 2007). 16.20.201 DOD permitted uses. All uses listed below are permitted uses. No other uses shall be permitted in the Central DOD, unless said use is accessory to the principal permitted use or uses. Uses within the East and West "Gateways" may include uses allowed within the underlying zone or any of the Central DOD uses. (1) On lots that do not abut Bay Street the following are permitted uses: (a) Single family attached dwellings. (b) Multifamily dwellings above the first floor, including but not limited to condominiums. (c) Amusement/entertainment including but not limited to theaters, bowling, amusement arcades; but excluding adult entertainment. (d) Barbers and beauticians. (e) Bed and Breakfasts. (f) Boat dealers; provided no inventory shall be allowed on site. (g) Conference centers. (h) Daycare. (i) Dock. (j) Commercial recreation. (k) General business services. (1) Health services, including offices, patient clinics, and medical/dental laboratories. (m) Hotels and motels. (n) Library. (o) Liquor and wine stores. (p) Marinas and marine supply. (q) Museums. (r) Parks. (s) Parking lots and parking structures. (t) Post Office. (u) Professional offices and services, including financial, accounting, and legal. (v) Public agency offices. (w) Retail sales and services listed as permitted uses in a commercial or mixed use zone in Land Use Tables 1-8, POMC 16.30.030 - 16.30.100, except for motor vehicle Exhibit A Ordinance No. 010-09 Page 88 of 138 dealers, auto supply stores, gas stations, boat dealers, adult entertainment, and fuel dealers. (x) Trails. (y) Water transportation facilities. (2) On lots that abut Bay Street the following are permitted uses: (a) Single family attached dwellings above the first floor. (b) Multifamily dwellings above the first floor, including but not limited to condominiums. (c) Amusement/entertainment including but not limited to theaters, bowling, amusement arcades; but excluding adult entertainment. (d) Barbers and beauticians. (e) Bed and Breakfasts above the first floor. (f) Boat dealers; provided no inventory shall be allowed on site. (g) Conference centers. (h) Daycare above the first floor. (i) Dock. (j) Commercial recreation. (k) General business services, except Bail Bonds and similar uses under SIC Code 7389 are prohibited from the ground floor and must be located above the ground floor. (1) Health services, including offices, patient clinics, and medical/dental laboratories above the first floor. (m) Hotels and motels. (n) Library. (o) Liquor and wine stores. (p) Marinas and marine supply. (q) Museums. (r) Parks. (s) Parking lots and parking structures. (t) Post Office. (u) Professional offices and services, including financial, accounting, and legal above the first floor. (v) Public agency offices above the first floor. (w) Retail sales and services listed as permitted uses in a commercial or mixed use zone in Land Use Tables 1-8, POMC 16.30.030 - 16.30.100, except for motor vehicle dealers, auto supply stores, gas stations, boat dealers, adult entertainment, and fuel dealers. (x) Trails. (y) Water transportation facilities. (Ord. 046-07§2, 2007). 16.20.202 DOD non -conforming uses. (1) All existing non-residential uses other than the uses specified in section 16.20.201, shall be legally non -conforming uses. Provided, an existing non-residential use may be expanded if the expansion does not more than double the square footage of the use as it existed on the effective date of these regulations. (2) All existing single family detached residential uses shall be legally non -conforming uses and may be expanded, altered, or rebuilt provided the structure continues to comply with Table 9, "Density and Dimensions" POMC 16.40.025. (Ord. 046-07§2, 2007). 16.20.203 DOD conditional uses. Exhibit A Ordinance No. 010-09 Page 89 of 138 Uses that require a conditional use permit: 1. Any retail store or complex of retail stores with more than forty thousand (40,000) square feet of total combined floor area that is otherwise allowed as a permitted use; 2. Any building or structure that exceeds the maximum allowable building heights set forth in POMC 16.20.211-213 and that is otherwise allowed as a permitted use. (Ord. 046-07§2, 2007). 16.20.204 DOD conditional uses, decision criteria. Applicable standards for granting a conditional use permit are as follows: (1) Meets the criteria set forth in POMC 16.35; (2) Project will be designed in accordance with the design standards set forth in POMC Sections 16.20.217 - 16.20.223; and (3) The applicant agrees to provide a special amenity or amenities as listed in POMC Section 16.20.214 with a monetary value of one percent (I%) of the value of the new/proposed building and land. This requirement shall be in addition to any amenity(ies) that the applicant is providing in order to exceed the basic allowable structure height. (Ord. 046-07§2, 2007). 16.20.205 DOD lot area. No minimum lot size is required within the Central DOD area. It is the intent of this title that each enterprise or use be located on a site commensurate with its use and sufficient to meet the requirements for off street parking, loading and unloading, and setbacks. (Ord. 046-07§2, 2007). 16.20.206 DOD lot coverage. Development shall comply with the maximum land coverage requirements for the underlying zone, as set forth in Table 9, "Densities and Dimensions", POMC 16.40.025; provided, there is no maximum lot coverage for development on either side of Bay Street between Harrison Avenue and Orchard Avenue. (Ord. 046-07§2, 2007). 16.20.207 DOD minimum setback requirements. (1) Except as otherwise required by the Shoreline Master Program and Critical Areas Ordinance, as now or hereafter amended, there is no minimum setback from a property line that does not abut a street right of way or alley. (2) There is no minimum setback from a property line that abuts a street right of way provided there is a ten (10) foot wide pedestrian walkway If there is inadequate right of way to establish a ten (10) foot wide pedestrian walkway, then the building shall be set back a sufficient distance to accommodate a ten (10) foot wide pedestrian walkway. (3) The setback from a property line that abuts an alley shall comply with the requirements for the underlying zone as set forth in Table 9, "Densities and Dimensions", POMC 16.40.025. (Ord.046-07§2, 2007). 16.20.208 DOD minimum residential dwelling unit size. The minimum residential dwelling unit size shall be six hundred (600) square feet. (Ord. 046-07§2, 2007). 16.20.209 DOD structure and measurements. (1) For purposes of the DOD, structure and building height shall include: Roof forms and decorative elements not intended for occupancy; mechanical penthouses and elevator overruns and machine rooms; parapets; and all other roof structures. (2) Where existing grade and finished grade are different, the lower of either existing grade or finished grade shall be used to calculate vertical height. For those lots that are Exhibit A Ordinance No. 010-09 Page 90 of 138 between Bay Street and Prospect Street/Alley and currently abut Bay Street, the existing Bay Street elevation shall be the basis for measuring structure height. (Ord. 046-07§2, 2007). (3) For those lots within the DOD abutting Bay Street, the Bay Street elevation shall be the basis for measuring building height. (4) For those properties in the DOD "Gateway" abutting Bethel Avenue, Bethel Avenue shall be the basis for measuring building height. 16.20.210 DOD allowable building heights. Building heights may vary based on location of parcel within the DOD and by the opportunity to achieve a higher structure if certain amenities are incorporated into the development design. (Ord. 046-07§2, 2007). 16.20.211 DOD heights within the central DOD and DOD East & West "Gateways", on the north Side of Bay Street. The maximum allowable building height limit shall be twenty-seven (27) feet, which may be increased up to thirty-nine (39) feet when the applicant: (1) Meets the requirements for a conditional use permit, as set forth in POMC Chapter 16.35. (2) Provides a special amenity(ies) in accordance with POMC Section 16.20.214 with a monetary value of one percent (1%) of the value of the new/proposed building and land; and (3) Complies with the requirements of POMC 16.20.219 regarding reduced floor area above twenty-seven (27) feet. Provided, in no circumstances shall the maximum allowable structure height exceed twenty-seven (27) feet, which may be increased up to thirty-nine feet when the conditions listed in this subsection (1) are satisfied. (Ord. 046-07§2, 2007). 16.20.212 DOD heights within the central DOD and DOD East & West "Gateways", south of Bay Street. For lots that are between Bay Street and Prospect Street/Alley and abut Bay Street, the maximum allowable building height limit shall be thirty-nine (39) feet, which may be increased up to fifty-five (55) feet when the applicant: (1) Meets the requirements for a conditional use permit, as set forth in POMC Chapter 16.35; (2) Provides a special amenity(ies) in accordance with POMC 16.20.214 with a monetary value of one percent (1%) of the value of the new/proposed building and land; and (3) Complies with the requirements of POMC 16.20.219 regarding reduced floor area above thirty-nine (39) feet. Provided, in no circumstances shall the maximum allowable structure height exceed thirty-nine (39) feet, which may be increased up to fifty-five (55) feet when the conditions listed in this subsection (2) are satisfied. (Ord. 046-07§2, 2007). 16.20.213 DOD heights for lots that do not abut Bay Street. The maximum allowable building height limit shall be twenty-seven (27) feet, which may be increased up to thirty-nine (39) feet when the applicant: (1) Meets the requirements for a conditional use permit, as set POMC Chapter 16.35; (2) Provides a special amenity(ies) in accordance with POMC 16.20.214 with a monetary value of one percent (1%) of the value of the new/proposed building and land; and (3) Complies with the requirements of POMC 16.20.219 regarding reduced floor area above twenty-seven (27) feet. Provided, in no circumstances shall the maximum allowable structure height exceed twenty-seven (27) feet, which may be increased up to thirty-nine feet when the conditions listed in this subsection (2) are satisfied. (Ord. 046-07§2, 2007). Exhibit A Ordinance No. 010-09 Page 91 of 138 16.20.214 DOD amenities for maximum building and structure height. One or more special amenities at a cost at least equal to the monetary values set forth in POMC 16.20.211 and 16.20.212 are required to be provided whenever a development proposes to exceed the maximum allowable building height or structure height, or as provided in POMC 16.20.210. Under no circumstances shall a building exceed the maximum structure height except as provided in POMC 16.20.211 and 16.20.212 above. The design of each amenity will be reviewed to ensure that it is appropriate for the proposed location and provides for a public benefit. All amenities must be maintained for the life of the building. All amenities must be constructed on the site of the proposed development. Any one of the following meets the requirement for a special amenity: (1) Exterior public space that meets all of the following design standards: (a) The space has a dimension ratio of not more than 5:1 (length: width); (b) Seating is provided at one (1) seat for each one hundred (100) square feet of public space; (c) Incorporates a variety of trees and other plantings covering at least 20% of the space; (d) Includes art or water features; (e) Maximizes solar exposure during the summer; and (f) Provides access and visibility from the nearest public sidewalk or walkway or signage to indicate the same. (2) A water feature that provides access and visibility from the nearest public sidewalk or walkway or signage to indicate the same. (3) Public access opportunity by means of a ten (10) foot wide public sidewalk or walkway between buildings for the entire length of the property such that the pathway is perpendicular to an existing public sidewalk and provides mid -block access between existing buildings. At least twenty percent (20%) of the area shall be landscaped. (4) For waterfront development, a water view opportunity by means of a ten (10) foot wide public pathway along the property perimeter down one side line of the property for the entire length of the property to mean higher high water, bulkhead, or to the waterside face of a structure, whichever is further water ward, then across the waterside face of the property or structure. (5) Water view opportunity by means of a public viewing platform. The minimum area of the platform shall be twenty-five percent (25%) of the structure's footprint. The platform may have access that is independent from the primary access in and out of the building. The platform shall also contain landscaping elements. Railings around the platform may exceed the maximum height permitted for the structure. In addition, the public viewing platform shall comply with the following requirements: (a) Seating shall be provided at one (1) seat for each one hundred (100) square feet of public space; (b) Incorporate a variety of trees and other plantings covering at least 20% of the space; (c) Include art or water features; and (d) Has direct solar exposure during the summer. (6) For waterfront development, a harbor access opportunity by means of public access to a pier constructed in a manner consistent with the City's Shoreline Master Program and connected by a minimum five-foot wide public pathway to the frontage street. A minimum of ten -feet of open water on each side shall surround the pier. (7) For waterfront development, a harbor access opportunity by means of public access to a small boat landing available for transient use by rowboats, canoes, dinghies, kayaks, etc., constructed in a manner consistent with the City's Shoreline Master Program and Exhibit A Ordinance No. 010-09 Page 92 of 138 connected by a minimum five-foot wide public pathway to the frontage street. A minimum of ten -feet of open water on each side shall surround the small boat landing. (8) For waterfront development, a harbor access opportunity by means of public access to transient moorage for up to two 30-foot boats, which must have a minimum water depth of eight feet, must be easily accessible to visiting boats, and posted with signage that can be read at a distance of 100 feet. (9) A vegetated roof as defined in the "Low Impact Development Technical Guidance Manual for Puget Sound" (January 2005), as now or hereafter amended. Provided, a minimum of 50% of the total roof top area of the building, excluding the space occupied by mechanical equipment, shall meet the requirements of a vegetated roof. As used herein, the roof top area is not limited to the uppermost portion of the building but includes all roof areas. (10) With regards to the special amenities described in subsections 1, 2, and 3 above, nothing shall prohibit two or more property owners from combining their several special amenity obligations into a single amenity; provided, the amenity is constructed on at least one of the parcels being developed. When two or more property owners combine their special amenity obligations, then the requirements for the combined single amenity shall be 100% of what would otherwise have been required if done separately. (11) With regards to the special amenities described in subsections (1) and (2) above, a property owner may apply to the City to contribute to an amenity to be built on public land within the Central DOD; provided the property owner must contribute an amount equal to 2% of the value of the new/proposed building and land. The City shall have sole discretion to accept or reject the application as it deems appropriate. (12) An enclosed plaza (such as an atrium or galleria) consisting of a publicly accessible continuous open space located within a building and covered to provide overhead weather protection while admitting natural daylight and which meets the following design standards: (a) The space has a dimension ratio of not more than 5:1 (length: width); (b) Seating is provided at one (1) seat for each one hundred (100) square feet of public space; (c) At least 5% of the area must be landscaped; (d) Must be accessible to the public at least during normal business hours; (e) Must be signed (interior and exterior) to identify the enclosed plaza is available for public use; and (f) Must be visible from the building's primary public entrance. (13) Public restroom. A room or rooms containing toilets and lavatories for the use of the general public, with only limited control for purposes of personal safety and which are: (a) Accessible to the public at least during normal business hours; (b) Handicapped accessible; (c) Signed (exterior and interior) to identify their location and availability for public use; and (d) Not otherwise required by law. (Ord. 046-07§2, 2007). 16.20.215 DOD "Gateways" heights for those lots abutting Bethel Avenue. The maximum allowed building height limit shall be thirty-nine (39) feet, which may be increased up to fifty-five (55) feet with a Conditional Use Permit (CUP) when the applicant: (1) Meets the requirements for a conditional use permit, as set POMC Chapter 16.35; (2) Provides a special amenity(ies) in accordance with POMC 16.20.214 with a monetary value of one percent (1%) of the value of the new/proposed building and land; and (3) Complies with the requirements of POMC 16.20.219 regarding reduced floor area above thirty-nine (39) feet. Provided, in no circumstances shall the maximum allowable structure Exhibit A Ordinance No. 010-09 Page 93 of 138 height exceed thirty-nine (39) feet, which may be increased up to fifty-five (55) feet when the conditions listed in this subsection (2) are satisfied. 16.20.216 DOD parking requirements. The general parking standards set forth in POMC Chapter 16.45 shall apply unless a more restrictive provision is set forth in the DOD specific parking standards set forth in 16.45.150. (Ord. 046-07§2, 2007). 16.20.217 DOD design and building standards. The design and building standards set forth in sections 16.20.218 - 16.20.225 shall be interpreted and applied so as to promote development that is compatible with the City's historic character and the scale of existing buildings, to maintain views, and to create a pedestrian -friendly environment, and shall be used by the DRB review of all development applications. (Ord. 046- 07§2, 2007). 16.20.218 DOD rooftop mechanical equipment and roof design. (1) Rooftop mechanical equipment shall be concealed from view by a roof form integrated with the overall architecture of the building, either by locating the equipment within the structure or concealing it from view behind a parapet that is at least as high as the equipment. Views of rooftop mechanical equipment from nearby hillsides shall be minimized. (2) Roof design shall reduce the mass and scale of buildings, add visual interest and prevent glare. Flat roofs shall have parapets or screening to conceal the roof and mechanical equipment. Sloping roofs shall have three or more roof planes. When designing rooftops visible from hillsides, special attention shall be given to prevention of reflective glare and placement/design of mechanical equipment. Roof gardens or vegetated roofs, as defined in POMC 16.20.21(I), are encouraged. Roof ridgelines that are perpendicular to Bay Street are encouraged. (Ord. 046-07§2, 2007). 16.20.219 DOD Structure height modulation. If the structure height of a building exceeds thirty-nine (39) feet, its height shall be modulated as follows: (1) If a building's fapade is within ten (10) feet of a sidewalk, plaza, courtyard, or similar pedestrian area, then at no higher than twenty (20) feet in height, as measured from finished grade, and at each floor or story above twenty (20) feet its height shall be modulated by adding building elements such as a wing of the building, trellis, lower roof overhand, horizontal projection at least two (2) feet deep, awning, balcony, or other architectural feature to reduce the apparent height to a more human scale. (2) For structures on lots that are between Bay Street and Prospect Street/Alley and that abut Bay Street, above thirty-nine (39) feet, the gross floor area shall be not more than 75% of the gross floor area immediately below, which shall be designed and constructed to create view corridors perpendicular to Bay Street on one or both sides of the structure that rises in excess of thirty-nine (39) feet in height. (3) For structures north of Bay Street or south of Bay Street that do not abut Bay Street, above twenty-seven (27) feet, the gross floor area shall be not more than 75% of the gross floor area immediately below, which shall be designed and constructed to create view corridors perpendicular to Bay Street on or one or both sides of the structure that rises in excess of twenty- seven (27) feet in height. (4) All view corridors should be located to maximize the views and solar access of neighboring lots. (Ord. 046-07§2, 2007). Exhibit A Ordinance No. 010-09 Page 94 of 138 16.20.220 DOD building facades. (1) A building fagade, whether the front, side, or rear of the building, that exceeds fifty (50) feet in length shall be broken down into smaller elements by jogging the wall in or out a minimum of four feet for at least ten (10) feet of length, or by adding an element such as a porch, recessed entry, bay window, projecting trellis, or similar substantial architectural feature at least four (4) feet deep by ten (10) feet wide by one-story high, at intervals so that no continuous wall plane is more than fifty (50) feet in length. (2) Any sidewalk level building fagade that faces a downtown street shall have at least thirty percent (30%) of the street level frontage area in transparent glass windows. (3) Every building north of Bay Street that is on a waterfront lot shall have attractive front fagade qualities on both the street frontage and the side facing the waterfront. (Ord. 046- 07§2, 2007). 16.20.221 DOD service and loading areas. Dumpsters, loading platforms, storage areas, and similar functions shall be screened from public rights of way and adjacent properties by attractive view -obstructing fencing dense landscaping, or other improvements. Screening shall be at least six (6) feet in height and shall be complementary to building design and materials. The use of a chain link - slat combination for fencing is prohibited. On waterfront lots, dumpsters and storage areas shall be located to the side of the building, and not between the building and the water. Wherever possible, adjoining property owners are encouraged to designate a common area for dumpsters and storage. (Ord. 046-07§2, 2007). 16.20.222 DOD covered walkway. All development within the Central DOD either fronting Bay Street or fronting Sidney Avenue north of Bay Street shall meet the following additional standard: (1) Existing City -owned covered walkway. With respect to property where there is an existing City -owned covered walkway, a property owner who is constructing a new building shall either replace the existing City -owned covered walkway with an identical structure or propose an alternative form of weather protection such as a canopy, second floor exterior deck, or similar protective structure that extends not less than five feet over the sidewalk provided it is structurally sound and consistent with the design guidelines set forth in these regulations. The building owner shall be responsible for maintaining and repairing any such alternative structure in an attractive manner for the life of the building. Vinyl or soft plastic canopies shall not be allowed. In addition, a performance bond shall be required in an amount to be determined by the City Engineer so as to assure that the existing City -owned covered walkway on the adjacent properties is not damaged and the new structure is built as designed and approved. (2) No existing City -owned covered walkway. With respect to property where there is no existing City -owned covered walkway, at least fifty percent (50%) of the building frontage on either the Bay Street or Sidney Avenue side of the building located north of Bay Street shall include weather protection in the form of a canopy, second floor exterior deck, or similar protective structure that extends not less than five feet over the sidewalk. The building owner shall be responsible for maintaining and repairing any such alternative structure in an attractive manner for the life of the building. Vinyl or soft plastic canopies shall not be allowed. (Ord. 046- 07§2, 2007). 16.20.223 DOD building exteriors and materials. (1) High quality materials and colors should bring a visually interesting experience into the streetscape. Color should be carefully considered in relation to the overall design of the building and surrounding buildings. Variations in materials and colors should be generally limited to what is required for contrast or to accentuate architectural features. Piecemeal Exhibit A Ordinance No. 010-09 Page 95 of 138 embellishments and frequent changes in materials are to be avoided. Building design and materials should embody the distinctive characteristics of the late nineteenth and early twentieth centuries. (2) Exterior building facades should be constructed of high quality and durable materials such as brick, concrete tinted a subdued or earthen color, sandstone, similar stone facing material, wood siding or other building materials consistent with this section. Aluminum, painted metal, wood, and other materials may be used for signs, window and door sashes and trim, and for similar purposes when compatible with adjacent uses. Materials and colors should be used with consistency on all sides of a building. Materials which are prohibited on the exterior facades include beveled metal siding, mirrored glass, and vinyl siding. (Ord. 046-07§2, 2007). 16.20.224 DOD landscaping requirements. The general landscape standards set forth in POMC Chapter 16.50 shall apply unless a more restrictive provision is set forth in the DOD specific landscape standards set forth in 16.50.240. (Ord. 046-07§2, 2007). 16.20.225 DOD pedestrian walkway requirements. Pedestrian walkways within the Central DOD shall meet the following requirements: (1) If the subject property is adjacent to a street, it shall provide a pedestrian walkway that shall be constructed of concrete or unit pavers, a minimum of ten (10) feet in width as measured from the face of the street curb to the face of the structure, and shall extend the entire frontage of the property adjacent to a street. If the pedestrian walkway can not be accommodated within existing public right of way, the difference shall be made up with a public easement over private property. Buildings may cantilever over the pedestrian walkways provided the building extension does not overpower the pedestrian space or create a tunnel, cave or similarly confined spatial effect. (2) Pedestrian walkways must be visually distinct from parking lot and driveway surfaces and shall be characterized by concrete or masonry materials. Walkways must be functionally separate from parking lots and driveways except where the crossings are located. Plans shall indicate details regarding pedestrian walkway surface treatments, planned interruptions, widths, course and lighting. (Ord. 046-07§2, 2007). 16.20.226 DOD design review process. (1) Application. The design and building standards set forth for the DOD chapter apply to the following activities within the Central DOD: (a) Developing an undeveloped site; (b) Constructing or locating a new building on a developed site; (c) Adding a new floor area to an existing building; or (d) Changing the exterior appearance of over twenty percent (20%) of a fagade visible from a public right of way, park, or the water. (2) Exemptions. The following activities are exempt from the design review and building standards set forth in this section: (a) Any activity which does not require a building permit; (b) Any activity on the exterior of a building for which the total cost or fair market value, whichever is higher, does not exceed $5,000; (c) Interior work which does not alter the exterior of the structure; or (d) Normal building maintenance including the repair or maintenance of structural members. (Ord.046-07§2, 2007). 16.20.227 DOD pre -application meeting. Exhibit A Ordinance No. 010-09 Page 96 of 138 The proponent of a development project subject to design review shall meet with staff and one member of the Design Review Board (DRB) at a pre -application meeting to identify and review applicable design guidelines. Staff shall identify the appropriate permit process, provide a list of application materials, and provide design recommendations based upon applicable standards. This pre -application meeting shall be part of the overall land use or building pre -application meeting covering other project related issues. (Ord. 046-07§2, 2007). 16.20.228 DOD application requirements. Applications for design review shall be submitted to the Planning Department and shall consist of a completed application on a form prescribed by the Planning Department, the appropriate fee and the following materials: (1) Preliminary architectural renderings with elevations and details of architectural features, but not construction ready documents. (2) The type and finished color of exterior siding, windows and roofing to be used, signs and trim to the extent known. The applicant is encouraged but not required to provide sample colors of all factory finished materials. (3) Site plan (including landscaping details if required) drawn to scale no smaller than 1 inch equals 30 feet showing location and size of all structures, buffer areas, yards, open spaces, common areas or plazas, walkways, and parking areas sufficiently complete to show comprehensive project design. (4) Details on how mechanical and utility equipment will be screened. (5) Color, type, and specification of all fencing materials. (6) The type, model, color, location, height, wattage, and area of illumination for all outdoor light fixtures. (7) The type, model, location, and color of all outdoor furniture, trash receptacles, accessories, and such other items as the Director of Planning deems necessary for effective review. (Ord. 046-07§2, 2007). 16.20.229 DOD design review procedure and appeals. After the applicant has attended a pre -application meeting pursuant to Section 16.20.227 and submitted a complete design review application pursuant to Section 16.20.228 then the development project shall be considered in the following manner: (1) The Planning Director shall schedule a meeting with the applicant and the DRB. The Planning Department shall send notice of the meeting to property owners within 300 feet of the subject property. The meeting shall be open to the public and shall consist of a presentation by the applicant, or his representative, that focuses on how the proposed design meets the criteria of the applicable design and building standards. The DRB will ask clarifying questions and take public comment. (2) The DRB shall review the application materials to determine whether the proposed development meets the identified standards. The DRB shall provide a written recommendation to the Director for approval, approval with conditions, or denial. (3) It is possible that an alternative design or departure from the design standards may fulfill the intent and objectives of the applicable design standards and this chapter, while not complying with the requirements of those standards. The DRB may recommend approval or approval with conditions for an application that proposes an alternative design or departure from the design standards provided: (a) The recommendation is approved by three quarters or more of the appointed members of the DRB; (b) The alternative design or design departure is consistent with the purposes, intent, and objectives of the applicable design standards; Exhibit A Ordinance No. 010-09 Page 97 of 138 (c) Approval will not constitute a grant of special privilege inconsistent with the limitation upon uses of properties in the vicinity of the subject property; and (d) Due to the physical characteristics and/or existing buildings on the site or on abutting properties, or due to unique characteristics of the site, strict adherence to the applicable design standards would create an unreasonable hardship for the applicant or would be unsafe. (4) The applicant may request additional meetings with Planning staff or the DRB, for instance, in circumstances where the applicant has subsequently made extensive revision and desires reconsideration of his request. Should the proposed development be found to have one or more standards that have not been successfully addressed, the DRB or staff will work with the applicant to remedy, if possible, the identified circumstances. If it is not possible to come to a workable solution, the DRB may recommend denial of the proposal. (5) Once the Planning Director has received the DRB's recommendation, an open record hearing before the City Council shall be scheduled for the application or both the application and the underlying permit application. (6) The DRB's recommendation shall hold substantial weight. Following the public hearing and consideration of the DRB's recommendation, the City Council shall grant, deny, or conditionally approve the design features of the proposed development. Any deviation from the DRB's recommendation shall be documented in the City Council's findings and conclusions. (7) The City Council's decision shall be a final decision and is appealable to Kitsap Superior Court. (Ord. 046-07§2, 2007). 16.20.230 DOD duration of approval. (1) Time limit. Construction on development projects that receive design approval shall commence within 12 months from the date of design approval, or the City Council's approval shall be null and void unless the applicant submits a fully completed application for an extension of time prior to the expiration date. For the purposes of this section the date of approval shall be the date on which the City Council's minutes, or other method of conveying the final written decision, are mailed to the applicant. In the event of an appeal, the date of approval shall be the date on which a final decision is entered by a court of competent jurisdiction. (2) Time extension. The applicant may apply for a one time extension of up to one year by submitting a letter, prior to the date that approval lapses, to the Planning Director along with any other supplemental documentation which the Director may require, which demonstrates that circumstances beyond the applicant's control are preventing timely compliance. In the event of an appeal, the one year extension shall commence from the date a final decision is entered in favor of such extension. The applicant shall include with the letter of request such fee as the City may require, if any. (3) Review of request for extension. The review of a request for an extension shall be reviewed by the Planning Director as an administrative determination. (Ord. 046-07§2, 2007). 16.20.231 DOD approval runs with the land. Subject to the time limits set forth in POMC 16.20.230, the design approval for a project shall remain in force upon a change of ownership of the site, business, or use that was the subject of the permit application. In the event the new owner desires to change existing design aspects that are otherwise regulated by applicable design and building standards, then the new owner must submit a new application for design review and comply with the provisions of this chapter. (Ord. 046-07§2, 2007). 16.20.400-16.20.713 remain unchanged from Ord. 046-07§2, 2007 Exhibit A Ordinance No. 010-09 Page 98 of 138 Chapter 16.30 GENERAL LAND USE REQUIREMENTS - TABLES Sections: 16.30.010 Establishment of uses. 16.30.020 Interpretation of land use tables. 16.30.030 Land Use Tablet — Government/Business Services. 16.30.040 Land Use Table 2 — General Services. 16.30.050 Land Use Table 3 — Manufacturing. 16.30.060 Land Use Table 4—Recreational/Cultural. 16.30.070 Land Use Table 5 — Regional. 16.30.080 Land Use Table 6 — Residential. 16.30.090 Land Use Table 7—Resource. 16.30.100 Land Use Table 8—Retail. 16.30.010 Establishment of uses. The use of a property is defined by the activity for which the building or lot is intended, designed, occupies, or maintained. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a temporary use, and subject to the requirements of this title. All applicable requirements of this title, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area. 16.30.020 Interpretation of land use tables. The land use tables in this title determine whether a specific use is allowed in a zone district. The zone district is located on the column and the specific use is located on the row of these tables. (1) If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for certain temporary uses. (2) If the letter "P" appears in the box at the intersection of the column and the row, the use is allowed in that district subject to the review procedures and general requirements specified in this document. (3) If the letter "C" appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review procedures and general requirements specified in this document. (4) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of this document, and the specific conditions indicated in the development condition with the corresponding number immediately following the land use table. (5) If more than 1 letter -number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of this document, and the specific conditions indicated in the development condition with the corresponding number immediately following the table. (6) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. Exhibit A Ordinance No.010-09 Page 99 of 138 16.30.030 —Table 1 Government /business services land uses (p=permitted, c=conditional, a=administrative permit required) a o c - _ .O C J Z O O O C E ` c > m ro v A v T y m c a c m c U c c U w 7 j. -moo v v 0 N a u 3 U O M W O U Government services GB RMH R4.5[R8R12 R20 CO BP MU EO CF * Public agency office c p c p p * Public agency yard p p * Public agency archives p p 921 Court p 9221 Police facility p 9224 Fire facility p * Subregional utility c c cc c c c c p Minor communications facility p2 p2 p2 p2 p2 p2 p2 p p Business services 15-17 Construction and trade p3 p3 p Individual transportation and * taxi p 421 Trucking and courier service c4 c4 p Warehousing and wholesale * trade c p * Self-service storage c5 c5 c p 4221 Farm product warehousing p Farm product refrigeration and 4222 storage p * Log storage Water transportation of 44 passengers p8 p8 p8 p8 47 Transportation service p3 p3 p 48 Communication offices p3 p3 p3 p * General business service p p p * Professional office p a p p 7312 Outdoor advertising service p3 p 735 Miscellaneous equipment rental c p 751 Automotive rental and leasing p p 752 Automotive parking c a9 a9 a9 a9 p p Professional sport 7941 teams/promoters p3 p3 p3 p Research, development and 873 testing p1 pl p p Heavy equipment and truck * repair p Commercial/industrial accessory * uses p6 p6 p * Helipad c c c p7 Exhibit A Ordinance No. 010-09 Page 100 of 138 Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Only SIC industry number 8732 and 8734 - Commercial economic, sociological and education research. 2: Subject to conditional approval when the tower or antenna support will exceed the height limits of the underlying zone. 3: Limited to office use. 4: Limited to SIC industry number 4215-Courier Services, except by air. 5: Accessory to a multifamily development of at least 12 units provided: a: The gross floor area in the self-service storage shall not exceed the total gross floor area of the multifamily dwellings. b: All outdoor lights shall be deflected, shaded, and focused downward away from all adjoining property. c: The use of the facility shall be limited to the occupant's household goods. d: No servicing or repair of motor vehicles, boats, trailers, lawn mowers of similar equipment. e: No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals. f: No residential occupancy of the storage units. g: No business activity other than rental of storage units by occupants. h: A resident shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval. 6: Storage limited to accessory storage of commodities sold at retail on the premises or materials used in the fabrication of commodities sold on the premises. 7: Limited to emergency medical evacuation sites in conjunction with police, fire, health or public service facility. 8: Subject to conditional approval when additional parking is required. 9: Subject to conditional approval within Downtown Overlay District, or if a parking structure is proposed Exhibit A Ordinance No.010-09 Page 101 of 138 16.30.040 —Table 2 General services land uses (p=permitted, c=conditional, a=administrative permit required) v c _ v v — c 2 - N a E a .`Ni. w u LL o — c o W v m y ry is N m y A v � n. vi 'c E m E u a w o. m v w w 0 'p J h V ,S W O. j V K L K J K K J K J U O M W U Personal services GB RMH R4.5 R8 R12 R20 CO BP MU EO CF 72 General personal services p p c 7216 Dry cleaning plants P 7218 Industrial launderers P 7261 Funeral home/crematory c c c c c p3 Cemetery, columbarium or * mausoleum P * Day care p p5 p5 p5 p5 p5 p p p P * Veterinary clinic p4 p4 P4 753 Automotive repair Pl cl pl c 754 Automotive service P c p * Marina -boat repair p p P 762/3 Misc repair-electrical/electronic p P P 764/9 Misc repair-furniture/welding c c p 83 Social services P2 a p2 p P2 * Stable c c * Kennel or cattery c c c 866 Churches, synagogue, temple c c c c c P Health services 801-4 Office/patient clinic c P p p p Nursing and personal care 805 facilities c p p P 806 Hospital P 807 Medical/dental lab p p P P P 808-9 Miscellaneous health p c p P Education services * Elementary or middle/junior high c c c c P * Secondary or high schooll c c c c p * Vocational school c c c c p * Specialized instruction school c c c c p p p * School district support facility c c c c P c 8221-2 College/university c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except SIC industry group number 7534-Tire retreading, see manufacturing table. 2: Except SIC industry group p 835-Daycare and 836-Residential care - see residential land use table. 3: Only as an accessory to a cemetery. 4: No burning of refuse or dead animals is allowed. 5: If less than or equal to 6 children, the use is permitted. Otherwise an administrative permit is required. 6: No kennel operations allowed. Exhibit A Ordinance No. 010-09 Page 102 of 138 16.30.050 — Table 3 Manufacturing land uses (p=permitted, c=conditional, a=administrative permit required) v _ 6 _ c v 9 O O O O O ul O ri O N '^ vU E V W '-I N w I y M O w — E m M c U c c o`i v E o c E v -vo « -vo Y -vo Y -vo Y v n 0 v 0 W C v c:UI C N c:O C 7 cx E O W 3 U M M G W G U Manufacturing land uses GB RMH R4. R8 R12 R20 CO BP MU EO CIF 5 Food processing and kindred p2, p2, 20 products cl cl 4 4 p2 2082/5 Winery/brewery c c c c p 22 Textile mill products c 23 Apparel and other textile products c c p 24 Wood products except furniture c3 c3 p 25 Furniture and fixtures p4 p4 p 26 Paper and allied products c 27 Printing and publishing c c c c p p p 28 Chemicals and allied products c Petroleum refining and related 29 products c 30 Rubber and misc plastics c 31 Leather and leather goods p4 p4 c Stone, clay, glass and concrete 32 products p4 p4 p 33 Primary metal industries c 34 Fabricated metal products p p 35 Industrial and commercial machinery p 351-56 Heavy machinery and equipment p 357 Computer and office equipment c c p Electronic and other electric 36 equipment c c p 374 Railroad equipment c Guided missile and space vehicle 376 parts p 379 Miscellaneous transportation vehicles p Measuring and controlling 38 instruments p p p 39 Miscellaneous light manufacturing c4 c4 p Motor vehicle and bicycle * manufacturing c4 c4 p * Aircraft, ship and boat building c4 c4 p 7534 Tire retreading c 781-82 Movie production/distribution c c I p Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Limited to agricultural products grown on -site, provided structures and areas used for processing shall maintain a minimum distance of 75 feet from property lines adjoining residential zones. 2: Except slaughterhouses. 3: Limited to uses found in SIC industry groups 2434-Wood kitchen cabinets and 2431-Millwork (excluding planing mills). 4: Permitted if within enclosed buildings and as an accessory use to retail sales. Exhibit A Ordinance No.010-09 Page 103 of 138 16.30.060 —Table 4 Recreational/cultural land uses (p=permitted, c=conditional, a=administrative permit required) v v N i V U E U U m M _ 0 N h t Y Y a• a• C _ �. W — E E lO in J N 0 0 c E .4 W v I m ` LL N C > N m 76 N 7 N a c c c c c `E 0, a m E c E v _E-2o a w a U l7 a ac W U o mJ w o U Park and recreation GB RMH R4.5 R8 R12 R20 CO BP MU EO CF * Park c c c c c c c c c p1 * Trail p p p p p p p p p p * Campground c * Destination resort c c c * Marina p c p p Recreational vehicle park c2 c2 Amusement/entertainment 7832 Theater p3 p3 p3 7833 Theater, drive-in c 79 Miscellaneous Amusements c c c 792 Plays/theatrical production c3,6 p3 p3 p3 793 Bowling center p c * Sports club c p p p p * Golf facility p4 7999 Golf driving range p4 Shooting range - guns and * firearms c * Archery range c c c * Adult entertainment facilities c3 * Amusement arcades p p c p Cultural 823 Library p5 p5 p p c p 841 Museum p5 p5 p p842 Arboretum c Mp5P5 Np5 p pConference center p p c p Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Lighting for structures and fields shall be shielded and directed away from residential areas. 2: Recreational vehicle parks are subject to the following conditions and limitations: a: The maximum length of stay of any unit shall not exceed 180 days unless otherwise stipulated; and b: The minimum distance between recreational vehicle pads shall be not less than 10 feet; and c: Sewage shall be disposed in a system approved by the Kitsap County Health Department. 3: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries or churches that conduct religious or educational classes for minors. 4: Lighting shall be shielded and directed away from residential areas. 5: Only as an accessory to an historic site or building. 6: Only of a limited outdoor nature such as an interpretive assembly or amphitheater. Exhibit A Ordinance No. 010-09 Page 104 of 138 16.30.070 —Table 5 Regional land uses (p=permitted, c=conditional, a=administrative permit required) v v E O N " L n Y .E E Ul C C C J C J o -o _ c E v co .-� No w LL — o > m ru m is ; a` N v +' c c c c c v j. a v a v v v m y E L N a u E (D K O- W K K U O m w 0 U Regional land uses GB RMH R4.5 R8 R12 R20 CO BP MU EO CF * Jail c * Work release facility c Public agency animal control * facility c c * Public agency training facility c c * Hydroelectric generation facility c Non -hydroelectric generation * facility c c c c c c c c c c * Major communication facility c c c c c c c c c c * Earth station major c c c c c c c c c c * Energy resource recovery facility c c * Landfill c * Transfer station c p * Interim recycling facility p2 p2 p3 p2 * Wastewater treatment facility p * Municipal water production p * Airport/heliport c * Landing field c * Transit bus base c4 c4 c c * Transit park -and -ride lot c c c p * School bus base c c 7941 Stadium/arena c 7948 Racetrack c * Fairground c 8422 Zoo/wildlife exhibit c1 cl Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except arboretum - see Recreational/cultural land use table. 2: Limited to drop box facilities 3: All processing and storage of material shall be within enclosed buildings and excluding yard waste processing. 4: Bus storage only. Exhibit A Ordinance No. 010-09 Page 105 of 138 16.30.080 —Table 6 Residential land uses (p=permitted, c=conditional, a=administrative permit required) v v v v v u u E u u M m O O m s Y Y - .�. - C C @ o C C O C j N .E 3 O o o c - U E v w ti w O N c m m m m m u a c 9 C C C c C UI ,n D j, p -o v y -o y -o a a E o. N ro N N N W O w 3 E w O U O M w 0 U Dwelling units GB RMH R4.5 R8 R12 R20 CO BP MU EO CIF * Single family detached p p p p p6 p * Single family attached p p p p * Multifamily p p c7 p * Mobile home park p * Houseboat c c c c Group residences * Senior citizen assisted a p p p c7 c c Community residential facility- * CRF c c c c c * CRF-prisoner release c c * Dormitory c2 Accessory uses * Residential living quarters a3 a3 a3 p a a3 p * Home (cottage) industry a a a a4,5 a a * Home occupation a a a a a4,5 a p * Home profession p p p p p p p p Temporary Lodging 7011 Hotel/motel pl c cl * Bed and breakfast c c c c c c p a p Organization hotel/lodging 7041 houses c c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: Except bed and breakfast. 2: Only as an accessory to a school, college/university, church or conference center. 3: Accessory dwelling units: a: Only one accessory dwelling per lot; b: The primary residence or the accessory dwelling unit shall be owner occupied; c: The accessory dwelling unit shall not be larger than 50 percent of the living area of the primary residence; d: One additional off-street parking space is provided; and e: The accessory dwelling unit shall be converted to another permitted use or shall be removed if at least one of the units ceases to be owner occupied. 4: No customers are allowed on site. 5: In R20 zone, Home (cottage) Industry and Home Occupation are allowed in single-family detached homes only. 6: Permitted with approval of a Planned Residential Development. 7: Permitted as part of Mixed -Use development with approval of a Conditional Use Permit (Maximum R-20 density) Exhibit A Ordinance No.010-09 Page 106 of 138 16.30.090 —Table 7 Resource land uses (p=permitted, c=conditional, a=administrative permit required) O v U v V E O V U M a+ M N C L L Y Y 'E _ 0 h N 0 0 to O N U C _ E m m m m N — T p N C v C v C a C -moo C vE N N � v y c J E v y n U (D K O- W K K K U O COw 0 Uo Agriculture GB RMH R4.5 R8 R12 R20 CO BP MU EO CF 01 Growing and harvesting crops p6 c c c 181 Greenhouses and nurseries c c5 c5 c5 Raising livestock and small 02 animals p7 c c c Forestry Growing & harvesting forest 08 products p Fp2 * Forest research p p2 p2 Fish and wildlife management 921 Hatchery/fish preserve p1 273 Aquaculture pi * Wildlife shelters p c3 Mineral 10-13 Mineral extraction 14 Mining and quarrying c 32 Processing of minerals c4 c4 c Asphalt paving mixtures and 2951 blocks c P Resource accessory uses *I Resource accessory uses c Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in addition to those described in the notes following. 1: May be further subject to the provisions of the Shoreline Management Program. 2: Only forest research conducted within an enclosed building. 3: Only within an approved enclosed or contained facility subject to appropriate county and state requirements. 4: Only artisan type activities, such as pottery or glass blowing, which are a secondary or accessory use to a retail activity. 5: As a secondary or accessory use to a residential activity without retail sales, where larger than 200 square feet. 6: May be further subject to the provisions of EPA and DOE in regard to the use of fertilizers, pesticides, and other chemicals. 7: May be further subject to the provisions of EPA and DOE in regard to the buffering of streams, wetlands, and other freshwater corridors. Exhibit A Ordinance No.010-09 Page 107 of 138 16.30.100 —Table 8 Retail land uses (p=permitted, c=conditional, a=administrative permit required) v v v U U E U U M M 0 0 m a• a+ C �- _ L Y Y C C C E 3 J — C 3 N m 0 9 O O C - E a W w LL — 0 m c > N f0 f0 f0 l6 '�, d N C �E E v v v v v v y E v a. E o E 0 l7 K O. K K K K U m w U Retail land uses GB RMH R4.5 R8 R12 R20 CO BP MU EO CIF 5271 Mobile home sales c p * Building, hardware and garden materials p P1 P * Forest products sales c p * Department variety stores p p and 54 Food stores p p p2 * Agricultural crop sales c3 c3 * Motor vehicle dealers p c p 553 Auto supply store p4 p4 p 554 Gasoline service station p c P 555 Boat dealers p c P 56 Apparel and accessory stores P P * Furniture and home furnishing stores p p 58 Eating and drinking places p6 p6 a2,6 * Adult entertainment facilities p5,6 * Drugstores p p c2 592 Liquor stores p P 593 Used goods: antiques/secondhand shops P P 594 Miscellaneous shopping goods P p * Book, stationery, video and art supply p6 p6 * Monuments, tombstones and gravestones p p * Bulk retail P c * Auction houses c c c 598 Fuel dealers p7 p7 p * Petshop P p 6512 Banks and financial services p p c Petroleum 2911 Petroleum refining c Note: All applicable requirements of this document, or other applicable state or federal requiremenu, >uau eu*rl ll a use oCaLeu within the Port Orchard incorporated area in addition to those described in the notes following. 1: Only hardware and garden materials shall be permitted. 2: Limited to 25% of gross floor area up to 4,000 square feet. 3: a: Limited to products grown on -site; and b: Covered sales area shall not exceed 1,000 square feet. 4: Only the sale of new or reconditioned automobile supplies is permitted. 5: Excluding SIC industry number 5813-Drinking places. 6: Adult entertainment facilities shall be prohibited within 600 feet of any residential zones, schools, licensed daycare centers, public parks, community centers, public libraries, or churches that conduct religious or educational classes for minors. 7: Limited to office use. Exhibit A Ordinance No. 010-09 Page 108 of 138 16.35.010-16.35.140 Remain Unchanged from Ord 046-07, 2007 16.35.150 Variances. A variance application shall be made on forms approved by the Planning Department and presented to the Hearing Examiner. The Hearing Examiner shall, after a public hearing, make a final decision. Variances shall be granted only in cases where the particular property, because of special circumstances applicable to the property, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and where the variance will remedy the disparity in privilege. Before a variance shall be granted, the following requirements shall be met: (1) The strict enforcement of the provisions of this title creates an unnecessary hardship to the property owner; (2) The variance is necessary because of the unique size, shape, topography, or location of the subject property; (3) The subject property is deprived, by provisions of this title, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone; (4) The need for the variance is not the result of deliberate actions of the applicant or property owner; (5) The variance does not create health and safety hazards; (6) The variance does not relieve an applicant from any of the procedural provisions of this code; (7) The variance does not relieve an applicant from any standard or provision that specifically states that no variance from such standard or provision is permitted; (8) The variance does not relieve an applicant from conditions established during prior permit review or from provisions enacted pursuant to a property -specific development standard; (9) The variance does not allow establishment of a use that is not otherwise permitted in the zone in which the proposal is located; (10) The variance does not allow the creation of lots or densities that exceed the base residential density for the zone by more than 10 percent; (1 1) The variance is the minimum necessary to grant relief to the applicant; (12) The variance from setback or height requirements does not infringe upon or interfere with easement or covenant rights or responsibilities; and (13) The variance does not relieve an applicant from any provisions under the critical areas overlay district except for the required buffer area widths. 16.35.155 Administrative Variances. (1) An administrative variance application shall be made on forms approved by the planning department and presented to the Development Director. The Development Director shall make a final decision whether to grant or deny an administrative variance. Appeals of the Director's decision are made to the Hearing Examiner in compliance with POMC 16.01.021(3). (2)Administrative Variances shall be granted only in cases where the particular property, because of special circumstances applicable to the property, is deprived of privileges commonly enjoyed by other properties in the some vicinity and zone and where the variance will remedy the disparity in privilege. In the case of Administrative variances for zoning, an administrative variance process shall only be used for minor projects as defined below. Whether a project qualifies as "minor" shall be determined by the Development Director. (3) Administrative variances shall follow the review procedures set forth in POMC 16.06.035 (4) Minor projects are defined as follows: (a) Projects that are exempt from review under the State Environmental Policy Act (SEPA); or Exhibit A or Ordinance No. 010-09 Page 109 of 138 (b) Proposals for less than a 25 percent encroachment in required setbacks; (c) Proposals of less than a 25 percent increase in impervious surface coverage. (5) Administrative Variances shall be granted only in cases where the particular property, because of special circumstances applicable to the property, is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and where the variance will remedy the disparity in privilege. Before an administrative variance may be granted, each of the requirements for a variance as set forth in POMC 16.35.150 shall be met. Exhibit A Ordinance No. 010-09 Page 110 of 138 Chapter 16.38 HOME BUSINESSES Sections: 16.38.010 Purpose 16,38.020 Definition — Home Business 16.38.030 Business License Required 16.38.040 Home Businesses — Requirements 16.38.050 Revocation of Home Business License 16.38.010 Purpose The purpose of the home business regulations is to balance the competing interests of persons wishing to engage in limited commercial activity within residences with those of their neighbors in maintaining the residential character of the neighborhood. These provisions have therefore been enacted to ensure that all commercial activity remains incidental to the residential use and does not interfere with the residential character of the neighborhood through noise, traffic, safety hazards, or other public nuisances that may be generated by the commercial activity. It is the express intent of the City to not create a commercial atmosphere in its residential zones while allowing small commercial pursuits suitable for a residential neighborhood. 16.38.020 Definition — Home Business The term "Home Business" or "Home Businesses" shall include Home (cottage) Industry, Home Occupation and Home Profession as defined in Chapter 16.08 POMC. 16.38.030 Business License Required No person shall operate or maintain a Home Business without having a license to do so issued by the City Treasurer in accordance with the provisions of this chapter and with the provisions of POMC Chapter 5.12. The specific provisions of this chapter shall control over any conflicting provisions of POMC Chapter 5.12. 16.38.040 Home Businesses — Requirements The following standards shall apply to all Home Businesses. An applicant applying for a business license for a Home Business must demonstrate compliance with all of the following standards: (1) Home businesses are permitted in a residential dwelling unit subject to the provisions of the City's Zoning Ordinance and if all of the following criteria are met: (a) The home business shall clearly be subordinate to the use of the dwelling unit for residential purposes. The burden of establishing that the home business is subordinate to the primary residential use is upon the applicant for a business license. (b) The home business shall be owned or conducted by a resident of the Ordinance No. 010-09 Page I11 of 138 dwelling unit. If the applicant for the business license is a resident but does not own the dwelling unit, the applicant shall obtain written approval of the proposed Home Business from the owner. The burden of establishing that the home business is owned or conducted by a resident of the dwelling unit is upon the applicant for a business license. (c) No more than 1 person who is not a resident shall be employed in the home business without obtaining a administrative conditional use permit. (d) Each home occupation/cottage conducted within any single dwelling unit, including accessory structures, shall obtain a separate administrative conditional use permit when otherwise required by the provisions of this chapter or the City's Zoning Ordinance. (e) The residential character of the building shall be maintained and the business shall be wholly situated indoors. There shall be no exterior display, alteration of the property, expansion of parking, storage or other exterior indication of the existence of the home business, except as may be allowed by the underlying zone or under POMC 15.16.090. (f) Home businesses shall not involve the use of more than 40 percent or 1,000 square feet, whichever is less, of the combined gross floor area of the principal residential building, garage, and the living area of any accessory structure. (g) A home business shall not include the following uses: commercial instruction with four or more students, commercial stable, kennel, restaurant, medical clinic, vehicle detailing, and minor or major vehicle repair. (h) The home business shall not infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes. No offensive noise, vibration, smoke, dust, odor, heat, glare or unusual or excessive traffic to and from the premises shall be produced or generated by the home business. (i) There is no use of electrical or mechanical equipment which would change the fire rating of the structure or which would create visible or audible interference in radio or television receivers or which would cause fluctuations in line voltage outside the dwelling. (j) In order to better insure neighborhood compatibility, the applicant, through the administrative conditional use permit may be required to install and maintain landscape screening or similar sight obscuring structures such as fencing. (2) Persons engaged in legal home businesses on the effective date of the ordinance codified in this chapter shall be considered legal, provided the operation is consistent with all of the above -listed standards. Any home business which was legally established but does not currently conform to all those standards may not expand or enlarge and shall be subject to revocation of their business license upon: (a) Change of use, sale or transfer of the home business, or relocation of the home business to a new location; or (b) Written complaint of adjacent or nearby resident which clearly establishes Exhibit A Ordinance No. 010-09 Page 112 of 138 that the home business is interfering with the use and enjoyment of the neighboring premises and is not compatible with the residential environment in which it is located. (c) Revocation of a home business license under the provisions of this section shall conform to the processes and procedures of POMC 16.38.050. (3) Home business licenses and conditional use permits are not transferable. Any changes to the home business use, sale or transfer of the home business, or relocation of the home business to a new location shall be deemed an abandonment of the license and of any conditional use permit. (4) The provisions of this chapter shall not apply to the following: Bed and Breakfast establishments, as defined in defined in Chapter 16.08 POMC; Daycare facilities, as defined Chapter 16.08 POMC. (5) Any person violating or failing to comply with any of the provisions of this chapter and/or with the provisions of POMC Chapter 5.12, as applicable, shall be subject to the penalty provisions of POMC 5.12.160 and POMC 5.12.170 now or as hereafter amended. 16.38.050 Revocation of Home Business License (1) In addition to any other penalties provided in POMC Title 5, or as otherwise permitted by law, a home business license may be revoked under any of the following circumstance: (a) The license or licensee qualifies for revocation or suspension as set forth in POMC 5.12.120; (b) The license or licensee fails to comply with any provisions of a conditional use permit; or (c) The licensee fails to comply with any provision of this chapter. (2) If the City receives a complaint from an adjacent or nearby resident that alleges that the licensee is failing to comply with the provisions of this chapter and/or the provisions of any applicable conditional use permit, the City staff shall investigate the complaint and shall give the licensee an opportunity to rebut any claims or complaints. (3) Upon determination that there is cause for revocation of a Home Business License by the City license officer, notice shall be sent to the licensee as set forth in POMC 5.12.120(2). (4) A licensee is entitled to a hearing on revocation of their Home Business License. A request for a hearing must be received by the City within 15 days of the licensee's receipt of the City's notice under paragraph (3). Failure to request a hearing within 15 days shall be deemed a waiver of the licensee's right to a hearing, and shall result in the decision of the City license officer to revoke the Home Business License being final. (5) If a request for hearing is received in accordance with paragraph (4), a hearing on revocation of a Home Business License shall be handled in the same manner as set forth in POMC 5.12.120(3)-(6). 16.40.025 Table 9 Densities and Dimensions (p = permitted, c = conditional) Exhibit A Ordinance No. 010-09 Page 113 of 138 Greenbelt including conservation and open space Residential - 4.5 units/net useable acre Residential - 8.0 units/net useable acre Residential - 12.0 units/net useable acre I I Residential - 20.0 units/net useable acre I Commercial - retail and office Business Professional I I Mixed use district I Employment - industrial/offic e I I I I I I I I I I I I I I I I I Gb R4.5 R8 R12 R20 Co BP Mxd Densitv (dwellina units/aross useable acres) I EO Co mm unity facili ties Cf Maximum density 10.5 4.5 8.0 12.0 20.0 12.0 12.0 Minimum lot size (10) (13) (14) 1 6000 5445 3630 2178 3630 Setback in feet Street right-of-way 1 11 30 15 15 15 15 10 1 10 1 10 30 12 15 Side yard 5 5 5 5 5 5 Rear yard 9 10 10 10 10 10 5 Corner lot rear yard 5 5 5 5 5 5 From adjacent residential zoning 2 5 5 5 20 20 From adjacent nonresidential zoning (2) (3) 5 5 5 5 5 Site coveraae in Dercent of net useable acres Maximum covered surface (4) 159/ 45% 75% 85% 850/ 85% 950/. 95% 850/ 95% Landscaped area - softscape (5) 85% 55% 25% 15% 15% 15% 59/ 5% 15% 5% Landscaped area - hardscape (6) 159/0 5% 5% 15% 5% Buildina het ht in feet Standard maximum allowed 7 33 33 33 33 33 33 1 33 33 33 33 Within view protection district 8 15 15 15 15 15 15 27 27 27 27 27 Downtown Overlay District - North 27 27 27 27 27 27 27 27 27 27 Side of Bay Street 16 18 21 Downtown Overlay District - South 39 39 39 39 39 39 39 39 39 39 Side of Bay Street 17 18 21 Downtown Overlay District 39 39 39 39 39 39 39 39 39 39 "Gateways"- Bethel Avenue 19 21 Downtown Overlay District 27 27 27 27 27 27 27 27 27 27 "Gateways"- North Side of Bay Street 6 18 21 Downtown Overlay District 39 39 39 39 39 39 39 39 39 39 "Gateways"- South Side of Bay Street 17 18 21 Downtown Overlay District 20 21 27 1 27 27 27 27 27 27 1 27 1 27 27 1 : Measured from the existing edge of a street right-ot-way. Applies to front yards, corner lots, and through lots. Exhibit A Ordinance No. 010-09 Page 114 of 138 2: From side or rear site or property boundary line. May be 0 foot minimum within the mixed use district in the downtown area as allowed by the Uniform Building Code (IBC). 3: May be zero -lot line if structures meet IBC fire code and emergency access. 4: Useable acreage covered by buildings, roads, parking lots, and other built improvements. Mixed use developments within the downtown district may achieve 95 percent site coverage. Mixed use outside of downtown shall be no more than 85 percent site coverage. 5: Softscape may include perimeter buffers, parking lot plantings, and other landscape w/ soil or other natural surfaces. 6: Hardscape may include patios, plazas, entryways, and other paved or hard surfaced pedestrian/landscaped areas in lieu of soffscape. 8: View protection districts are established separately by City Council Resolution. Additional height may be allowed as a conditional use. Refer to POMC 16.40,030 and View Protection Overlay District Standards, POMC 16.20.700 - 713. 9: Except as defined in Section 16.40.100, 10: All lot sizes are measured in square feet unless a Planned Residential Development has been approved by the City Council. 1 1: If required parking is served by an alley, residential street setbacks may be reduced to 10 feet. Ten foot front yard setback also applies to residential flag lots measured from the property line closest to the main entrance to the residence. 12: For every 10 feet of building height over 33 feet, an additional 10 feet of street setback shall be provided. 13: Plats recorded prior to 1910 as identified in the appendix are exempt from the minimum required lot size. Instead, minimum lot Size shall be 5,000 square feet or any single lot of record in separate ownership on August 28, 1972. 14: See Small Lot Development Standards. 15. For purposes of the View Protection Overlay District, building height shall be measured to the mid -line of the roof from the elevation of the uphill property line. 16. Maximum building height may be increased from 27 feet to 39 feet through Conditional Use Permit approval. 17. Maximum building height may be increased from 39 feet to 55 feet through Conditional Use Permit approval. 18. For the purposes of those lots abutting Bay Street within the Downtown Overlay District, building height shall be measured from the existing Bay Street elevation. 19, Maximum building height may be increased from 39 feet to 55 feet through Conditional Use Permit approval. Building Height shall be measured from the existing elevation of Bethel Avenue at the parcel's frontage. 20. Maximum building height may be increased from 27 feet to 39 feet through Conditional Use Permit approval. Building height shall be measured from the uphill elevation of either the existing or finished grade, whichever is lower, at the foundation or slab. Average uphill elevation shall be used if not level. 21. Building height shall be measured to the highest point of the structure or any appurtenance of the structure. Exhibit A Ordinance No. 010-09 Page 1 15 of 138 Chapter 16.50 LANDSCAPING STANDARDS Sections: 16.50.010 Landscape standards. 16.50.020 Application. 16.50.030 Exempt areas. 16.50.032 Landscape materials. 16.50.040 General landscape requirements. 16.50.050 Alternative landscape options. 16.50.060 Irrigation. 16.50.070 Landscape installation, timing. 16.50.080 Urban streetscape/pedestrian boardwalk corridors. 16.50.090 Roadway corridors and street frontages. 16.50.100 Buffers and urban buffers. 16.50.1 10 Walkway and trail corridors. 16.50.120 Greenways. 16.50.130 Street trees. 16.50.140 Buildings and yards. 16.50.150 Screening. 16.50.160 Parking lots. 16.50.180 Significant tree retention. 16.50.190 Significant tree retention plan. 16.50.200 Incentives for retaining significant trees. 16.50.210 Protecting significant trees. 16.50.220 Replacement of significant trees. 16.50.230 Tremont Street Corridor Overlay District landscape standards (TRMT). 16.50.231 TRMT landscape standards - generally. 16.50.232 TRMT landscape as buffering. 16.50.234 TRMT landscape area ratio. 16.50.236 TRMT landscape irrigation. 16.50.237 TRMT landscape maintenance. 16.50.238 TRMT landscape sizes. 16.50.239 TRMT landscape spacing. 16.50.240 Downtown Overlay District (DOD) landscape standards. 16.50.290 Maintenance. 16.50.295 Bonds and security. 16.50.296 Table 10 - Landscape Design Requirements. 16.50.297 Table 11 -Suggested Landscape Materials. 16.50.010 Landscape standards. (1) The purpose of this chapter is to preserve the aesthetic character of the community, improve the aesthetic quality of the built environment, promote retention and protection of existing native vegetation, reduce the impacts of development on storm drainage systems and natural habitats, and increase privacy for residential zones. (2) These goals are established through standards which provide visual relief from large expanses of parking areas and reducing perceived building scale; provide physical separation between residential and nonresidential areas; provide visual screens and barriers as a transition between differing land uses; retain existing vegetation and significant trees by incorporating them into the site design; promote the use of native and drought -tolerant plant materials; and provide areas of permeable surface to allow for infiltration of surface water into groundwater resources, reduction in the quantity of stormwater discharge, and improvement in the quality of stormwater discharge. Exhibit A Ordinance No. 010-09 Page 116 of 138 16.50.020 Applicability. All new development including subdivisions and commercial, except single structure residential lot developments or short plats, shall be subject to the landscaping and significant tree retention provisions of this chapter, provided that specific landscaping and tree retention provisions for uses established through a conditional use permit shall be determined during the applicable review process. For the purpose of this chapter, a new development is one that requires a substantial improvement as defined in this code. 16.50.030 Exempt Areas. Development along both sides of Bay Street from the crosswalk at Harrison Avenue to Orchard Avenue is exempt from the landscaping requirements of this chapter. 16.50.032 Landscape Materials. Recommended species/variations of suitable landscape plants are shown in Table 11, POMC 16.50.297, "Suggested Landscape Materials". An applicant may select from the suggested list or propose other alternative planting materials based on the objectives for the landscape zones outlined in this chapter. All proposed landscape plantings within these zones shall be reviewed and approved by the Planning Director or his or her designee. 16.50.040 General Landscape Requirements. Landscape designs shall conform to the following provisions: (1) New landscaping materials shall include native or ornamental species that have adapted to the climatic conditions of the coastal region of the Pacific Northwest. Required minimums are indicated in Table 10, POMC 16.50.296, "Landscape Design Requirements". (2) New landscape materials shall include drought -tolerant species, except where site conditions within the required landscape areas assure adequate moisture for growth. (3) Existing vegetation may be used to augment new plantings to meet the standards of this chapter. (4) Trees shall have a caliper of the dimensions shown in the table, Landscape Design Requirements, measured 4 feet above ground level at the time of planting. The caliper may be averaged, but no individual tree shall have a caliper of less than 75 percent of the requirement. (5) When the width of any landscape strip is 20 feet or greater, the required trees shall be staggered in 2 or more rows. (6) Shrubs shall be at least 1 gallon in size and of the minimum inches in height at the time of planting shown in Table 10, Landscape Design Requirements. (7) Groundcovers shall be planted and spaced to result in total coverage of the required landscape area within the number of years indicated in Table 10, POMC 16.50.296, by using 4 inch pots at 18 inches on center, or 1 gallon or greater sized containers at 30 inches on center. (8) Grass may be used as a ground cover only in urban buffer parking lots or filtered areas provided that the grass area constitutes no more than 30 percent of such landscape areas. (9) Grass and groundcover areas shall contain at least 2 inches of composted organic material at finish grade. Existing soils shall be augmented with a 2 inch layer of fully composted organic material rototilled a minimum of 6 inches in depth. (10) Berms should not exceed a slope of 2 horizontal feet to one vertical foot (2:1), unless there are extenuating circumstances. (1 1) Landscape areas shall be covered with 2 to 3 inches of mulch. Mulch shall consist of materials such as yard waste, sawdust, and/or manure that is fully composted. (12) Required street landscaping may be placed within Port Orchard street rights -of -way subject to the Port Orchard Road Design Standards with the permission of the City Engineer. Exhibit A Ordinance No. 010-09 Page 117 of 138 16.50.050 Alternative landscape options. The following alternative landscape options may be permitted only if they accomplish equal or better levels of screening and are subject to the review and approval of the Planning Director: (1) Total required landscape and tree retention area will not exceed 15 percent of site area. (2) The width of the perimeter buffer landscape strip may be reduced up to 25 percent along any portion where berms at least 3 feet in height or architectural barriers at least 6 feet in height are incorporated into the landscape design, or the landscape materials are incorporated elsewhere on -site. (3) Perimeter landscaping may be reduced up to 25 percent when a development retains an additional 10 percent of the existing significant trees or 10 significant trees per acre on -site (above the requirements for tree retention defined within this chapter), whichever is greater. (4) The landscaping requirement may be modified when existing conditions on or adjacent to the site, such as significant topographic differences, vegetation, structures or utilities would render application of this chapter ineffective or result in scenic view obstruction. (5) Within the Mixed use district (Mxd) areas subject to a requirement for an urban streetscape/pedestrian boardwalk design, roadway corridor buffering is waived provided the applicant complies with the requirements for street trees, pedestrian pavings, furnishings, and other amenities. (6) When an existing structure precludes installation of the total amount of required site perimeter landscaping, such landscaping material shall be incorporated on another portion of the site. (7) Creative designs using groupings of trees may be utilized. 16.50.060 Irrigation. (1) Except for areas of undisturbed existing vegetation or low areas with existing high soil moisture conditions, landscape areas shall have temporary irrigation systems. Such systems may be removed after 24 months or 2 growing seasons, whichever occurs first, provided that the plantings are established. (2) Areas of undisturbed existing vegetation, or areas where existing site conditions assure adequate soil moisture for growth within the required landscape area, shall have temporary irrigation systems only as required to sustain new plantings and shall be determined on a case -by -case basis by the Planning Director. (3) Areas of undisturbed existing vegetation, low areas with existing high soil moisture conditions, or landscape areas consisting of drought -tolerant vegetation may not require permanent irrigation systems. Permanent irrigation systems may be permitted within all other required landscape areas, provided such systems shall be designed with: (a) Moisture or precipitation sensors; (b) Automatic timers set for operation during periods of minimum evaporation and that assure adequate moisture levels; (c) Head -to -head spacing, if sprinkler heads are proposed; (d) Backflow prevention devices, and (e) Separate irrigation zones for turf and planting beds, and other non - drought -tolerant species. 16.50.070 Landscape installation, timing. Landscaping shall be installed no later than 5 months after issuance of a temporary certificate of occupancy for the project or project phase. The time limit for compliance may be extended to allow landscape installation during the next appropriate planting season. 16.50.080 Urban streetscape/pedestrian boardwalk corridors. (1) Urban streetscape and pedestrian boardwalk corridors are the public right-of-way spaces to be improved for pedestrian walking, shopping, eating, and similar Exhibit A Ordinance No. 010-09 Page 118 of 138 activities in front of retail stores and mixed use structures. The urban streetscape/pedestrian boardwalk corridors shall be as defined in the design overlay districts in this code. (2) Urban streetscape/pedestrian boardwalk areas shall be landscaped to provide and maintain a design theme that may emphasize a selection of street trees, lighting standards, directional signage, furnishings, pavings, landscape materials, or other major components to be specified within the design overlay districts. 16.50.090 Roadway corridors and street frontages. Roadway corridors and street frontages shall be landscaped based on the different pedestrian and/or vehicle emphasis to be provided in accordance with the following categories of design and functional treatment. These zones and corridors shall be planted with street trees suitable for a mixed motor vehicle, bicycle, and pedestrian environment. (1) Commercial street corridors. These corridors are the public right-of-ways and the setbacks required within and around roadways and parking lots in the Commercial (Co), Mixed use (Mxd), Employment (Eo), and Community facilities (Cf) zones. The setback from the street right-of-way shall be landscaped to provide "see -through vegetation" that functions as a partial visual separator to soften the appearance of parking areas and building elevations. (2) Residential street corridors. These corridors are the public right-of-ways and the setbacks required within and around collector and arterial roadways and parking lots in all Residential zones (R4.5-R20). These zones shall be landscaped to provide a "filtered screen vegetation" that functions as a visual separator between the street, parking areas, and residential activities. (3) Parkway road corridors. These corridors are the public right-of-ways and the setbacks required along major roadway entries into the community as defined on comprehensive plan maps. These parkway road corridors shall be landscaped to provide a "filtered to view blocking vegetation" using natural materials that provide continuity with adjacent greenway landscapes. (4) Sight Distance. All physical obstructions, except utility poles and traffic control signs, shall be maintained in a manner that provides for adequate sight distances at street intersections as described below: a) A sight distance triangle area as described in subparagraph b following shall not contain fencing, berms, vegetation, on -site vehicle parking areas, signs and other physical obstructions between 36 inches and 8 feet above the existing street grade. b) The sight distance triangle at: 1. A street intersection shall be determined by measuring 15 feet along both the right-of- way property lines beginning at their point of intersection. The third side of the triangle shall be a line connecting the endpoints of the first 2 sides of the triangle; or 2. A site access point shall be determined by measuring 15 feet along the street lines and 15 feet along the edges of the driveway beginning at the respective points of intersection. The third side of each triangle shall be a line connecting the endpoints of the first 2 sides of each triangle; and 3. Any intersection where the posted speed limit exceeds 25 mph, the site distance triangle shall be determined by the table below or the City Engineer. Minimum Distance for Sight Posted Speed Limit Design Speed from Center of Intersection 25 30 200' 30 35 250' 35 40 325' 40 45 400' 45 50 475' Exhibit A Ordinance No. 010-09 Page 119 of 138 50 55 550' 55 60 650' The City Engineer may require further restrictions. c) If a property owner receives written notice from the city that there is a violation of the above requirements and does not comply to the written notice within the specified time, then such property owner shall be guilty of a civil penalty. In addition to this, the city engineer or his/her designee may prune the trees or take other appropriate action, charge the owner for the cost of the work, record the charges as a lien against the property and collect this amount in a civil action against the property owner. The city shall be entitled to recover its costs and attorney's fees in such action. 16.50.100 Buffers and urban buffers. (1) Perimeter landscaping along interior lot lines and between zones shall be as provided within Table 10, Landscape Design Requirements. Perimeter landscaping may be modified where appropriate by the Planning Director to account for above -ground sub -regional utility developments and distribution or transmission corridors or other utilities and infrastructure. (2) Urban buffers shall be landscaped based on the extent to which the activity is to be screened from adjacent uses in accordance with the categories identified below. However, common standards applied to all buffer areas include: (a) Within the landscape buffer areas about the property, particularly along secondary access roads and around parking lots that do not abut the public pedestrian walkway or trail corridors - site plantings should be grouped to simulate natural stands and should not be planted symmetrically or of even spacing. (b) Landscape designs should reflect natural planting materials and settings that are representative of the local and regional landscape. (c) Where practical and feasible, buffer areas should retain existing larger trees and vegetation to maintain continuity with adjacent greenways and natural areas. (d) Within higher density residential developments, buffer or open spaces may be grouped into common open space areas that define building placements, provide visual accents, preserve landscape or landform features, or house common activity areas. (3) Urban buffers with filtered screening. Urban buffers to be filter screened are the perimeter landscape areas provided between nonresidential land uses within the Commercial (Co), Mixed use (Mxd), Employment (Eo), and Community facilities (Cf) zones. These buffers shall function as a visual separator between uses within these zones. The plant materials and design may mix evergreen and deciduous trees and shrubs to create a filtered screen effect. (4) Urban buffers with full screening. Urban buffers to be fully screened are the perimeter landscape areas provided between residential and nonresidential zones. These buffers shall function as a visual barrier to obscure views of incompatible activities and improvements. The plant materials and design may include a mix of primarily evergreen trees and shrubs to form an effective full screen effect. 16.50.110 Walkway and trail corridors. Landscaping along the public walkway or trail corridor may utilize the street trees and plant materials palette selected for the public walkway or trail corridor. Improvements within the adjoining private spaces, such as outdoor eating areas, plazas, and the like, should incorporate or continue the same plantings in order to enhance the definition of the corridor. 16.50.120 Greenways. Greenways shall be maintained, enhanced, and replanted where appropriate, based on the type of habitat to be conserved in accordance with the following categories: (1) Greenways of upland habitat. Exhibit A Ordinance No. 010-09 Page 120 of 138 (a) Upland greenways are the sensitive environmental areas located on steep, eroding, or geologically hazardous slopes as defined within this code and within the comprehensive plan. (b) The landscape within this zone shall be maintained or enhanced with native materials that provide habitat and cover for upland wildlife species. (2) Greenways of wetland and stream habitat. (a) Wetland greenways are the sensitive environmental areas located on impermeable or slowly draining soils, wetlands and other freshwater bodies, and the required buffer areas adjacent to wetlands and streams as defined within this code and within the comprehensive plan. (b) The landscape within this zone shall be maintained or enhanced with native materials that provide habitat and cover for wetland wildlife species. (3) Shorelines. (a) Shorelines are the sensitive environmental areas and buffer zones located along the fresh and saltwater shores and banks as defined within this code and within the comprehensive plan. (b) The landscape within this zone shall be maintained or enhanced with native materials that provide habitat for marine and estuarine wildlife species. 16.50.130 Street trees. (1) Street trees shall be planted along roadways and street frontages as indicated within the accompanying Table 10 on landscape design requirements. Tree spacing shall consider the mature height and spread of the tree species. (2) Street tree species, where not designated in accordance with a design overlay district's requirements, may be selected from the suggested landscape materials list, Table 11, and shall be subject to the review and approval of the Planning Director. (3) The trees may be located within the street right-of-way subject to the review and approval of the City Engineer and accounting for any possible future street widening or improvements. (4) Street trees within the public right-of-way shall be maintained according to the standards established by the Planning Director. (5) Street trees may be spaced at irregular intervals where necessary to accommodate sight distance requirements for driveways, intersections, street lights, and signage. 16.50.140 Buildings and yards. (1) The landscape design should highlight and focus views of the building frontages and entries, particularly retail window displays, pedestrian areas, and amenities. The design should create a special or individual character of the private portions of each property and building. (2) Vines may be planted on buildings, fences, walls and other blank surfaces, particularly structures faced with brick and masonry or that are enhanced with trellis overhangs. (3) Moveable planters with seasonal plantings should be placed at building entries, particularly within alcoves and inner courtyards. (4) All plantings, particularly ornamentals, should be provided irrigation or other watering methods to ensure plant survival. 16.50.150 Screening. Landscape, fence or other improvements should be erected to visually screen refuse, storage, loading docks, and other areas that are not to be accessible or viewed from public walkways, corridors, and roadways. Latches and other devices should be used to secure refuse and storage areas from animals and children. Exhibit A Ordinance No. 010-09 Page 121 of 138 16.50.160 Parking Lots. (1) Landscaping within parking lots that are shared or used in common by residential developments, and within all nonresidential parking areas and lots, shall be as provided within the accompanying table, Landscape Design Requirements. (2) The maximum distance between any parking stall and required parking area landscaping shall be no more than every 13 stalls. (3) Permanent curbs or structural barriers shall be provided to protect the plantings from vehicle overhang. (4) Urban parking areas shall be landscaped to provide shade and visual relief while maintaining clear sight lines within parking and access areas. Shrubs will not exceed a height of 3 feet around parking lot entries, access aisles, and other vehicle maneuvering areas in order not to visually block views among vehicles and pedestrians. (5) The plant materials and landscape design may mix evergreen and deciduous trees to create a continuous canopy. (6) Plantings may be contained in planting islands or strips having an area of at least 75 square feet with a narrow dimension of not less than 4 feet that is unobstructed by vehicle overhang. (7) Shade trees and ground covers should be installed in parking medians and/or landscape set -asides in parking areas and lots to soften the visual impact, reduce glare, and provide visual interest. 16.50.180 Significant tree retention. Significant trees should be retained in all zones as follows: (1) Removal of any significant tree with a DBH (diameter at breast height) of 36 inches or greater shall require City Council approval upon the following standards: (a) The proposed use cannot reasonably accommodate the retention of the significant tree; and (b) The significant tree shall be replaced in accordance with POMC 16.50.220, below. (c) All significant trees located within any required buffer area or required landscape planting area should be retained to the extent practical and feasible. (d) Tree retention adjacent to critical areas is desirable. (e) Utility developments including roadways may be exempt from the significant tree retention requirements of this chapter. (f) If significant trees were previously located in a closed, forested situation, an adequate buffer of smaller trees shall be retained or replaced on the fringe of such significant trees. (g) A grouping of 3 or more existing healthy trees with canopies that touch or overlap, may be substituted for each required significant tree, provided each tree has a diameter of at least three (3) inches when measured 4 feet above grade. (2) Except as provided in subsection "(3)" following, significant trees to be retained shall not include significant trees that are identified by a licensed arborist as damaged or diseased as; or a safety hazards due to potential root, trunk or primary limb failure, or exposure of mature trees which have grown in a closed, forested situation. (3) At the discretion of the Planning Director, damaged or diseased or standing dead trees may be retained and counted toward the significant tree requirement if demonstrated that such a tree will provide important wildlife habitat and is not classified as a danger tree. 16.50.190 Significant tree retention plan. The applicant shall submit a tree retention plan concurrent with a grading permit, building permit or preliminary subdivision application, whichever is reviewed and approved first. The tree retention plan shall consist of: Exhibit A Ordinance No. 010-09 Page 122 of 138 (1) Tree survey that identifies the location, size, and species of individual significant trees or the perimeter of stands of trees on a site. For forested sites, the tree survey may use a standard timber cruising method to reflect general locations, numbers, and groupings of significant trees. For detailed site plans and grading applications, the tree survey may be conducted by a method that locates individual significant trees near edges of tree protection areas. (2) The tree retention plan identifying the significant trees that are proposed to be retained should show the locations of tree protection fence that protects the critical root zones of the trees. 16.50.200 Incentives for retaining significant trees. Each significant tree that is located outside of the area for perimeter buffer landscaping and is retained may be credited in a ratio up to 2 trees for complying with the retention requirements of this chapter. 16.50.210 Protecting significant trees. To provide the best protection for significant trees: (1) No clearing shall be allowed on a site until approval of tree retention and landscape plans. (2) The root protection zone is equal to V radius for every 1" of tree DBH unless individual tree evaluation by a certified arborist recommends modification to the guidelines. It shall be identified prior to construction with a temporary 5 foot high chain -link or orange mesh fence. (3) No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the root protection zone. (4) Alternative protection methods may be used if determined by the Planning Director to provide equal or greater tree protection. 16.50.220 Replacement of significant trees. When the required number of significant trees cannot be retained, significant trees that are removed shall be replaced with: (1) New trees measuring 2.5 inch caliper and 6 feet in height, at a replacement rate of 3 trees for each significant tree removed. (2) If the site does not allow for planting all replacement trees, trees can be planted on another site approved by the Planning Director. 16.50.230 Tremont Street Corridor Overlay District landscape standards (TRMT). The general landscape standards set forth in POMC Chapter 16.50 shall apply unless a more restrictive provision is set forth in the TRMT specific landscape standards set forth in POMC 16.50.231-16.50.239. 16.50.231 TRMT landscape standards - generally. The following guidelines are to be addressed in all landscape plans in the Tremont Overlay. (1) Significant trees shall be preserved where possible (some may be moved and transplanted). Removal of any significant tree requires pre -approval from the Planning Director. (2) Emphasize use of varieties which require low maintenance and drought tolerant species in public and commercial areas and in large landscape areas. (3) A minimum of 25 % of the site shall be landscaped. Required landscaping within parking areas may not be counted as contributing to this requirement. However, landscaping for and within setback areas may be counted toward meeting the 25% requirement. A minimum 5 foot landscaped area shall be installed around all parking lots. Exhibit A Ordinance No. 010-09 Page 123 of 138 16.50.232 TRMT landscape as buffering. (1) Buffering between non -compatible land uses is considered critical in maintaining the existing character of Tremont Street. The following standards are to be used in designing a landscape buffer: (a) Landscape buffers, in conjunction with decorative fencing, is the preferred method to screen adjacent land uses. (b) Evergreen trees having minimum size of 15 gallons shall be planted and staked at least 20 feet on center, depending upon the species, or clustered in equal amounts to screen parking or architecture. (c) A six-foot high wall may be placed on or just inside the property line. A ten foot landscape strip area will be provided on the inside of the wall. The wall should be lowered to three feet within the front setback area. 16.50.234 TRMT landscape area ratio. A minimum of one 15 gallon size tree (25 feet or higher at maturity) for every 625 square feet of landscaping, and one shrub or vine for every 50 square feet of landscaping are required; at least 25% of shrubs shall be of a flowering variety. 16.50.236 TRMT landscape irrigation. Automatic sprinkler or drip irrigation systems for all commercial or multifamily projects shall be provided. 16.50.237 TRMT landscape maintenance. All plantings shall be kept healthy and growing with all planting areas free of weeds and debris. Each project will have a bond recorded insuring planting materials will be well maintained; such bond shall remain in place for one year after project completion. 16.50.238 TRMT landscape sizes. (1) Trees shall be a minimum of 1 gallon size and be at least 8 feet at time of planting. Shrubs shall be a minimum of I gallon size at time of planting. All deciduous trees shall be double staked and properly fertilized upon planting. Give consideration for rapidly growing trees. (2) The ground cover shall be healthy, densely foliated, and consist of one gallon container plants. Herbaceous and flat ground covers shall be planted no more than 12 inches on center. Woody shrub groundcover shall be planted no more than 4 feet on center (e.g. evergreens, junipers). 16.50.239 TRMT landscape spacing. Spacing of trees and shrubs shall be appropriate for each individual specie and growing characteristics. Plant materials shall conform to the following spacing standards: (1) A minimum of 25 feet from the property corner at a street intersection to the center of the first tree or large shrubs. Shrubs less than 3 feet in height are allowed within this clear site triangle. (2) A minimum of 15 feet between center of trees or large shrubs and fire hydrants. (3) A minimum of 10 feet between center of trees or large shrubs and edge of driveway. 16.50.240 Downtown Overlay District landscape standards (DOD). The general landscape standards set forth in POMC Chapter 16.50 shall apply to all development in the DOD unless a more restrictive provision is set forth in this section, and then this section shall control. (1) New development and existing uses along both sides of Bay Street between Bank Street and Seattle Avenue shall be exempt from the landscaping requirements of the Zoning Ordinance and these regulations. Exhibit A Ordinance No. 010-09 Page 124 of 138 (2) New development that is adjacent to the water shall provide landscaping on the waterside fagade as well as on the street frontage. (3) New development on waterfront lots that abut the north side of Bay Street between Bank Street and Seattle Avenue shall provide landscaping on the waterside faqade only. (4) For buildings which include residential uses on the upper floors, up to 25% of the landscaping requirements may be fulfilled by providing rooftop gardens and upper floor terraces and decks. Rooftop gardens, terraces, and decks shall not count against the seventy- five percent (75%) gross floor area limitation described in POMC 16.20.219. 16.50.290 Maintenance. (1) All landscape materials and significant trees, in all zones and/or overlay districts, except within critical areas or buffers, shall be maintained in a healthy growing condition. (2) With the exception of dead, diseased or damaged trees specifically retained to provide wildlife habitat; other dead, diseased, damaged or stolen plantings shall be replaced on a 1 for 1 basis within 5 months or during the next planting season if the loss does not occur in a planting season. (3) Landscape areas shall be kept free of trash. 16.50.295 Bonds and security. Performance bonds or other appropriate security (including letters of credit and set aside letters) equal to 125% of the estimated value of the plants and installation costs shall be required for a period of 2 years after the planting or transplanting of vegetation to insure proper installation, establishment, and maintenance. Exhibit A Ordinance No. 010-09 Page 125 of 138 16.50.296 - Table 10 Landscape Design Requirements: see Table 11 for alternatives Urban streetscapes/pedestrian boardwalks Roadway corridors - commercial development I Roadway corridors - residential development I Roadway corridors - parkways I I I Urban buffers - urban parking lots I I Urban buffers - filtered screening I Urbanbuffers-fullscreening I I Greenways - uplands I Greenways- wetlands I I I I I I I I I I Shorelines I I I I I I I I I I Planting materials Large deciduous trees X X X X X Medium deciduous trees X X X X X X X Small deciduous trees X X X X X X Conifers/broadleaf trees X X X X X X X X Deciduous shrubs X X X X X X X X Evergreen shrubs X X X X X X X X X X Groundcovers X X X X X X X X X X Plantinq mix - approximate Percent in deciduous trees 100% 1007. 50% 30% 70% 50% 30% 30% 70% 70% Percent in evergreen trees 0% 0% 50% 70% 30% 50% 70% 70% 30% 30% Plant spacina - feet on center Trees 25 40 40 30 30 30 15 30 30 40 Shrubs 1 5 5 4 4 4 4 Plant scale of time of plantIn Trees - minimum height in feet 10 10 8 8 10 8 8 8 8 8 Trees -minimum caliper in 3.0 3.0 2.5 2.5 3.0 2.5 2.5 2.5 2.5 2.5 inches Shrubs - minimum height in 18 18 18 18 18 18 18 18 18 18 inches Groundcover-years to full 2 2 3 3 2 3 3 3 3 3 coverage Buffer - depth in feet (subordinate to bulldinq setbacks) Street frontage 10 10 20 1 1 1 1 25 25 25 Interior lot line 1 5 1 5 1 10 1 25 25 25 Species suggestions - percent of mix Native ground cover and shrubs 75% 75% 75% 75% 75% 75% 75% 100% 100% 100% Native trees 50% 50% 50% 50% 50% 50% 50% 100% 100% 100% Drought tolerant 60% 1 60% 60% 60% 60% 60% 60% 100% 100% 100% Exhibit A Ordinance No. 010-09 Page 126 of 138 16.50.297 - Table 11 Suggested landscape materials Urban streetscapes/pedestrian boardwalks I Roadway corridors/street frontage Parking lot trees II Urban Buffer areas I Greenways-uplands I Greenways - wetlands/streams I Shorelines I I I Native Materials Drought tolerant Larne deciduous trees Acer macro h Ilum Bi leaf Maple X X X Acer rubrum species Red Maple variety X X X X X Acer sacchorum Sugar Maple X X Acer truncatum X atanoide Pacific Sunset Maple X X Acer platanoides species Norway Maple variety X X X X X Alnus rebra Red Alder X X X X Carpinus betulus Fastigiata' Columnar European Hornbeam X X Fa us s Ivatica European Beech X X X Fraxinus latifolia Oregon Ash X X X Fraxinus oxycarpa 'Ra ood' Raywood Ash X X Gingko Bilbao 'Sentry' Columnar Maidenhair X X Liquidambar styracifluo American Sweetgum X X X X X X Liriodendron tulipifera Tulip tree X Magnolia grandiflora 'St. Mary' Evergreen Magnolia X X Platanus x acerifolia London Plane X Quercus species Oak varietyX X X X X Quercus robur 'Fasti iota' Upright English Oak X X X X Quercus rubra Northern Red Oak X X X X X Solix species Willow variety X X X Tillia americana 'Redmond' Redmond Linden X X Tillia cordata Littleleaf Linden X X X X X Tillia cordata 'Greens ire' Greenspire Linden X X Medium rieridunus frees Acer cam estre Hedge Maple X X Betula species Birch variety X Carpinus betulus European Hornbeam X X X X X X Cercidiphyllum japonicum Katsura Tree X Corpus nuttallii Pacific Dogwood X X X Cratowgus laevigato English Hawthron X X Cratea uslavollei Lavalle Hawthorn X X Fraxinus pennsylvanica Marshall's Seedless Ash X X X X X Populus tremuloides Quaking Aspen I I I I I F X X Exhibit A Ordinance No. 010-09 Page 127 of 138 Urban streetscapes/pedestrian boardwalks Roadway corridors/street frontage Parking lot trees Urban Buffer areas I I Greenways-uplands I I Greenways- wetlands/streams I I I Shorelines I Native Materials I I Drought tolerant Medium deciduous trees, cont.'d. Prunus species Flowering Cherry X X X X X variety Prunus sargentii Sargent Flowering X X Cherry Prunus sargentii Columnar Sargent X X 'Columnaris' Flowering Cherry Prunus serrulata Kwanzan Flowering X X Kwanzan' Cherry Pyrus calleryana Flowering Pear X X X X X species variety Zelkova serrata Sawleaf Zelkova X X X X 'Village Green' Small deciduous trees Acer circinatum Vine Maple X X X X Acer davidii David Maple X Acer ginnala Amur Maple X X X Acer polmaturn Japanese Maple X Amelanchier species Serviceberry variety X X X X Car inus species Hornbeam variety X X X X X Cornus Florida FloweringDogwood X rx Corpus kousa Kouso Dogwood X X Corylus cornuta californica Western Hazelnut X X X X Crotae us species Hawthorn varietyX X X X Magnolia species Magnolia variety X X X X X Malus species Flowering Crabapple X Prunus species Flowering Cherry/Plum X X X X X St rax'a onica Japanese Snowball X Exhibit A Ordinance No. 010-09 Page 128 of 138 16.50.297 - Table 11 Suggested landscape materials Urban streetscapes/pedestrian boardwalks Roadway corridors/street frontage Parking lot trees I Urban Buffer areas I Greenways-uplands Greenways - wetlands/streams Shorelines I I Native Materials I I I Drought tolerant I I I I I I I I I Conifers/broadleaf everareen trees Abies grandis Grand Fir X X X Abrutus unedo Strawberry Tree X X X Cedrus deodara Deodar Cedar X X X Chamaecyparis lawsoniana Port Orford Cedar X X X X X Chamaecyparis nootkatensis Alaska Cedar X X X X X Colodecrus decurrens Incense Cedar X Photinia serrulata Chinses Photinia X X X Picea sitchensis Sitka Spruce X X X X Pinus contorta Shore Pine X X X X X X Pinus contorta latifolia Lodgepole Pine X X X Pinus densiflora Japanese Red Pine X X Pinus monticola Western White Pine X X X X Pinus ni ra Austrian Black Pine X X X X Pinus ponderoso Ponderosa Pine X X Pinus s Ivestris Scotch Pine X X X X Pinus thunber ii Japanese Black Pine X X X Pseudotsuga menziesii Douglas Fir X X X X X Sequoidendron sem ervirens Costal Sequoia X X Taxus brevifolia Western Yew X X X X Thujo plicata Western Red Cedar X X X Tsu a hetero h Ila Western Hemlock X X X X Tsu a mertensiana Mountain Hemlock X Umbellularia californica California Bay Laurel X X X X Deciduous shrubs Amelanchier alnifolia Western Serviceberry X X X X 1 x- Berberis species Barberry variety X X Callicarpa japonica Japanese Beautyberry X Cornus stolonifera Red -Osier Dogwood X X X X X Enkianthus cam anulatus Red -Veined Enkianthus X Exhibit A Ordinance No. 010-09 Page 129 of 138 16.50.297 - Table 11 Suggested landscape materials Urban streetscapes/pedestrian boardwalks Roadway corridors/street frontage Parking lot trees Urban Buffer areas Greenways- uplands Greenways- wetlands/streams I I Shorelines I I I I Native Materials I Drought tolerant I I I I I I I I I Deciduous shrubs. cont.'d. Elae nus species Elae nus variety X X X X Euonymus alata Com acta' Winged Eunymus X X Hamomelis mollis Chinese Witch Hazel X Holodiscus discolor Ocean Spray X X X X X Hydrangea lacecap varieties Lacecap Hydrangea X Potentilla fruticosa Potentilla X X X Physocarpus ca itatus Pacific Ninebark X X Rhamnus urshiona Cascara Sagrado X X X Rhus typhina Sta horn Sumac X X X X Ribes sap uineum Red -flowering Currant X X X Rosa nutkana Nootka Rose X X X X Rosa ru osa Ru osa Rose X X X Rubus parviflorus Thimbelberry X X X X Rubus s ectabilis Salmonberry X X X X X Salix species Willow variety X X X Sambucus racemoso Red Elderberry X X X X S iraea species S iraea variety X X X X Symphoricarpos albus Snowberry X X X Syringa vulgaris cultivars Lilacs X X Voccinium arvifolium Red Huckelberry X X Viburnum x burkwoodii Burkwood Viburnum X X Evergreen shrubs Arbutus unedo Compact Strawberry X X X com acta Tree Corpus alba Siberian Dogwood X 'Sibirica' Cotoneaster Cotoneaster variety X X X species Ilex crenata Japanese Holly X Kalmia latifolia Mountain Laurel X Ligustrum Japanese Privet X a onicum 16.50.297 - Table 11 Suggested landscape materials Exhibit A Ordinance No. 010-09 Page 130 of 138 Urban streetscapes/pedestrian boardwalks Roadway corridors/street frontage I Parking lot trees Urban Buffer areas I Greenways - uplands I Greenways- wetlands/streams I Shorelines I I Native Materials Drought tolerant I Evergreen shrubs. cont.'d. Myrica colifornica Pacific Wax Myrtle X X X X X X Osmarea x burkwoodii Burkwood Osmarea X X Osmanthus delava i Delavay Osmanthus X X X Photinia frazeri Japanese Photinia X X X Pieris floribunda Mountain Pieris X X Pieris 'a onica Japanese Pieris X X Prunus lusitanica Portu ese Laurel X X Pinus Mugo Mu ho Pine X X X Rhododendron species Rhododendron and Azaleas X X X X Vaccinium ovatum Evergreen Huckleberry X X X X X Groundcovers Arctostophylos Kinnikinnick X X X X X uva-ursi Berberis nervosa Cascade Mahonia X X X X Calluna vul aril Scotch Heather X X Ceenothus Point Reyes X X X oriosus Ceanothus Cotoneaster Rockspray X X X micro h Ilus Cotoneaster Erica carnea Winter Heath X Erica x darleyensis Mediterranean X Heather Euonymus fortuei Winter Creeper X rX Euon mus Gaultheria shollon Salal X X X X X Hypericum St. Johnswort X cal cinum Ilex crenoto Japanese Holly X varieties & cultivors Mahonia species Mahonia variety X X Pachysandra Japanese Spurge X X terminalis Sarcococca Sarcococca X hookerana Vinca minor Periwinkle X X X Note - medium street trees are recommended for planted medians only w/o tree grates. Source: Hough, Beck & Baird as modified by Galen Wright, Washington Forestry Consultants, Inc. Exhibit A Ordinance No. 010-09 Page 131 of 138 Chapter 16.72 SUBDIVISIONS Sections: 16.72.010 Purpose. 16.72.020 Jurisdiction. 16.72.030 Conflicting provisions. 16.72.060 Applicability. 16.72.070 Exemptions. 16.72.080 Concomitant agreement. 16.72,090 Administration. 16.72.095 Impact fees 16.72.100 Short subdivision - application. 16.72.110 Short subdivision - recording of final plat. 16.72.120 Short subdivision - auditor. 16.72.130 Short subdivision - re -subdivision requirements. 16.72.140 Preliminary plat - application. 16.72.150 Preliminary plat - property owners list. 16.72.160 Preliminary plat - filing fee. 16.72.170 Preliminary plat - file number. 16.72.180 Preliminary plat - staff report. 16.72.190 Preliminary plat - Hearing Examiner public hearing. 16.72.200 Preliminary plat - Hearing Examiner decision and appeals. 16.72.210 Final plat - application - bond in lieu of construction. 16.72.220 Final plat - signing and recording. 16.72.230 Final plat - written approval of subdivision - recording. 16.72.240 Time limit. 16.72.250 Right of way vacation procedures. 16.72.260 Violations - penalty. 16.72.010 Purpose. The purpose of this chapter is to regulate the subdivision of land within the City limits of Port Orchard and to require accurate legal descriptions and uniform monumenting of subdivisions. The controls, standards and procedures set forth in this chapter shall serve to minimize any expected negative impact of the proposed property use and has as its purpose the improvement of the area for public good. The City Council of the City of Port Orchard deems these regulations to be essential to the protection of the public health, safety and general welfare, and the adoption thereof to be in the public interest. 16.72.020 Jurisdiction. These subdivision regulations shall apply to all subdivision of land within the corporate limits of the City of Port Orchard. The provisions and standards contained in this chapter shall be deemed to be minimum standards with which compliance is essential to the permitted uses, and shall not be construed as limiting the legislative discretion of the City Council or the discretion of the Hearing Examiner or staff as applicable, to further restrict the permissive uses or to withhold or revoke permits for uses where, notwithstanding the existence of the minimum standards herein set forth, the promotion or protection of the public health, safety and welfare bears a substantial relation to such withholding, denial or revocation of permits or uses. Exhibit A Ordinance No. 010-09 Page 132 of 138 16.72.030 Conflicting provisions. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties. Where this chapter imposes a greater restriction upon the use of buildings, or land or requires larger spaces than is imposed or required by other resolutions, rules, or regulations or by easements, covenants, or other agreements, the provisions of this chapter shall govern. 16.72.060 Applicability. Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with standards and procedures as set forth in this chapter. Every subdivision of land within the corporate limits of the City of Port Orchard shall proceed in compliance with this chapter. 16.72.070 Exemptions. The provisions of this chapter shall not apply to the following: (1) Any cemetery or burial plot, which is used for that purpose; (2) Any division of land not containing a dedication, in which the smallest lot created by the division exceeds 1 /128 of a section of land or five acres; (3) Any division of land made by testamentary provision, the law of descent, or upon court order; (4) Mobile home parks; (5) A division 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 to meet minimum requirements for width and area for a building site. 16.72.080 Concomitant agreement. Any application for a subdivision of any property may be subject to the signing of a concomitant agreement as a condition to the granting of the subdivision. The agreement shall serve to minimize the expected negative impact of the proposed subdivision and has as its purpose the improvement of the area for public good. The agreement shall include any condition of approval the City finds necessary to protect the public health, safety or general welfare. Wherever such a concomitant agreement is signed, it shall be filed and recorded with the office of the Kitsap County auditor and officially entered as a covenant upon the land. The applicant may be required to pay the cost of the preparation of the agreement. 16.72.090 Administration. The Development Director or designee is vested with the duty of administering subdivision and platting regulations within the corporate areas of the City and may prepare and require the use of such forms as are essential to their administration. 16.72.095 Impact fees Impact fees adopted by City Council resolution shall be applicable to both short subdivisions and subdivisions pursuant to POMC 16,72.140-16.72.240, and shall be paid at time of final plat approval prior to recordation and the fees placed into a separate account for use for said agreed purposes. Impact fees may include but is not limited to Park fees, stormwater fees, school impact fees and transportation fees as determined by the City Council, 16.72.100 Short subdivision - application Exhibit A Ordinance No. 010-09 Page 133 of 138 The property owner or his authorized agent, desiring to subdivide land into four or fewer lots shall file with the City a petition signed and acknowledged by him, on forms provided by the City and shall be full and complete, including such data as may be prescribed by the City. Each proposal shall be delineated in sufficient detail so that the plat is clearly defined. Required information shall include but shall not be limited to: (1) Seven signed copies or the appropriate number of copies as otherwise determined by the City of the application and all related material. (2) The legal description of the area to be subdivided. (3) Legal descriptions for each new parcel being created. A legal description shall include all existing easements and newly created easements within the developed structure of the legal itself. All legal descriptions shall be written in a manner which is acceptable to the City Engineer. (4) Drawings to scale that describe exactly and legally the property being short platted and include: (a) The name of any adjacent subdivisions; (b) Lines marking the original boundaries of the site and the proposed lots. All dimensions shall coincide with the legal description; (c) Dimensions, names, and locations of existing roads and ways within or adjacent to the tract; (d) Location of existing structures with respect to all existing and proposed property boundaries; (e) North arrow; (f) Scale of not less than 1 ":50'; (g) Seal and signature of professional land surveyor who prepared drawings. (5) If it is determined that the proposed short subdivision application contains sufficient elements and data to furnish a basis for approval or disapproval, a file number shall be affixed to the application along with the date of receipt and promptly forwarded to the City Engineer for review. Copies of the application shall be forwarded to the City clerk, fire authority, police chief and any state or federal agency having jurisdiction over the proposal, for review and comment. (6) The proposed source of water and means of sewage disposal. The project shall be forwarded to the City Engineer and shall have the proposed short subdivision reviewed to assure that all lots conform to all state and local requirements for provision of water and sewer services. 16.72.101 Preliminary short subdivision - Review process - Review by the City Engineer. (1)Upon receipt of the application and determination of completeness, the Director shall transmit a copy of the application to the City Engineer. (2) The City Engineer shall review the application. (3)The City Engineer shall recommend approval or disapproval of the preliminary short subdivision application with regard to the decision criteria set forth below. The City Engineer shall signify his or her recommendation of approval by providing a memorandum to the Director which includes any conditions of approval. (4) If the City Engineer recommends disapproval of the application, he or she shall provide a written explanation to the Director. (5) Decision Criteria: The subdivision may be approved or approved with modification if: a. The applicable design standards of POMC Sections of 16.50 and 16.55 are satisfied. b. The Applicable sections of POMC Section 16.72 have been satisfied. Exhibit A Ordinance No. 010-09 Page 134 of 138 c. Any portions of the subdivision that contain a critical area, as defined in POMC Chapter 18,01, conforms to all the applicable requirement of that chapter. d. The City Engineer determines that the preliminary subdivisions meet the following; I. The subdivision conforms to regulations concerning drainage, POMC Chapters 13,06 and 15.32. ii. The applicable road standards contained in City Council Resolution No. 1971 are satisfied. Ill. The subdivision will not place undue burden on drainage basins or water quality and will not interfere with use and enjoyment of properties downstream. iv. The streets and pedestrian ways as proposed, align with and are otherwise coordinated with streets serving adjacent properties to the maximum extent possible. V. The streets and pedestrian ways as proposed are adequate to accommodate anticipated traffic. e. The proposal complies with all applicable provisions of this code, Chapters 58.17 and 36.70A RCW, and all other applicable provisions of state and Federal laws and regulations; and f. the proposal is in accord with the city's Comprehensive Plan. 16.72.102 Declaration regarding further subdivision. (1) Land in a short subdivision may not be further divided in any manner within a period of five years offer the recording of the final short subdivision without the filing and approval of an application for a subdivision in accordance with POMC 16,72.140-16.72.240; except that when the short subdivision contains fewer than four parcels, nothing in this section shall prevent the owner from filing an alteration within the five-year period to create up to a total of four lots within the original short subdivision boundaries. This requirement shall be stated on the face of the plat. (2) Contiguous parcels that have one or more common owners, one or more persons who have an interest in the entity that owns or has an ownership interest in contiguous parcels, or a developer who intends to develop contiguous properties, must comply with the subdivision requirements of this title, POMC 16.72.140-16.72.240, if the total number of resultant lots will exceed four in number. The short subdivision code may not be used as a mechanism to avoid the requirements of the subdivision code where there are adjacent parcels under common ownership, as described herein, that, but for the property boundaries, would be required to comply with the subdivision requirements. 16.72.103 Preliminary short subdivision approval - Expiration. A final short subdivision application meeting all of the requirements of this chapter shall be filed within five years of the date of preliminary short subdivision approval. If the application is not filed within the five-year period, the preliminary short subdivision approval shall expire and shall be void. The five-year period shall apply to all preliminary short subdivision approvals granted by the City. 16.72.110 Short subdivision - recording of final plat. The City Engineer shall sign and date all approved short subdivisions and return the approved final short plat to the sub -divider. The sub -divider shall then file the short plat with Kitsap County. Exhibit A Ordinance No. 010-09 Page 135 of 138 16.72.120 Short subdivision - auditor. The short plat shall not be deemed approved until so filed. One copy of the recorded plat shall be returned to the City for its files. 16.72.130 Short subdivision - Amendments. The Development Director may approve an amendment to an existing short plat which has been approved and filed for less than the required five years, if the total number of proposed lots do not exceed four and there is no significant adverse action as a result of the amendment. Procedures for a short plat amendment are the same as those for the short subdivision. 16.72.140 Preliminary plat - application. (1) The property owner, or authorized agent, desiring to subdivide land into five or more lots, shall file with the City a petition signed and acknowledged by him/her on forms provided by the City and shall be full and complete, including such data as may be prescribed by the City Engineer. (2) Each subdivision shall be delineated in sufficient detail so that the plat is clearly defined. Preliminary plat requirements shall include but shall not be limited to: (a) The legal description of the property or area to be subdivided, legal descriptions for each new parcel being created and shall include all existing easements and newly created easements within the developed structure of the legal itself. (b) A complete and detailed written statement of the intended use of the land. (c) Scaled drawings which include survey data compiled as a result of a survey made by a registered land surveyor, site plan, area map, traffic and pedestrian circulation plans and any other plans and drawings deemed necessary for evaluation, or required by any other provision of the Land Use Regulatory Code. 16.72.150 Preliminary plat - property owners list. A list of property owners within 300 feet and not less than two parcels deep of the exterior boundaries of the subject property and their addresses, shall be furnished by the applicant. Said list shall be obtained from the Kitsap County assessor. 16.72.160 Preliminary plat - filing fee. Whenever an application for a subdivision is filed, a fee as determined by resolution, shall be paid for the purpose of defraying the costs incidental to the proceedings. 16.72.170 Preliminary plat - file number. Upon receipt of an application for a subdivision, the City shall review the proposal to assure that all lots conform to all state and local requirements. If it is determined that the proposed preliminary plat application contains sufficient elements and data to furnish a basis for approval or disapproval, a file number shall be affixed to the application along with the date of receipt. 16.72.180 Preliminary plat - staff report. The City staff shall prepare a report for consideration by the Hearing's Examiner and shall make the report available to the applicant and the hearing examiner no less than 5 business days before the public hearing. The staff report shall provide an analysis of the application, with recommended conditions. 16.72.190 Preliminary plat - Hearing Examiner public hearing. (1) The open record public hearing shall be held before the Hearing Examiner, along with any appeal from the SEPA responsible official's determination. Exhibit A Ordinance No. 010-09 Page 136 of 138 (2) Once the SEPA process has been completed, and the staff has completed its analysis of the application, the staff shall set the date for the public hearing. The City shall advertise the notice of the time and place of the hearing in a newspaper of general circulation within the City, not less than 10 days nor more than 30 days prior to the hearing date. Notice shall also be mailed by the City to all owners of record of the properties within 300 feet of the exterior boundaries of the subject property, not less than 14 days prior to the hearing date. If the proposed subdivision is adjacent to the right-of-way of any state highway, notice shall be given to the State Department of Transportation, or its successor; and the State Department of Ecology, if the proposed subdivision lies within an environmentally sensitive area. 16.72.200 Preliminary plat - Hearing Examiner's decision. (1) Hearings for which notice has been given in accordance with the provisions herein may be continued for good cause and verbal notice to those present of the date, time, and place to which such hearing is continued shall be deemed sufficient notice. (2) A plat application that has been denied cannot be resubmitted for one year of the date of disapproval. (3) The hearing examiner shall prepare written findings, legal conclusions and a decision on the application within 30 days after the close of the public hearing. (4) The Hearing Examiner's decision shall be a final action, unless appealed to the City Council within 14 days from the date of the Hearings Examiner's decision. Any appeal to the City Council shall be a closed record hearing and the City Council's decision shall be considered final action. 16.72.210 Final Plat - application - bond in lieu of construction. Within five years following the approval of the preliminary plat the applicant shall file with the City an application for final approval of a subdivision plat. The application shall: (1) Be made on forms provided by the City and signed by the owner of record and shall be full and complete, together with a fee as established by resolution. (2) Be accompanied by three sets of as -built drawings of all improvements. (3) Comply in all respects with the preliminary plat conditions as approved. In lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the City may accept a bond, in an amount and with surety and conditions to it, or other secure method, providing for and securing to the City the actual construction and installation of such improvements within a time limit as specified by the City Council and expressed in the bonds. In addition, the City Council may require other methods of security, including the posting of a bond securing to the City the successful operation of improvements for an appropriate period of time up to two years offer final approval. The City Engineer is authorized to enforce bonds as approved by the City Council. (4) Be presented to the City Engineer at least four weeks prior to a regular meeting of City Council. The date of the regular meeting on approval of the final plat shall constitute the official submittal date of the plat for the purposes of these regulations. (5) Be accompanied by all formal irrevocable offers of dedications to the public of, but not limited to, all streets, utilities, parks, and easements in a form approved by the City attorney. The subdivision plat shall be marked with a notation indicating the formal offers of dedication. A full covenant and warranty deed to all land to be dedicated to the public in proper form for recording, together with a title policy. (6) A certificate bearing the typed or printed names of all persons having an interest in the subdivided land, signed by the said persons and acknowledged by them before a notary public, consenting to the subdivision of the said land and reciting a dedication by them of all land shown on the plat to be dedicated for public uses and a waiver by them and their Exhibit A Ordinance No. 010-09 Page 137 of 138 successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision. 16.72.220 Final plat - signing and recording. (1) Subsequent to the resolution of the City Council, three paper copies of the construction plans, and one copy of the original of the subdivision plat on tracing cloth and/or reproducible mylar shall be submitted to the City Engineer for final review. No final approval shall be endorsed on the plat until a review has indicated that all the requirements of the preliminary plat as approved have been satisfied. (2) When the City Engineer finds that all conditions of the resolution have been satisfied, he/she shall sign the tracing cloth and/or reproducible mylar original of the subdivision plat. 16.72,230 Final plat - written approval of subdivision - recording. (1) When the City Council finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat, as approved, and that said subdivision meets the requirements of this chapter, other applicable state laws, and local ordinances which were in effect at the time of the preliminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat. The City shall make a formal written finding of fact that the proposed subdivision or short subdivision is in conformity with any applicable zoning ordinance or other land use controls. The original of said final plat shall be filed for record with the county auditor. Simultaneously with the filing of the plat, the City clerk shall record the agreement of dedication and any other legal documents as shall be required to be recorded. One paper copy shall be furnished to the City Engineer. One paper copy shall be filed with the county assessor. Any lots in a final plat filed for record shall be valid land use, notwithstanding any change in zoning laws, for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of approval for a period of five years after final plat approval unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (2) Any decision approving or disapproving a plat shall be reviewable under Chapter 36.70C RCW. 16.72.240 Time limit. Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from date of filing thereof unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21 C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement by the City. Final plats and short plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period. A final plat meeting all requirements of this chapter shall be submitted to the City Council for approval within five years of the date of preliminary plat approval. An applicant who files a written request with the City Council at least 30 days before the expiration of this five-year period may be granted an extension up to 2 years in length upon a showing that the applicant has attempted in good faith to submit the final plat within the five- year period, and upon such additional conditions as the City Council determines are in the best interests of the City and necessary to protect the public health and safety based on changes in circumstances since the date preliminary plat approval was granted. The fee for filing for an extension shall be as set forth in the City's fee resolution. Exhibit A Ordinance No. 010-09 Page 138 of 138 16.72.250 Right of way vacation procedures. The process for vacating a public right of way, as set forth in Chapter 35.79 RCW shall be followed, except as expressly modified by this section. The following procedure to process a petition to vacate a right-of-way: (1) The petition to vacate a right-of-way shall be accompanied by a petition fee as set by council resolution. (2) The petition to vacate a right-of-way shall be accompanied by a certified check that provides for one-half the cost of the value of the land. The value of the land will be based on square foot valuations as set by council resolution. (3) The City clerk will not process the petition without the conditions set out in subsections (1) and (2) having been fulfilled. (4) The City Council reserves the right to require an appraisal be completed at the expense of the petitioner. At the council's prerogative, the appraisal shall be completed by either a certified or non -certified appraiser and approved by the council. If the council requires an appraisal and the appraisal exceeds the valuations as set by council resolution, the petitioner shall provide the City with the additional required funds. If the appraisal determines the cost is less that the established values, the City will reimburse the difference based on the amount of the certified check and the appraised value. (5) The City will hold the certified check for a maximum of six months offer the council approves the vacation. If by that time, the petitioner has not completed the transaction, the petitioner shall forfeit the certified check. The City treasurer shall cash the check and deposit the funds in the appropriate City fund. (6) The cost of the petition fees and appraisal shall not be credited towards the cost of the right-of-way. 16.72.260 Violations - penalty. (1) Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provision of this chapter relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land shall be guilty of a civil infraction and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provisions of this chapter shall be deemed a separate and distinct offense. (2) Whenever any parcel of land is divided into five or more lots, tracts, or parcels of land and any person, firm or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such subdivision filed for record, the City attorney shall commence an action to restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property. (3) Any person who violates any court order of injunction issued pursuant to this chapter shall be subject to a fine of not more than $5,000 or imprisonment for not more than 90 days or both. (4) In the enforcement of this chapter, the City attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in, or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violation occurs. A violation of such assurance shall constitute prima facie proof of a violation of this chapter. NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held December 22, 2009. ORDINANCE NO. o10-o9 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING PORT ORCHARD MUNICIPAL CODE CHAPTERS 5.99, 16.04, 18.30, 18.94, AND 18.96; AND AMENDING THE PORT ORCHARD MUNICIPAL CODE TITLE 16 CHAPTERS BY ADOPTING NEW CHAPTERS 16.07 "PERMIT PROCESSING" AND 16.38 "HOME BUSINESSES"; AND AMENDING CHAPTERS 16.oi, 16.o5, 16.o6, 16.o8, 16.12, 16,13, 16.20, 16.30, 16.35, 16.40, 16.5o, AND 16.72 Copies of Ordinance No. 010-09 is 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. 010-09 will be provided at a nominal charge. City of Port Orchard Patti Kirkpatrick City Clerk Publish: Port Orchard Independent January 1, 2010