046-07 - Ordinance - Repealing and Amending Chapters and Adding New Title 16 Land Use Regulatory CodeORDINANCE NO. 046-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING PORT ORCHARD MUNICIPAL CODE CHAPTERS 13.08,
15.16, AND 16.04; REPEALING ORDINANCE NOS. 1748, 1785, 1859,
1860, 1876, 1895, 1901, 012-06, 015-06, 011-07, AND 025-07;
REPEALING RESOLUTIONS NO. 2083 AND 010-05; AND AMENDING
THE PORT ORCHARD MUNICIPAL CODE BY ADDING A NEW TITLE 16
ENTITLED "LAND USE REGULATORY CODE"
WHEREAS, the City Council has undertaken a comprehensive review of the Zoning
Code and Development Regulations in order to create an integrated set of documents that
are internally consistent and user friendly; and
WHEREAS, the Mayor, City Council, and staff have held a series of special meetings
over a period of months, which meetings were properly noticed and open to the public, to
prepare an integrated set of documents known as the Land Use Regulatory Code; and
WHEREAS, pursuant to RCW 36.70A.106, a draft of the Land Use Regulatory Code
was provided to the Washington Department of Community Trade and Economic
Development for its review and comment, and the Department has granted expedited
review; and
WHEREAS, on November 17, 2007 the City's SEPA official issued a Determination of
Non -Significance; and
WHEREAS, at a meeting held December 5, 2007 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 December
101 2007 and received written and oral comment from members of the public regarding the
provisions of the proposed Land Use Regulatory Code; and
WHEREAS, after considering input from the Planning Commission and the public, the
City Council finds that the Land Use Regulatory Code serves the public health, safety, and
general welfare of the citizens of Port Orchard; and
Ordinance No, 046-07
Page 2 of 3
WHEREAS, the City Council also finds that the Land Use Regulatory Code is
consistent with the goals and policies of the City's Comprehensive Plan and with the Growth
Management Act, Chapter 36.70A RCW; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Repealer. The following Port Orchard Municipal Code chapters,
uncodified ordinances, and resolutions are hereby repealed in their entirety:
A. Port Orchard Municipal Code Chapter 13.08 "Concurrency Management
Systems."
B. Port Orchard Municipal Code Chapter 15.16 "Signs."
C. Port Orchard Municipal Code Chapter 16.04 "Subdivisions."
D. Ordinance No. 1748, enacted September 28, 1998.
E. Ordinance No. 1785, enacted December 13, 1999.
F. Ordinance No. 1859, enacted May 28, 2002.
G. Ordinance No. 1860, enacted June 24, 2002.
H. Ordinance No. 1876, enacted December 9, 2002.
1. Ordinance No. 1895, enacted March 10, 2003.
J. Ordinance No. 1901, enacted May 12, 2003.
K. Ordinance No. 012-06, enacted April 10, 2006.
L. Ordinance No. 015-06, enacted June 16, 2006.
M. Ordinance No. 011-07, enacted May 14, 2007.
N. Ordinance No. 025-07, enacted September 24, 2007.
0. Resolution No. 2083.
P. Resolution No. 010-05.
SECTION 2. The Port Orchard Municipal Code is hereby amended by adding
Title 16 "Land Use Regulatory Code" as shown in Exhibit A attached hereto and
incorporated by this reference.
SECTION 3. Savings Clause. The Port Orchard Municipal Code Chapters
Ordinances, and Resolutions listed in Section 1, above, which are repealed by this
Ordinance, shall remain in force and effect until the effective date of this Ordinance.
SECTION 4. 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.
Ordinance No. 046-07
Page 3 of 3
SECTION S. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 19th day of December
2007.
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM:
Asst. Clty orne
KIM E. ABEL, MAYOR
Sponsored by:
Robert Putaansuu, Council Member
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of Ordinances approved by the Port Orchard City Council at their regular
Council meeting held December 19, 2007.
ORDINANCE NO. 046-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING PORT ORCHARD MUNICIPAL CODE CHAPTERS 13.08,
15.16, AND 16.04; REPEALING ORDINANCE NOS. 1748, 1785,
1859, 1860, 1876, 1895, 1901, 012-06, 015-06, 011-07, AND 025-
07; REPEALING RESOLUTIONS NO. 2083 AND 010-05; AND
AMENDING THE PORT ORCHARD MUNICIPAL CODE BY ADDING A
NEW TITLE 16 ENTITLED "LAND USE REGULATORY CODE"
Copies of Ordinance No. 046-07 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 046-07 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
Deputy City Clerk
Publish: Port Orchard Independent
December 29, 2007
EXHIBIT A TO ORDINANCE NO.046-07
TITLE 16
LAND USE REGULATORY CODE
Chapters:
16.01 General Provisions.
16.04 Comprehensive Plan and Amendments.
16.06 Administration of Land Use Regglations.
16.08 Definitions.
16.1.2 ZoningMap.
16.1.3 Zoning Districts.
16.2.0 Poverty 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.
16.40 Common Development Standards.
16.45 Parking Standards.
16.50 Landscape Standards.
16.55 Design Guidelines.
16.60 Concurrenc .
16.65 Sign Regulations.
16.70 Impact Fees- General Provisions.
16.72 Subdivisions.
16.80 Low Impact Development - Alternative Development Regulations.
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Examiner, unless a code provision specifically states otherwise. On 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: 1) hold public review sessions and
make decisions on boundary line adjustments and preliminary site plan/design reviews; 2) grant,
condition or deny building permits; and 3) grant, condition or deny grading and clearing permits.
(5) The Planning Director, as the duly authorized representative of the Mayor, is charged
with the responsibility of carrying out the provisions of the shorelines regulations, comprehensive
plans, and zoning code. The Planning Director shall issue temporary use permits. The Planning
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.
16.01.025 Violations 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.
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;
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(b) Whether or not the use complements or is compatible with other uses
permitted in the zone.
(c) The SIC classification, if any, assumed to the business or other entity that
will carry on the primary activities of the proposed use.
16.01.070 Fees for applications, permits, and appeals.
No permit shall be issued, application accepted, or appeal filed, without payment of the applicable
fee as established in the City's fee resolution.
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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.
16.04.040 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 Ci.ty'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;
(iii) 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:
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description of each suggested plan amendment to the City Council for review and consideration.
The City Council, after considering the Planning Director's recommended final dockets, shall adopt
the final docket for the current year plan amendment cycle no later than June I st of each year.
16.04.070 Plan amendment process.
Upon adoption of the final docket, the annual plan amendment process shall be consistent with the
general process and schedule for applications as described in POMC 16.06.060. The planning
commission shall make its recommendation 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 1 Sth of the current year.
16.04.080 Public notification.
(1) Upon receipt of each application for a comprehensive plan amendment, the Planning
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;
(e) 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.
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(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 platapproval pursuant to RCW 58.17.170;
(c) Landmark designations;
(d) Street vacations;
(e) Street use permits; and
(f) Boundary line adjustments, lot combinations, 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;
(v) Staff reports;
(vi) Notice of decision; and
(vii) Time limitations.
16.06.040 Pre -application requirements.
(1) Technical Review Conference. The technical review conference is a process
designed to define those items of department review which, if not addressed at the conceptual plan
stage, might result in substantial technical difficulties during the permit processing. Representatives
from various departments and an applicant for a project permit will discuss the conceptual plan for
the proposed project and the City's regulatory process. A technical review conference may be
scheduled at the request of the applicant.
(2) 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.
(3) Community Meeting. Following the pre -application meeting and before submitting
an application, where required by the Land Use Regulatory Code, the applicant shall conduct a
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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. Proposed 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.
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 36.70B.070 or
36.7013.090;
(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;
(h) A list of other permits not included in the application, to the extent known by
the City;
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(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.
16.06.071 Time periods for 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 14 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.
16.06.072 Time periods for filling appeals.
(1) Administrative Decisions. An aggrieved person may appeal any final decision of an
administrative official to the examiner. 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
action 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 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.
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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.
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.
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.
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16.08.01 S "Adequate" shall mean -
For purposes of concurrency at or above level of service standards specified in the currently
adopted Comprehensive Plan.
16.08.016 "Adjacent" shall mean:
For purposes of critical areas, within 500 feet of a critical area.
16.08.018 "Adult entertainment merchandise" shall mean:
Items designed or marketed for use in conjunction with "specified sexual activities".
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.
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.
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) 0 1 -Agricultural production - crops, and
(2) 543-Fruit and vegetable stands.
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
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16.08.042 "Appeal" shall mean:
To seek review of a decision or determination from a higher authority. An appeal may be from a
staff decision or determination to the examiner; or from an examiner decision to the City Council;
or from a City Council decision to the Superior Court or other court of competent jurisdiction.
1.6.08.044 "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.
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.
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.
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.
16.08.058 "Auction Douse" 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.
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.
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.
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.
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.
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16.08.090 "Building; fagade" 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.
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.
16.08.094 `Building height" shall mean:
The vertical height or distance from the uphill elevation of the 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.
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.
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 POW 16,40.120,
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.
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.
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. 543 § 1, 1947).
16-23
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.
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.
16.08.1.36 "Clinic" see "health services"
16.08.138 "Closed record appeal" shall mean:
An administrative appeal on the record to the City Council, following an open record hearing on a
project permit application when the appeal is on the record with no new evidence allowed to be
submitted.
16,08.140 "Commission" shall mean:
The Planning Commission of the City of Port Orchard.
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.
1.6.08.144 "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.
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.
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.
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 staffj, 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.
16.08.151 "Complete application" see definitions of "Application." and PON1C 16.06.050
16-25
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 cleaning, 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.
16.08.168 "Cottage industry" see "home (cottage) industry"
16.08.170 "Council" or City Council shall mean:
The City Council of the City of Port Orchard.
1.6.08.172 "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.
16.08.174 "Coverage — building" shall mean:
The percentage of the area of a lot which is built upon or used for structural purposes.
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.
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.
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.
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
16-27
ORDINANCE NO. 046-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING PORT ORCHARD MUNICIPAL CODE CHAPTERS 13.08,
15.16, AND 16.04; REPEALING ORDINANCE NOS. 1748, 1785, 1859,
1860, 1876, 1895, 1901, 012-06, 015-06, 011-07, AND 025-07;
REPEALING RESOLUTIONS NO. 2083 AND 010-05; AND AMENDING
THE PORT ORCHARD MUNICIPAL CODE BY ADDING A NEW TITLE 16
ENTITLED "LAND USE REGULATORY CODE"
WHEREAS, the City Council has undertaken a comprehensive review of the Zoning
Code and Development Regulations in order to create an integrated set of documents that
are internally consistent and user friendly; and
WHEREAS, the Mayor, City Council, and staff have held a series of special meetings
over a period of months, which meetings were properly noticed and open to the public, to
prepare an integrated set of documents known as the Land Use Regulatory Code; and
WHEREAS, pursuant to RCW 36.70A.106, a draft of the Land Use Regulatory Code
was provided to the Washington Department of Community Trade and Economic
Development for its review and comment, and the Department has granted expedited
review; and
WHEREAS, on November 17, 2007 the City's SEPA official issued a Determination of
Non -Significance; and
WHEREAS, at a meeting held December 5, 2007 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 December
101 2007 and received written and oral comment from members of the public regarding the
provisions of the proposed Land Use Regulatory Code; and
WHEREAS, after considering input from the Planning Commission and the public, the
City Council finds that the Land Use Regulatory Code serves the public health, safety, and
general welfare of the citizens of Port Orchard; and
Ordinance No. 046-07
Page 2 of 3
WHEREAS, the City Council also finds that the Land Use Regulatory Code is
consistent with the goals and policies of the City's Comprehensive Plan and with the Growth
Management Act, Chapter 36.70A RCW; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Repealer. The following Port Orchard Municipal Code chapters,
uncodified ordinances, and resolutions are hereby repealed in their entirety:
A. Port Orchard Municipal Code Chapter 13.08 "Concurrency Management
Systems."
B. Port Orchard Municipal Code Chapter 15.16 "Signs."
C. Port Orchard Municipal Code Chapter 16.04 "Subdivisions."
D. Ordinance No. 1748, enacted September 28, 1998.
E. Ordinance No. 1785, enacted December 13, 1999.
F. Ordinance No. 1859, enacted May 28, 2002.
G. Ordinance No. 1860, enacted June 24, 2002.
H. Ordinance No. 1876, enacted December 9, 2002.
I. Ordinance No. 1895, enacted March 10, 2003.
I. Ordinance No. 1901, enacted May 12, 2003.
K. Ordinance No. 012-06, enacted April 10, 2006.
L. Ordinance No. 015-06, enacted June 16, 2006.
M. Ordinance No. 011-07, enacted May 14, 2007.
N. Ordinance No. 025-07, enacted September 24, 2007.
0. Resolution No. 2083.
P. Resolution No. 010-05.
SECTION 2. The Port Orchard Municipal Code is hereby amended by adding
Title 16 "Land Use Regulatory Code" as shown in Exhibit A attached hereto and
incorporated by this reference.
SECTION 3. Savings Clause. The Port Orchard Municipal Code Chapters
Ordinances, and Resolutions listed in Section 1, above, which are repealed by this
Ordinance, shall remain in force and effect until the effective date of this Ordinance.
SECTION 4. 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.
Ordinance No. 046-07
Page 3of3
SECTION S. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 19th day of December
2007.
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM:
-'�aue4-- -
Asst. City orne
KIM E. ABEL, MAYOR
Sponsored by:
Robert Putaansuu, Council Member
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of Ordinances approved by the Port Orchard City Council at their regular
Council meeting held December 19, 2007.
ORDINANCE NO, 046-07
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING PORT ORCHARD MUNICIPAL CODE CHAPTERS 13.08,
15.16, AND 16.04; REPEALING ORDINANCE NOS. 1748, 1785,
18591 1860, 1876, 1895, 1901, 012-06, 015-06, 011-07, AND 025-
07; REPEALING RESOLUTIONS NO. 2083 AND 010-05; AND
AMENDING THE PORT ORCHARD MUNICIPAL CODE BY ADDING A
NEW TITLE 16 ENTITLED "LAND USE REGULATORY CODE"
Copies of Ordinance No. 046-07 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 046-07 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
Deputy City Clerk
Publish; Port Orchard Independent
December 29, 2007
EXHIBIT A TO ORDINANCE NO. 046-07
TITLE 16
LAND USE REGULATORY CODE
Chapters:
16.01 General Provisions.
16.04 Comprehensive Plan and Amendments.
16.06 Administration of Land Use Regulations.
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.
16.40 Common Development Standards.
16.45 Parking Standards.
16.50 Landscape Standards.
16.55 Design Guidelines.
16.60 Concurrence.
16.65 Sign Regulations.
16.70 Impact Fees- General Provisions.
16.72 Subdivisions.
16.80 Low Impact Development - Alternative Development Regulations.
16-1
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.
The Port Orchard Municipal Code Title 16 shall be known and may be cited as the "Land Use
Regulatory Code."
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).
16.01.021 Authority of City Officials, Planning Commission, Hearing Examiner, and City
Council.
(1) The City Council shall have authority to: 1) hold public hearings and make decisions
on annexations, conditional use permits in the downtown overlay district, comprehensive plan
amendments, zoning reclassifications, and any appeals of decisions made by the Hearing Examiner
as specified in this code; and 2) 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
and zoning adjustments.
(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 43.21C RCW and permits for conditional use,
preliminary subdivision, nonconforming use, planned residential development districts, major
amendments, variances, shoreline substantial development, shoreline conditional use, shoreline
nonconforming use, shoreline variance, comprehensive sign design plan permits and private road
variances. If an open record public hearing is required, it shall be held before the Hearing
16-2
Examiner, unless a code provision specifically states otherwise. On 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: 1) hold public review sessions and
make decisions on boundary line adjustments and preliminary site plan/design reviews; 2) grant,
condition or deny building permits; and 3) grant, condition or deny grading and clearing permits.
(5) The Planning Director, as the duly authorized representative of the Mayor, is charged
with the responsibility of carrying out the provisions of the shorelines regulations, comprehensive
plans, and zoning code. The Planning Director shall issue temporary use permits. The Planning
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.
16.01.025 Violations 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.
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;
16-3
(6) The use for which the approval was granted is being exercised in a manner
detrimental to the public health or safety.
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.
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 or 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.
(5) If two or more code sections dealing with the same subject matter pertain to a
specific parcel of property, then the most stringent provisions shall control, except in cases in which
subsection (6) applies.
(6) If the provisions of POW 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 restrictive
provision shall control, unless the overlay district provisions specifically gives a different order of
priority.
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.
16-4
(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.
16.01.070 Fees for applications, permits, and appeals.
No permit shall be issued, application accepted, or appeal filed, without payment of the applicable
fee as established in the City's fee resolution.
16-5
Chapter 16.04
COMPREHENSIVE PLAN AND AMENDMENTS
Sections:
16.04.010
Purpose.
16.04.020
Comprehensive plan — annual amendment — exceptions.
16.04.030
Types of comprehensive plan amendments.
16.04.040
Application and criteria.
16.04.050
Amendments — initiation.
16.04.060
Docket process.
16.04.070
Plan amendment process.
16.04.080
Public notification.
16.04.010 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.
16.04.020 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) Determination of an exception to the annual amendment process shall be made by
the City Council after recommendation by the planning commission.
16.04.030 Types of comprehensive plan amendments.
(1) Site -Specific or Project -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
i..
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.
16.04.040 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;
(iii) 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:
16-7
(i) 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
(iii) 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
(iv) Any proposed rezone must meet the criteria of POMC 19.25.060.
16.04.050 Amendments — initiation.
(1) The City Council, the mayor, or the planning commission may direct the Planning
Director to prepare an application for a comprehensive plan amendment. The Planning Director is
authorized to initiate the process for annual amendments to the comprehensive plan. The Planning
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
16.04.040.
(2) The Planning Director may prepare implementing development regulations to
accompany any proposed comprehensive plan amendments.
(3) The Planning Director shall docket and process each application as provided herein.
16.04.060 Docket process.
The Planning Director shall prepare and administer a preliminary docket 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 docket.
(1) All comprehensive plan amendment applications must be completed and submitted
to the planning department by 5:00 p.m. on February 1st 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 docket for the following calendar year. Applications that are
incomplete will be returned to the applicant.
(2) By March 15th of each year, the Planning Director shall compile and maintain for
public review a recommended final docket for project- or site -specific amendments and for
Citywide 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.
(3) The Planning Director shall provide notice of the recommended final dockets as
provided in POMC 16.01.060.
(4) The Planning Director shall provide the recommended final docket of site- or
project -specific amendments and City-wide comprehensive plan amendments, along with a brief
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description of each suggested plan amendment to the City Council for review and consideration.
The City Council, after considering the Planning Director's recommended final dockets, shall adopt
the final docket for the current year plan amendment cycle no later than June 1 st of each year.
16.04.070 Plan amendment process.
Upon adoption of the final docket, the annual plan amendment process shall be consistent with the
general process and schedule for applications as described in POMC 16.06.060. The planning
commission shall make its recommendation 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.
16.04.080 Public notification.
(1) Upon receipt of each application for a comprehensive plan amendment, the Planning
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.
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Chapter 16.06
ADMINISTRATIVE REGULATIONS FOR LAND USE REGULATORY CODE
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 add an administrative chapter to the Port Orchard Municipal Code
to comply with the requirements of the Regulatory Reform Act.
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.
16.06.030 Applicability.
This chapter serves to implement the Port Orchard Land Use Regulatory Code, shoreline use
regulations, critical areas regulations, engineering standards and the site development regulations.
The regulations identified in this chapter apply to all land use applications except those excluded in
POW 16.06.035(D). The provisions in this chapter shall control, unless a specific code section
dealing with a specific type of permit, sets forth other time limits, or procedures for the applicable
permit.
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 variance, administrative
nonconforming, 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, and temporary uses. Unless otherwise stated, administrative review shall be
subject to the application requirements, complete application, notice of application, 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.
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(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 combinations, 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;
(v) Staff reports;
(vi) Notice of decision; and
(vii) Time limitations.
16.06.040 Pre -application requirements.
(1) Technical Review Conference. The technical review conference is a process
designed to define those items of department review which, if not addressed at the conceptual plan
stage, might result in substantial technical difficulties during the permit processing. Representatives
from various departments and an applicant for a project permit will discuss the conceptual plan for
the proposed project and the City's regulatory process. A technical review conference may be
scheduled at the request of the applicant.
(2) 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.
(3) Community Meeting. Following the pre -application meeting and before submitting
an application, where required by the Land Use Regulatory Code, the applicant shall conduct a
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community meeting on a weekday evening to solicit input and suggestions from the community. A
member of the planning staff shall attend. 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).
Community meetings are not required for variances, when waived by the director, which do not
abut or have an impact on residential properties.
16.06.050 Complete applications.
(1) Form and Content. The Mayor is 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.
(a) 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.
(b) 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.
(c) When the project permit application is complete, the department shall accept
it and note the date of acceptance.
(d) 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 60 days of the department's mailing date
shall constitute grounds for deeming the application null and void. If all additional 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
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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. Proposed 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.
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
36.7013.090;
(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;
(h) A list of other permits not included in the application, to the extent known by
the City;
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(i) 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 5:00 p.m. on the last day of the comment period;
0) 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 14 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.
16.06.065 Notice of decision.
The City shall provide a notice of decision that includes a statement of any 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.
16.06.070 Time periods — notice of decision.
(1) The director or examiner 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 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
43.21C RCW;
(c) Any period for administrative appeals; and
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(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.
16.06.071 Time periods for 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 14 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.
16.06.072 Time periods for filling appeals.
(1) Administrative Decisions. An aggrieved person may appeal any final decision of an
administrative official to the examiner. 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
action 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 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.
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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, floor
area ratios, or maximum floor 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 43.21C RCW, the SEPA rules, Chapter 197-
11 WAC and the City environmental regulations, Chapter 14.04 POMC, and shall:
(a) Determine whether the applicable regulations require studies that adequately
analyze all of the 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 Chapter
36.70A 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 (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.
(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 (1), except for issues of code interpretation. Project review
shall be used to identify specific project design and conditions relating to the character of the
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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.
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.
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.
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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.
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.
16.08.004 "A -board sign" see "Sandwich board/sidewalk sign"
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.
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.
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.
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.
16.08.014 "Act — GMA" shall mean:
Growth Management Act (GMA), Chapter 36.70A RCW.
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16.08.015 "Adequate" shall mean:
For purposes of concurrency at or above level of service standards specified in the currently
adopted Comprehensive Plan.
16.08.016 "Adjacent" shall mean:
For purposes of critical areas, within 500 feet of a critical area.
16.08.018 "Adult entertainment merchandise" shall mean:
Items designed or marketed for use in conjunction with "specified sexual activities".
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.
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.
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.
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
"M
(2) 0241-Dairy farms and similar activities.
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.
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.
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.
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.
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.
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.
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.
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16.08.042 "Appeal' shall mean:
To seek review of a decision or determination from a higher authority. An appeal may be from a
staff decision or determination to the examiner; or from an examiner decision to the City Council;
or from a City Council decision to the Superior Court or other court of competent jurisdiction.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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.
16.08.068 "Billboard" see "Outdoor advertising structure or billboard"
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.
16.08.072 `Block" shall mean:
A group of lots, tracts, or parcels within well-defined and fixed boundaries.
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.
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 Planning Director or designee. Also see
POMC Chapter 2.76.
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.
16.08.080 "Boundary line adjustment" shall mean:
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 which contains
insufficient area and dimensions to meet minimum requirements of the zoning, building, and other
applicable ordinances.
16.08.082 Building" shall mean:
Any structure used or intended for supporting or sheltering any use or occupancy.
16.08.084 "Building area" shall mean:
The area included within the surrounding interior walls of a building or portion thereof, exclusive of
courts.
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.
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.
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16.08.090 "Building faVade" 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.
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.
16.08.094 "Building height" shall mean:
The vertical height or distance from the uphill elevation of the 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.
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.
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.
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.
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.
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. 543 § 1, 1947).
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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.
16.08.110 "Canopy - vegetation" shall mean:
The highest layer of vegetation within a forest community. For "Building Canopy" see "Marquee,"
16.08.458.
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.
16.08.114 "Capital facilities" shall mean:
The facilities or improvements included in the City of Port Orchard Capital Facilities Plan.
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.
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.
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.
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.
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.
16.08.126 "City" shall mean:
The City of Port Orchard, Washington, and all the territory within its existing and future corporate
limits.
16.08.128 "City Clerk" shall mean:
The City employee appointed to that position in accordance with the provisions of POMC Title 2.
16.08.130 "City Engineer" shall mean:
The City employee appointed to that position in accordance with the provisions of POMC Title 2.
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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.
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.
16.08.136 "Clinic" see "health services"
16.08.138 "Closed record appeal" shall mean:
An administrative appeal on the record to the City Council, following an open record hearing on a
project permit application when the appeal is on the record with no new evidence allowed to be
submitted.
16.08.140 "Commission" shall mean:
The Planning Commission of the City of Port Orchard.
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.
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.
16.08.146 "Community park" shall mean:
Those parks, trails, or recreation improvements,
recreation plan and/or capital facilities plan.
designated in the City of Port Orchard parks and
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.
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.
16.08.151 "Complete application" see definitions of "Application" and POMC 16.06.050
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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.
16.08.154 "Comprehensive design plan" shall mean:
The integration into one architectural design of the building, landscaping, and signs.
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.
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.
(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.
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.
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.
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.
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.
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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.
16.08.168 "Cottage industry" see "home (cottage) industry"
16.08.170 "Council" or City Council shall mean:
The City Council of the City of Port Orchard.
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.
16.08.174 "Coverage — building" shall mean:
The percentage of the area of a lot which is built upon or used for structural purposes.
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.
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.
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.
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
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facilities, and nursing homes. Critical facilities also include sites of hazardous materials storage or
production.
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.
16.08.182 "Custodian residential unit" see "accessory use — commercial"
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.
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 thereon; and, the acceptance by the public shall be
evidenced by the approval of such plat for filing by the appropriate governmental unit.
16.08.188 "Department" shall mean:
The Planning Department for the City of Port Orchard.
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.
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.
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.
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.
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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.
16.08.200 "Development activity" shall mean:
Any construction or 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.
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.
16.08.204 "Development approval authority" shall mean:
The City official or tribunal having code authority to approve a development.
16.08.206 "Development approval" shall mean:
Any written authorization from the City which authorizes the commencement of a development
activity.
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.
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.
16.08.214 "Director" shall mean:
The Planning Director for the City of Port Orchard, or his or her designee.
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.
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.
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.
fr.S►z5
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.
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.
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.
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 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.
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.
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.
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.
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
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(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".
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.
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
(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.
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.
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.
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
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as patio house, atrium house, duplex, quadplex, and multiplex or townhouse. A duplex may be two
stacked units.
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.
16.08.250 "Easement" shall mean:
A right granted by the owner of land to another parry for specific limited use of that land.
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.
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.
16.08.256 "Elderly" shall mean:
A person aged 55 or older.
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.
16.08.260 "Electrical sign" shall mean:
A sign structure in which electrical wiring, connections, or fixtures are used.
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.
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.
16.08.266 "Enhancement" shall mean:
An action which increases the functions and values of a stream, wetland or other critical area or
buffer.
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.
16-32
16.08.270 "Equipment — heavy" shall mean:
High -capacity mechanical devices for moving earth or other materials, and mobile power units
including, but not limited to:
(1) Carryalls,
(2) Graders,
(3) Loading and unloading devices,
(4) Cranes,
(5) Drag lines,
(6) Trench diggers,
(7) Tractors,
(8) Augers,
(9) Bulldozers,
(10) Concrete mixers and conveyers,
(11) Harvesters,
(12) Combines, or
(13) Other major agricultural equipment and similar devices operated by mechanical
power as distinguished from manpower.
16.08.272 "Equipment — light" shall mean:
Such construction machinery as chain saws, wheelbarrows, post -hold diggers and all hand-held
tools.
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.
16.08.276 "Evergreen" shall mean:
A plant species with foliage that persists and remains green year round.
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.
16.08.280 "Examiner" shall mean:
The regular hearing examiner or hearing examiner pro tem of the City of Port Orchard.
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.
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:
16-33
(1) 5949-Sewing, needlework, and piece goods stores, and
(2) Awning shops, banner shops, and flag shops found in 5999.
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.
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.
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.
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; or a group living
arrangement where 8 or fewer residents receive supportive services such as counseling, foster care,
or medical supervision at the dwelling unit by resident or nonresident staff. For purposes of this
definition, minors living with parents shall not be counted as part of the maximum number of
residents.
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.
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.
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.
16.08.296 "Fence" shall mean:
A barrier for the purpose of enclosing space or separating lots, composed o£ Masonry or concrete
walls, excluding retaining walls, wood, metal or concrete posts connected by boards, rails, panels,
wire or mesh.
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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.
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.
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.
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.
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.
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.
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.
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:
16-35
(1) 873 1 -Commercial physical and biological research,
(2) 873 3 -Noncommercial research organizations, and
(3) 8734-Testing laboratories.
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.
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.
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.
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) 6 1 -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.
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.
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.
16.08.324 "Growth Management Act — GMA" shall mean:
The Growth Management Act (GMA), Chapter 17, Law of 1990, 1st Extended Session, Revised
Code of Washington (RCW) Chapter 36.70A et sequitur, and Chapter 32 Laws of 1991, 1st Special
Session, Revised Code of Washington (RCW) 82.02.050 et sequitur, as now in existence or
hereafter amended.
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16.08.326 "Golf facility" shall mean:
A recreational facility, under public or private ownership, designed and developed for uses
including, but not limited to:
(1) A golf course;
(2) Driving range;
(3) Pro shops;
(4) Caddyshack buildings;
(5) Restaurants;
(6) Office and meeting rooms; and
(7) Related storage facilities.
16.08.328 "Grading" shall mean:
Any excavation and/or filling.
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.
16.08.332 "Ground sign" shall mean:
A freestanding sign that is less than five feet in height.
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.
16.08.336 "Hazardous household substance" shall mean:
A substance as defined in RCW 70.105.010.
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.
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.
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
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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.
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.
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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.
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.
(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 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. 43.21C 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 appeal" means an administrative appeal to the Council on the official
record from a decision made following an open record hearing with no new evidence permitted,
except as set forth in POMC 2.76.150(4), and only appeal argument allowed.
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:
(1) Tandem axle trucks,
(2) Graders,
(3) Backhoes,
(4) Tractor trailers,
(5) Cranes, and
(6) Lifts.
16.08.354 "Helipad" shall mean:
A landing area designed for the landing of helicopters, including associated parking, lighting, and
related safety/security improvements.
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
16-3 8
(2) 5999-Autograph and philatelist supply stores, coin shops, and stamps,
philatelist -retail (except mail order).
16.08.358 "Home (cottage) industry" shall mean:
A limited -scale activity undertaken for financial gain with some on -site service or sales or
fabrication, which occurs in a dwelling unit or residential accessory building, or in a barn or other
resource accessory building and is subordinate to the primary use of the premises as a residence or
farm in accordance with the provisions of POMC Chapter 5.99.
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".
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.
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.
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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 POMC Chapter 5.99.
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.
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 POMC Chapter 5.99.
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.
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.
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.
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.
16.08.378 "Household pets" shall mean:
Small animals that are kept within a dwelling unit.
16.08.380 "Hydroelectric generation facility" shall mean:
An establishment for the generation of electricity using water sources.
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.
16.08.384 "Impact" shall mean:
Any additional demand and need for public facilities or services that is reasonably related to the
proposed development.
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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.
16.08.388 "Impervious surface" shall mean:
A hard or compacted surface area which either prevents or retards the entry of water into the soil
mantle as it entered under natural conditions preexistent to development, or a hard or compacted
surface area which causes water to run off the surface in greater quantities or at an increased rate of
flow from that present under natural conditions preexistent to development. Common impervious
surfaces include but are not limited to rooftops, concrete or asphalt paving, paved walkways, patios,
compacted gravel, driveways, parking lots and storage areas, and oiled, macadam, or other surfaces
which similarly impeded the natural infiltration of surface water.
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.
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.
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.
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.
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.
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.
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.
16-41
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.
16.08.406 "Landfill" shall mean:
A disposal site or part of a site at which refuse is deposited.
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.
16.08.410 "Landscaping" shall mean:
Live vegetative materials required for a development. Said materials provided along the boundaries
of a development site is referred to as perimeter landscaping. Landscaping provided on the
remainder of the site is referred to as interior landscaping.
16.08.412 "Landslide" shall mean:
Episodic down slope movement of a mass of soil or rock including snow avalanches.
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).
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.
16.08.418 "Livestock — large" shall mean:
Cattle, horses, llamas, alpaca, and other livestock generally weighing over 500 pounds.
16.08.420 "Livestock — small" shall mean
Hogs, sheep, goats, miniature horses, llamas, alpaca, and other livestock generally weighing under
500 pounds.
16.08.422 "Loading space" shall mean:
A space for the temporary parking of a vehicle while loading or unloading cargo or passengers.
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.
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.
16-42
16.08.428 "Logo' shall mean:
An identifying emblem or insignia containing sign graphics, symbols, or colors typically used for
identification and/or advertisement.
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.
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.
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.
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.
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.
16.08.440 "Lot — through" shall mean:
A lot having frontage on two parallel or approximately parallel streets.
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.
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.
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;
16-43
(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.
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.
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.
16.08.452 "Marina" shall mean:
A water -dependent facility that provides moorage, wet and/or dry storage, and other related sales
and maintenance services, including but not limited to showers, toilets, self-service laundries, and
boat fuel, for pleasure and commercial; does not include community and public docks, overhauls,
engine pulling, or bottom painting. Live aboards are permitted only in established marinas.
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.
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.
16.08.458 "Marquee" shall mean:
A permanent roof -like structure or canopy of rigid material supported by and extending from the
facade of a building. Also see "Downtown marquee," 16.08.222.
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.
16.08.462 "May" shall mean:
Optional and permissive, and does not impose a requirement.
16.08.464 "Microwave" shall mean:
Electromagnetic waves with a frequency of 890 megahertz (mhz) or greater.
16-44
16.08.466 "Mitigation or Mitigate" shall mean:
Any action which avoids any negative or adverse impact, or which ameliorates any such impact.
16.08.468 "Mobile home" see "Dwelling unit — Mobile home"
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.
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.
16.08.474 "Monument" shall mean:
A permanently established marker which is used to establish property corners and control for
surveys.
16.08.476 "Monument sign" shall mean:
A permanent freestanding sign, which is attached to the ground by means of a wide base.
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.
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.
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) 3 75 -Motorcycles, bicycles, and parts.
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.
16.08.486 "Municipal water production" shall mean:
The collection, processing, and transmission facilities for municipal water systems, using surface or
ground water sources.
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4 6.08.488 "Mural" shall mean:
Art renderings on exterior walls that do not advertise a business, product, service, or activity.
16.08.490 "Must" shall mean:
The same meaning as "shall" herein, and is mandatory and imposes a requirement.
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.
16.08.494 "Natural" shall mean:
(1) Building materials: When used in context of the Tremont Street Corridor Overlay
District "natural" means wood siding (horizontal, vertical or diagonal; no T-111), wood shake, river
cobble, slate, brick (natural colors), stucco (as accent only), and clay tile.
(2) Colors: When used in context of the Tremont Street Corridor Overlay District
"natural" colors are what is commonly referred to as earthtone colors; examples of earthtone colors
include almond, bluegrass, brick, cedar beige, chamois, cobblestone, cordovan, cream, driftwood
gray, gray, Monterey Pine, rose quartz, silver gray beige, and topaz.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(3) If the decision of the Council is appealed to Superior Court, the following will also
be included in the official file:
(a) The electronic recording of the appeal to Council and minutes of the same, or
a transcript of the electronic hearing on the matter, certified under oath to be a true and correct
transcript of the electronic recording of the hearing on the appeal;
(b) The decision of the Council.
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.
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.
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16.08.520 "Open record hearing" shall mean:
A hearing, conducted by the hearing examiner, that creates the City's official record through
testimony and submission of evidence and information under the procedures prescribed herein. An
open record hearing may be held prior to the City's decision on a project permit to be known as an
"open record pre -decision hearing." An open record hearing may be held on an appeal, to be known
as an "open record appeal hearing," if no open record pre -decision hearing has been held on the
project permit.
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.
16.08.524 "Ordinances" shall mean:
A legislative enactment of a City or county.
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.
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.
16.08.530 "Parapet" shall mean:
That portion of a building wall which extends above the roof of the building.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
16.08.560 "Permit - temporary use" shall mean:
A permit to allow a use for a limited duration and/or frequency.
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.
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.
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.
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.
4 6.08.568 "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
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(2) 5999-13inoculars and telescopes.
16.08.570 "Planning commission" shall mean:
The Port Orchard Planning Commission.
16.08.572 "Plat" shall mean:
Preliminary and final, short and long plats.
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.
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.
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.
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.
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.
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.
16.08.586 "Port Orchard" shall mean:
The City of Port Orchard, Washington.
16.08.588 "Portable sign" shall mean:
Any sign which is designed to be periodically transported either manually, on a vehicle, or on its
own wheels, and which is not designed to be permanently affixed to the ground or to a structure.
The removal of the wheels from such a sign, or the attachment of such a sign temporarily or
permanently to the ground or to a structure, does not, by itself, change the inherent portability which
was part of the original design of the sign, and does not exempt it from this definition.
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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.
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.
16.08.594 "Professional office" shall mean:
An office used as a place of business by licensed professionals, or persons in other generally
recognized professions, which use training or knowledge of a technical, scientific or other academic
discipline as opposed to manual skills, and which does not involve outside storage or fabrication, or
on -site sale or transfer of commodities, including the following SIC major group and industry
numbers:
(1) 64-Insurance agents, brokers, and service,
(2) 653-Real estate agents and managers,
(3) 7291-Income tax return preparation services,
(4) 81-Legal services,
(5) 87 1 -Engineering, architectural, and surveying services,
(6) 872-Accounting, auditing, and bookkeeping services, and
(7) 874-Management and public relation services.
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.
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.
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.
16.08.602 "Property owner" shall mean:
Those individuals, corporation, or other entity that own or have a vested contractual interest in the
property.
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
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of the State of Washington, the United States or any state thereof, or any Indian tribe recognized as
such by the Federal Government.
16.08.606 "Public agency animal control facility" shall mean:
A facility for the impoundment and disposal of stray or abandoned small animals.
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.
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) 9 1 -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.
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.
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.
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.
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.
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.
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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.
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.
16.08.628 "Reasonable use" shall mean:
"Reasonable use" as defined by the most recent applicable state or federal court decision.
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.
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.
16.08.634 "Recyclable material' shall mean:
A nontoxic, recoverable substance that can be reprocessed for the manufacture of new products.
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.
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.
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.
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.
16.08.656 "Roof sign" shall mean:
Any sign erected on or supported by the roof of a building.
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.
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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.
16.08.662 "Senior" shall mean:
A person aged 55 or older.
16.08.664 "School" shall mean:
An institution primarily for academic instruction, public, private or parochial, and accredited by the
State Department of Education.
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.
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.
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.
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.
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.
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.
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.
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.
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4 6.08.682 "Self-service storage facility" shall mean:
An establishment containing separate storage spaces that are leased or rented as individual units.
16.08.684 "Sensitive area" see Critical Area definition.
16.08.686 "SEPA responsible official" shall mean:
The Planning Director, or such other person as the Planning Director has designated in writing to
serve as the SEPA responsible official.
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.
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.
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.
16.08.696 "Shall" shall mean:
The same meaning as "must" herein, and is mandatory and imposes a requirement.
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.
16.08.699 "Shorelines administrator" shall mean:
The Planning Director, or such other City employee that she designates, in writing, to serve in that
capacity.
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.
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.
16.08.704 "Should" shall mean:
Shall, unless the context clearly indicates otherwise. But see 16.01.040(D).
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,
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event, product, goods, or services; provided, that the same is visible from any public right-of-way or
waterway.
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.
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.
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.
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.
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.
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.
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.
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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) 594 1 -Sporting goods stores and bicycle shops, and
(2) 5999-Tent shops and trophy shops.
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.
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.
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.
16.08.732 "State" shall mean:
The State of Washington.
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.
16.08.736 "Stream" see RCW 90.58
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.
16.08.740 "Street frontage" shall mean:
The portion of a lot property line that abuts a public right-of-way.
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.
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.
16-57
16.08.746 "Structure height" shall mean:
The vertical height or distance from the lowest or downhill elevation line of the 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.
16.08.750 "Subdivision — long" shall mean:
The division of land into five or more lots, tracts, or parcels, sites, or subdivisions for the purpose of
sale, lease, or transfer of ownership" (RCW 58.17.020(1)).
16.08.752 "Subdivision — short" shall mean:
The division of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale,
lease, or transfer of ownership" (RCW 58.17.020(6)).
16.08.754 "Substantial development or improvement" shall mean:
(1) Any repair, reconstruction, or improvement of a structure, the cost of which equals
or exceeds 50 percent of the market value of the structure either:
(a) Before the improvement of repair is started; or
(b) If the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition substantial improvement is considered to occur when
the first alteration of any wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of the structure.
(2) The term does not, however, include either:
(a) Any project for improvement of a structure to comply with existing state or
local health, sanitary, or safety code specifications which are solely necessary to assure safe living
conditions; or
(b) Any alteration of a structure listed on the National Register of Historical
Places or a State Inventory of Historical Places.
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.
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.
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.
16-5 8
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.
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.
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.
16.08.768 "Testamentary" shall mean:
Given or bequeathed by a will.
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.
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.
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.
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.
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.
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.
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.
f_C.�3�
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.
16.08.786 "Transmitter building" shall mean:
Building used to contain communication transmission equipment.
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.
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.
16.08.792 "Understory" shall mean:
The low layer of plants forming an underbrush or under wood.
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.
16.08.795 "Use — conditional" see "Conditional use."
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.
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.
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.
16.08.803 "Use — temporary" see "Temporary use."
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.
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.
16.08.810 "Vegetation" shall mean:
Any and all organic plant life growing at, below, or above the soil surface.
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.
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.
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.
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.
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.
16.08.824 "Wall frontage" shall mean:
The length of an outside building wall on a public right-of-way.
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.
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,
16-61
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.
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.
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.
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.
16.08.836 "Wetland" see RCW 90.58.
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.
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.
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.
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.
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.
16-62
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, Eo, Mxd, Cf, and overlay
zones of -Ce-, -Hist, -Ross, - Jack, - Trmt, VPOD, DOD, -P, and — Sp. The location and boundaries
of the various zones are such as are shown on the map titled "City of Port Orchard Zoning Map"
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.
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.
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.
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.
16-63
4 6.12.040 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.
(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.
16.12.050 Reference to R zones.
Whenever the letter "R" is used in this title, it refers to all zones containing this letter in its title.
16-64
Chapter 16.13
ZONING
Sections:
16.13.100
Zoning districts.
16.13.110
Gb greenbelt district.
16.13.111
Gb permitted uses.
16.13.112
Gb conditional uses.
16.13.113
Gb lot area.
16.13.114
Gb lot coverage.
16.13.115
Gb yards.
16.13.116
Gb building height.
16.13.120
R4.5 single family detached.
16.13.121
R4.5 permitted uses.
16.13.122
R4.5 conditional uses.
16.13.123
R4.5 lot area.
16.13.124
R4.5 lot coverage.
16.13.125
R4.5 yards.
16.13.126
R4.5 building height.
16.13.130
R8 and R12 single family detached/attached.
16.13.131
R8 and R12 permitted uses.
16.13.132
R8 and R12 conditional uses.
16.13.133
R8 and R12 lot area.
16.13.134
R8 and R12 lot coverage.
16.13.135
R8 and R12 yards.
16.13.136
R8 and R12 building height.
16.13.140
R20 single/multiple family detached/attached.
16.13.141
R20 permitted uses.
16.13.142
R20 conditional uses.
16.13.143
R20 lot area.
16.13.144
R20 lot coverage.
16.13.145
R20 yards.
16.13.146
R20 building height.
16.13.150
Co commercial: retail and office.
16.13.151
Co permitted uses.
16.13.152
Co conditional uses.
16.13.153
Co lot area.
16.13.154
Co lot coverage.
16.13.155
Co yards.
16.13.156
Co building height.
16.13.160
Eo employment: industrial and office.
16.13.161
Eo permitted uses.
16.13.162
Eo conditional uses.
16.13.163
Eo lot area.
16.13.164
Eo lot coverage.
16.13.165
Eo yards.
16.13.166
Eo building height.
16.13.170
Mxd mixed use commercial, employment and residential.
16.13.171
Mxd permitted uses.
16-65
16.13.172
Mxd conditional uses.
16.13.173
Mxd lot area.
16.13.174
Mxd lot coverage.
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.
16.13.100 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.
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.
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
16.08.006-16.08.012.
(3) Signs in accordance with the provisions of the POMC Chapter 16.65.
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.
..:
16.13.113 Gb lot area.
Lot area is as described in the Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.114 Gb lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POW 16.40.025.
16.13.115 Gb yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.116 Gb building height.
Building Height is as described in the Table 9, "Densities and Dimensions", POMC 16.40.025.
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.
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 POW Chapter 16.65.
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.
16.13.123 R4.5 lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.124 R4.5 lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16-67
16.13.125 R4.5 yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.126 R4.5 building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
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.
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, POW 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.
16.13.132 R8 and R12 conditional uses.
Conditional uses are those shown on Land Use Tables 1-8, POW Chapter 16.30 and associated
development standards as identified in Chapter 16.40 POMC.
16.13.133 R8 and R12 lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.134 R8 and R12 lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.135 R8 and R12 yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
..:
16.13.136 R8 and R12 building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
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.
16.13.141 R20 permitted uses.
The following are permitted uses in the residential single/multiple family detached/attached zone
(R20):
(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.
16.13.142 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.
16.13.143 R20 lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.144 R20 lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.145 R20 yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.146 R20 building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
..5
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 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.
(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.
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, POW 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 POW Chapter 16.65.
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.
16.13.153 Co lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.154 Co lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.155 Co yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POW 16.40.025.
16.13.156 Co building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
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:
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(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.
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, POW Chapter 16.30.
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.
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.
16.13.163 Eo lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.164 Eo lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.165 Eo yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.166 Eo building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
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:
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(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 same 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 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- 1 60/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.
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.
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.
16.13.173 Mxd lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.174 Mxd lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.175 Mxd yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
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16.13.176 Mxd building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
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
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.
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.
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.
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16.13.183 Cf lot area.
Lot area is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.184 Cf lot coverage.
Lot coverage is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.185 Cf yards.
Yard requirements are as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
16.13.186 Cf building height.
Building Height is as described in Table 9, "Densities and Dimensions", POMC 16.40.025.
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.
16.13.191 PRD permitted uses.
(1) Single-family detached dwellings in the Gb, R4.5, R8, R12, 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.
16.13.192 PRD minimum lot area:
Parcels proposed for the PRD designation must meet minimum lot requirements as follows:
Greenbelt two acres
Residential 4.5, 8, 12, and 20 one acre
Mixed use one-half acre
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16.13.193 PRD modification of underlying zoning development standards.
(1) The City 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; the provision of alleys and designs which
incorporate parking at the rear of sites are also greatly encouraged.
(d) Landscaping requirements;
(e) Sign requirements;
(f) Design standards;
(g) Lot size, except that single-family detached dwelling unit lots must maintain
a usable minimum diameter of 50 feet behind all setbacks and lot area of 1,963 square feet; planned
residential developments providing a variety of lot sizes are strongly encouraged.
(2) The following standards may not be modified or altered in a PRD:
(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 Critical Areas;
(c) Regulations pertaining to nonconforming uses, structures, or lots;
(d) Standards adopted by administrative regulations.
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.
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
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(h) Provide public facility sites or improvements, such as road improvements,
utilities, parks, or open space.
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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, criteria for granting.
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.
16.20.211
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.
16.20.216
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).
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16.20.515
Ross Creek additional application requirements.
16.20.600
Tremont Street Corridor Overlay District, TRMT.
16.20.601
TRMT permitted uses.
16.20.602
TRMT permit required.
16.20.603
TRMT exceptions.
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.
16.20.611
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.
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(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.
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.
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.
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.
LC•O M
(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.
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.
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.
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.
• :1'
16.20.125 Special district overlay designations (map designation -sdod).
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.
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.
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.
16.20.200 Downtown Overlay District (map designation -dod).
(1) Boundaries: The DOD consists of one sub area: the Central DOD sub area shall
consist of all real property located within the area depicted on the 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.
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areas.
(h) Promote an integrated system of pedestrian -friendly walkways and parking
(i) Enhance the City's waterfront character while maintaining the maritime
presence.
0) 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.
(1) 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.
16.20.201 DOD permitted uses.
All uses listed below are permitted uses. No other uses shall be permitted in the DOD, unless said
use is accessory to the principal permitted use or 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.
0)
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 dealers,
auto supply stores, gas stations, boat dealers, adult entertainment, and fuel dealers.
(x)
Trails.
(y)
Water transportation facilities.
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(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.
0) Commercial recreation.
(k) General business services.
(1) Health services, including offices, patient clinics, and medical/dental
laboratories above the first floor.
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
above the first floor.
(v)
(w)
Hotels and motels.
Library.
Liquor and wine stores.
Marinas and marine supply.
Museums.
Parks.
Parking lots and parking structures.
Post Office.
Professional offices and services, including financial, accounting, and legal
Public agency offices above the first floor.
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.
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.
16.20.203 DOD conditional uses.
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.
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4 6.20.204 DOD conditional uses, criteria for granting.
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 (1%) 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.
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.
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.
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.
16.20.208 DOD minimum residential dwelling unit size.
The minimum residential dwelling unit size shall be six hundred (600) square feet.
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 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.
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.
16.20.211 DOD heights within the central DOD, 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.
16.20.212 DOD heights within the central DOD, 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)(a) are satisfied.
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)(b) are satisfied.
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);
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(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 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.
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(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.
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.
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.
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
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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.
16.20.219 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 fagade 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.
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.
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.
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:
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(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.
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 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.
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.
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
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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.
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.
16.20.227 DOD pre -application meeting.
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.
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.
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;
(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.
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
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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.
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.
16.20.400 Historic residential neighborhood overlay (map designation -hist).
(1) Boundaries: The boundaries of the Historic Residential Neighborhood Overlay
District will be defined by studies involving affected property owners.
(2) Unique overlay standards: include standards that define parking and access
arrangements, building envelopes, building design features, landscape materials, and other
performance considerations for the historic Port Orchard residential neighborhoods.
16.20.500 Ross Creek Corridor Overlay (map designation -ross).
(1) Boundaries: The boundaries and applicable standards of the Ross Creek Corridor
Overlay District (-ross) will be defined by studies involving affected property owners.
(2) Purposes: the purpose of the Ross Creek Corridor Overlay District (-ross) is to
conserve and enhance surface water drainage patterns, surface water quality, fishery resources and
habitat, wetland and riparian corridor wildlife habitat, and scenic attributes of the natural corridor
created by Ross Creek and its tributaries. A secondary purpose of the district is to preserve and
protect a park -like or greenway buffer along adjacent hillsides that view into and are viewed from
the corridor.
(3) The standards applicable to the Ross Creek Corridor Overlay are intended to be used
in conjunction with the City's Shoreline Master Program to review development within 200 feet of
the ordinary high water mark of Sinclair Inlet, or within the 100 year flood plain and all associated
wetlands, whichever is greater.
16.20.505 Ross Creek development standards.
(1) Clear cutting of vegetation shall not be allowed from the ordinary high water mark to
the top of the stream bank or within 50 to 200 feet of the stream as measured horizontally from the
ordinary high water mark, whichever is more appropriate for the circumstances. This measurement
is not a setback for placement of structures.
(2) Grading should be minimized to that necessary for construction. At no time should a
site be completely cleared of all native plant species.
(3) Impervious surfaces shall not exceed 23% of the total lot area.
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(4) Open ditch bio-filtration swales should be used to maintain current stream water
quality.
(5) All stormwater controls should be constructed using "state of the art design".
(6) All development within the lower watershed with a density greater than
dwelling/acre should be connected to sanitary sewer.
(7) All commercial and industrial development within the watershed area should be
connected to sanitary sewer.
(8) An occupancy permit shall not be issued for any building within the watershed if
bare soils are present or with no visible groundcover growth. Installation of native plant species is
highly encouraged. All building permit applicants shall be made aware of this requirement prior to
permit approval.
(9) All development plans should be designed to conform to existing topography and
soils, thereby minimizing hazards caused by excessive clearing and grading.
16.20.510 Ross Creek Best Management Practices (BMP).
Best Management Practices (BMP) shall be used for all construction within the Ross Creek
Corridor Overlay area. The applicable BMP include:
(1) All building applications for occupied structures or structures which could be
occupied as determined by the building official, on slopes greater than 15 percent shall submit a
geotechnical evaluation, conducted by a licensed engineer, on slope stability.
(2) Cleared and grubbed areas should detain and/or cleanse water onsite using a
combination of silt barriers, hay bales and detention ponds. Hillsides greater than or equal to 15
percent grade should be immediately planted after soil disturbance - disturbance shall be limited to
that needed for construction.
(3) The following order of construction activity shall be observed at all times for
development within the watershed:
(a) Placement of silt barriers or other temporary erosion barriers.
(b) Construction of pre -approved stormwater facilities.
(c) Construction of road(s).
(d) Installation of groundcover within bio-filtration swales, detention ponds,
enhanced wetlands, hillsides, etc.
(e) Clearing and grading of individual lots. Understanding that road access must
be provided and installed prior to construction of stormwater facilities, they may be installed
concurrently with road construction. Under no circumstance, however, shall roadways be cleared
and graded without proper placement of stormwater detention and cleansing controls immediately
during or after their completion.
(4) Where possible, roads should be located on natural benches, ridges and flat slopes,
and away from the stream channel. If within 200 feet, a natural vegetative buffer or filter strip shall
be installed between the road and stream.
(5) All road construction shall be planned to prohibit sediment from reaching the stream.
16.20.515 Ross Creek additional application requirements.
(1) All development proposals shall include:
(a) An erosion control plan to ensure that excessive runoff is diverted and/or
detained away from the stream;
(b) A clearing and grading plan identifying the type and amount of grading and
filling and the significant vegetation that will remain after site preparation is completed.
(2) A stormwater plan shall be prepared and submitted for all development greater than
one dwelling unit per acre.
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16.20.600 Tremont Street Corridor Overlay District (TRMT) (map designation -trmt).
(1) Boundaries: The TRMT is the geographic area of Tremont Street between Highway
16 to the south and the west bank of Blackjack Creek. Intersecting streets include Pottery Avenue,
Roland, Howard, Flower, Garrison, and West Streets.
(2) Purposes: The purpose of the Tremont Street Design Overlay District (TRMT) is to:
(a) Develop the frontage and large ownership properties that abut Tremont Street
with new site and mixed use building characteristics that reflect or incorporate an architectural scale
and heritage that is appropriate to Port Orchard;
(b) Define gateways and other urban streetscapes that establish the corridor as a
principal entry into the City;
(c) Establish uses which promote an economically sound land use pattern,
contribute to the desired image of the area, and provide opportunities for economically productive
business enterprises;
(d) Provide site development standards which establish minimum regulations for
all development within the Specific Plan area and which contribute to a high quality of
development;
(e) Establish a sense of place, as well as continuity and consistency of
development standards, within the Specific Plan area;
(f) Achieve gradual improvement of existing residential properties through use
changes, landscaping incentives, and street design improvements, or any combination of these
devices;
(g) Contribute to the improvement of both visual and functional attributes of
Tremont Street to help direct business activity and to provide a quality environment for residents of
the community.
16.20.601 TRMT permitted uses.
All existing residential uses within the TRMT shall be allowed to continue their current residential
use, at the current residential density, as a permitted use.
16.13.602 TRMT permit required.
(1) A TRMT permit is required for the construction of any building, structure or sign
unless specifically exempt. Permits are required for any new development construction and for the
outward expansion of existing structures and uses by 50% or more. Once the TRMT permit is
acquired for a parcel of land, then all further development activity on said parcel shall be in
conformance with the TRMT permit conditions.
(2) All commercial and office development (new and Rehabilitation) located within the
Tremont Specific Plan area is subject to the design guidelines/standards contained herein. The
design guidelines shall apply in the event any of the following actions occur:
Any new construction; any change of use or reuse established after a vacancy of 6 months or
more; any addition or enlargement of an existing structure or use; any change in the
occupancy of a structure or manner in which a use is conducted.
(3) An applicant who is changing only a portion of his existing building need only
comply with the guidelines and standards directly related to the portion changed. In the event the
change or modification exceeds 60% of any facade visible to the public right of way or public
parking lot, or the Planning Director determines the changes are significant (50% or more outward
expansion), the applicant shall comply with all portions of the design guidelines/standards for the
entire facade and all landscaping, parking, and signs for the site.
(4) The following activities require design review: building construction; lighting;
parking and circulation areas; signs (new and copy changes); exterior building alterations; fences
and walls and landscaping.
16.20.603 TRMT exemptions.
The following uses are exempt from the TRMT permit process and requirements:
(1) The construction or alteration of existing single-family structures;
(2) Demolition of existing structures;
(3) Any interior building remodeling or alterations;
(4) Replacing existing materials or colors already approved in design review.
16.20.604 TRMT permit application requirements.
All TRMT permit applications shall, at a minimum, include all of the information and documents
set forth in this section. Additional information may be requested by the Planning Director.
(1) A narrative of the overall project description which demonstrates how it is consistent
with the TRMT Design Standards and any other applicable City standards, and such other
information as will assist in establishing that the proposal meets the TRMT requirements and
purposes.
(2) Preliminary architectural renderings with elevations and details of architectural
features, but not construction ready documents.
(3) 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.
(4) A site development plan including:
(a) Vicinity map with adjoining street location and names;
(b) Property boundaries and directions;
(c) Public and private easements;
(d) Adjacent land uses for site context purposes;
(e) Proposed building envelopes for all structures including proposed entryway
locations and building orientation to streets;
(f) Building elevations;
(g) Refuse container enclosure and gate;
(h) Wall sections and details; and
(i) Materials specifications including proposed surface materials color(s).
(5) A landscape plan including:
(a) Plant lists by name;
(b) Quantities and size of plantings including the identification of existing
significant trees (over 8" in diameter) to be retained;
(c) Landscape perimeter and screen.
(6) Parking and Access Plan including:
(a) Parking entry location from the street;
(b) Entry construction details;
(c) Stall types delineated and dimensioned;
(d) Location of disabled parking; and
(e) Parking tabulation information including shared parking with adjoining uses
(within 100 feet).
(7) A completed SEPA checklist (for environmental review), unless the project is
categorically exempt from SEPA review;
(8) Payment of a fee as required by resolution of the City Council.
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16.20.605 TRMT review process.
(1) Pre -application Conference Required. A pre -application conference is required
before the City will accept an application for a TRMT permit. The proponent of a development
project subject to design review shall meet with staff 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.
(2) Hearing Examiner Review. No building permit shall be issued for the construction
of, or addition to, any building, structure, or sign within the boundaries of the TRMT until the
Hearing Examiner has first made Endings that the proposed building, structure, or sign is in
conformity with both the intent and provisions of POMC 16.20.600 — 16.20.633.
16.20.606 TRMT appeals.
The Hearing Examiner's decision with regard to a TRMT permit shall be the appealable to the City
Council. The City Council shall be City's final action for the purpose of any and all appeals.
16.20.608 TRMT front yard setbacks.
Front yard setbacks shall be twenty (20) feet for all buildings. Monument signs may encroach to
within five (5) feet of the front property line. No parking may encroach into the front yard setback.
All setbacks shall be landscaped.
16.20.609 TRMT side yard setbacks.
No side yard setback is required except in the following conditions:
(1) Where adjacent to a residential district or land use a 10 feet side yard setback is
required.
(2) Where the side yard is adjacent to a public street, the building setback shall be 10
feet. Parking areas and monument signs may encroach to 5 feet into the required setback. All
setbacks shall be landscaped. Additional landscaping is required for parking areas encroaching to
within 5 feet of property lines.
16.20.610 TRMT rear yard setbacks.
No setback is required except in the following conditions:
(1) Where adjacent to a residential district or land use, then a 15 feet rear yard setback is
required.
(2) Where the rear yard is adjacent to a public street then the setback shall be a
minimum of 10 feet. Parking and monument signs may encroach 5 feet within the setback area. All
setbacks shall be landscaped.
16.20.611 TRMT lot coverage.
The maximum allowable lot coverage by structures shall be 100 percent for commercial/office uses
less required parking area, landscaping, and setbacks. Residential and multiple family developments
shall conform to lot coverage found within their respective zone designations.
16.20.612 TRMT minimum street frontage.
The minimum street frontage for any commercial/office development shall be no less than 100 feet.
If necessary, lots of 150 feet or less shall design parking facilities to adjoin future adjacent
developments (combined street access).
1MO
16.20.613 TRMT building height.
The maximum building height shall be 33 feet as measured to the top of the gable or pitch of the
roof. Uninhabited architectural elements such as spires, towers or roof lines may extend to 35 feet.
16.20.614 TRMT design standards.
All proposed building applications, except where identified as exempt, shall be consistent with the
TRMT Design Standards as follows.
16.20.615 TRMT building walls and modulation.
All buildings which contain two stories or have a building footprint of more than 10,000 square feet
or which have facade length greater that 100 feet and which are visible from a public street or
located within 100 feet of a residential zone shall use the following element and features in design
and construction of the building:
(1) No wall plane visible from any public right-of-way shall be wider than 2.5 times the
height of the wall plane (a wall plane is a 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).
(2) Any wall or portion of a wall which is visible from a public street must contain 50
percent surface transparency. When transparency less than 50 percent of any wall at least 400
square feet of surface area and which is visible from a public street is not compatible with the
overall building design or concept it may be screened or treated, at the Planning Director's
discretion, using at least two of the following methods or techniques:
(a) Installation of a vertical trellis with climbing vines or plant material in front
of the blank wall;
(b) Provide a landscaped strip at least 10 feet in width in front of the black wall
that is planted with plant materials which will obscure or screen at least 50% of the blank wall
within three years;
(c) Use of alternate building materials or wall textures in the exterior treatment
of the blank wall; or
(d) Use of functional or nonfunctional architectural features such as windows,
door, pillars, columns, awnings, roofs, etc., which cover at least 25 percent of the wall surface.
(3) All building walls shall provide horizontal modulation consistent with the following
standards:
(a) The maximum allowable horizontal length of a building wall between
modulations is 100 feet;
(b) The minimum depth of each modulation is 10 feet; and
(c) The minimum width of each modulation is 15 feet.
(d) As an alternative treatment, horizontal modulation may be provided by
installation of one stand of trees for each required modulation, located within 20 feet of that portion
of the building wall requiring modulation.
(e) Each stand of trees must have a canopy of at least 1,000 square feet (as
measured in frontal view rather that top view) and may include existing trees or planted trees
arranged as a massing. The stand of trees shall provide year-round screening through a combination
of evergreen and not more that 25 percent deciduous trees and may include existing trees, or planted
trees. Stands of trees intended to meet modulation requirements shall be in addition to required
perimeter landscaping.
[C3y
16.20.616 TRMT roofline modulation.
For buildings with flat, gabled, hipped, or similar roofs, with sloped of less than three feet vertical
to 12 feet horizontal, the maximum length of any continuous roofline is 50 ft., without being
modulated. If the continuous roofline exceeds 50 feet in length, the following methods must be
used:
(1) The height of the visible roofline must change at least four feet if the adjacent roof
segments are less than 50 feet in length.
(2) The height of the visible roofline must change at least eight feet if the adjacent roof
segments are 50 feet or more in length.
(3) The length of a sloped or gabled roofline must be a least 20 feet, with a minimum
slope of three feet vertical to 12 feet horizontal.
(4) Buildings with other roof forms, such as arched, gabled, vaulted, dormered or saw -
tooth must have a significant change in slope or roof line at least every 100 feet.
(5) The roofline at the top of the structure shall not run in a continuous plane for more
than 100' without offsetting or jogging the roof plane.
(6) Nearly vertical roofs (A -frames) and mansard roofs used on portion of building
perimeter only are prohibited. Mansard roofs, if used, shall completely wrap around the entire
building perimeter.
(7) All roof equipment shall be screened from public view. Mechanical equipment
should be located below the highest vertical element.
(8) The following roof materials are not acceptable: corrugated metal; high contrast or
brightly colored glazed tile; highly reflective surfaces; and illuminated roofing.
(9) Dormers, whenever appropriate, are encouraged as they add character, break up
building roof mass, and are an additional source of natural light.
(10) Roofing materials that are the most appropriate to achieve community character on
Tremont Street are heavy wood shingles and terra cotta tile. Concrete roof tile composed of neutral
colors is also acceptable.
16.20.617 TRMT windows and awnings.
(1) Large, continuous expanses of glass shall provide detailing to create an urban
character such as subdivided by mullions, panes, or decorative millwork.
(2) Horizontal repetition of single windows over long distances is to be avoided.
(3) To maintain a distinction between upper and lower floors, the ground level facade
shall have larger patterns of glass than the upper.
(4) The use of bay, bow and box windows is encouraged.
(5) Tinted glass may be used to reduce solar gain; however, deeply tinted glass which
stops interior views is to be avoided. Highly reflective glass is not acceptable.
(6) Window frames may be constructed of materials including steel, anodized
aluminum, wood, wood and metal and vinyl -covered wood; however, the materials and finish of the
frame should be appropriate to the overall building character. Silver, gold and other bright colored
frames should be avoided in favor of natural colors.
(7) Window awnings along a row of contiguous buildings shall be restricted to the same
form and color. Awnings shall maintain an eight foot minimum vertical clearance. Plexiglas, metal,
and glossy vinyl illuminated awnings are prohibited. Canvas, treated canvas, matte finish vinyl, and
fabric awnings are encouraged.
16.20.618 TRMT Building Design.
(1) Whenever feasible, multiple -tenant office buildings shall be clustered and designed
with common materials, colors and styles across their entire facades so as to create cohesive
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building designs. However, they can be characterized by variation in the application of said
materials and colors and also in fenestration details. For example, siding materials or colors may be
alternated between building sections; provided, that no single section be of a material or color that is
not found on other portions or elements of the facade design. Accent siding materials and
prominent siding materials may also be reversed to create interest. Tenant -specific motifs are
prohibited if they do not reflect the style, colors and materials that characterize the overall facade
design. For purposes of this section, a single building is defined as any structure that is not
completely separated from another structure by at least a 10-foot distance.
(2) Common materials, colors and styles are encouraged for multiple buildings on a
single site; however each building shall be unique in terms of its general massing design and
fenestration design. Variety in design may be achieved by variation in each building's footprint,
rooflines, facade modulation, and window arrangement. Color and materials may also be varied.
(3) "Big box" or structures intended to be constructed in a similar manner must show
one or more of the following elements in an effort to reduce the appearance of excess bulk in large
buildings:
(a) Variety in surface planes of exterior walls in depth or direction;
(b) Variety of the height of the building so it appears to be divided into separate
distinct sections;
(c) Articulate different parts of the buildings facade by use of color, change in
materials, and arrangement of elements;
(d) Use of landscape and pavement materials at ground level to encourage the
transition from building to parking areas;
(e) Use of building trellises, wall articulation, change in materials, arcades, or
other features.
(4) To enhance the pedestrian scale of any new development or redevelopment,
buildings must:
(a) Provide project -appropriate details including window patterns, structural
bays, roof overhangs, siding, awnings, moldings, fixtures, and other details.
(b) Show a relationship to adjacent pedestrian areas (i.e. plazas, courtyards, street
sidewalks) and other buildings.
(c) Create transitions in bulk and scale between large buildings and adjacent
smaller buildings through the use of appropriately scaled landscaping, fencing, art or other
structures.
(d) Provide overhead weather protection and interior lot pedestrian -oriented
lighting.
(e) Public sidewalks shall be separated from the public roadway through use of
landscape planting strips, parking bulb -outs and street furnishings where appropriate.
(f) Pedestrian walkways internal to the site shall be a minimum of 10 feet in
width.
(g) At least one building entrance shall face each public street frontage. Directly
linking pedestrian access shall be provided between the street right-of-way and each building
entrance.
16.20.619 TRMT siding materials.
(1) Acceptable siding materials include brick, stone, split -face cement block, shingles,
and horizontal lap siding. Other materials may also be used if -
(a) They are used as accent materials in conjunction with acceptable siding
materials; or
.St
(b) Singular materials are characterized by details or variations in the finish that
create a regular pattern of shapes, indentations, or spaces that are accented or highlighted with
contrasting shades of color.
(2) All building sides that are painted shall use what is commonly known as "earth tone
colors". "Earth tone" colors include, but are not limited to the following palette: almond, bluegrass,
brick, cedar beige, chamois, cobblestone, cordovan, cream, driftwood gray, gray, Monterey Pine,
rose quartz, silver gray beige and topaz.
16.20.620 TRMT landscape standards.
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
16.50.230 — .239.
16.20.627 TRMT utilities.
Underground utilities shall be installed for all new development.
16.20.628 TRMT parking and circulation standards.
The general parking standards set forth in POMC Chapter 16.45 shall apply unless a more
restrictive provision is set forth in the TRMT specific parking standards set forth in 16.45.200 -.240.
16.20.633 TRMT signs.
All signs within the Tremont Street Corridor Overlay District shall be of monument type; pole
signs are prohibited. All other applicable conditions of Chapter 16.65 shall govern the placement of
signs within the TRMT.
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16-102
16.20.700 View Protection Overlay District (VPOD).
(1) Boundaries. The View Protection Overlay District boundaries are as shown on the
map attached as Appendix A to Ordinance No. 1785.
(2) Purposes. The adoption of scenic resource protection is intended to:
(a) Preserve the aesthetic quality of the community; provide for reasonable
development; protect property values; promote or preserve reasonable open space, light, air, and
habitat; and otherwise preserve and protect the general health, safety and welfare of the community.
(b) Recognize the importance of scenic resources, views, air, habitat, and
sunlight to properties within the City of Port Orchard.
(c) Trees, whether growing singly, in clusters or in woodland settings, provide a
wide variety of significant psychological and tangible benefits for both residents and visitors. Trees
contribute to the natural environment by modifying temperatures and winds, replenishing oxygen to
the atmosphere and water to the soil, controlling soil erosion, and providing wildlife habitat. Trees
contribute to the visual environment by providing scale, color, silhouette and mass, by creating
visual screens and buffers to separate structures, and by promoting individual privacy. Trees
contribute to the economic environment of the City by stabilizing property values and reducing the
need for surface drainage systems. Trees contribute to the cultural environment by becoming living
landmarks of the City's history and providing a critical element of nature in the midst of urban
development.
(d) Views produce a variety of significant and tangible benefits for both residents
and visitors to the City. Views contribute to the economic environment by substantially enhancing
property values. Views contribute to the visual environment by providing inspiring panoramic
vistas. Views of attractive subjects with significant horizontal expanse add substantial value to real
property. Such views are considered significant in adding to the value of real property by the Kitsap
County Assessor. Access to plentiful sunlight enhances livability and promotes the general welfare
of the entire community.
(e) Trees, views, and access to sunlight and air and the benefits to be derived
from each, may come into conflict. Tree planting locations and species selections may produce both
intended beneficial effects on the property where they are planted, and unintended deleterious
effects on neighboring properties. Trees may block light, cause the growth of moss, harbor plant
disease, retard the growth of grass and interfere with the enjoyment of views and sunlight, leading
to the lessening of property values.
(f) It is in the interest of the public welfare, health and safety to establish
standards for light, sun, air, habitat, and scenic resource protection, and the resolution of obstruction
and related complaints.
(g) Provide a fair and structured mechanism for protecting scenic resources, and
for resolving disputes relating to views and sunlight.
(h) Establish supplementary regulations to allow development without
degradation of environmental quality. The View Protection Overlay District designation is intended
to enhance the appearance of Port Orchard to make it a better place to live and work, improve the
economic vitality of the City by enhancing the City's attractiveness to its citizens and visitors, and
to promote site development that is sensitive to vulnerable or fragile environment resources and
conditions, such as air, sunlight, views, and habitat.
16.20.701 VPOD residential building and structure height limitations.
(1) Residential Zoning Districts Permitted Heights. The maximum allowable building
height in residential zoning districts (GB, R4.5, R8, R12, and R20) shall be fifteen feet (15 ft.).
16-103
(2) Measurement. Buildings within the VPOD shall comply with the following height
restrictions:
Building height shall not exceed a measurement of 27 feet from the highest ridge line of the
structure to the elevation of the uphill property line. If the uphill property line is not level,
the City shall use the average elevation of the uphill property line for a basis of
measurement. Variances to this view protection height limit shall be reviewed by the
Hearing Examiner.
(3) Residential Zoning Districts Conditional Heights. Allowable building height may be
increased up to 33 feet under a conditional use permit if, in addition to the requirements of this title,
it is demonstrated that:
(a) The view of adjacent land owners would not be significantly obstructed or
reduced, and solar access of neighboring lots is not significantly reduced. A view shall be
considered significantly obstructed or reduced if 30% or more of the view to any view corridor from
a primary living area is blocked.
(b) The maximum allowable structure height shall be thirty-three feet, provided
the maximum building height is not exceeded.
16.20.702 VPOD commercial building and structure height limitations.
(1) Commercial Zoning Districts Permitted Heights. The maximum allowable building
height in commercial zoning districts (CO, MXD, EO, and CF) shall be twenty-seven feet (27 ft).
(2) Measurement. Buildings within the VPOD shall comply with the following height
restrictions:
Building height shall not exceed a measurement of 15 feet from the highest ridge line of the
structure to the elevation of the uphill property line. If the uphill property line is not level,
the City shall use the average elevation of the uphill property line for a basis of
measurement.
(3) Commercial Zoning Districts Conditional Heights. Allowable building height may
be increased up to 39 feet, to a maximum height of 48 feet, under a conditional use permit if, in
addition to the requirements of this title, it is demonstrated that:
(a) The view of adjacent land owners would not be significantly obstructed or
reduced (A view shall be considered significantly obstructed or reduced if 30% or more of the view
to any view corridor from a primary living area is blocked or, in the case of a commercial structure
from an office or public space).
(b) Fire flow is adequate;
(c) No unstable slopes or soils are on the building site, and
(d) Solar access of neighboring lots is not significantly reduced.
16.20.703 VPOD additional height incentive.
If necessary to increase a view corridor or reduce the horizontal view obstruction of an adjoining
property, the City may permit the maximum allowable building height in any underlying zoning
district to be exceeded by one foot (1 ft.) in height for every additional three feet (3 ft.) in additional
open lot width above the minimum open lot width required in Section 16.20.704 herein, up to a
maximum of nine (9) additional feet in height.
16.20.704 VPOD minimum lot width open to view.
(1) In all residential zoning districts, all buildings and structures within the View
Protection Overlay District shall be designed and constructed in such a manner that each floor
maintains a minimum of twenty percent (20%) of the width of the lot open to horizontal view.
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(2) In all zoning districts, no structure shall extend for more than one hundred feet (100
ft.) at any floor without being interrupted by a space at least ten feet (10 ft.) in width that is open to
view.
16.20.705 VPOD maximum building coverage.
In all portions of the View Protection Overlay District, site coverage shall be as provided in Table 9,
"Densities and Dimensions", POMC 16.40.025. In addition to said requirements, maximum
building coverages are hereby established, as follows:
Underlying Zone
Maximum Building Coverage
GB —
Green Belt
15%
R 4.5
— Residential
40%
R 8 —
Residential
45%
R 12
— Residential
50%
R 20
— Residential
55%
CO —
Commercial
85%
MXD — Mixed Use
85%
EO —
Employment/Office
85%
CIF —
Community Facilities
85%
16.20.706 VPOD trees and foliage - types and height.
In any View Protection Overlay District, the height of all trees planted in conjunction with new
construction or an addition in excess of one hundred square feet (100 sf) shall be coordinated with
view corridors and with the height of adjacent buildings to ensure that views are protected. Tree
and foliage planting shall be limited to the species of small and medium deciduous trees, deciduous
shrubs, evergreen shrubs; and ground covers listed in Table 11, "Suggested Landscape Materials",
POMC 16.50.297.
16.20.707 Trees - unreasonable obstruction prohibited --nuisance.
No person or party shall plant, maintain or allow to grow any tree or foliage which will or does
unreasonably obstruct a view from, or sunlight reaching, the primary living or entertainment area of
any other parcel of property within a City of Port Orchard View Protection Overlay District. The
unreasonable obstruction of views or sunlight by uncontrolled growth or maintenance of trees in
violation of this chapter constitutes a private nuisance subject to private redress through mediation,
arbitration or litigation.
16.20.708 VPOD nuisance abatement process.
The Mayor or his/her designee is authorized to develop administrative guidelines for the abatement
of private view obstruction nuisances, and resolution of view and sunlight obstruction disputes.
16.20.709 VPOD limitation of obligations.
This title shall not apply or be construed to affect obligations imposed by easement, covenants or
agreements.
16.20.710 VPOD application: limitation and exemption.
The VPOD regulations shall not apply to:
(1) Trees located on property owned by the City (not including rights -of -way).
Individuals who are adversely affected by trees located on property owned by the City may
approach the Planning Director for requested relief in accordance with City policy. The potential for
16-105
obstruction of views or substantial obstruction of sunlight shall be considered by the City when
planting trees on property owned by the City.
(2) Trees located within City rights -of -way except as provided by City policy.
(3) Significant Trees as defined in the Port Orchard Municipal Code.
16.20.711 VPOD tree removal on city property.
Except for Significant Trees as defined in the Port Orchard Municipal Code, the City Engineer is
authorized to trim or remove trees from City property or within the City right-of-way when removal
will enhance a view in accordance with City policy.
16.20.712 VPOD exemptions.
(1) It is recognized that due to topography and other conditions, that there may be a
number of parcels or lots within the View Protection Overlay District that do not have views, or if
constructed upon, would not reduce or obstruct a view from an adjoining property.
(2) A property owner may petition the Council to have his property exempted from the
View Protection Overlay District. Upon resolution of the City Council, the Council may exempt a
property from the requirements of this chapter upon the adoption of findings and conclusions by the
City Council, that:
(a) The granting of the exemption would not be detrimental to the public health,
safety, or welfare or create significant adverse effects to other properties and improvements in the
View Protection Overlay District;
(b) The granting of such exemption would be in conformance with the policies
and goals of the Comprehensive Plan;
(c) The view of adjacent property owners would not be obstructed or reduced if
the property to be exempted were developed to maximum height and dimensions allowed by the
underlying zone,
(d) The granting of such exemption would not reduce the solar access of
neighboring lots.
16.20.713 VPOD - variances.
All variances shall be processed in accordance with the provisions of Chapter 16.35 POMC. In
addition to the variance criteria listed in Chapter 16.35, the following criteria must also be met:
(1) The granting of the variance would assure consistency with the limitations upon
other properties in the View Protection Overlay District;
(2) The granting of the variance would not be detrimental to the public health, safety, or
welfare or create significant adverse effects to other properties and improvements in the View
Protection Overlay District;
(3) The existing view of adjacent property owners would not be obstructed or reduced
by more than ten (10) percent horizontal; and
(4) The granting of such variance would not reduce the solar access of neighboring lots.
16-106
Chapter 16.25
REZONING
Sections:
16.25.010
Purpose.
16.25.020
Who may apply.
16.25.030
Reclassification — initiation.
16.25.040
Procedure.
16.25.050
Application.
16.25.060
Decision criteria.
16.25.070
Map change.
16.25.080
Development agreement.
16.25.090
Time limitation.
16.25.010 Purpose.
This chapter establishes the procedure and criteria that the City will use in making a decision upon
an application for a reclassification of property from one land use zone to another land use zone or
for any change in the conditions imposed or in the terms of a concomitant agreement executed as
part of a reclassification.
16.25.020 Who may apply.
The property owner or the City may apply for a reclassification of property.
16.25.030 Reclassification — initiation.
(1) The City Council, the mayor, or the planning commission may direct the Planning
Director to prepare an application for a reclassification. The Planning Director is authorized to
initiate an application for a reclassification. The Planning 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 Chapter 16.04.
(2) The Planning Director shall docket and process each application as provided herein.
16.25.040 Procedure.
The City will process an application for a reclassification of property under POMC Chapter 16.06.
16.25.050 Application.
Application for a reclassification of property(ies) shall be made on forms prescribed by the City,
and shall be accompanied by the following information; provided, that the Planning Director may
waive any of these items upon request by the applicant and a finding that the item is not necessary
to analyze the application:
(1) A site plan of the property, drawn to scale, showing existing natural features,
existing and proposed grades, existing and proposed utility improvements, existing and proposed
rights -of -way and improvements, and existing and proposed structures and other improvements, and
particularly identifying the location of parking for the proposed use; this site plan shall also show
structures, other improvements and natural features that are located within 50 feet of the project site
and any critical areas and their buffers; this information may be shown on several sheets if needed
for readability;
(2) A vicinity map, showing the location of the site in relation to nearby streets and
properties;
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(3) A summary table of project statistics, including site area, building coverage,
coverage by impervious surface, required and proposed parking, and similar data, as required, to
evaluate conformance of the proposed project with City regulations;
(4) A written statement addressing the decision criteria;
(5) A legal description of the property, including parcel number;
(6) A statement to the effect that the applicant or applicants are the sole owners of the
property;
(7) Photographs of the site;
(8) A completed SEPA checklist unless the project is categorically exempt from SEPA
review;
(9) A list of other permits that are or may be required for development of the property
(issued by the City or by other government agencies), insofar as they are known to the applicant;
(10) A list of other City permits that are to be processed concurrently with this permit;
(11) Payment of a fee as required by resolution of the City Council.
16.25.060 Decision criteria.
The City Council may approve, approve with modifications, or deny an application for a
reclassification of property if:
(1) The reclassification is substantially related to the public health, safety, or welfare;
and
(2) The reclassification is warranted because of changed circumstances or because of a
need for additional property in the proposed land use zone classification or because the proposed
zoning classification is appropriate for reasonable development of the subject property; and
(3) The subject property is suitable for development in general conformance with zoning
standards under the proposed zoning classification; and
(4) The reclassification will not be materially detrimental to uses or property in the
immediate vicinity of the subject property or incompatible with such uses; and
(5) The reclassification has merit and value for the community as a whole; and
(6) The reclassification is in accord with the comprehensive plan; and
(7) The reclassification complies with all other applicable criteria and standards of the
Port Orchard Municipal Code.
16.25.070 Map change.
Following approval of a reclassification of property, the City shall amend the zoning map of the
City to reflect the change in land use zone. The City shall also indicate on the zoning map the
number of the ordinance adopting the change
16.25.080 Development agreement.
The City may require that the applicant enter into a development agreement as authorized by RCW
36.7013.170 with the City as a condition of the reclassification, and may through that agreement
impose development conditions designed to mitigate potential impacts of the reclassification and
development pursuant thereto.
16.25.090 Time limitation.
The City may, in the ordinance approving the reclassification, establish a reasonable time within
which development of the subject property must begin. If the City has established such a time
limitation, the reclassification may be revoked upon application of the City for reclassification if the
applicant has not applied for a building permit or other necessary development permit and
completed substantial construction by the specified date.
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Chapter 16.30
GENERAL LAND USE REQUIREMENTS - TABLES
Sections:
16.30.010
Establishment of uses.
16.30.020
Interpretation of land use tables.
16.30.030
Land Use Table 1
— Government/Business Services.
16.30.040
Land Use 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.
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16.30.030 Land Use Table
Table 1
Government/Business Services Land Uses
(p = permitted, c = conditional)
Greenbelt including conservation and open space
Residential — 4.5 units/gross useable acre
Residential — 8.0 units/gross useable acre
Residential — 12.0 units/gross useable acre
Residential — 20 units/gross useable acre
Commercial — retail and office
Mixed use district
Employment — industrial/office
Community facilities
Gb R4.5 R8 R12 R20 Co Mxd EO Cf
Government services
Public agency office
c
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
c
c
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
4222 Farm product refrigeration and
storage
p
Log storage
44 Water transportation of passengers
p8
p8
p8
p8
47 Transportation service
p3
p3
p
48 Communication offices
p3
p3
p
General business service
p
p
p
Professional office
p
p
p
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7312 Outdoor advertising service I I I I I p3 p
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
Residential — 20.0 units/net useable acre
Commercial — retail and office
I I Mixed use district
I I Employment —
industrial/office
Community
facilities
I I I I I I I I I
Gb R4.5 R8 R12 R20 Co Mxd EO Cf
735 Miscellaneous equipment rental
c
751 Automotive rental and leasing
752 Automotive parking
c
c
c
c
7941 Professionalsport teams/promoters
p3
p3
p3
873 Research, development and testing
1
PI
Heavy equipment and truck repair
Commercial/industrial accessory uses
p6
p6
Helipad
c
c
c
p7
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.
Only SIC industry number 8732 and 8734 — Commercial economic, sociological and education research.
Subject to conditional approval when the tower or antenna support will exceed the height limits of the underlying zone.
Limited to office use.
Limited to SIC industry number 4215-Courier Services, except by air.
Accessory to a multi -family 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 multi -family 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.
i 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.
16-111
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.
Limited to emergency medical evacuation sites in conjunction with police, fire, health, or public service facility.
Subject to conditional approval when additional parking is required.
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.
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.
Limited to emergency medical evacuation sites in conjunction with police, fire, health, or public service facility.
Subject to conditional approval when additional parking is required.
16-112
16.30.040 Land Use Table
Table 2
General Services Land Uses
(p = permitted, c = conditional)
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
Residential — 20.0 units/net useable acre
Commercial — retail and office
Mixed use district
Employment — industrial/office
Community facilities
Gb R4.5 R8 R12 R20 Co Mxd EO Cf
Personal services
72 General personal services
p
p
c
7216 Dry cleaning plants
p
7218 Industrial launderers
p
7261 Funeral home/crematory
c
c
c
c
c
p3
Cemetery, columbarium or mausoleum
p
Day care
p
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
p2
p
p2
Stable
c
c
Kennel or cattery
c
c
c
866 Churches, synagogue, temple
c
c
c
c
p
Health services
801-04 Office/patient clinic
p
p
p
805 Nursing and personal care facilities
p
p
p
806 Hospital
p
807 Medical/dental lab
p
p
p
p
808-09 Miscellaneous health
p
p
p
Education services
Elementary or middle/junior high c c c c p
16-113
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
Residential — 20 units/net useable acre
Commercial — retail and office
Mixed use district
Employment — industrial/office
Community facilities
Gb R4.5 R8 R12 R20 Co Mxd EO Cf
Secondary or high school
c
c
c
c
Vocational school
c
c
c
c
Private school
c
c
c
c
Specialized instruction school
c
c
c
c
p
p
School district support facility
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.
Except SIC Industry group number 7534-Tire retreading, see manufacturing table.
Except SIC Industry group numbers 835-Daycare and 836-Residential care — see residential land use table.
Only as an accessory to a cemetery.
No burning of refuse or dead animals is allowed.
If less than or equal to 6 children, the use is permitted. Otherwise a conditional use permit is required.
16-114
16.30.050 Land Use Tables
Table 3
Manufacturing Land Uses
(p = permitted, c = conditional)
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
Residential — 20.0 units/net useable acre
Commercial — retail and office
Mixed use district
Employment — industrial/office
Community facilities
Gb R4.5 R8 R12 R20 Co Mxd EO Cf
Manufacturing land uses
20 Food processing and kindred products
c 1
c 1
p2,4
p2,4
p2
2082/5 Winery/brewery
c
c
c
c
p
22 Textile mill products
c
23 Apparel and other textile products
c
c
p
24 Wood products except furniture
c3
c3
p
25 Furniture and fixtures
p4
p4
p
26 Paper and allied products
c
27 Printing and publishing
c
c
c
c
p
p
p
28 Chemicals and allied products
c
29 Petroleum refining and related products
c
30 Rubber and misc. plastics
c
31 Leather and leather goods
p4
p4
c
32 Stone, clay, glass and concrete 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
36 Electronic and other electric equipment
c
c
p
374 Railroad equipment
c
376 Guided missile and space vehicle parts
p
379 Miscellaneous transportation vehicles
p
38 Measuring and controlling instruments
p
p
p
16-115
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
Residential — 20 units/net useable acre
Commercial — retail and office
Mixed use district
Employment — industrial/office
Community facilities
Gb R4.5 R8 R12 R20 Co Mxd EO Cf
39 Miscellaneous light manufacturing
c4
c4
Motor vehicle and bicycle manufacturing
c4
c4
Aircraft, ship and boat building
c4
c4
7534 Tire re -treading
c
781-82 Movieproduction/distribution
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.
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.
Except slaughterhouses.
Limited to uses found in SIC industry groups 2434-Wood kitchen cabinets and 243 1 -Millwork (excluding planning mills).
Permitted if within enclosed buildings and as an accessory use to retail sales.
16-116
16.30.060 Land Use Table
Table 4
Recreational/cultural land uses
(p = permitted, c = conditional)
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
Residential — 20.0 units/net useable acre
Commercial — retail and office
Mixed use district
Employment — industrial/office
Community facilities
Gb R4.5 R8 R12 R20 Co Mxd EO Cf
Park and recreation
Park
c
c
c
c
c
c
c
c
pl
Trail
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
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
i
c3
Amusement arcades
p
I p
c
p
Cultural
823 Library
p5
p5
p5
p5
p
p
c
p
841 Museum
p5
p5
p5
p5
p
p
c
p
842 Arboretum
c
p
p
c
p
Conference center
c
p
p
c
p
16-117
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.
16-118
16.30.070 Land Use Table
Table 5
Regional Land Uses
(p = permitted, c = conditional)
Greenbelt including conservation and open space
Residential — 4.5 units/gross useable acre
Residential — 8.0 units/gross useable acre
Residential — 12.0 units/gross useable acre
Residential — 20.0 units/gross useable acre
Commercial — retail and office
Mixed use district
Employment — industrial/office
Public facilities
Gb R4.5 R8 R12 R20 Co Mxd EO Pf
Re ional land uses
Jail
c
Work release facility
c
Public agency animal control facility
c
c
Public agency training facility
c
c
Hydroelectric generation facility
c
Non -hydroelectric generation facility
c
c
c
c
c
c
c
c
c
Major communication facility
c
c
c
c
c
c
c
c
c
Earth station major
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
c 1
CI
16-119
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.
16-120
16.30.080 Land Use Table
Table 6
Residential Land Uses
(p = permitted, c = conditional)
Greenbelt including conservation and open space
Residential — 4.5 units/gross useable acre
Residential — 8.0 units/gross useable acre
Residential — 12.0 units/gross useable acre
Residential — 20.0 units/gross useable acre
Commercial — retail and office
Mixed use district
Employment — industrial/office
Public facilities
Gb R4.5 R8 R12 R20 Co Mxd EO Pf
Dwelling units
Single family detached
p
p
p
p
p
Single family attached
p
p
p
p
Multifamily
p
p
p
Houseboat
c
c
c
c
Group residences
Senior citizen assisted
c
p
p
p
c
c
Community residential facility-CRF
c
c
c
c
c
CRF-prisoner release
c
c
Dormitory
c2
Accessory uses
Residential living quarters
c3
c3
c3
p
c3
p
Home (cottage) industry
c
c
c
c4
c
Home occupation
p
c
c
c4
p
Home profession
p
p
p
p
p
p
Temporary lodging
7011 Hotel/motel
PI
CI
Bed and breakfast
c
c
c
c
c
p
7041 Organization hotel/lodging houses
-4p
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.
Except bed and breakfast.
Only as an accessory to a school, college/university, church or conference center.
16-121
Accessory dwelling units:
a: Only one accessory dwelling per lot;
b: The primary residence or the accessory dwelling unit shall be owner occupied;
c: On additional off-street parking space is provided; and
1: The accessory dwelling units shall be converted to another permitted use or shall be removed if at least one of the units ceases to be owner
occupied.
No customers are allowed on site.
16-122
16.30.090 Land Use Table
Table 7
Resource Land Uses
(p = permitted, c = conditional)
A riculture
Fi
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
Residential — 20.0 units/net useable acre
Commercial — retail and office
Mixed use district
Employment — industrial/office
Community facilities
Gb R4.5 R8 R12 R20 Co Mxd EO Cf
01 Growing and harvesting crops
p6
c
c
c
181 Greenhouses and nurseries
c
c5
c5
c5
02 Raising livestock and small animals
p7
c
c
c
westry
08 Growing & harvesting forest products p
Forest research p p2 p2 p2
sh and wildlife management
921 Hatchery/fish preserve p 1
273 Aquaculture p 1
Wildlife shelters p c3
Mineral
10-13 Mineral extraction
14 Mining and quarrying c
32 Processing of minerals c4 c4 c
2951 Asphalt paving mixtures and blocks c p
Resource accessory uses
Resource accessory uses c
Note: All applicable requirements of this document, or other applicable state or federal requirements, shall govern a use located within the Port Orchard incorporated area in
addition to those described in the notes following.
May be further subject to the provisions of the Shoreline Management Program.
Only forest research conducted within an enclosed building.
Only within an approved enclosed or contained facility subject to appropriate county and state requirements.
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Only artisan type activities, such as pottery or glass blowing, which are a secondary or accessory use to a retail activity.
As a secondary or accessory use to a residential activity without retail sales, where larger than 200 square feet.
May be further subject to the provisions of EPA and DOE in regard to the use of fertilizers, pesticides, and other chemicals.
May be further subject to the provisions of EPA and Doe in regard to the buffering of streams, wetlands, and other freshwater corridors.
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16.30.100 Land Use Table
Table 8
Retail Land Uses
(p = permitted, c = conditional)
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
Residential — 20.0 units/net useable acre
Commercial — retail and office
Mixed use district
Employment — industrial/office
Community facilities
Gb R4.5 R8 R12 R20 Co Mxd Eu Cf
Retail land uses
5271 Mobile home sales
c
p
Building, hardware and garden materials
p
p 1
p
Forest products sales
c
p
Department and variety stores
p
p
54 Food stores
p
p
p2
Agricultural crop sales
c3
c3
Motor vehicle dealers
p
c
p
553 Auto supply store
p4
p4
p
554 Gasoline service station
p
c
p
555 Boat dealers
p
c
p
56 Apparel and accessory stores
p6
p6
Furniture and home furnishing stores
p
p
58 Eating and drinking places
p5
p5
c2,5
Adult entertainment facilities
p6
Drug stores
p
p
c2
592 Liquor stores
p
p
593 Used goods: antiques/secondhand shops
p
p
594 Miscellaneous shopping goods
p
p
Book, stationery, video and art supply
p6
p6
Monuments, tombstones and gravestones
p
p
Bulk retail
p
c
Auction houses
c
c
c
598 Fuel dealers
p7
p7
p
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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
Residential — 20 units/net useable acre
Commercial — retail and office
Mixed use district
Employment — industrial/office
Community facilities
Gb R4.5 R8 R12 R20 Co Mxd EO Cf
Pet shop 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 requirements, shall govern a use located within the Port Orchard incorporated area in
addition to those described in the notes following.
1: Only hardware and garden materials shall be permitted.
2: Limited to 25% of gross floor area up to 4,000 square feet.
3: a: Limited to products grown on -site; and
b: Covered sales area shall not exceed 1,000 square feet.
4: Only the sale of new or reconditioned automobile supplies is permitted.
5: Excluding SIC industry number 5 813 -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.
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Chapter 16.35
CONDITIONAL USES, NONCONFORMING USES, TEMPORARY USES AND
VARIANCE
Sections
16.35.010
Conditional uses.
16.35.030
Nonconforming uses — applicability.
16.35.040
Nonconforming uses — determining status.
16.35.050
Nonconforming lots.
16.35.060
Continuation and maintenance of nonconformance.
16.35.070
Discontinued nonconforming use or structure.
16.35.080
Repair or reconstruction of nonconforming structure.
16.35.090
Alteration of nonconforming structure.
16.35.100
Nonconformance — expansion of nonconformance.
16.35.110
Temporary uses.
16.35.120
Temporary uses requiring permits.
16.35.130
Additional permit requirements.
16.35.140
Temporary uses exempt from permit requirements.
16.35.150
Variances.
16.35.010 Conditional uses.
(1) Purpose. The purpose of this section is to allow certain specified uses, which are
deemed necessary to the public convenience but are found to possess characteristics which make
impractical such uses being identified exclusively with any particular zone classification as herein
defined. Conditional uses by zoning district are shown in Land Use Tables 1- 8 set forth in POMC
Sections 16.30.030 — 16.30.100.
(2) Permit Required. The conditional use permit is a mechanism by which the City may
require special conditions on development or on the use of land in order to insure that designated
uses or activities are compatible with other uses in the same land use district and in the vicinity of
the subject property.
(3) Criteria. A conditional use permit shall be granted only if the applicant demonstrates
that the use:
(a) Will be designed in a manner which is compatible with the character and
appearance with the existing, or proposed development in the vicinity of the subject property;
(b) Will not hinder neighborhood circulation or discourage the permitted
development or use of neighboring properties due to the location, size, and height of buildings,
structures, walls and fences, and screening vegetation of the proposed conditional use;
(c) Will be designed in a manner that is compatible with the physical
characteristics of the subject property;
(d) Will mitigate impacts in a manner equal to or greater than the standards of
this code;
(e) Will not conflict with the health and safety of the community;
(f) Will not create pedestrian and vehicular traffic that will be hazardous or
conflict with existing and anticipated traffic in the neighborhood; and
(g) Will provide adequate public facilities or services and will not adversely
affect public services to the surrounding area or conditions can be established to mitigate adverse
impacts on such facilities.
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16.35.030 Nonconforming uses - applicability.
(1) All nonconforming uses, lots and structures shall be subject to the provisions of this
chapter.
(2) Any use, structure or other site improvement not established in compliance with use
and development standards in effect at the time of establishment shall be deemed illegal and shall
be discontinued or terminated and subject to removal pursuant to the provisions of the Port Orchard
Municipal Code.
(3) The provisions of this chapter do not supersede or relieve a property owner from
compliance with:
(a) The requirements of the International Building and Fire Codes, and other
superseding regulations such as SEPA and the Shoreline Master Program.
(b) The provisions of this code beyond the specific nonconformance addressed
by this chapter.
(c) Protecting the general health, safety, and welfare of the public.
16.35.040 Nonconforming uses - determining status.
(1) Sites previously receiving land use approval (including Kitsap County actions on
annexed lands) defined as home occupations, special use permits, variances and reclassifications
and all previously permitted commercial developments are legal uses as defined within their
approval; they are not considered nonconforming.
(2) Any use, structure or other improvement, such as landscaping or signage, or
development standard which was legally established prior to December 28, 1998, but not included
in the previous paragraph, shall be considered nonconforming if -
(a) The use is now not permitted or cannot meet use limitations applicable to the
zone in which it is located, or
(b) The use does not comply with the density, dimensions, landscaping, parking,
sign or residential design standards of this title.
(3) A change in the required permit review process shall not create a nonconformance.
(4) Any nonconformance that is brought into conformance for any period of time shall
forfeit status as a nonconformance.
16.35.050 Nonconforming lots.
(1) To qualify as a non -conforming lot, the lot at issue must have lawfully existed in
separate ownership as of August 28, 1972.
(2) In any residential district, notwithstanding limitations imposed by other provisions of
this code, a single family dwelling and customary accessory buildings may be erected on any single
lot of record in existence at the time of adoption of the City's first Zoning Code (Ordinance No. 899
— August 28, 1972). Such lot must be in a separate ownership. This provision shall apply even
though such lot fails to meet the area requirements that are applicable in this district.
(3) If 2 or more lots or portions of lots with contiguous road frontage were of single
ownership at the time of passage of the City's first Zoning Code (Ordinance No. 899 — August 28,
1972) and if all or part of the lots do not meet the requirements of density as established by this
code, the land involved can be divided only into as many tracts as the density will permit.
16.35.060 Continuation and maintenance of nonconformance.
Any nonconformance may be continued or physically maintained as provided by this chapter.
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16.35.070 Discontinued nonconforming use or structure.
(1) Any nonconforming use that ceases for any reason for a period of 6 consecutive
months or for 18 months within any three year period shall be deemed abandoned and shall not be
reestablished. The only permitted exception is when the building or business is visibly being sold.
(2) When a nonconforming use of a structure or structure and premises in combination is
discontinued, abandoned, or vacated for 6 consecutive months, the structure, or structure and
premises in combination shall not thereafter be used except in conformance with the regulations of
the district in which it is located.
16.35.080 Repair or reconstruction of nonconforming structure.
A damaged or destroyed nonconforming structure, so long as not self-inflicted, may be repaired or
reconstructed provided that:
(1) The extent of the previously existing nonconformance is not increased.
(2) The building permit application for repair or reconstruction is submitted within 12
months of the occurrence of damage or destruction.
16.35.090 Alteration of nonconforming structure.
Alterations to a nonconforming structure may be permitted, provided the alteration does not
increase the area, height or degree of an existing nonconformity. Additions to nonconforming
buildings may be made provided that the addition conforms to the provisions of this code.
Otherwise a conditional use permit must be sought as defined in POMC 16.35.010.
16.35.100 Nonconformance - expansion of nonconformance.
Any legal nonconforming use may expand one time only by a maximum of 25% of the Kitsap
County Assessor's Office assessed value of the land and improvements subject to approval of a
conditional use permit, provided:
(1) The proposal complies with the development standards of this code to the extent
feasible.
(2) Approval of such proposal shall be based on a finding that the expansion:
(a) Is not detrimental to adjacent uses, and
(b) Improves aspects of safety or function of the nonconformance.
(3) Expansions involving environmentally sensitive areas shall be subject to the
provisions of this code.
16.35.110 Temporary uses.
A temporary use is a use established for a limited duration with the intent to discontinue such use
upon the expiration of the time period. In order to regulate such uses by their scope and period of
use, a permit is required for the establishment of temporary uses that are not otherwise permitted in
a zone. Denials may be appealed to the City Council.
16.35.120 Temporary uses requiring permits.
The following categories identify temporary uses that are permitted uses subject to securing a
permit from the Planning Director.
(1) Uses not otherwise permitted in the zone that can be made compatible for periods of
limited duration and/or frequency, such as a seasonal event like a produce or farm market stand that
extends beyond 30 days duration.
(2) Limited expansion of any use that is otherwise allowed in the zone but which
exceeds the intended scope of the original land use approval - such as a special event like a tent
sales or revival annex.
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(3) Temporary construction residence as a temporary dwelling for the property owners
provided that:
(a) A building permit application for a permanent dwelling on the site has been
submitted.
(b) The temporary residence must be of minimum impact to the neighborhood.
(c) The temporary residence has adequate sanitary sewer and water provisions.
(d) The temporary residence permit shall be effective for a period of 12 months.
The permit may be extended for 1 additional period of six (6) months if the permanent dwelling is
constructed with a finished exterior by the end of the initial approval period.
(e) The construction residence shall be removed within 90 days of the expiration
of the temporary construction residence permit, or the issuance of a certificate of occupancy for the
permanent residence, whichever occurs first.
16.35.130 Additional permit requirements.
(1) Temporary use permits shall be limited in duration and frequency as follows:
(a) The temporary use permit shall be effective for 180 days from issuance.
(b) The temporary use permit shall specify a date upon which the use shall be
terminated and removed.
(2) Parking and access for proposed temporary uses shall be approved by the City
Engineer.
(3) The applicant for a proposed temporary use shall provide any parking or traffic
control attendants as specified by the City Engineer.
16.35.140 Temporary uses exempt from permit requirements.
(1) The following uses shall be exempt from requirements for a temporary use permit
when located in the Commercial (Co), Mixed use (Mxd), Employment (Eo), and Community
facilities (Cf) zones for the time period specified below:
(a) Seasonal uses not to exceed a total of 30 days each calendar year, such as
Christmas tree lots and produce stands.
(b) A special event not to exceed a total of 14 consecutive days, such as
amusement rides, carnivals, or circuses, community festivals, and parking lot sales.
(2) Any use not exceeding a consecutive total of 3 days for a maximum of 4 events each
calendar year shall be exempt from requirements for a temporary use permit.
(3) Any community event held in a public park or property and not exceeding a period
of 7 days shall be exempt from requirements for a temporary use permit.
(4) Temporary structures for tools storage, equipment, and for supervisory offices may
be permitted for construction projects, provided that such structures are:
(a) Allowed only during periods of active construction.
(b) Removed within 30 days of project completion or cessation of work
(5) One temporary real estate office located on any new residential development
provided that activities are limited to the initial sale or rental of property or units within the
development. The office use shall be discontinued within 30 days of the issuance of a final
certificate of occupancy of the last unit in the development.
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
16-130
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 create 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;
(11) 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.
16-131
Chapter 16.40
COMMON DEVELOPMENT STANDARDS
Sections:
16.40.010
Common development standards.
16.40.020
Interpretation of table.
16.40.025
Table 9 - Density and Dimensions.
16.40.030
Measurement methods.
16.40.040
Calculations — net useable site area.
16.40.050
Calculations - allowable dwelling units.
16.40.060
Density credits.
16.40.070
Lot Area - reduction prohibited.
16.40.080
Setbacks — modifications.
16.40.090
Setbacks - regional utility corridors.
16.40.100
Setbacks — alleys.
16.40.110
Setbacks - adjoining half -street rights -of -way.
16.40.120
Setbacks - projections allowed.
16.40.130
Heights - exceptions to limits.
16.40.010 Common development standards.
The purpose of this chapter is to establish requirements for development in relation to residential
density and basic dimensional standards, as well as, specific rules for general application. The
standards and rules are established to provide flexibility in project design, provide solar access, and
maintain privacy between adjacent uses.
16.40.020 Interpretation of table.
(1) The density and dimension tables are arranged in a matrix format in a separate table.
Development standards are listed down the left side of the table, and the zones are listed at the top.
The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical
numbers in the matrix identify specific requirements applicable to a specific use or zone. A blank
box indicates that the standard does not apply in that situation. If more than 1 standard appears in a
cell, each standard will be subject to any applicable parenthetical footnote following the standard.
See "Densities and Dimensions" Table 9.
(2) Minimum lot sizes must be met as defined in the "Densities and dimensions" table
unless otherwise approved by the City Council within a Planned Residential Development (PRD).
16-132
16.40.025 - Table 9
Densities and Dimensions
(p = permitted, c = conditional)
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
Residential — 20.0 units/net useable acre
Commercial — retail and office
I I I I Mixed use district
Employment — industrial/office
I I I Community facilities
I I I I I I I I I
Gb R4.5 R8 R12 R20 Co Mxd EO Cf
Density (dwelling units/gross useable acres
Maximum density 0.5 4.5 8.0 12.0 20.0 12.0
Minimum lot size (10) (13) (14) 6000 5445 3630 2178
Setback in feet
Street right-of-way (1) (11)
30
15
15
15
15
10
10
30 (12)
15
Side yard
5
5
5
5
5
Rear yard (9)
10
10
10
10
10
Corner lot rear yard
5
5
5
5
5
From adjacent residential zoning (2)
5
5
20
20
From adjacent nonresidential zoning (2) (3)
5
5
5
5
Site coveraEe in percent of net useable acres
Maximum covered surface (4)
15%
45%
75%
85%
85%
85%
95%
85%
95%
Landscaped area — softsca e (5)
85%
55%
25%
15%
15%
15%
5%
15%
5%
Landscaped area — hardscape (6)
15%
5%
15%
5%
BuildinE height in feet
Standard maximum allowed (7)
33
33
33
33
33
33
33
33
33
Within view protection district (8)
15
15
15
15
15
27
27
27
27
Measured from the existing edge of a street right-of-way. Applies to front yards, corner lots, and through lots.
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).
May be zero -lot line if structures meet IBC fire code and emergency access.
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.
Softscape may include perimeter buffers, parking lot plantings, and other landscape w/ soil or other natural surfaces.
Hardscape may include patios, plazas, entryways, and other paved or hard surfaced pedestrian/landscaped areas in lieu of softscape.
16-133
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.
11: 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.
16-134
16.40.030 Measurement methods.
The following provisions shall be used to determine compliance with this title:
(1) Street setbacks shall be measured from the existing edge of public right-of-ways,
improved or unimproved.
(2) Structure height shall be measured from the uphill elevation of the finished grade at
the slab or foundation, whichever is lower, to the highest point on the structure roof. If the uphill
elevation is not level, then the average uphill elevation shall be the measurement basis.
(3) Lot area shall be the total horizontal land area contained within the boundaries of a
lot.
(4) Impervious surface calculations shall not include areas of turf, landscaping, natural
vegetation, or surface water retention/detention facilities.
16.40.040 Calculations — net useable site area.
The area of a lot which may be used in the calculation of allowed dwelling units shall be the total
site area less sensitive environmental features (equal to gross useable site area) and dedications as
these areas are defined elsewhere in this code.
16.40.050 Calculations - allowable dwelling units.
Permitted number of units shall be determined as follows:
(1) The maximum allowed number of dwelling units shall be computed by multiplying
the net useable site area by the applicable residential density.
(2) When calculations result in a fraction, the fraction shall be rounded to the nearest
whole number as follows:
(a) Fractions of 0.50 or above shall be rounded up; and
(b) Fractions below 0.50 shall be rounded down.
16.40.060 Density credits.
Critical areas and their buffers may be used in the calculation of allowed residential density
whenever 2 or more residential lots or 2 or more multifamily dwelling units are created subject to
the following limitations:
(1) Full density credit shall be allowed for erosion and seismic hazard areas. Flood
hazard areas outside of streams, wetlands, or associated buffers shall be counted for full density
credit.
(2) No density credit shall be allowed for streams, lakes, ponds, and other bodies of
water.
(3) Partial to full density credit shall be allowed for steep slopes, landslide hazard areas,
wetlands, and required buffers for any critical area according to the following table:
Percent of site in buffers and/or critical
areas (percent):
Density credit (percent):
1-10
100
11-20
90
21-30
80
31-40
70
41-50
60
51-60
50
61-70
40
71-80
30
16-135
81-90 20
91-99 10
(4) Allowed density on sites containing critical areas shall be calculated as follows:
(a) Determine the percentage of site area in critical areas and buffers by dividing
the total area in required critical areas and buffers by the total site area.
(b) Multiply the density credit percentage set forth in subsection A by the site
area in critical areas and buffers to determine the effective critical area.
(c) Add the effective critical area to the site area not in critical areas or buffers.
The resulting acres shall be considered the effective site area for purposes of determining the
allowable dwelling units pursuant to the zoning regulations.
(d) By way of example, the density credit provisions apply as follows for a 10
acre site under the R8 zone:
(i) The square feet in the site is 435,600 of which ponds include 45,000
square feet, steep slopes include 82,000 square feet, and required wetland buffers include
60,000 square feet.
(ii) Divide the total amount of critical areas and buffers (187,000 square
feet) by the total site (435,600 square feet) equal to 42.9 percent.
(iii) Apply the density credit from the chart (equal to a 60 percent density
credit where the amount of site in a critical area is between 41-50 percent).
(iv) Multiply the steep slopes and required buffers only (142,000 square
feet since no credit is received for ponds) by the density credit of 60 percent equal to 85,200
square feet.
(v) Add the unconstrained site area (248,600 square feet) plus the critical
area density credit (85,200 square feet) to create the effective site area for density
calculations (333,800 square feet).
(vi) Divide the total effective site area by 43,560 square feet to determine
acreage (333,800 square feet/43,560 square feet/acre = 7.6 acres) and multiply by the
density allowed in the R8 zone (7.6 acres x 8 dwelling units/acre) = 60.8 which is rounded
up to 61 dwelling units maximum (note that the maximum density may be reduced by other
provisions of this code).
(5) The density transfer can be utilized only within the development proposal site. The
applicant may cluster and configure the site's development to accommodate the transfer of density
but cannot change the type of uses or housing products allowed within the zone proper.
16.40.070 Lot area - reduction prohibited.
Any portion of a lot that was required to calculate and ensure compliance with the standards and
regulations of this title shall not be subsequently subdivided or segregated from such lot.
16.40.080 Setbacks — modifications.
The following setback modifications are permitted:
(1) When the common property line of 2 lots is covered by a building(s), the setbacks
required by this chapter shall not apply along the common property lines.
(2) When a lot is located between lots with structures having nonconforming street
setbacks, the required street setback for such middle lot may be the average of the 2 nonconforming
setbacks or 60 percent of the required street setback, whichever results in the greater street setback.
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16.40.090 Setbacks - regional utility corridors.
(1) In subdivisions and short subdivisions, areas used as regional utility corridors as
identified in this code shall be contained in separate tracts.
(2) In other types of land development permits, easements shall be used to delineate
such corridors.
(3) All buildings shall maintain a minimum distance of 5 feet from property or easement
lines delineating the boundary of regional utility corridors, except for utility structures necessary to
the operation of the utility corridor and/or as required by the Department of Health.
16.40.100 Setbacks — alleys.
(1) Structures may be built no closer than 15 feet from the center line of an abutting
alley.
(2) Vehicle access points from garages, carports or fenced parking areas shall be setback
a minimum of 10 feet from the alley property line to provide a driving surface.
16.40.110 Setbacks - adjoining half -street rights -of -way.
In addition to providing the standard street setback, a lot adjoining a half -street right-of-way or
designated arterial shall provide an additional width of street setback sufficient to accommodate
construction of the future planned right-of-way.
16.40.120 Setbacks - projections allowed.
Projections complying with the adopted International Building Code may extend into the required
setbacks as follows:
(1) On ground and upper floor uses in all districts and on upper floor uses only in the
Mixed use district (Mxd) in the downtown area - fireplace structures, bay or garden windows,
enclosed stair landings, closets, or similar structures may project into any setback, provided such
projections are:
(a) Limited to 2 per facade;
(b) Not wider than 7 feet; and
(c) Not more than 24 inches into an interior setback or 24 inches into a street
setback.
(2) Uncovered porches and decks which exceed 18 inches above the finished grade may
project:
(a) 24 inches into interior setbacks; and
(b) 6 feet into the street setback except where the allowable setback is 0 feet as in
the Mixed Use district within the downtown area.
(3) Uncovered porches and decks not exceeding 18 inches above the finished grade may
project to the property line.
(4) Roof eaves, including any part of a roof structure whether unsupported or supported
by diagonal bracing to the building, must be more than 7 feet above finished grade and may not
project more than:
(a) 24 inches into an interior setback including within a zero -lot line
development; or
(b) 24 inches into a street setback except where the allowable setback is 0 feet as
in the Mixed use district within the downtown area.
(5) Fences with a height of 6 feet or less may project into any setback, provided that the
sight distance requirements are maintained along street corridors.
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16.40.130 Heights - exceptions to limits.
The following structures may be erected above the height limits:
A. Roof structures housing or screening the following: elevators, fire access stairways,
tanks, ventilating fans, fire or parapet walls, skylights, or similar equipment required for building
operation and maintenance; and
B. Flagpoles, chimneys, smokestacks, church steeples, clock towers, communication
transmission structures, utility line towers and poles, and similar structures.
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Chapter 16.45
PARKING STANDARDS
Sections
16.45.010
Parking and vehicular circulation.
16.45.020
Authority and application.
16.45.030
Computation of required off-street parking spaces.
16.45.040
Shared parking requirements.
16.45.050
Exceptions for community residential facilities (CRF).
16.45.060
Handicapped parking requirements.
16.45.070
Stacking spaces for drive -through facilities.
16.45.080
Transit and rideshare provisions.
16.45.090
Pedestrian circulation and access.
16.45.100
Off-street parking design standards.
16.45.120
Compact car allowance requirements.
16.45.130
Internal circulation road standards.
16.45.150
DOD parking standards.
16.45.200
TRMT parking and circulation standards.
16.45.210
TRMT parking reduction bonus.
16.45.220
TRMT shared parking/consolidated parking bonus conditions.
16.45.230
TRMT additional parking standards.
16.45.240
TRMT parking circulation.
16.45.250
Table 12 — Minimum parking standards.
16.45.260
Table 13 - Minimum parking stall dimension.
16.45.010 Parking and vehicular circulation.
Purpose. The purpose of this chapter is to set standards that provide adequate parking for all uses
allowed in this section; to reduce demand for parking by encouraging alternative means of
transportation including public transit, rideshare, and bicycles; and to increase pedestrian mobility
in urban areas by:
(1) Setting minimum off-street parking standards for different land uses that assure safe,
convenient, and adequately sized parking facilities within activity centers.
(2) Providing incentives to rideshare through preferred parking arrangements.
(3) Providing for parking and storage of bicycles.
(4) Providing safe direct pedestrian access from public rights -of -way to structures and
between developments.
(5) Requiring uses which attract large numbers of employees or customers to utilize
transit and provide transit stops.
16.45.020 Authority and application.
(1) Before an occupancy permit may be granted for any new or enlarged building or to a
change to a different use in any existing building that involves additional parking, the use shall be
required to meet the provisions of this chapter.
(2) Parking studies by individuals with expertise in traffic and parking analysis may be
required by the Planning Director. If this chapter does not specify a parking requirement for a land
use, the Planning Director shall establish the minimum requirement based on a study of anticipated
parking demand. In the study, the applicant shall provide sufficient information to demonstrate that
the parking demand for a specific land use will be satisfied.
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(3) If the required amount of off-street parking has been proposed to be provided
off -site, the applicant shall provide written contracts with affected landowners showing that
required off-street parking shall be provided in a manner consistent with the provisions of this
chapter. The contracts shall be reviewed by the Planning Director for compliance with this chapter,
and if approved, the contracts shall be recorded with the Kitsap County Auditor as a deed restriction
on the title to all applicable properties. These deed restrictions may not be revoked or modified
without authorization by the Planning Director or Planning Commission.
(4) Development along both sides of Bay Street from the crosswalk at Harrison Avenue
to Orchard Avenue is exempt from the parking requirements of this chapter.
(5) In lieu of on -site parking, Bed and Breakfast facilities may obtain an on -street
parking permit to satisfy the facility's minimum parking requirements as follows:
(a) Applicant for any on -street parking permit complies with the provisions of
POMC Chapter 10.14.
(b) No more than three (3) on -street parking permits are issued per facility.
(c) For each on -street parking permit requested, applicant establishes to the
satisfaction of the City Planning Director that on -site parking is not feasible.
(d) Applicant satisfies all other requirements for Bed and Breakfast facilities as
required by City Code or Ordinance.
16.45.030 Computation of required off-street parking spaces.
(1) Off-street parking areas shall contain at a minimum the number of parking spaces set
forth in Table 12, POMC 16.45.250. Off-street parking ratios expressed as number of spaces per
square feet means the gross square footage of floor area. If the formula for determining the number
of off-street parking spaces results in a fraction, the number of off-street parking spaces shall be
rounded to the nearest whole number with fractions of 0.50 or greater rounding up and fractions
below 0.50 rounding down.
(2) An applicant may request a modification of the minimum required number of
parking spaces by substantiating that parking demand can be met with a reduced parking
requirement. In such cases, the Planning Director may approve a reduction of up to 50 percent of
the minimum required number of spaces.
(3) When the City has received a shell -and -core building permit application, off-street
parking requirements shall be based on the possible tenant improvements or uses authorized by the
zone designation and compatible with the limitations of the shell -and -core permit. When the range
of possible uses result in different parking requirements, the Planning Director will establish the
amount of parking based on a likely range of uses.
(4) Bicycle parking may be required in accordance with the following provisions:
(a) Off-street parking areas shall contain at least 1 bicycle parking space except
as follows:
(i) The Planning Director may reduce or eliminate bike rack parking
facilities for patrons when it is demonstrated that bicycle activity will not occur at that
location or is not safely accessible.
(ii) The Planning Director may require additional spaces when it is
determined that the use or its location will generate a high volume of bicycle activity. Such a
determination will include but not be limited to the following uses:
(A) Park and playfield,
(B) Marina,
(C) Library, museum, or arboretum,
(D) Elementary or secondary school,
(E) Sports club, or
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(F) Retail business, when located along a developed bicycle trail or
designated bicycle route.
(b) Bicycle facilities for patrons shall be located on site and shall be designed to
allow either a bicycle frame or wheels to be locked.
(c) All bicycle parking and storage shall be located in safe, visible areas that do
not impede pedestrian or vehicle traffic flow, and shall be well lighted for nighttime use.
16.45.040 Shared parking requirements.
The amount of required off-street parking may be reduced by an amount determined by the
Planning Director when shared parking facilities for 2 or more uses are proposed, provided:
(1) The total parking area exceeds 5,000 square feet.
(2) The parking facilities are designed and developed as a single on -site common
parking facility, or as a system of on -site and off -site facilities, if all facilities are connected with
improved pedestrian paths.
(3) No building or use involved is more than 1,000 feet from the most remote shared
facility.
(4) The amount of the reduction shall not exceed 10 percent for each use, unless:
(a) The normal hours of operation for each use are separated by at least 1 hour;
or
(b) A parking demand study is prepared by a qualified individual and submitted
by the applicant documenting that the hours of actual parking demand for the proposed uses will not
conflict and that uses will be served by adequate parking if shared parking reductions are
authorized.
(5) The total number of parking spaces in the common parking facility is not less than
the minimum required spaces for either use.
(6) A covenant or other contract for shared parking between the cooperating property
owners shall be approved by the Planning Director. This covenant or contract must be recorded with
the Kitsap County Auditor as a deed restriction on both properties and cannot be modified or
revoked without the consent of the Planning Director.
(7) If any requirements for shared parking are violated, the affected property owners
shall provide a remedy satisfactory to the Planning Director or provide the full amount of required
off-street parking for each use, in accordance with the requirements of this chapter.
16.45.050 Exceptions for Community Residential Facilities (CRF).
(1) The requirement for off-street parking space per bedroom may be reduced to no less
than 50 percent of the requirement per bedroom, as determined by the Planning Director based on
one or more of the following considerations:
(a) Availability of private, convenient transportation services to meet the needs
of the CRF residents.
(b) Accessibility to and frequency of public transportation.
(c) Pedestrian access to health, medical, and shopping facilities.
(2) If a CRF facility is no longer used for such purposes, additional off-street parking
spaces shall be required in compliance with this chapter prior to the issuance of a new certificate of
occupancy.
16.45.060 Handicapped parking requirements.
Off-street parking and access for physically handicapped persons shall be provided in accordance
with the current Revised Code of Washington standards.
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16.45.070 Stacking Spaces for Drive -Through Facilities.
(1) A stacking space shall be an area measuring 8 feet by 20 feet with direct forward
access to a service window of a drive -through facility. A stacking space shall be located to prevent
any vehicle from extending onto the public right-of-way or interfering with any pedestrian
circulation, traffic maneuvering, or other parking space areas. Stacking spaces for drive -through or
drive-in uses may not be counted as required parking spaces, except as defined POMC 16.45.030.
(2) Uses providing drive -up or drive -through services shall provide vehicle stacking
spaces in the following serial or combined sequence per lane of drive -up window, such required
spaces shall include the drive -up window space itself:
(a) For each service window of a drive -through restaurant, a minimum of 5
stacking spaces shall be provided.
(b) For all others uses, each drive -up window requires a minimum of 3 stacking
spaces.
16.45.080 Transit and rideshare provisions.
To support the use of ridesharing as an alternative mode of transportation that will aid the City in its
efforts to reduce air pollution, traffic congestion, and fossil fuel consumption, the following shall
apply:
(1) All land uses with twenty-five (25) employees working at any given work site during
a single work shift listed under the Government/Business Services and Manufacturing tables shall
be required to reserve parking spaces for registered rideshare vehicle parking as follows:
(a) There shall be a minimum of one open parking space reserved for an
employee rideshare vehicle, and all registered rideshare vehicles shall have a reserved parking
space.
(b) A vehicle parked in a rideshare vehicle only parking space, must be
registered in Kitsap Transit's countywide public "Rideshare Vehicle Registration Program", qualify
as a rideshare vehicle as defined by Kitsap Transit, and display a valid car/vanpool pass.
(c) Each rideshare vehicle parking space shall be clearly labeled with a Kitsap
Transit carpool or vanpool parking sign.
(d) Except for "disabled parking" spaces, rideshare vehicle parking spaces shall
be located closer to the primary employee entrance than any other employee parking spaces.
(2) When one or more scheduled transit routes provide service within six hundred sixty
(660) feet of the employment site and there is designated pedestrian access, the Planning Director
may reduce the number of required off-street parking spaces.
(3) All uses which are located on an existing transit route and are required under the
computation for required off-street parking to provide more than two hundred (200) parking spaces
may be required to provide transit shelters, bus turnout lanes or other transit improvements as a
condition of permit approval. Uses that reduce required parking pursuant to 16.45.080(B) may
provide transit shelters if transit routes adjoin the site.
16.45.090 Pedestrian circulation and access.
The following general pedestrian design standards shall apply to all developments throughout the
City in addition to those outlined elsewhere within the special design districts.
(1) All uses, except single family detached buildings, shall provide pedestrian access
onto the site. Pedestrian access shall be located as follows:
(a) Access points at property edges and to adjacent lots shall be coordinated with
the existing development to provide circulation patterns between development sites. Pedestrian
access to adjacent lots shall not be required if the topography is greater than 3% between the lots.
(b) Residential developments shall provide links between cul-de-sacs or groups
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of buildings to allow pedestrian access from within the development and from adjacent
developments to activity centers, parks, common tracts, open spaces, schools or other public
facilities, transit stops, and public streets.
(2) Pedestrian walkways shall minimize the conflict between pedestrians and traffic at
all points of pedestrian access to on -site parking and building entrances as follows:
(a) All developments which contain more than 1 building shall provide
walkways between the principal entrances of the buildings.
(b) Pedestrian walkways across parking areas shall be located as either one of the
following:
(i) Walkways running parallel to the parking rows shall be provided at a
minimum of every 2 parking lot aisles.
(ii) Walkways running perpendicular to the parking rows shall be no
further apart than 25 parking spaces.
(3) Pedestrian access and walkways shall meet the following minimum design standards:
(a) Access and walkways shall be physically separated from driveways and
parking spaces by landscaping, berms, barriers, grade separation or other means to protect
pedestrians from vehicular traffic. Lighting may be required.
(b) Access and walkways shall be a minimum of 60 inches of unobstructed width
and meet the surfacing standards of the Port Orchard road standards for walkways or sidewalks.
(c) Access shall be usable by mobility -impaired persons and shall be designed
and constructed to be easily located by the sight -impaired pedestrian by grade change, texture or
other equivalent means.
(d) A crosswalk shall be required when a walkway crosses a driveway or a paved
area accessible to vehicles.
(e) Wherever walkways are provided, raised crosswalks or speed bumps may be
located at all points where a walkway crosses the lane of vehicle travel.
16.45.100 Off-street parking design standards.
(1) The most distant parking space shall not be located more than 500 feet away from
the nearest building entrance it is required to serve. Where the off-street parking areas do not abut
the buildings they serve, the required maximum distance shall be measured from the nearest
building entrance that the parking area serves:
(a) For all nonresidential uses permitted in residential zones, the parking spaces
shall be located on the same lot they are required to serve and at least a portion of parking areas
shall be located within 150 feet from the nearest building entrance they are required to serve.
(b) For all uses permitted within downtown Mixed use district (Mxd), the
parking spaces may be located on consolidated off -site parking lots distributed at accessible
locations about the downtown district.
(2) Minimum parking space and aisle dimensions shall be determined by the Planning
Director. Regardless of the parking angle, one-way aisles shall be at least 10 feet wide, and two-way
aisles shall be at least 20 feet wide. Parking plans for angle parking shall use space widths no less
than 8 feet 6 inches for a standard parking space design and 8 feet for a compact car parking space
design.
(3) Any parking spaces abutting a landscaped area on the driver or passenger side of the
vehicle shall provide an additional 18 inches above the minimum space width requirement to
provide a place to step other than in the landscaped area. The additional width shall be separated
from the adjacent parking space by a parking space division stripe. The parking space depth may be
reduced when vehicles overhang a walkway under the following conditions:
(a) Wheelstops or curbs are installed.
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(b) The remaining walkway provides a minimum of 60 inches of unimpeded
passageway for pedestrians.
(4) The amount of space depth reduction is limited to a maximum of 18 inches.
(5) Ingress and egress between off-street parking areas and abutting streets shall be
designed, located, and constructed in accordance with Port Orchard street standards.
(6) Lighting of off-street parking areas shall be provided for safety of traffic and
pedestrian circulation on the site, as specified in the International Building Code. Lighting shall be
designed to minimize direct illumination of abutting properties and adjacent streets. The Planning
Director shall have the authority to waive the requirement to provide lighting.
(7) Tandem or end -to -end parking is allowed in single family detached residential
developments. Driveways crossing required setback areas may be used for parking when serving
single family detached dwellings but shall not be considered for purposes of calculating required
parking. Attached single family and multifamily developments may have tandem parking areas for
each dwelling unit but shall not combine parking for separate dwelling units in tandem parking
areas.
(8) All required vehicle parking must be on a paved surface.
16.45.120 Compact car allowance requirements.
Subject to Planning Director review and approval, up to 40 percent of the total number of spaces to
be provided in any development may be sized to accommodate compact cars. Aisle widths shall
conform to the standards set for standard size cars.
16.45.130 Internal circulation road standards.
Internal access roads to off-street parking areas shall conform with or exceed the surfacing and
design requirements for private roads set in the Port Orchard road standards.
16.45.150 DOD parking standards.
Except as otherwise provided in this section, development within the Central DOD shall provide
parking in accordance with the off-street parking requirements set forth POMC Chapter 16.45. If
the formula for determining the number of parking spaces results in a fraction, the number of
parking spaces shall be rounded to the nearest whole number with fractions of 0.50 or greater
rounding up and fractions below 0.50 round down.
(1) For multifamily residential uses, the off-street parking standard shall be a minimum
of 1.5 parking spaces for each dwelling unit, regardless of the number of bedrooms.
(2) For non-residential uses, the off-street parking standard shall be a minimum of one
parking space per 300 gross square feet of floor area, except as otherwise provided in Part C3,
section 3 of the Zoning Ordinance, as now or hereafter amended.
(3) No new street level parking lot or parking garage that fronts directly on Bay Street
shall be allowed between Bank Street and Seattle Avenue.
(4) In the event that a building is located on a waterfront lot, parking shall be located to
the side of the building and not between the building and the water.
(5) Exemptions. The following uses within the Central DOD shall be exempt from the
parking standards set forth in these regulations and the Zoning Ordinance.
(a) Existing uses along both sides of Bay Street from the crosswalk at Bank
Street to Seattle Avenue shall be exempt from the parking requirements set forth the Zoning
Ordinance and these regulations.
(b) New ground floor uses shall be exempt from the parking requirements set
forth in these regulations.
(c) New development above the ground floor shall be exempt from the parking
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requirements set forth in these regulations only if (i) the floor area of the new or remodeled building
is equal to or less than the floor area of the building that is present when these regulations become
effective and (ii) the use(s) remains the same.
(6) In lieu payment.
(a) In lieu of furnishing the parking spaces required in subsections (1) and (2)
above, the requirements thereof may be satisfied by paying the City treasurer prior to the issuance
of a building permit, a sum of money for each parking space required. The amount of the fee to be
paid in lieu shall be set by the City Council in its sole discretion and shall incorporate current values
for the purchase of land, construction, and ongoing maintenance of off-street parking spaces, or on a
rental fee for each required space.
(b) Sums so paid shall be deposited by the City treasurer in a special fund to be
designated "City of Port Orchard Off -Street Parking Cumulative Fund." The City Council may
from time to time direct that other moneys be transferred into the fund to be used for the purposes of
the fund. The fund shall be used exclusively for acquiring, planning, designing, developing,
financing, and maintaining off-street parking facilities by purchase or lease for use by the Central
DOD area, all consistent with the transportation improvement plan adopted or thereafter amended
by the City Council.
(7) Screening of Parking. The street -facing, ground level facades of parking lots or
garages shall be designed to obstruct the view of parked cars from public rights of way. Where
commercial or residential space is not available to accomplish this, features such as planters,
decorative grilles, or works of art shall be used.
16.45.200 TRMT parking and circulation standards.
Required parking will be as determined by the underlying zoning designation and must be
contained onsite except where shared parking/consolidation is sought as described in the
following section.
16.45.210 TRMT parking reduction bonus.
(1) A Shared Parking/Consolidated Parking Bonus may be achieved by any
development which incorporates either a shared parking or a consolidated parking agreement with
an adjacent property. The bonus may allow an overall reduction of required parking spaces by up
to 20 percent. Where reciprocal parking and/or access is proposed, agreements between the
property owners together with the proposed design must be provided with the site plan at
application.
(2) A Pedestrian Amenities Parking Bonus may be achieved by the incorporation of a
significant pedestrian amenity in the form of plazas, courtyards, seating areas, fountains, and water
features. The bonus will vary with the amount and size of the amenities provided. The maximum
incentive for the shall be a reduction of one required parking space for each 100 square feet of plaza
area or courtyard provided, or through some combination of pedestrian amenities. For the purpose
of qualifying for the Pedestrian Amenities Parking Bonus, a plaza or courtyard must be designed as
an integral part of the development; have a minimum dimension of at least 20 feet; be open to the
sky except for shade trellises, arcades; and must incorporate seating areas, shade trees and trellises,
and enhanced paving materials. The incorporation of fountains or other water features is highly
encouraged.
16.45.220 TRMT shared parking/consolidated parking bonus conditions.
A shared parking/consolidated parking bonus for 2 or more uses may be achieved when the
following conditions are met, as determined by the Planning Director:
(1) The total parking area exceeds 5,000 square feet.
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(2) The parking facilities are designed and developed as a single on site common
parking facility, or as a system of on site and off site facilities, if all facilities are connected with
improved pedestrian paths.
(3) No building or use involved is more than 1,000 feet from the most remote shared
facility.
(4) The amount of the reduction shall not exceed 10 percent for each use, unless:
(a) The normal hours of operation for each use are separated by at least 1 hour;
or
(b) A parking demand study is prepared by a traffic engineer and submitted by
the applicant documenting that the hours of actual parking demand for the proposed uses will not
conflict and that uses will be served by adequate parking if shared parking reductions are
authorized.
(5) The total number of parking spaces in the common parking facility is not less than
the minimum required spaces for either use.
(6) A covenant or other contract for shared parking between the cooperating property
owners shall be approved by the Planning Director. This covenant or contract must be recorded with
the Kitsap County Auditor as a deed restriction on both properties and cannot be modified or
revoked without the consent of the Planning Director.
(7) If any requirements for shared parking are violated, the affected property owners
shall provide a remedy satisfactory to the Planning Director or provide the full amount of required
off street parking for each use, in accordance with the requirements of this chapter.
16.45.230 TRMT additional parking standards.
(1) Parking areas shall be separated from buildings by either raised concrete walkway or
a landscaped strip with a six inch curb. Vehicles should not be allowed to directly abut the building.
(2) All parking spaces shall be clearly and permanently marked. Compact parking shall
be grouped and clearly identified.
(3) Parking lot design shall provide for connection to adjacent parcels where uses are
compatible and said connection is practical.
(4) Parking lots shall be located to the rear and sides of buildings whenever feasible.
Parking areas directly adjacent to Tremont Street are discouraged.
(5) Parking facilities shall be located and designed in such a manner that vehicles exiting
a site will do so in a forward manner.
(6) Parking facilities shall be designed so that a car within a facility will not have to
enter a street to move from one location to another within the same parking lot.
(7) Large parking areas shall be divided into a series of connected smaller lots or
separated with landscaping and/or offsetting portions of the lot.
(8) Projects are encouraged to incorporate reciprocal access easements/agreements to
improve internal vehicular movements. Where parking areas are connected, interior circulation shall
be designed to allow for a similar direction of travel and parking bays, in all areas to reduce conflict
points of connection.
(9) Individual projects and parking areas with onsite driveways shall be linked and shall
be clearly identified as internal vehicle connectors
(10) Access roads and/or driveways for commercial/office developments shall be located
a minimum of 200 feet apart unless an alternate distance is recommended by the Planning Director.
(11) Access drives and/or driveways shall be located a minimum of 10 feet from property
lines.
(12) Parking lot lighting standards shall be a maximum of 18' feet and shall be shielded to
the parking and building areas, avoiding light -bleed into adjacent residential uses.
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16.45.240 TRMT parking circulation.
(1) Design parking areas so that pedestrians can walk parallel to moving cars. Design
parking lot so that the majority of drive aisles are perpendicular to the majority of buildings or
major tenant.
(2) Consolidation of parking entrances and exits with adjoining developments is
encouraged to preserve the functionality of Tremont Street as a major arterial.
(3) The parking area shall link the building to the street sidewalk system as an
extension of the pedestrian environment. This is accomplished through the use of enhanced
walkways incorporating different pavement materials, trellis structures, arcades, and landscape
treatments.
(4) Driveway entry throats should be at least 25 feet wide, and preferably 30 to 35 feet
wide, so that no interference between exiting and entering vehicles occurs, or as recommended by
the City Engineer.
(5) Bicycle parking racks shall be provided for bicycles near each public entrance to
each building.
• 'I
16.45.250
Table 12
Minimum Parking Standards
Unit of Measurement Minimum Off- Supplemental Parking
Street Parking Requirement
Requirement
Agriculture
Determined during application
Forestry
Determined during application
Fish and wildlife management
Determined during application
Mineral
Determined during application
Resource accessory uses
Determined during application
Recreational/cultural land uses
Park and recreation
Determined during application
Amusement/entertainment:
7832 Theater
3 fixed seats
1.0
7833 Theater, drive-in
Determined during application
792 Plays, theatrical production
3 fixed seats
1.0
Determined during application
793 Bowling alley
Lane
6.0
Sports club
300 sq ft
1.0
Golf facility
Hole
3.0
+ 1/300 sf clubhouse facilities
7999 Golf driving range
Tee
1.0
Shooting range — guns and firearms
Target
1.0
Determined during application
Archery range
Target
1.0
+ 1/300 sf indoor facilities
Amusement arcades
300 sq ft
1.0
Cultural
823 Library
300 sq ft
1.0
841 Museum
300 sq ft
1.0
842 Arboretum
Determined during application
Conference center
3 fixed seats
1.0
+ 1150 sf assembly are w/o
fixed seats
Residential land uses
Dwelling units:
Single family detached
Dwelling unit
2.0
Single family attached
Dwelling unit
2.0
Multifamily
Studio Units
Dwelling unit
1.3
1 bedroom units
Dwelling unit
1.5
2 bedroom units
Dwelling unit
1.8
3 bedroom units or larger
Dwelling unit
2.0
Mobile home park
Dwelling unit
2.0
Houseboats
Dwelling unit
2.0
Group residences:
Senior citizen assisted
Dwelling unit
0.5
* Community residential facility-CRF
Bedroom
0.5
* CRF-prisoner release
Bedroom
0.5
* Dormitory
Bedroom
0.5
Accessory uses:
Dwelling unit
Dwelling unit
Determined during application
Home (cottage) industry
Determined during application
Home occupation
Determined during application
Home profession
Determined during application
Temporary lodging:
7011 Hotel/motel
Bedroom
1.0
Bed and breakfast
Bedroom
1.0
In addition to any residential
dwelling parking requirements
as applicable
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Unit of Measurement Minimum Off- Supplemental Parking
Street Parking Requirement
Requirement
7041 Organization hotel/lodging
Bedroom
1.0
houses
General services land uses
Personal services:
72 General personal services
300 sq ft office
1.0
Stand-alone buildings
Determined during application
7216 Dry cleaning plants
Determined during application
7218 Industrial launderers
Determined during application
7261 Funeral home/crematory
Determined during application
Cemetery, columbarium or mausoleum
Determined during application
Day care
Facility
Determined during application
Veterinary clinic
300 sq ft
1.0
Includes office, lab and exam
area
753 Automotive repair
Service bay
2.0
+ 3/facility
754 Automotive service
Service bay
2.0
+ 3/facility
762-3 Misc repair —
electrical/electronic
Determined during application
764-9 Misc repair — fLimiture/welding
Determined during application
83 Social services
300 sq ft
1.0
Stable
Determined during application
Kennel or cattery
Determined during application
866 Churches, synagogue, temple
3 fixed seats
1.0
+ 1150 sf assembly w/o fixed
seats
Health services:
801-04 Office/patient clinic
250 sq ft
1.0
805 Nursing and personal care
facilities
4 beds
1.0
806 Hospital
Bed
Determined during application
807 Medical/dental lab
300 sq ft
1.0
808-09 Miscellaneous health
300 sq ft
1.0
Education services
Elementary or middle/junior high
school
Classroom
1.0
+ 1150 students
Secondary or high school
Classroom
1.0
+ 1/7 students
Vocational school
Classroom
1.0
+ 115 students
Specialized instructional school
Classroom
1.0
+ 1/2 students
School district support offices
300 sq ft office
1.0
+ 1/1000 sf of storage/repair
area
Government/business services land
uses
Government services:
Public agency office
300 sq ft office
1.0
Public agency yard
300 sq ft office
1.0
+ 1/1000 sf of storage/repair
area
Public agency archives
50 sq ft review area
1.0
+ 1/1000 sf of storage/repair
area
921 Court
50 sf seating area
1.0
+ 3/courtroom
9221 Police facility
Determined during application
9224 Fire facility
Determined during application
Sub regional utility
Determined during application
Minor communications facility
300 sq ft office
1.0
All business services unless specified
300 sq ft office
1.0
15-17 Construction and trade
300 sq ft office
1.0
+ 1/1000 sf of storage area
Warehousing and wholesale trade
300 sq ft office
1.0
+ 1/1000 sf of storage area
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Unit of Measurement Minimum Off- Supplemental Parking
Street Parking Requirement
Requirement
Self-service storage
3500 sf storage
1.0
+ 2/resident manager's unit
7312 Outdoor advertising service
300 sq ft office
1.0
+ 1/1000 sf of storage area
735 Miscellaneous equipment rental
300 sq ft office
1.0
+ 1/1000 sf of indoor repair
areas
751 Automotive rental and leasing
300 sq ft office
1.0
+ 1/1000 sf of indoor repair
areas
Heavy equipment and truck repair
300 sq ft office
1.0
+ 1/1000 sf of indoor repair
areas
Helipad
Determined during application
Retail land uses
All retail uses unless specified
300 sq ft
1.0
5271 Mobile home dealers
300 sf indoor sales
1.0
Forest products sales
300 ft indoor sales
1.0
54 Food stores less than 15,000 sf
300 sq ft
1.0
+ 3/facility
Agricultural crop sales
300 sf indoor sales
1.0
Motor vehicle and boat dealers
300 sf indoor sales
1.0
554 Gasoline service station w/o
grocery
Service bay
2.0
+ 3/facility
554 Gasoline service station w/
grocery
300 sf store
1.0
+ 3/facility + 2/service bay
58 Eating and drinking places — sit
down
100 sf dining/lounge
area
1.0
58 Eating — take out w/ drive -through
windows
100 sf dining/lounge
area
1.0
+ stacking requirement
58 Eating and drinking places -banquet
100 sf dining/lounge
area
1.0
+ 115 fixed seats of banquet
rooms
598 Fuel dealers
Determined during application
Auction houses
Determined during application
Petroleum:
2911 Petroleum refining
Manufacturing land uses
All manufacturing uses unless
specified
1000 sq ft
0.9
2082-8 Winery/brewery
1000 sq ft
0.9
+ 1150 sq ft of tasting area
Regional land uses
All regional uses unless specified Determined during application
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16.45.260
Table 13
Minimum parking stall dimensions
Minimum parking stall dimensions
Stall Width Stall Depth
Compact stall
8.0
16.0
Standard stall (required for Single Family and Duplex Parkin)
9.0
20.0
Minimum loading requirements
Nonresidential buildings with retail, wholesale, manufacturing, storage uses(1)
Unit of Min. Loading
Measurement Spaces
10,000 - 16,000
square feet
1.0
16,001 - 40,000
square feet
2.0
40,001 - 64,000
square feet
3.0
64,001 - 96,000
square feet
4.0
96,001 - 128,000
square feet
5.0
128,001 - 160,000
square feet
6.0
160,001 - 196,000
square feet
7.0
Each additional 36,000
square feet
2.0
Retail, hotel, office, restaurant, hospital, auditorium, convention hall, exhibition hall, sports
area/stadium or similar
40,000 - 60,000
square feet
1.0
60,001 - 160,000
square feet
2.0
160,001 - 264,000
square feet
3.0
264,001 - 388,000
square feet
4.0
388,001 - 520,000
square feet
5.0
520,001 - 652,000
square feet
6.0
652,001 - 784,000
square feet
7.0
784,001 - 920,000
square feet
8.0
Each additional 140,000
square feet
1.0
(1) Excluding self-service storage facilities.
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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.
16.50.110
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
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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.
16.50.020 Application.
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.
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(10) Berms should not exceed a slope of 2 horizontal feet to one vertical foot (2: 1), unless
there are extenuating circumstances.
(11) 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.
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
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(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 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.
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
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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.
(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.
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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.
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.
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(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-
(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.
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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.
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.
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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.
(2) New development that is adjacent to the water shall provide landscaping on the
waterside facade 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 facade 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.
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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.
16-161
16.50.296 - Table 10
Landscape Design Requirements: see Table 11 for alternative
Urb�
Planting materials
s
n streetscapes/pedestrian boardwalks
Roadway corridors — commercial development
Roadway corridors — residential development
Roadway corridors — parkways
Urban buffers — urban parking lots
Urban buffers — filtered screening
Urban buffers — full screening
Greenways — uplands
Greenways - wetlands
Shorelines
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
Planting mix — approximate
Percent in deciduous trees
100%
100%
50%
30%
70%
50%
30%
30%
70%
70%
Percent in evergreen trees
0%
0%
50%
70%
30%
50%
70%
70%
30%
30%
Plantspacing
— feet on center
Trees
25
40
40
30
30
30
15
30
30
40
Shrubs
5
5
4
4
4
4
Plant scale at time of Dlantin¢
Trees — minimum height in feet
10
10
8
8
10
8
8
8
8
8
Trees — minimum caliper in inches
3.0
3.0
2.5
2.5
3.0
2.5
2.5
2.5
2.5
2.5
Shrubs— minimum height in inches
18
18
18
18
18
18
18
18
18
18
Groundcover — years to full coverage
2
2
3
3
2
3
3
3
3
3
Buffer — depth in feet subordinate to building setbacks
Street frontage 10 10 20 25 25 25
Interior lot line 1 5 5 10 25 25 25
irking lot — sf landscape area/stall
Residential shared parking 20
Commercial/employment zone lots:
0-30 stalls 20
30+ stalls 25
Parkin lot — stalls/treespacing
Residential shared parking 8
Commercial/employment zone lots 4
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%
1000
Drought tolerant
60%
60%
60%
60%
60%
60%
60%
100%
100%
100%
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
Shorelines
Native Materials
Drought tolerant
Large deciduous trees
Acer macro h llum
Bi leaf Maple
X
X
X
Acer rubrum species
Red Maple variety
X
X
X
X
X
Acer saccharum
Sugar Maple
X
X
Acer truncatum X platanoide
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 `Fasti iata'
Columnar European Hornbeam
X
X
Fa us s lvatica
European Beech
X
X
X
Fraxinus latifolia
Oregon Ash
X
X
X
Fraxinus oxycarpa `Raywood'
Raywood Ash
X
X
Gingko Bilboa `Sentry'
Columnar Maidenhair
X
X
Liquidambar styraciflua
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 variety
X
X
X
X
X
Quercus robur `Fastigiata'
Upright English Oak
X
X
X
X
Quercus rubra
Northern Red Oak
X
X
X
X
X
Salix species
Willow variety
X
X
X
Tillia americans `Redmond'
Redmond Linden
X
X
Tillia cordata
Littleleaf Linden
X
X
X
X
X
Tillia cordata `Greenspire'
Greenspire Linden
X
X
Medium deciduous trees
Acer campestre
Hedge Maple
X
X
Betula species
Birch variety
X
Carpinus betulus
European Hornbeam
X
X
X
X
X
X
16-163
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
Shorelines
Native Materials
Drought tolerant
Medium deciduous trees, cont.'d.
Cercidi h llum a onicum
Katsura Tree
X
Cornus nuttallii
Pacific Dogwood
X
X
X
Cratawgus laevi ata
English Hawthron
X
X
Cratea us lavallei
Lavalle Hawthorn
X
X
Fraxinus pennsylvanica
Marshall's Seedless Ash
X
X
X
X
X
Po ulus tremuloides
Quaking Aspen
X
X
Prunus species
Flowering Cherry variety
X
X
X
X
X
X
Prunus sar entii
Sargent Flowering Cherry
X
X
Prunus sargentii `Columnaris'
Columnar Sargent Flowering
Cherry
X
X
Prunus serrulata `Kwanzan'
Kwanzan Flowering Cherry
X
X
Pyrus calleryana species
Flowering Pear variety
X
X
X
X
X
Zelkova serrata `Village Green'
Sawleaf Zelkova
X
X
X
X
Small deciduous trees
Acer circinatum
Vine Maple
X
X
X
X
Acer davidii
David Maple
X
Acer ginnala
Amur Maple
X
X
X
Acer palmatum
Japanese Maple
X
Amelanchier species
Serviceberry variety
X
X
X
X
Carpinus species
Hornbeam variety
X
X
X
X
X
X
Cornus florida
Flowering Dogwood
X
Cornus kousa
Kousa Dogwood
X
X
Corylus cornuta californica
Western Hazelnut
X
X
X
X
Crataegus species
Hawthorn variety
X
X
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
Styrax japonica
Japanese Snowball
X
16-164
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 I I Shorelines
Native Materials
Drought tolerant
Conifers broadleaf evergreen 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
Lod e ole 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 ponderosa
Ponderosa Pine
X
X
Pinus s lvestris
Scotch Pine
X
X
X
X
Pinus thunber ii
Japanese Black Pine
X
X
X
Pseudotsu a menziesii
Douglas Fir
X
X
X
X
X
Se uoidendron sem ervirens
Costal Sequoia
X
X
Taxus brevifolia
Western Yew
X
X
X
X
Thu'a plicata
Western Red Cedar
X
X
X
Tsu a hetero h lla
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
X
Berberis species
Barberry variety
X
X
Callicarpajaponica
Japanese Beautyberry
X
Cornus stolonifera
Red -Osier Dogwood
X
X
X
X
X
Enkianthus campanulatus
Red -Veined Enkianthus
X
16-165
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
Shorelines
Native Materials
Drought tolerant
Deciduous shrubs, cont.'d.
Elaegnus species
Elae nus variety
X
X
X
X
Euonymus alata `Com acta'
Winged Eunymus
X
X
Hamamelis 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 purshiana
Cascara Sa rada
X
X
X
Rhus typhina
Sta horn Sumac
X
X
X
X
Ribes san uineum
Red -flowering Currant
X
X
X
Rosa nutkana
Nootka Rose
X
X
X
X
Rosa rugosa
Rugosa Rose
X
X
X
Rubus parviflorus
Thimbelberry
X
X
X
X
Rubus spectabilis
Salmonberry
X
X
X
X
X
Salix species
Willow variety
X
X
X
Sambucus racemosa
Red Elderberry
X
X
X
X
Spiraea species
Spiraea variety
X
X
X
X
Symphoricarpos albus
Snowberry
X
X
X
Syringa vulgaris cultivars
Lilacs
X
X
Vaccinium parvifolium
Red Huckelberry
X
X
Viburnum x burkwoodii
Burkwood Viburnum
X
X
Evergreen shrubs
Arbutus unedo compacta
Compact Strawberry Tree
X
X
X
Cornus alba `Sibirica'
Siberian Dogwood
X
Cotoneaster species
Cotoneaster variety
X
X
X
Ilex crenata
Japanese Holly
X
Kalmia latifolia
Mountain Laurel
X
Ligustrumjaponicum
Japanese Privet
X
Myrica californica
Pacific Wax Myrtle
X
X
X
X
X
X
16.50.297 - Table 11
16-166
Suggested landscape materials
Urban streetscapes/pedestrian boardwalks
Roadway corridors/street frontage
Parking lot trees
Urban Buffer areas
Greenways — uplands
Greenways — wetlands/streams
Shorelines
Native Materials
Drought tolerant
Evergreen shrubs, cont.'d.
Osmarea x burkwoodii
Burkwood Osmarea
X
X
Osmanthus delava '
Delavay Osmanthus
X
X
X
Photinia frazeri
Japanese Photima
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
Rhododendronspecies
Rhododendron and Azaleas
X
X
X
X
Vaccinium ovatum
Evergreen Huckleberry
X
X
X
X
X
Groundcovers
Arctosta h los uva-ursi
Kinnikinnick
X
X
X
X
X
Berberis nervosa
Cascade Mahonia
X
X
X
X
Calluna vulgaris
Scotch Heather
X
X
Caenothus gloriosus
Point Reyes Ceanothus
X
X
X
Cotoneaster microphyllus
Rockspray Cotoneaster
X
X
X
Erica carnea
Winter Heath
X
X
Erica x darleyensis
Mediterranean Heather
X
Euonymus fortuei
Winter Creeper Euonymus
X
X
Gaultheria shallon
Salal
X
X
X
X
X
X
Hypericum calycinum
St. Johnswart
X
X
Ilex crenata varieties & cultivars
Japanese Holly
X
Mahonia species
Mahonia variety
X
X
Pachysandra terminalis
Japanese Spurge
X
X
Sarcococca hookerana
Sarcococca
X
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.
16-167
Chapter 16.55
DESIGN GUIDELINES
Sections:
16.55.010
Purpose.
16.55.020
Block and lot layouts.
16.55.030
Roadway elements.
16.55.040
Site plan elements.
16.55.050
Streetscape elements.
16.55.060
Architectural elements.
16.55.010 Purpose.
These guidelines do not alter the land uses or densities allowed in the underlying zoning districts
defined in the preceding sections of this code. Projects shall comply with all relevant criteria set
forth in this chapter.
16.55.020 Block and lot layouts.
(1) Blocks should have sufficient width to provide for a maximum of 2 tiers of lots of
appropriate depths. Exceptions should be permitted in blocks adjacent to major streets, railroads,
waterways, or involving unique site conditions that make this requirement impractical.
(2) Lots to be created within a proposed site plan or subdivision should comply with
the following requirements:
(a) Every lot should have a minimum frontage of 25 feet on a public or
privately dedicated right-of-way. A repair and maintenance access should be provided to all lots
by site plan or plat easement and property deed. Required easements shall be shown on the face
of the site plan or plat.
(b) Lot lines should be at right angles to street lines or radial to curvilinear
streets unless a variation will result in a better street or lot plan.
(c) Dimensions of corner lots should be large enough to allow for front yard
setbacks off both streets.
(d) Corner lots should be graded to provide sufficient sight clearance at
intersections.
16.55.030 Roadway elements.
(1) Right-of-way dedications.
(a) All site plans and subdivisions should provide direct access to at least one
existing improved and publicly dedicated street.
(b) When a proposed site plan or subdivision is abutting an existing street or
streets with a right-of-way of lesser width than specified by City code, the applicant may be
required as a condition of approval to deed additional right-of-way width and to improve said
right-of-way to the design specifications of the City Engineer. The City may require dedication
of right-of-way in excess of standards in the following cases:
(i) Where additional width is necessary to maintain continuity with
the adjoining rights -of way; and
(ii) Where additional width is necessary to maintain alignment with
adjoining streets and sidewalks improvements.
Ordinance 168
Exhibit A
(iii) Dead-end streets shall be used on access streets only and shall
terminate in a cul-de-sac. Streets which dead-end and which would normally be
continued if the adjacent property were developed, should be shown as temporary
turnarounds. The land beyond the normal right-of-way for such streets shall revert to the
abutting property owners when the street is continued.
(c) Half -streets shall not be allowed.
(2) Street Layouts.
(a) The street within and adjacent to a site plan or subdivision should be
classified and designed to comply with the road standards as adopted by City resolution or
ordinance, Comprehensive Plan and major street map of the City. Major streets should refer to
designated arterial and collector streets and minor streets should refer to access streets and
cul-de-sacs.
(b) Proposed streets should extend to the boundary lines of the proposed site
plan or subdivision in order to provide for the future development of adjacent tracts unless
prevented by natural or man-made conditions or unless such extension is determined to be
unnecessary or undesirable by the Planning Commission or City Council.
(c) The street pattern for commercial site plans and subdivisions should be
designed to expedite traffic movement, reduce conflicts between various types of land uses
including pedestrian access, and coordinate the location of proposed buildings with vehicular
loading and parking facilities. To the extent practical and feasible, commercial site plans should
provide common driveways and integral access through or between the property and adjacent
properties and surrounding residential neighborhoods.
(d) The street pattern for industrial site plans and subdivisions should be
designed to expedite traffic movement, reduce conflicts between various types of land uses
including pedestrian access, and coordinate the location of proposed buildings with airport,
railroad, waterfront, and vehicular loading and parking facilities.
(3) Street signage. Public street names shall conform to the City of Port Orchard
system. Street signs shall be installed as designated by the City Engineer before final site plan or
plat approval.
16.55.040 Site plan elements.
(1) Grading and storm drainage.
(a) Structures, roadways, and other site improvements should be designed to
blend with the natural topography with the minimum amount of site disturbance and grade
changes. Large cuts and fills requiring tall or long retaining walls or rockeries are not
appropriate.
(b) Major drainage corridors and detention facilities should be graded and
landscaped to blend with the natural landscape in accordance with the provisions of POMC
15.32. Where possible, stormwater facilities should be incorporated into the site's design as
aesthetic amenities, enhanced portions of walkway or trail corridors, and/or special visual
accents.
(c) Where retention/detention ponds are highly visible or used as a design
feature, water levels within the pond should be maintained during the dry season for visual
accent purposes.
(2) Landforms and view sheds.
Ordinance 169
Exhibit A
(a) Buildings should be fit into the existing topography to appear to be an
integral part of the natural landform. On sloping sites, buildings should be stepped into the slope
to reflect the sloping grade.
(b) Buildings should be placed to preserve and frame views of natural features
including the waterfront and mountain ranges, and significant townscapes including the
downtown and significant architectural landmarks from other properties within the surrounding
view shed.
(3) Parking lots and areas.
(a) Parking areas or lots should be located along the side, rear or in courtyard
configurations to retain a building frontage along road corridors and control the scale of the
streetscape.
(b) Parking lot aisles should be aligned perpendicular to commercial, retail,
and office building entries to provide protected walking spaces and visual focus on building
entrances.
(c) Where feasible, parking lots should be varied in grade, bermed, and/or
differentiated with planting materials to reduce the visible extent of paved surfaces.
(d) Parking structures should be integrated into surrounding buildings or
streetscapes using facades, artworks, landscaping, or other means that visually filter the view of
parked cars from pedestrian walkways and trails, adjacent building occupants, and the
commercial roadway.
(e) Downtown streets will be reserved for short term, customer oriented
parking spaces, particularly during off-peak traffic hours and prime retail hours and events.
Where possible and practical, loading activities should be accomplished from a side street or
back property location to reserve through access streets for customer parking use.
16.55.050 Streetseape elements.
(1) Walkways and trails.
(a) Buildings should front onto walkways or trails to be developed within
each district in accordance with the non -motorized transportation element of the comprehensive
plan.
(b) The walkways or trails should be incorporated into the site development as
the principal, publicly -accessible pedestrian space and design focus of the development and
between the development and adjacent properties and surrounding residential neighborhoods.
(c) The walkways or trails should integrally connect each development,
particularly retail and commercial projects, with adjacent properties and residential
neighborhoods.
(d) The walkways or trails should extend through parking lots and parking
areas in separated medians or other placements that protect pedestrians from vehicular traffic.
(2) Walkway and trail corridor zones. A minimum width of 5 feet of any walkway or
trail corridor will be clear of any temporary furnishings in order to accommodate pedestrians.
The periphery sections of the corridors, which may be combined on one side, may be used to
display advertising signage, flower pots or other moveable plantings, and/or outdoor seating
areas on a temporary, special event basis.
(3) Building entry and access.
(a) Building entry and access shall be provided within the private property
beyond the public walkway or trail corridor.
Ordinance 170
Exhibit A
(b) Vestibules and other recessed areaways should be used to define and
provide pedestrian access apart from the public walkway space. Vestibules and recessed
areaways should visually alert pedestrians within the public walkway or trail corridor and be
sufficiently attractive to invite visual interest.
(4) Outdoor activities.
(a) As an amenity, ground floor outdoor spaces such as plazas, squares,
eating, seating areas, and/or retail alcoves and inner courtyard spaces or greens should be
provided as integral parts of the development.
(b) The ground floor outdoor spaces should adjoin and be accessible from,
and may occasionally spill over into the public walkway or trail corridor space - but may not
include permanent improvements or uses of the public walkway or trail corridor space.
(5) Streetscape furnishings.
(a) Improvements to the public walkway or trail corridor spaces may utilize
the public Streetscape furnishings palette selected for the corridor.
(b) Improvements to the adjoining private spaces should incorporate or
continue the materials, colors, and/or styles of the public furnishings palette in order to provide
design continuity.
(c) Where appropriate, project developments should provide pedestrian scaled
lighting fixtures to illuminate walkways, trails, parking areas, and other people spaces. Lighting
shields should direct illumination onto pedestrian spaces and away from adjacent properties or
uses. Generally, free standing fixtures should not exceed 14 feet in height.
(6) Public artworks.
(a) Building and property developments should incorporate outdoor artwork.
(b) Artwork may be permanently incorporated into functional areas that are
accessible to the public including parking lots, accessory buildings and structures, as well as
building entries.
(c) Where the building or site is of historical or cultural interest, interpretive
signage and other exhibits or monuments should be incorporated into building or site
improvements that are physically and visually accessible to the public.
16.55.060 Architectural elements.
(1) Building frontages.
(a) Buildings that face onto commercial parking streets and/or public
walkway and trail corridors should be built to front onto the pedestrian space or activity area to
create continuous frontages of interest to the corridor.
(b) Buildings may abut or share common sidewalls subject to International
Building Code (IBC) fire code and emergency access requirements.
(2) Building heights. Building elevations facing public areas should incorporate
offsets, modulations, and additional setbacks above the second story to reduce massing at the
pedestrian scale. The purpose of this is to prevent imposing or tunnel -like effects and to visually
break-up long, continuous facades. It also encourages more aesthetically pleasing architecture.
(3) Modulation and articulation.
(a) Building elevations should be horizontally modulated in no larger than 40
to 60 foot increments to create architectural relief and interest.
(b) Vestibules, entries, and other architectural adaptations should provide
further visual definition and reduce the mass of larger commercial and industrial structures.
Ordinance 171
Exhibit A
(c) Residential buildings should provide architectural details that create
pedestrian scale and interest, such as porches, stoops, bay windows and dormers, and window
and siding trim.
(4) Building entries.
(a) Building entrances should be visually defined from access walkways,
fronting streets, and parking areas. Building designs may use columns, arches, porches, recesses,
or other concepts to create architectural focus and interest.
(b) The principal building entrance should be accessed from major walkways
or trail corridors or other pedestrian ways, or otherwise address the street, opposed to the
building's parking lots and access roads.
(5) Ground floor activities - mixed use developments.
(a) First or ground floors should be devoted to retail, commercial or a similar
public use with pedestrian appeal where the building fronts onto a commercial street or the
public pedestrian walkway or trail corridor. Activities that serve the elderly or handicapped may
be located or accessed from the ground floor or street level of proposed developments.
(b) Upper floors may be commercial or office where the building has a double
frontage, but generally should be residential where the building is not publicly accessible.
(c) The first or ground floor should be at least 12-feet and preferably 14-feet
in height where the ground floor use is retail or commercial, and the building fronts onto a
commercial street or the public pedestrian walkway or trail corridors.
(d) Upper floors may be 10, 12 or 14-feet in height depending on occupant
uses and exterior appearances.
(6) Upper floor balconies, alcoves, decks. Upper floors should incorporate balconies,
alcoves, decks or other outdoor spaces to provide an amenity and increase visual definition to the
building - particularly of the building frontages that face onto commercial streets and the public
pedestrian walkway or trail corridors.
(7) Awnings and canopies.
(a) As an amenity, commercial or retail developments may provide permanent
or retractable awnings, overhangs, arcades or skylights sheltering pedestrians and shoppers from
the elements where the public walkway or trail corridor traverses through the site.
(b) The design of awnings and canopies should provide natural lighting and
openness and continuous protection from the elements but not overly obscure or shadow the
walkway or trail corridor.
(c) Awnings or canopies should be hung above the display window space at
least 10 to 14-feet above the public walkway with a minimum 8-foot vertical clearance.
(d) Structural supports for awnings or canopies will be provided from the
building or adjacent private property. Such awnings or canopies may be supported by posts or
columns within the public walkway or trail corridor with variance approval.
(8) Display windows.
(a) Ground floor retail and commercial spaces along the public walkway or
trail corridors should provide display window space to showcase commercial, retail or other
public uses and wares in a storefront style typical of main street or marketplace architecture.
Window space coverings should be translucent materials to provide pedestrians views into
ground floor spaces and activities.
Ordinance 172
Exhibit A
(b) The corners of buildings that are located at the intersections on
commercial streets and principal public walkway or trail corridors should provide some form of
visual interest such as window displays, artwork or signage.
(9) Signage.
(a) Building advertising signs may be hung from below the awnings
perpendicular to the building (but no lower than a height 8 feet above the walkway at the bottom
of the sign), or on the face of the awning or canopy, or in the window of the retail establishment
in a style and scale common of main street or marketplace architecture.
(b) Signs may be mounted on the face of the building, provided the
advertising does not detract or overpower the building architecture and scale.
(c) Signs should incorporate graphics, colors, logos, and other elements as
much as possible to provide visual interest and reduce "word clutter".
(d) Within mixed use districts outside of the Downtown Overlay District
(DOD), signs may be mounted on the face of the building, provided the advertising does not
detract or overpower the building architecture and scale, and reflects the building's elevational
modulations.
(10) Accessory buildings. Independent parking structures, storage buildings or other
accessory enclosures should be designed to complement the principal, adjacent buildings in
form, detail, color, and material. Generally, accessory buildings and structures should be
designed with similar or complementary roof slopes and building materials as the primary
structure.
(11) Rooftop equipment. Roof -mounted mechanical equipment and other accessories
that are not to be accessed or viewed from adjacent properties or public corridors should be
screened and integrated into the building structure and shell.
(12) Solar orientations. Building designs, particularly within new developments,
should be located to maximize the use of passive solar potentials. Where possible, major window
areas and outdoor activities should be oriented along the south facing facades and yards.
Ordinance 173
Exhibit A
Chapter 16.60
CONCURRENCY MANAGEMENT SYSTEM
Sections:
16.60.010
Title.
16.60.020
Purpose.
16.60.040
Applications for development approval.
16.60.050
Concurrency certificate.
16.60.060
Fees.
16.60.010 Title.
This chapter shall be hereinafter known as the "Concurrency Management System."
16.60.020 Purpose.
The purpose of this chapter is to establish a concurrency management system to insure that
public facilities and services are maintained at the minimum level of service standards
concurrent with, or within a reasonable time after development, occupancy or use as required by
the State Growth Management Act, Chapter 36.70A RCW. The public facilities and services
that are subject to this chapter shall be arterial streets and transit, potable water, and sanitary
sewer. This chapter is also intended to further the goals and policies of the Port Orchard
Comprehensive Plan.
16.60.040 Applications for development approval.
Development Approvals.
(1) Each applicant for development approval, except those exempted from
concurrency, shall apply for a Concurrency Certificate.
(2) An applicant requesting development approval by the City shall provide all
information required by the City in order for a binding concurrency evaluation to be made on
the proposed subject. Such required information shall include any information required by the
public works department in order to evaluate issuance of Concurrency Certificate.
(3) No development approvals will be granted unless the applicant is eligible for a
Concurrency Certificate.
16.60.050 Concurrency Certificate.
(1) A Concurrency Certificate shall be issued for development approval, and remain
in effect for the same period of time as the development approval with which it is issued. If the
development approval does not have an expiration date, the Concurrency Certificate shall be
valid for 6 months.
(2) A Concurrency Certificate shall include the same terms and conditions as the
underlying development approval as it relates to the utility for which a Concurrency Certificate
was required. A development approval shall not be extended past the timeline set forth in the
accompanying Concurrency Certificate unless and until a new Concurrency Certificate is issued
for the extended timeline.
(3) A Concurrency Certificate may be requested at any time for any utility for which
a Concurrency Certificate is required. The applicable fee must be paid before the Certificate is
issued. A Concurrency Certificate that is issued that is not part of an associated development
Ordinance 174
Exhibit A
permit shall only be valid for 6 months, and cannot be extended without payment of an
additional application fee. Concurrency Application fees are non-refundable, and are for the
purpose of reserving capacity in the applicable utility for the time period specified in the
Concurrency Certificate. No Concurrency Certificate shall be issued unless and until it is
known that there is Concurrency or that there can be Concurrency upon the completion of
identified improvements that can be listed in the Concurrency Certificate.
(4) A Concurrency Certificate shall not be issued for capacity that exceeds the
needed capacity for the allowed development on the parcel to which the Concurrency Certificate
is appurtenant.
(5) A Concurrency Certificate runs with the land and is valid only for the parcel and
development set forth in the Concurrency Certificate.
(6) A Concurrency Certificate shall expire if the underlying development approval
expires or is revoked by the City.
16.60.060 Fees.
The fee for the issuance of a Concurrency Certificate shall be the fee set forth in the City's Fee
Resolution that is in effect at the time the application for a Concurrency Certificate is filed with
the City.
Ordinance 175
Exhibit A
Chapter 16.65
SIGN REGULATIONS
Sections:
16.65.000
Title.
16.65.005
Purpose.
16.65.020
Signs prohibited.
16.65.030
Signs not requiring permits.
16.65.040
Permit required.
16.65.050
Application for permits.
16.65.060
Permit fees.
16.65.070
Issuance of permits — inspection.
16.65.080
Requirements applicable to all signs.
16.65.090
Residential district signs.
16.65.100
Tremont Street Corridor Overlay District sign standards.
16.65.110
Commercial, mixed use, and employment district signs.
16.65.120
Downtown business core marquee signs.
16.65.130
Downtown business core sandwich/sidewalk signs.
16.65.135
Home occupation Signs.
16.65.140
Real estate signs.
16.65.150
Political signs.
16.65.160
Temporary and special events.
16.65.170
Billboards.
16.65.180
Nonconforming signs.
16.65.190
Comprehensive design plan permits.
16.65.200
Variances.
16.65.210
Enforcement procedures.
16.65.230
Violations — penalties.
16.65.000 Title.
This chapter shall be known as the "Sign Code".
16.65.005 Purpose.
The purpose of this chapter is to establish standards for the structural design, placement, size,
and maintenance of all signs and sign structures within the City.
16.65.020 Signs Prohibited.
The following types of signs are prohibited in the City:
(1) Portable reader board signs;
(2) Signs that create a safety hazard for pedestrians or motorists, as determined by
the police chief or building official;
(3) Signs imitating or resembling official traffic or government signs or signals, as
determined by the building official or police chief,
(4) Signs attached to trees, utility poles, street -lights, rocks, or other natural
features;
(5) Signs placed on vehicles or trailers, which are parked or located on publicly
Ordinance 176
Exhibit A
owned property for the primary purpose of displaying said sign. This does not
apply to signs or lettering on buses and taxis or vehicles, which are advertising
themselves for sale;
(6) Rotating signs;
(7) Displays for more than 30 consecutive days of banners, clusters of flags,
posters, pennants, ribbons, streamers, strings of lights, spinners, twirlers, or propellers, flashing,
rotating, or blinking lights, flares, balloons or inflated signs over 24 inches in diameter, and
similar devices of a carnival nature are permitted on a limited basis pursuant to POMC
16.65.160. The same displays as described above can only be on the same property three times a
year with a minimum of 30 calendar days between each time the displays are erected (see also
POMC 16.65.160);
(8) Searchlights and beacons, unless otherwise approved by conditions pursuant to
POW 16.65.160;
(9) Video billboards;
(10) Roof signs;
(11) Signs that obstruct vision or which the building official determines to be a
safety hazard for pedestrian or vehicular traffic. Such signs may be removed if they already exist;
(12) Signs containing statements, words, and pictures of an obscene character;
(13) Signs which do not conform in structure or material to International Building
Code and/or Uniform Sign Code;
(14) Flashing signs or lights facing public property;
(15) Signs emitting pollutants. Any sign that emits audible sound, odor, or visible
matter;
(16) Signs located in or on public right-of-way or public property, with the
following exceptions:
(a) Signs that are attached to the downtown marquee and
sandwich/sidewalk signs which meet the City standards for the downtown business core area
signs pursuant to Resolution No. 1884;
(b) Public transportation and City -owned signs.
16.65.030 Signs not requiring permits.
The following types of signs are exempted from obtaining a sign permit, but must be in
conformance with all other requirements of this chapter:
(1) Real estate signs meeting the requirements of POMC 16.65.140.
(2) Political signs meeting the requirements of POMC 16.65.150.
(3) Temporary and special event signs meeting the requirements of POMC 16.65.160.
(4) Non -electric signs not exceeding three square feet per face which are limited in
content to the name of occupant and address of the premises in residential zones.
(5) On -premises directional signs, not exceeding six square feet per face, the sole
purpose of which is to provide for vehicular and pedestrian traffic direction, limited to one sign
per ingress and one sign per egress.
(6) Regulatory, informational, identification, or directional signs installed by or at the
direction of a government entity.
(7) Signs required by law.
(8) Official public notices, official court notices, or official sheriff's notices.
Ordinance 177
Exhibit A
(9) One off -premises identification sign, not exceeding three square feet per face, for
any fraternal, civic, or religious organization with an established operation in the City, which
must be placed on a common sign base approved by City.
(10) Signs or displays not visible from streets, ways, sidewalks, or parking areas open
to the public.
(11) The flag of government or noncommercial institutions, such as schools.
(12) Point -of -purchase advertising displays, such as product dispensers.
(13) "No trespassing," "no dumping," "no parking," "private" and other informational
warning signs which shall not exceed six square feet in surface area.
(14) Structures intended for separate use such as phone booths and recycling
containers.
(15) Reasonable seasonal decorations within the appropriate holiday season or civic
festival season meeting the requirements in the definition for "Seasonal Decorations" in POMC
Chapter 16.08.
(16) Sculptures, fountains, mosaics, murals, and design features which do not
incorporate advertising or identification.
(17) All signs which are wholly within the interior portion of a building, including
interior window signs; provided, that such signs shall not be in one of the categories prohibited
by POMC 16.65.020.
(18) Signs located on the interior sides of sports field fencing.
(19) Garage sale signs.
16.65.040 Permit required.
No sign, except for those exempted in this chapter, shall be erected, re -erected, attached,
structurally altered or relocated by any person, firm or corporation without a sign permit issued
by the City. In the case of electric signs, compliance with the National Electrical Code shall be
included as a requirement of the sign permit. All sign permits shall be issued by the building
official. No permit shall be required for repair, cleaning, repainting or other normal maintenance,
nor for changing the message on a sign designed for changeable copy, as long as the sign
structure is not modified in any way. In cases where a new business has moved into a building
with existing signage, any re -facing or re -painting over an existing sign for the purposes of a new
business requires a sign permit.
16.65.050 Application for permits.
Applications for sign permits shall be made to the building official upon forms provided by the
City. Such applications shall require:
(1) Name, address, and telephone number of the sign owner;
(2) Street address or location of the property on which the sign is to be located,
together with the name and address of the property owner;
(3) The type of sign or sign structure as defined in this chapter;
(4) A site plan showing the proposed location of the sign, together with the locations
and square footage areas of all existing signs on the same premises;
(5) Specifications and scale drawings showing the materials, design, dimensions,
structural supports, and electrical components of the proposed sign.
Ordinance 178
Exhibit A
16.65.060 Permit fees.
All applications for permits shall be paid when permit is picked up. Fees are based upon the
City -adopted fee schedule in accordance with the International Building Code.
16.65.070 Issuance of permits — inspection.
(1) The building official shall issue a permit for erection, alteration or relocation of a
sign within 30 days of receipt of a complete application; provided that the sign complies with all
applicable laws and regulations of the City. In all applications, where a matter of interpretation
arises, the more specific definition or higher standard shall prevail. The building official may
suspend or revoke an issued permit for any false statement or misrepresentation of fact in the
application. A sign permit issued by the building official becomes null and void if work is not
commenced within 60 days of issuance and is not completed within 180 days of issuance or is
abandoned for a period of 180 days. Proof of ordering the sign constitutes commencement of
work. Permits may be renewed one time with an additional payment of one-half of the original
fee.
(2) Any person installing, altering, or relocating a sign for which a permit has been
issued shall notify the building official upon completion of the work. No sign shall be deemed
approved until the building official has conducted a final inspection and indicated approval on
the face of the sign permit.
16.65.080 Requirements applicable to all signs.
(1) For the purpose of determining if a proposed sign permit should be issued
pursuant to this section, the following criteria shall apply. In addition, signs shall be in
compliance with the Uniform Sign Code of the International Conference of Building Officials, as
adopted by the City. This section specifies, unless otherwise stated in this chapter, design
criteria, construction standards, requirements for materials, and limitations on the projection and
clearance of signs. Not less than one copy of said codes is on file in the office of the City clerk.
Compliance with the Uniform Sign Code shall be a prerequisite to issuance of a sign permit
under this chapter.
(2) Electrical Requirements. Electrical requirements for signs within the City shall be
governed by the National Electrical Code, 1984 Edition (or any superseding edition adopted by
the City), promulgated by the National Fire Protection Association, which is adopted and made a
part hereof by this reference. Compliance with the National Electrical Code shall be required by
every sign utilizing electrical energy as a prerequisite to issuance of a sign permit under this
chapter.
(3) Sign Illumination. Illumination from or upon any sign shall be located, shaded,
shielded, directed, or reduced so as to avoid undue brightness, glare or reflection of light on
private or public property in the surrounding area, so as to avoid unreasonably distracting
pedestrians or motorists, and from bodies of water as defined in the shoreline master program.
"Undue brightness" is illumination in excess of that which is reasonably necessary to make the
sign reasonably visible to the average person on an adjacent street.
(4) Sign Maintenance. All signs, including signs heretofore installed, shall be
continually maintained in a state of security, safety, and repair. If any sign is found not to be so
maintained or is insecurely fastened or otherwise dangerous, it shall be the duty of the owner
and/or occupant of the premises on which the sign is located to repair or remove the sign within
Ordinance 179
Exhibit A
five days after receiving notice from the building official or his designee. The premises
surrounding a freestanding sign shall be free and clear of rubbish and landscaped area free of
weeds.
(5) Landscaping for Freestanding Signs. All primary freestanding signs shall include
landscaping at their base to prevent automobiles from hitting the sign -supporting structure and to
improve the overall appearance of the installation. The planting area shall be a minimum of one
square foot for each square foot of sign surface area and shall include a mix of native shrubs and
groundcover (see POMC Chapter 16.50) so that at the time of installation a minimum of 25
percent of the required planting area is covered by plant material. If the landscaping is not
installed concurrently with the sign, the applicant for a sign permit shall provide a performance
assurance device. All required landscaping must be installed within 60 days of completion of the
sign installation, unless the building official grants an extension in writing for reasons of
weather, good planting practices, or unforeseeable construction delay.
(6) Sign Inspection. All sign users shall permit the periodic inspection of their signs
by the City upon request pursuant to this section.
(7) Height of Signs. See district requirements, POMC 16.65.090, 16.65.100 and
16.65.110.
(8) Placement of Signs. All signs must be properly supported and secured as
determined by the building official. Signs may only face streets and parking lots. Signs may not
be mounted on the back of buildings or areas not generally accessed by the public. Multiple
occupancy complexes shall provide for a comprehensive signage plan, coordinating sign design,
and placement. Signs shall be located on the premises unless otherwise authorized within this
chapter. Signage placed or projecting into the public right-of-way shall be approved by the City
Council or as otherwise authorized by this chapter. No sign shall be located as to obstruct or
create hazardous conditions for motorists or pedestrians. All signs shall comply with the sight
distance requirements of the land use code.
(9) Sign design shall provide continuity with signage on the same or adjacent
properties with respect to mounting location and height, proportions, materials, and other
significant qualities.
(10) Painted Signs — Mounting. Murals and graphics may be painted on plywood or
other backing material or directly on the building wall itself (as approved by the building
official).
(11) Appearance of Signs. All signs shall have a professional appearance (as approved
by the building official).
(12) Abandoned Signs. Abandoned signs shall be removed or message coated out by
the property owner or lessee within 30 days after the business or service advertised by the sign is
no longer conducted on the premises. If the property owner or lessee fails to remove it, the
building official shall give the owner 10 days written notice to remove it. Upon failure to comply
with this notice, the building official may cause the sign to be removed at cost to the owner of
the premises. The cost of removal will be twice the total cost of all labor, equipment, and
material costs incurred by the City to include 100 percent labor overhead and 15 percent
materials markup. Foundations, posts, and structure of the sign, with all advertising copy
removed, may remain on the premises for up to three years with the owner's written consent, on
the condition that same must be continuously maintained pursuant to this section.
(13) Position of Signs. Signs shall face or be placed fronting public avenues or
customer parking areas so as to not adversely affect neighboring properties.
Ordinance 180
Exhibit A
(14) Conflicting Provisions. Whenever two provisions or interpretations of this code
overlap or conflict with regard to the size or placement of a sign, the more restrictive provision
or interpretation shall apply.
16.65.090 Residential district signs.
Signs established in any "R" zone must comply with the following provisions:
(1) No sign in a residential district shall extend more than six feet above the elevation
of the address street.
(2) Billboards and projecting signs are not permitted.
(3) Street Address. All dwelling units in residential districts shall display house
numbers, no less than four inches in height, readable from the street.
(4) Temporary Sale Signs (Garage Sale, Estate Sale, etc.).
(a) May contain up to three square feet per side and may be double -sided.
(b) May be displayed no more than three days prior to the event and shall be
removed 24 hours after the event is completed.
(c) May not be displayed in or on public property.
(d) There shall be no more than two such events advertised with temporary
sale signs for any residence per year.
(e) No such event shall continue for more than six days within a 15-day
period.
(5) Directional Signs.
(a) May contain up to three square feet per side of allowable area and may be
double -sided.
(b) Limited to one sign per ingress and one sign per egress.
(6) Residential Subdivisions and Multiple -Family Development Signs.
(a) One monument sign up to 15 square feet in area per face at each entrance
to the development or a single monument sign up to 32 square feet in area per face per
development.
(b) Directional and informational signs for the convenience of tenants and the
public relative to parking, office, traffic movement, etc.
(c) Sign height not to exceed six feet, measured from the ground to the top of
the sign.
(7) Real Estate for Sale or Rent Signs. See POMC 16.65.140.
(8) Home Occupation Signs. See POMC 16.65.135.
(9) Churches, Health Care Facilities, or Multi -unit Group Residence Signs.
(a) Shall be limited to monument signs, which are no higher than six feet
above the ground.
(b) Size must comply with subsection (F) (1) of this section.
(10) Conditional Uses. Signs for conditional uses shall comply with residential sign
requirements.
(11) Allowable Combinations of Sign Types.
(a) There shall be no combination of permanent sign types on a single street
frontage.
(b) Total combined area of all exempt signs on any lot on a residential district
shall not exceed three square feet.
(12) Setbacks: No permanent sign shall be located closer than 10 feet to an internal
Ordinance 181
Exhibit A
property line or closer than 10 feet from the right-of-way line unless attached to a fence that
meets all City codes.
(13) Signs which are attached to fences shall not extend higher than the fence.
16.65.100 Tremont Street Corridor Overlay District sign standards.
The purpose of this section is to regulate signs to create a common design theme within the
Tremont Street Corridor Special Overlay District (TRMT). No person shall erect, re -erect,
construct, enlarge, move, improve, remove, convert, or equip any sign or sign structure, or cause
or permit the same to be done without a permit granted through the TRMT permit process.
(1) General Sign Regulations.
(a) No sign or any contrivance shall be devised or constructed so as to rotate,
gyrate, blink or move in any animated fashion.
(b) Internally illuminated signs are prohibited. All signs shall be constructed
of natural materials.
(c) No flags or pennants of any type may be utilized to draw attention to any
use or structure on a permanent basis. Colored flags which contain no written insignias may be
displayed two times a year for periods not to exceed 30 days. NOTE: This does not preclude
national, state, or local flags, pennants, or banners which are displayed in observance of
recognized holidays.
(d) Signage on awnings shall be painted on the awning surface and be
restricted to the awning's flap (variance) or to the end panels of angled, curved, or box awnings.
(e) The identification of each building or store's address in 6 inch high
numbers over the main entry doorway or within 10 feet of the main entry is required.
(f) Corporate painting schemes (e.g. colored stripes, etc.) are considered a
form of advertising and are considered a sign under these guidelines.
(2) Specific Signs Regulations.
(a) Monument signs.
(i) Monument signs shall be measured by a rectangle around the
perimeter, excluding the base. Under no circumstances may the sign exceed six feet
in height or 24 sq. ft. in size, excluding the base. One monument sign is permitted per
each development or lot of record.
(ii) Each monument sign shall be located within a planted landscaped
area which is of a shape and design providing a compatible setting and ground definition,
to a ratio of four (4) sq. ft. of landscaped area for each sq. ft. of sign area (one side only).
(iii) Monument signs shall be constructed of natural materials, or
appear to be constructed of natural materials, unless inconsistent with the building
architecture.
(iv) Backlit, neon and fluorescent lighted signs are not permitted.
(b) Freestanding Signs.
(i) All tenant signs shall be uniform in size and color. One style of
typeface is preferred.
(ii) The sign area for each tenant on a freestanding sign shall be
proportional to the size of their respective store (large stores have larger signs compared
to smaller stores and smaller signs).
(iii) The number of tenant signs per freestanding sign shall be limited
Ordinance 182
Exhibit A
to the three largest tenants based on floor area. In no case will a freestanding sign identify
more than three tenants.
(iv) A minimum of 10% of the sign area of freestanding signs for large
multi -story buildings or developments should be devoted to identification of the center or
building by address and name.
(v) Shall be placed perpendicular to traffic
(vi) Shall be placed in raised planters with two (2) sq. ft. of landscaped
area per each sq. ft. of sign area whenever possible.
(vii) Shall be constructed of natural materials, unless inconsistent with
the building architecture.
(vii) Backlit, neon and fluorescent lighted signs are not permitted.
(c) Wall signs.
(i) The area around a painted wall sign, logo or any facsimile drawing
attention shall be calculated by measuring a rectangle around the outside of letters or
mural.
(ii) The use of logos, corporate insignias, and corporate colors is
permitted on any wall sign provided that these do not occupy more than 25 % of the sign
area.
(iii) No building signs shall be allowed above the bottom of the second
floor window line (where one exists) except where a multi -story building has a sign panel
just below the roofline for its name or a major tenant's name.
(iv) The use of a graphic consistent with the nature of the product to be
advertised is encouraged, e.g., hammer symbol for hardware store, mortar and pestle for a
drug store.
(v) Direct and indirect lighting methods are allowed providing they do
not cause harsh or unnecessary glare. The use of can -type box signs with translucent
backlit panels are not permitted on any structures.
(vi) Individual backlit single cut letter signs are allowed.
(vii) Sign colors are required to be compatible with individual building
signs, freestanding and monument signs.
(viii) The use of permanent sale or come-on signs is prohibited. The
temporary use of these signs is limited to 30 days within a 90 day period. Signs affixed to
windows may not occupy more than 20% of the window area. Each business is permitted
a total of not more than 120 days of temporary signs per calendar year.
(3) Sign Area. The area of a wall sign is calculated as follows:
(a) Single Tenant: One sq. ft. of sign area per lineal bldg. frontage. Not to
exceed 50 sq. ft.
(b) Building Identification: One per street frontage. One-half square feet of
lineal building lot frontage. Not to exceed 40 sq. ft.
(c) Multiple Tenants: One per tenant. Not to exceed 10 sq. ft.
(d) Wall Name Plate: One per tenant. Not to exceed 4 sq. ft.
(e) Window Signs are considered wall signs. One per window is permitted;
not to exceed 25% of window area.
16.65.110 Commercial, mixed use, and employment district signs.
In all commercial districts, the following regulations and standards shall apply.
Ordinance 183
Exhibit A
(1) Billboards. See POMC 16.65.170.
(2) Each business building shall display a street address number identification sign
readable from the street. The minimum height of the street address numbers shall be six inches.
(3) Temporary Signs. Allowed. See POMC 16.65.160.
(4) Directional Signs, such as entrance and exit signs, may contain an allowable area
up to three square feet per side, may be double -sided and are limited to one sign per ingress and
one sign per egress. Directional signs may not contain advertising copy other than the business
logo, if applicable.
(5) Projecting Signs shall not exceed 32 square feet per face; one sign per elevation
per business is permitted; shall not project more than six feet from a building nor within two feet
of the curb line; and shall not extend above the parapet or eaves line.
(6) Freestanding Signs.
(a) In a Commercial and Employment District the maximum height permitted
is twelve feet and the maximum sign area may be equal to one square foot for each lineal foot of
street frontage per sign face, not to exceed 90 square feet.
(b) In a Mixed Use District the maximum height permitted is six feet and the
maximum area permitted is equal to one square foot for each lineal foot of street frontage per
sign face, not to exceed 50 square feet.
(7) Wall Signs standards are as follows:
(a) Allowable Area. One square foot for each lineal foot of wall frontage. No
single sign face shall exceed 90 square feet.
(b) No more than one per wall with frontage to a public street or parking area.
(c) No sign shall extend above the parapet or eaves line.
(8) Sandwich Boards/Sidewalk Signs. Must meet the following criteria:
(a) Signs shall not exceed 24 inches by 36 inches.
(b) Signs shall be placed on and directly in front of premises being advertised.
(c) Signs are placed only during hours the business is open.
(d) Signs shall not be placed within the road right-of-way, unless otherwise
stated in Resolution No. 1884. See POMC 16.65.130 regarding downtown Bay Street.
(e) Signs limited to one per street frontage.
(9) Buildings with multiple tenancies shall be limited to one sign per street frontage
along with one per tenant space to be placed immediately adjacent to the business entrance.
Businesses must allow unobstructed sidewalk or walkway width of four feet.
(10) Gas station/convenience store signs must comply with the following standards:
(a) Gas price signs must be permanently anchored and the sign area shall not
exceed 12 square feet and no more than one per street frontage.
(b) Canopy Signage shall not be included in determining the total sign area of
a business, is limited to logo shields and no product advertising is permitted on spandrels,
canopy, or columns.
(11) On any street frontage, the only allowable combinations of signs are:
(a) Wall sign and freestanding sign.
(b) Projecting signs and freestanding sign.
(12) Off -premises signs. Not allowed.
(13) Setbacks. Signs under this section may have zero -foot setbacks.
Ordinance 184
Exhibit A
16.65.120 Downtown Marquee signs.
(1) Abutting property owners can use that portion of the marquee which is within the
extended property lines to advertise those businesses which are located on the subject property.
All marquee signs shall have a building permit to confirm location, design standards, and
structural connection. The City is authorized to relocate or remove any sign on the marquee or in
the public right-of-way that does not conform to City standards. No sign shall advertise a
business that is not located on the abutting Bay Street property. No temporary signs or banners
shall be allowed on the marquee, except those installed by the City. No display of merchandise
shall be hung from the marquee.
(2) Allowable Area for Marquee Signage. One square foot for each lineal foot of wall
frontage. Marquee sign is part of the total usable signage for the site. No single sign face shall
exceed 32 square feet. The property owner of a multiple occupancy building will be responsible
for the division of usable signage and signs shall be spaced evenly.
(3) Design Criteria.
(a) The signs shall be mounted flush to the marquee railing.
(b) The sign is to be centered on the horizontal plane of the marquee and shall
not extend above the top or bottom of the marquee railing face. Sign shall be placed directly in
front of business. Proportional size length to width approximately with ratio of 2:1 minimum.
(c) All signs shall have a professional appearance.
(d) No sign is to have a right angle corner.
(e) Exterior lighting directed from the top portion of the sign is allowed. A
clearance of 14 feet for commercial vehicles must be permitted. The lighting must be shielded
from traffic and avoid undue brightness. See POMC 16.65.080(2). Subject to permit and design
criteria.
(f) Signs under the marquee shall be placed to allow seven feet clearance
above the sidewalk. The sign shall be rectangular in shape, not to exceed six square feet, corner
treatment is as follows, and shall be installed per City standards.
(g) Any movie theater with more than 150 seats is exempt from the standards
of this section, but must meet requirements of POMC 16.65.110.
(h) Changeable letter strips may be added to a marquee sign for those
businesses that pay a state/local admission tax for use of entertainment advertising only.
16.65.130 Downtown business core sandwich/sidewalk signs.
(1) Existing and proposed sidewalk signs are permitted only within the mixed use
district, between Water Street and Harrison Avenue on Bay Street. These signs shall meet the
specific standards and requirements in this section
(2) Sidewalk signs require a sign permit. A copy of the approved sign permit shall be
legibly attached to the underside of the sign at all times.
Any applicant for a sidewalk sign permit shall be required to sign a hold
harmless/indemnification agreement and shall provide evidence that the applicant maintains
liability insurance in an amount as required by the building official naming the City of Port
Orchard as an additional insured. Said coverage shall not be canceled or modified without 30
calendar days prior to written notice to the building official. Failure to maintain such insurance
coverage shall result in revocation of the permit.
Ordinance 185
Exhibit A
Any applicant for a sidewalk sign permit shall sign a statement that the applicant agrees to
adhere to the standards and requirements set forth in this chapter, and if not, the sign may be
removed by the City and/or the sign permit revoked.
(3) Number, Size and Location. Maximum of one sidewalk sign per business
permitted, including businesses having more than one street frontage. The sign shall be placed in
front of and on the same side of the street as the building or establishment which it advertises.
(a) Buildings with multiple tenants who have access from a common entrance
are permitted one sidewalk sign per building upon which all interior tenants may be advertised.
(b) Maximum size of sidewalk sign shall be six square feet per sign face, with
a maximum of two sign faces per sign.
(c) Maximum height of sign shall be 36 inches above the sidewalk, walkway,
or plaza upon which it is placed, and no materials (such as paper, balloons, windsocks, etc.) may
be added to the sign to increase its height. The height of such signs may not be artificially
increased above the allowed maximum by the placement of material underneath. Maximum
width of sign shall be 24 inches.
(d) No sign may be placed in such a way as to reduce the continuous
unobstructed width of a sidewalk or walkway to less than four feet.
(e) No sign may obstruct an entrance to a building or any steps.
(f) No sign may be placed within a required vision clearance triangle, as
defined by this chapter, or within 20 feet of a wheelchair ramp.
(g) No second party advertising shall be permitted on such signs.
(h) Owners are responsible for the removal of their sidewalk sign following
business hours and during periods of strong winds.
(4) Materials. Signs shall be constructed of weather -resistant materials, such as
wood, plastic, or metal. Signs constructed of impermanent materials, including but not limited to
cardboard and paper, are prohibited. No sign shall contain foil, mirrors, bare metal, or other
reflective materials, which could create hazardous conditions to motorists, bicyclists, or
pedestrians. No sign may contain lights of any kind.
16.65.135 Home occupation signs.
(1) The sign shall not exceed four square feet.
(2) The sign shall be set back a minimum of ten feet from the property line, unless
sited on an otherwise permitted fence.
(3) Freestanding and fence mounted signs can be no higher than six feet as measured
from the top of the sign to the ground.
16.65.140 Real estate signs.
All exterior real estate signs must be of a durable material. Only the following real estate signs
are permitted:
(1) Residential for Sale or Rent Signs. Signs advertising residential property for sale
or rent shall be limited to one single -faced or double-faced sign per street frontage. Such signs
shall not exceed four square feet per face, and must be placed wholly on the subject property.
Such signs may be displayed while the property is actually for sale or rent. A sold sign may
remain up for 10 days after the occupancy of residential property.
(2) Residential Directional Signs. Signs advertising an open house and the direction
to a residence for sale or rent shall be limited to three single -faced or double-faced off -premises
Ordinance 186
Exhibit A
signs. Such signs may not exceed four square feet per face. Such signs are permitted only when a
real estate agent or seller is in attendance at the property for sale, and not overnight. Such signs
may not be placed in the public right-of-way, nor shall they be placed on a sidewalk or in any
location where they would cause a public hazard as determined by the police chief and/or
building official.
(3) Commercial or Employment for Sale or Rent Signs. Signs advertising commercial
or employment property for sale or rent shall be limited to one single -faced or double-faced sign
per street frontage. Signs may be displayed while the property is actually for sale or rent up to
one year. If at that time property is not sold or rented, a permanent sign is required. The signs
shall not exceed 32 square feet per face. If freestanding, the signs shall not exceed five feet in
height and shall be located at least 15 feet from any abutting interior property line and wholly on
the property for sale or rent. In applications where constant leasing/rentals occur, a permanent
sign may be erected on the property in accordance with the permanent sign requirements.
(4) Temporary Subdivision Signs. Signs advertising residential subdivisions shall be
limited to one single -faced or double-faced sign per street frontage. Such signs shall not exceed
32 square feet per face and shall not exceed 10 feet in height. They shall be set back at least 10
feet from any abutting interior property line and shall be wholly on the property being
subdivided and sold.
16.65.150 Political signs.
Signs, posters, or bills promoting or publicizing candidates for public office or issues that are to
be voted upon in a primary, general, or special election may be displayed on private property in
accordance with the following restrictions:
(1) Political signs can be posted 120 days before a special election and 60 day prior to
the primary or general elections, and shall be removed within seven days after the election;
(2) Prohibited on Public Property. It is unlawful for any person to paste, paint, affix,
or fasten any political sign on a utility pole or on any public right-of-way, property, building, or
structure.
(3) Responsibility for Compliance. It shall be presumed that any violation of this
section was done at the direction and request of the political candidate and/or campaign director.
16.65.160 Temporary and special events.
Except as otherwise provided below for certain special categories, temporary and special event
signs shall not exceed 32 square feet in area per face. In addition, temporary and special event
signs shall not be allowed without first being requested in writing and reviewed by the building
official or his designee, who may impose conditions of approval.
(1) Construction Signs. Construction signs identify the architects, engineering,
contractors, or other individuals or firm involved with the construction of a building and
announce the character of the building or the purpose for which the building is intended. Such
signs may be displayed only after a building permit is obtained and during the period of
construction on the construction site. Only one such sign is permitted per street frontage. No
construction sign shall exceed 32 square feet per face or 10 feet in height, nor shall it be located
closer than 10 feet from an interior property line. Construction signs shall be removed by the
date of first occupancy of the premises, or upon expiration of the building permit, whichever first
occurs.
Ordinance 187
Exhibit A
(2) Grand Opening Displays. Temporary signs, posters, banners, strings of lights,
clusters of flags, blinking lights, balloons, searchlights, and beacons are permitted for a period
not to exceed 30 days to announce the opening of a completely new enterprise or the opening of
an enterprise under new ownership. All such signs and materials shall be located on the premises
being advertised and shall be removed immediately upon expiration of said 30-day period.
(3) Special Sales and Events. Temporary signs, posters, banners, strings of lights,
clusters of flags, balloons, searchlights, and beacons are permitted for the limited purpose of
announcing a retail sale or special event in business or commercial zones, but not on a routine
basis. All such advertising material shall be located on the premises being advertised limited to
one per road frontage per business or multiple occupancy complex and shall be removed
immediately upon expiration of said special sale or event. Such special sale or event shall be
limited to a 30-day period.
(4) Quitting Business Sales. Temporary signs, posters, and banners are permitted for
a period of 30 continuous days for the purpose of advertising quitting business sales, liquidation
sales, or other events of a similar nature. All such signs shall be located on the premises being
advertised and shall be removed immediately upon expiration of the 30-day period, or conclusion
of the sale, whichever occurs first.
(5) Seasonal lighting shall be permitted on the downtown marquee and over the street
for a period of 30 days.
(6) Product Advertising Signs. A banner whose primary objective is to advertise a
specific product or brand name and is located outside the business building shall be limited to 30
days per product and/or sign every six months.
16.65.170 Billboards.
(1) Location requirements.
(a) Billboards shall be permitted only in commercial and employment zones.
(b) Billboards shall be located only on property abutting a state highway and
shall be facing towards the state highway.
(c) Billboards shall not be less than 100 feet from an intersection; provided,
that a greater distance may be required if the City finds that a specific billboard at a specific
location will obstruct or physically interfere with a motorist's view of approaching, merging, or
intersection traffic.
(d) Billboards shall not be closer than 300 feet to any residential zone.
(e) Billboards shall not be closer than 15 feet to the outside edge of the public
right-of-way.
(f) A billboard shall not be located within 1,000 feet of another billboard on
the same side of the street.
(g) Billboards shall not block the public visibility of any on -premises signs or
the visibility for motorists of any official traffic sign, signal, or device.
(h) Billboards shall not block, obstruct, or detract from any unique scenic
view enjoyed by the public or by private parties.
(i) All billboards visible from a state highway shall comply with the
requirements of Chapter 47.42 RCW.
(2) Dimensional Standards for Billboards.
(a) Back-to-back and V-type sign structures shall be considered one sign
structure.
Ordinance 188
Exhibit A
(b) The maximum height of a billboard shall not exceed 35 feet from the
street level.
(c) The maximum sign dimensions for a billboard shall be 12 feet in height
and 25 feet in length, excluding supports and foundations, for a total maximum sign area of 300
square feet per face. Billboards may be either single -faced or double-faced.
(d) Billboards shall not be permitted as roof signs.
(e) The back of billboards will be finished if visible by the public and all areas
visible by the public shall be landscaped with drought -resistant native vegetation as approved by
the building official. The finish will be non -reflective, painted, and conceal the framework of the
structure.
(3) Additional Requirements.
(a) It shall be unlawful for any person to erect, place or maintain or cause to
be erected, placed or maintained any advertising structure or billboard without the lawful
permission in writing signed and acknowledged by the owner or lessee of the property upon
which such advertising structure or billboard is located.
(b) No paper, cloth or advertising matter shall be allowed or permitted to hang
loose from any advertising structure or billboard but the same shall be securely fastened or glued
to the surface thereof, and such structure shall be maintained at all times in a condition
satisfactory to the council both as to structure and appearance.
(c) The name of the person owning and/or maintaining the billboard or
advertising structure must be plainly displayed thereon.
(d) It is unlawful to display on any advertising structure or billboard any
advertisement or advertising matter which is immoral, obscene or objectionable for any reason to
the council).
(4) Lighting. Lighting on billboards shall be for the sole purpose of illuminating the
advertising message on the display surface and shall not constitute any part of the message itself,
directly or indirectly. There shall be no blinking, flashing, or fluttering lights. All lighting shall
be directed towards the display surface and shall not create a hazard to motorists or a nuisance to
adjoining property owners.
(5) License Requirements. A business license as specified in Chapter 5.12 POMC
shall be required for each business owning one or more billboards, which are erected in the City.
(6) Nonconforming Billboards. Billboards existing on the date of adoption of the
ordinance codified in this chapter which were in full compliance with all codes and regulations
of the City at said time, but which do not comply with this section, shall be regarded as
nonconforming billboards. Said billboards shall be allowed to continue if properly repaired and
maintained. If such billboards are structurally altered, relocated, or replaced, they shall lose their
nonconforming status; further, such billboards shall lose their nonconforming status if a change
of use occurs on the underlying property. A billboard without nonconforming status shall
immediately be removed or brought into compliance with all current provisions of this section.
16.65.180 Nonconforming signs.
(1) Signs existing on the date of adoption of the ordinance codified in this chapter,
which do not conform to the specific provisions of this section, shall be deemed to be legal
nonconforming signs which are exempt from the provisions of this section only on the following
conditions:
(a) The sign was lawfully erected in full compliance with all codes which
Ordinance 189
Exhibit A
were then applicable.
(b) The sign does not endanger the public health, safety, or welfare.
(c) The sign does not lose its nonconforming status as provided in subsection
(2) of this section; provided, that nonconforming status shall not apply to temporary, special
event, real estate, or portable signs, or to any sign on public right-of-way. The nonconforming
status of billboards is regulated by POMC 16.65.170; provided further, that portable reader board
signs which meet the nonconforming criteria specified in subsection (1) of this section shall be
granted a phase -out period of 12 months from the adoption of the ordinance codified in this
chapter or until they lose their nonconforming status as provided in subsection (2) of this section,
whichever occurs first.
(2) A legal nonconforming sign may lose said designation if any of the following
occur:
(a) If the sign is not continuously maintained and repaired as required by
POMC 16.65.080.
(b) If the sign structure is relocated or replaced (not to include a mere change
of advertising copy).
(c) If the structure or size of the sign is altered in any way to make it more
nonconforming with the provisions of this section. This does not refer to a change of copy or
normal maintenance.
(d) If the sign suffers more than 50 percent appraised damage or deterioration.
(3) A sign permit shall not be issued if the application requests a nonconforming sign
to be modified, enlarged, extended, constructed, reconstructed, moved, or structurally altered in
such a manner that would continue to keep the sign out of conformance with this chapter.
(4) The owner may continue using the nonconforming sign for a period determined
by use of the table contained in this section. At the expiration of any such period, the owner shall
at his/her expense either remove the sign and its' supporting members or modify or replace it so
as to bring it into compliance with the requirements and standards of this chapter. As used in the
table, time limitation means the period which begins to run when the building official mails
notice of the valuation of the sign to the owner of real property on which it is situated, as
disclosed by the most recent county assessor's rolls. The value of sign means the valuation
determined by the building official, who may consider evidence of the sign's original cost,
replacement cost, salvage value, adjusted basis for income tax purposes and fair rental value, to
the extent such evidence is available. The owner may appeal to the City Council. Such appeal
shall be filed within 60 days of the building official's notice and shall present evidence that the
sign was in accordance with the requirements of the municipal code in force at time the sign was
erected.
Value of Sign
Time Limitation
$1,000 or less
One year
More than $1,000, but less than $10,000
Three years
$10,000 or more
Five years
(5) The owner may appeal to the Building Appeal Board. Such appeal shall be filed
within 14 days of the date of the building official's notice. The burden of proof shall be on the
appellant to establish that the sign was in compliance with City codes that were in force at the
time the sign was erected, re -erected, or otherwise altered.
Ordinance 190
Exhibit A
16.65.190 Comprehensive design plan permits.
Application may be made to the Hearing Examiner for special consideration whereby deviations
from the requirements and restrictions of this chapter may be permitted when an applicant is
using a comprehensive design plan to integrate signs into the framework of the building or
buildings, landscaping, and other design features of the property, utilizing an overall design
theme. Comprehensive design may be used on an existing building where the facade is being
altered, when there is new construction, or in freestanding signs. These permits are not to be
confused with the procedures for obtaining variances for hardship or unusual circumstances.
Rather, these permits are based upon the applicant satisfying the Hearing Examiner that an
exceptional effort has been made toward creating harmony between the sign, the building, and
the site where it is located through use of a consistent design theme which complements and
enhances surrounding natural beauty of the area. The comprehensive design plan shall be
presented to the Hearing Examiner with a narrative describing the proposed plan.
(1) Comprehensive design plan permits criteria. The Hearing Examiner shall assess
the applicant's information using the following criteria:
(a) The proposal manifests exceptional visual harmony between the sign,
buildings, and other components of the subject property through the use of a consistent design
theme.
(b) The sign or signs promote the planned land use in the area of the subject
property and enhance the aesthetics of the surrounding area.
(c) The sign and its placement do not obstruct or interfere with any other sign
or property in the area or obstruct natural scenic views.
(d) The proposed plan is aesthetically superior to what could be installed
under existing criteria in this chapter.
16.65.200 Variances.
(1) Variance applications shall be processed pursuant to the procedures for zoning
variances specified in POMC 16.35.150.
(2) Variances for height of signs in a residential district, POMC 16.65.090, may be
processed as an administrative variance by the Planning Director.
16.65.210 Enforcement procedures.
(1) The building official or his designee shall have jurisdiction to administratively
enforce the provisions of this chapter. Upon presentation of proper credentials, the building
official or his duly authorized representative may, at all reasonable times enter upon any
premises to inspect the same for violations of this chapter. All signs for which a permit is
required are subject to periodic inspection by the Code Enforcement Officer.
(2) The building official may use the following administrative methods of enforcing
the provisions of this chapter:
(a) In cases where the building official determines that a sign presents an
immediate threat to the safety of the public, or a sign is unlawfully located on public property,
the building official may order the sign to be immediately removed by the owner or by the City
at the owner's cost.
(b) In cases where a sign is erected or installed without a permit in violation
Ordinance 191
Exhibit A
of this chapter, the building official shall give written notice by certified mail to the owner to
comply with the provisions of this chapter or remove the sign within 48 hours. If compliance
within 48 hours is not obtained, the building official may order the sign to be removed by the
owner or by the City at the owner's cost. These 48 hours serve as the administrative warning
period.
(c) In all other cases where the building official identifies a violation of any
provision of this chapter, he shall give 10 days' notice, in writing by regular and certified mail, to
the owner to bring the sign into compliance with this chapter or to remove it. Upon failure to
comply with said notice, the building official may issue a civil infraction and order the sign
removed by the owner or by the City at the owner's cost.
(3) As used in this section, the term "owner" shall refer to the owner of the sign in
question; provided, that if the building official is unable, after reasonable efforts, to determine
the identity of the owner of the sign, the building official may notify, instead, the owner of the
real property on which the sign is located, and may rely upon the name and address of such
owner as it appears in the records of the Kitsap County assessor.
16.65.230 Violations — penalties.
After the administrative warning period referred to in POMC 16.65.210(B)(2) has expired, any
person, business, or corporation violating a provision of this chapter shall be construed as having
committed a civil infraction and, upon a finding of liability, shall pay a civil penalty of not more
than $250.00. Each day a violation exists shall be considered a separate infraction. Any person,
firm, or corporation interfering with the Code Enforcement Officer's enforcement of this chapter
may be cited under the City's criminal code for the offense of obstructing a public officer.
Ordinance 192
Exhibit A
Chapter 16.70
IMPACT FEES — GENERAL PROVISIONS
Sections:
16.70.010
Purpose.
16.70.030
Applicability of impact fee.
16.70.040
Identification of development impacts.
16.70.050
Mitigation review — alternatives.
16.70.060
Imposition of impact fee.
16.70.070
Establishment of development service areas.
16.70.080
Calculation of impact fee.
16.70.090
Impact fee exemptions.
16.70.100
Impact fee credits.
16.70.110
Appeals.
16.70.120
Impact mitigation fee fund.
16.70.130
Expenditures.
16.70.140
Refunds.
16.70.150
Impact fee as additional and supplemental requirement.
16.70.010 Purpose.
It is the purpose of this chapter to:
(1) Ensure that adequate facilities are available to serve new growth and
development;
(2) Promote orderly growth and development by requiring that new development pay
a proportionate share of the cost of new facilities needed to serve growth; and
(3) Ensure that impact fees are imposed through established procedures and criteria
so that specific developments do not pay arbitrary fees or duplicate fees for the same impact.
16.70.030 Applicability of impact fee.
(1) This chapter shall be applied as part of and integrated into the City's land use and
development approval procedures, so that mitigation decisions under this chapter are
incorporated into development approval and permitting decisions at the earliest stage, thus
permitting public review and comment.
(2) This chapter shall be uniformly applicable to development that occurs within a
designated service area.
(3) Mitigation conditions imposed pursuant to this chapter shall be deemed conditions
of the development permit and may be enforced by any suitable means.
16.70.040 Identification of development impacts.
(1) Impact Identification Required. Before a development is given approval or is
allowed to proceed, the City shall identify all impacts of the development, if any.
(2) Impact Criteria. The City shall consider but not be limited to the following items
in identifying or quantifying an impact, to the extent the items applicable are to the development:
(a) The provisions of the Port Orchard Municipal Code, the capital
improvement plan, or any other adopted City plan.
Ordinance 193
Exhibit A
(b) Technical documents which discuss or analyze public facilities or services
or adopted City plans.
(c) Pre -development versus post -development demands upon public facilities
and services.
(c) Impact of the development on the size, number, capacity, condition,
availability, proximity or other characteristics of public facilities and services.
(d) Likelihood that an impact from a development, when aggregated with
impacts of future development in the immediate vicinity, will require mitigation due to its
cumulative effect.
(e) Nature, quantity, cost, identified completion date, if any, and pro rata
share if applicable, of contributions, improvements or dedications to public facilities and
services, including those offered or suggested by the applicant.
(f) Likelihood that the development will benefit from or use public facilities
and services.
(g) Existing or planned alternatives for financing capital improvements.
(h) Whether the development furthers the public health, safety and general
welfare.
(i) Likelihood of City growth through annexation of areas adjacent to the
development.
0) Whether impacts have been previously mitigated, in whole or in part.
(k) Any other criteria useful for identifying and quantifying impacts deemed
relevant by the City.
(3) Identification Cost. The cost of any special investigation, analysis or report
necessary for an identification of impacts related to any development shall be borne by the
applicant.
16.70.050 Mitigation review — alternatives.
(1) Mitigation of Impacts Required. The City shall not give a development approval
unless satisfactory provisions have been made to mitigate identified impacts and such provisions
meet the policies and goals of this chapter and of the City's development regulations.
(2) Review. The City shall review the identified impacts and any proposed
alternatives for mitigating such impacts to determine whether the policies and goals of this
chapter and of the City's development regulations can be met.
(3) Mitigation Alternatives. The following alternatives or any combination, either on -
site or off -site, may be used as necessary to mitigate or avoid identified impacts. The list is not
exhaustive and does not purport to describe all available and viable alternatives. Other
alternatives may be used as necessary to achieve the policies and goals of this chapter and of the
City's development regulations.
(a) Modification of the development so that identified impacts are avoided.
(b) Dedication of land to the City for public purposes.
(c) Contributions or payments offered by the applicant for use in mitigating
on -site or off -site impacts as authorized under RCW 82.02.020. Contributions pursuant to RCW
82.02.020 shall not be required as a condition of development approval and shall be subject to
the limitations of RCW 82.02.020 as now existing or hereafter amended; provided, however, that
persons entitled to a refund and/or payment of interest may voluntarily and in writing waive their
right to such refund or payment in whole, in part, or for a specified time period to facilitate
Ordinance 194
Exhibit A
completion of the designated improvement. No such waiver shall be required as a condition of
development approval, but when made shall be recorded with the Kitsap County auditor and
shall be binding upon subsequent owners.
(d) Environmental mitigation agreements under the authority of Chapter
43.21C RCW. Such agreements shall not fall within the purview of RCW 82.02.020 and shall be
distinct from voluntary contribution agreements.
(e) Impact fees assessed pursuant to this chapter. Such fees, if assessed, shall
be used only to fund system improvements. Formulas for determining the amount of such fees
will be adopted, from time to time, by ordinance of the City Council.
(f) Contractual arrangements between the applicant and the City permitting
use by the general public of facilities or services within the development.
(g) Contractual arrangements between the applicant and the City whereby the
applicant constructs, funds, or commits to construct or fund public facilities and services which
mitigate identified impacts.
(h) Any contractual agreement, including but not limited to latecomer's
agreement, no protest agreement, maintenance agreement, or funding agreement which mitigates
any identified impact.
(i) Any alternative offered by the applicant which is satisfactory to the City
and has the effect of mitigating identified impacts.
0) If the City determines that identified impacts would be best mitigated on a
regional basis, the City may independently or in conjunction with any other jurisdiction prepare
or have prepared a cost estimate and define a benefit area for the regional improvement. The fair
share of the total costs to be allocated to the proposed development shall then be determined.
16.70.060 Imposition of impact fee.
(1) No building permit shall be issued for a development in a designated service area
as herein defined unless the impact fee is calculated, imposed and collected pursuant to this
chapter.
(2) For single-family/duplex residential subdivisions and short subdivisions
hereinafter approved, the per lot impact fee shall be calculated and assessed at the time of
preliminary plat or short plat approval, noted on the face of the final plat, and collected on a per
lot basis at the time of building permit application; provided, however, if an improvement for
which an impact fee is being collected must be constructed prior to occupancy of any phase of
the development, then the impact fee for said improvement shall be paid at the time of
assessment.
(3) For new multifamily and nonresidential development hereinafter approved, the
impact fee shall be calculated and assessed at the time of site plan approval and collected at the
time of building permit application; provided, however, if an improvement for which an impact
fee is being collected must be constructed prior to occupancy of any phase of the development,
then the impact fee for said improvement shall be paid at the time of assessment. If the nature of
the development is then not sufficiently defined, then calculation and assessment of the impact
fee shall be deferred until the building permit application is submitted. Notwithstanding the
foregoing, the fee may be recalculated for building permit applications filed more than three
years following the date of the applicable preliminary plat, preliminary short plat, or site plan
approval.
Ordinance 195
Exhibit A
(4) For development not necessitating or having previously been granted preliminary
plat, preliminary short plat or site plan approval, the impact fees shall be calculated, assessed and
collected at the time of building permit application.
(5) For development not necessitating a building permit, the impact fee shall be
calculated, assessed and collected at the time of site plan approval.
16.70.070 Establishment of development service areas.
Service areas, which may vary by type of public facility, are to be established.
(1) Such areas will provide a nexus between those paying the fees and receiving the
benefits to ensure that those developments paying impact fees receive substantial benefits.
(2) Service areas may be designated by the City Council, by ordinance or through
amendment to the capital improvement plan upon consideration of the following factors:
(a) The comprehensive plan.
(b) Standards for adequate public facilities incorporated in the capital
improvement plan.
(c) The projections for full development as permitted by land use ordinances
and timing of development.
(d) The need for funding un-programmed capital improvements necessary to
support projected development.
(e) Such other factors as the City may deem relevant.
16.70.080 Calculation of impact fee.
(1) Formulas for determining the amount of the impact fees assessed under this
chapter will be adopted, from time to time, by ordinance of the City Council. The City Council
shall hold a public hearing before adopting or amending impact fee formulas.
(2) If the development for which approval is sought contains a mix of use, the impact
fee must be separately calculated for each type of use.
(3) Upon application by the developer supported by studies and data, the impact fee
may be reduced or eliminated if it is shown that either:
(a) The formulae adopted by the City Council do not accurately reflect the
impact; or
(b) Due to unusual circumstances:
(i) Facility improvements identified for the applicable service are not
reasonably related to the proposed development, or
(ii) Such facility improvements will not reasonably benefit the
proposed development.
(4) Prior to making an application for any development approval, an applicant, upon
payment of the applicable fee may request an impact fee determination, which determination
shall be based upon information supplied by the applicant sufficient to permit calculation of the
impact fee. The impact fee determination shall be binding upon the City for a period of six
months unless there is a material change in either the development proposal or this chapter. The
fee for a binding pre -application impact fee determination shall be not less than $50.00. The fee
shall be the actual cost of making the determination, including all legal, administrative,
engineering and planning fees, and shall be paid before the written determination is provided to
the applicant.
Ordinance 196
Exhibit A
16.70.090 Impact fee exemptions.
Developments owned or operated, in whole or in part, by the City shall be exempt from the
requirement for payment of impact fees; provided, however, the impact fee for an exempt
development shall be calculated as provided for herein and paid with public funds by including
such amounts in the public share system improvements undertaken within the applicable service
area.
16.70.100 Impact fee credits.
(1) The developer shall be entitled to a credit against the applicable impact fee for the
present value of any dedication of land, for improvement to or new construction of any system
improvements provided by the developer (or the developer's predecessor in interest) to facilities
that are/were identified in the capital improvement plan and that are required by the City as a
condition of approval for the immediate development proposal, if such prior dedication,
improvement or construction is located within the same service area as the immediate
development proposal.
(2) The amount of the credit shall be determined at the time of building permit
issuance (or site plan approval where no building permit is required). In the event the amount of
the credit is calculated to be greater than the amount of the impact fee due, the developer may
apply such excess credit toward impact fees imposed on other developments within the same
service area; provided, however, if the improvement is one for which a latecomer's agreement
would be authorized, then the developer shall only be entitled to a latecomer's agreement.
16.70.110 Appeals.
The determination of the development approval authority as to the applicability and amount of
and/or credit or discount against an impact fee shall be appealable as provided for in this section.
(1) The determination of the development approval authority shall be appealable to
the hearing examiner. Such appeal may be perfected by the proponent or any aggrieved party by
giving notice to the City clerk within 10 days of the decision being appealed. Review by the
hearing examiner shall be on a de novo basis.
(2) The notice of appeal shall be made upon a form to be supplied by the Planning
Department. A nonrefundable fee of $250.00 shall be paid at the time the notice of appeal is
submitted. A hearing shall then be scheduled before the hearing examiner within 30 days of the
filing of the notice of appeal and appeal fee.
(3) The decision of the hearing examiner shall be in writing and shall include findings
of fact and conclusions to support the decision.
(4) The decision of the hearing examiner shall be final unless, within 21 calendar
days, a party of record files and serves upon the City and all affected parties a petition for review
under the Land Use Petition Act with the Kitsap County Superior Court.
16.70.120 Impact mitigation fee fund.
(1) There is hereby created a fund to be known as the impact mitigation fee fund. The
City treasurer shall establish separate accounts within such fund and maintain records for each
such account whereby impact fees collected can be segregated by type of facility and by service
area. All interest shall be retained in the account and expended for the purposes for which the
impact fees were imposed.
Ordinance 197
Exhibit A
(2) By April of each year, the City treasurer shall provide a report for the previous
calendar year on each impact fee account showing the source and amount of moneys collected,
earned, or received and system improvements that were financed in whole or in part by impact
fees.
16.70.130 Expenditures.
Impact fees for system improvements shall be expended only in conformance with the capital
improvement. Impact fees shall be expended or encumbered for a permissible use within six
years of receipt, unless there exists an extraordinary and compelling reason for fees to be held
longer than six years. Such extraordinary and compelling reasons shall be identified in written
findings by the City Council.
16.70.140 Refunds.
(1) The current owner of property in which an impact fee has been paid may receive a
refund of such fee if the City fails to expend or encumber the impact fees within six years or
when the fees were paid or such other period of time established pursuant to this section on
public facilities intended to benefit the development activity for which the impact fees were paid.
In determining whether impact fees have been encumbered, impact fees shall be considered
encumbered on a first in, first out basis. The current owner likewise may receive a proportionate
refund where the public funding of applicable service area projects by the end of such six -year
period has been insufficient to satisfy the ratio of public to private funding for such service area
as established in the capital improvement plan. The City shall notify potential claimants by first
class mail deposited with the United States Postal Service addressed to the last known address of
claimants.
(2) The request for refund money must be submitted to the City Council in writing
within one year of the date the right to claim a refund arises or the date the notice is given,
whichever is later. Any impact fees that are not expended within these time limitations, and for
which no application for refund has been made within this one-year period, shall be retained and
expended on the indicated capital improvements. Refunds of impact fees under this subsection
shall include interest earned on the impact fees.
(3) A developer may request and shall receive a refund, including interest earned on
the impact fees, when the building permit for which the impact fee has been paid has lapsed for
non -commencement of construction.
16.70.150 Impact fee as additional and supplemental requirement.
The impact fee is additional and supplemental to, and not in substitution of, any other
requirements imposed by the City on the development of land or the issuance of building
permits; provided, that any other such City development regulation which would require the
developer to undertake dedication or construction of a facility contained within the City capital
improvement plan shall be imposed only if the developer is given a credit against impact fees as
provided for in Section 16.70.100.
Ordinance 198
Exhibit A
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.
16.72.100
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 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,
Ordinance 199
Exhibit A
safety and welfare bears a substantial relation to such withholding, denial or revocation of
permits or uses.
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 Planning Director or the Planning Director's 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.
Ordinance 200
Exhibit A
16.72.100 Short subdivision — application.
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 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;
(g) Seal and signature of professional land surveyor who prepared drawings.
(This requirement may be waived by the City Engineer.)
(5) The proposed source of water and means of sewage disposal. The City Engineer
shall have the proposed short subdivision reviewed to assure that all lots conform to all state and
local requirements. 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. 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.
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.
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 — re -subdivision requirements.
(1) The area included in an approved short subdivision shall not be further subdivided
in any manner within a period of five years from when the final plat has been approved and filed.
Ordinance 201
Exhibit A
(2) The City Engineer 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 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 that 5 business days before
the public hearing. The staff report shall provide an analysis of the application, and
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.
Ordinance 202
Exhibit A
(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 14 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 Engineer 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 after 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.
Ordinance 203
Exhibit A
(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 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 43.21C.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
Ordinance 204
Exhibit A
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.
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 after 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
Ordinance 205
Exhibit A
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.
Ordinance 206
Exhibit A
Chapter 16.80
PLANNED LOW IMPACT DEVELOPMENT (PLID) - ALTERNATIVE
DEVELOPMENT REGULATIONS
Sections:
16.80.005 Voluntary compliance.
16.80.010 Purpose.
16.80.020 LID design criteria.
16.80.030 Permitted uses.
16.80.040 Design and development standards.
16.80.050 Conformance.
16.80.060 General design criteria.
16.80.070 Site assessment.
16.80.080 Native vegetation areas.
16.80.090 Native soil protection and amendment.
16.80.100 Clustering.
16.80.110 Residential densities.
16.80.120 Lot sizes, lot width, building height, setbacks and improvement coverage.
16.80.130 Circulation, access and parking.
16.80.140 Parking.
16.80.150 Impervious and pervious surfacing methods.
16.80.160 Drainage and land alteration.
16.80.170 Site assessment and concept plan.
16.80.180 Preliminary meeting.
16.80.190 Information submittal.
16.80.200 General provisions.
16.80.210 Textual information.
16.80.220 Site plan and supporting maps and graphics.
16.80.230 Supplemental information.
16.80.300 Planned low impact development procedure.
16.80.310 Review Process
16.80.320 Pre -application conference.
16.80.330 Additional required findings.
16.80.340 Installation of improvements.
16.80.350 Final review and approval.
16.80.360 Control of the development after completion.
16.80.005 Voluntary compliance
Compliance with the provisions of this Chapter is voluntary, but encouraged. In lieu of the
development regulations set forth in other chapters of the Land Use Regulatory Code, an
applicant may choose to comply with the provisions of this Chapter.
16.80.010 Purpose.
This chapter is enacted with a goal of retaining the critical functions of a forest including
evapotranspiration and infiltration after site development such that effective impervious surfaces
Ordinance 207
Exhibit A
are substantially reduced. As part of meeting this goal, this chapter is intended to fulfill the
following purposes:
(1) Provide those developing land the opportunity to demonstrate substantial
reduction in effective impervious surfaces.
(2) Improve the conditions of habitat and ground and surface waters within a
watershed with innovative urban residential design and development techniques.
(3) Foster broad community acceptance of the use of significantly less impervious
surface and greater natural habitat conservation on sites.
(4) Provide the opportunity to identify and evaluate potential substantive changes to
land use development regulations which support and improve natural functions of watersheds.
(5) Manage stormwater through a land development strategy that emphasizes
conservation and use of on -site natural features integrated with engineered, small-scale
hydrologic controls to more closely mimic predevelopment hydrologic conditions.
(6) Encourage creative and coordinated site planning, the conservation of natural
conditions and features, the use of appropriate new technologies and techniques, and the efficient
layout of streets, utility networks and other public improvements.
(7) Minimize impervious surfaces and effective impervious surfaces.
(8) Encourage the creation or preservation of permanent forested open space.
(9) Encourage development of residential environments that are harmonious with on -
site and off -site natural and built environments.
(10) Further the goals and the implementation of the policies of the comprehensive
land use plan.
16.80.020 LID design criteria.
Conformance to the following criteria is required for all development reviewed under the
provisions of this chapter:
(1) LID projects shall meet the minimum peak and duration flow control standards
per the Department of Ecology Stormwater Management Manual for Western Washington,
current edition.
(2) Flow control facilities may be reduced in size through compliance with LID
Technical Guidance Manual (Puget Sound Action Team, 2005) Section 7.2.2 for all or part of the
development site.
(3) Water quality treatment BMPs shall be provided to treat 91 percent of the annual
runoff volume per the Department of Ecology standards.
(4) All site soils disturbed during construction shall be rehabilitated to the
specifications of Integrated Management Practice 6.2 of the LID Technical Guidance Manual for
Puget Sound (Puget Sound Action Team, 2005).
(5) After the certificate of occupancy is issued, there shall be no net increase in
effective impervious surfaces for all PLID projects.
(6) All projects with Type A (outwash) soils shall infiltrate 100-percent of runoff.
(7) All projects shall provide a maintenance plan/program that has been approved by
the City, including source control BMPs.
Ordinance 208
Exhibit A
Pond Reduction
Pond Reduction
Native
Maximum
(Infiltration <
(Infiltration of >
Vegetation
Impervious
TABLE 16.80.020-1
0.30 in/hr or
0.30 in/hr or more)
Area
Surface Area 4
less) 1'2
1,2
Urban Residential <
6.1 Dwelling Units
50%
60%
35%
See Table
per Acre
16.80.020-2
Urban Residential >
See Table
6.1 Dwelling Units
50%
60%
20%
16.80.020-2
per Acre
Multi -Family '
40%
1 80%
20%
70%
Commercial
40%
80%
1 10%
70%
(a) The volume reduction in the table represents a reduction as compared to
the volume needed for a detention pond serving a standard development.
(b) Infiltration rates are as measured in the field at the proposed LID location
using techniques recommended in the Stormwater Management Manual for Western Washington
and the LID Technical Guidance Manual for Puget Sound (Puget Sound Action Team, 2005).
(c) Native Vegetation Area includes native, undisturbed areas or rehabilitation
of previously disturbed areas. Native Vegetation Area may integrate passive recreation facilities.
Active recreation areas shall not count towards Native Vegetation Area total as defined under
POMC 16.80.080.
(d) See POMC Section 16.80.150.A for definitions of impervious areas.
(e) Multi -family projects are those projects containing more than four
dwelling units attached in a single structure, regardless of ownership mechanism.
(f) Multi -family and commercial projects must use pervious pavement for at
least 20 percent of all paved surfaces.
TABLE 16.80.020-2
Maximum Percent Impervious Area based on Residential
Density
Dwelling Units Per Acre
Maximum % Impervious
<_1.4 du/ac
10%
1.5-2.4 du/ac
15%
2.5-3.4 du/ac
20%
3.5-4.9 du/ac
30%
5.0-6.9 du/ac
35%
7.0-9.9 du/ac
40%
>_ 10.0 du/ac or greater
60%
16.80.030 Permitted uses.
Uses allowed in a planned low impact development shall include permitted, accessory and
conditional uses allowed in and subject to the conditions of the underlying zone district(s).
16.80.040 Design and development standards.
(Reserved)
Ordinance 209
Exhibit A
16.80.050 Conformance.
All uses and development shall conform to all relevant requirements and standards of:
(1) The zone district(s) within which the planned low impact development is located,
except as may be modified by this chapter;
(2) The International Building and Fire Codes;
Port Orchard Land Use Regulatory Code where it does not conflict with the standards and
requirements of this chapter; and
(3) Other applicable official controls.
16.80.060 General design criteria.
(1) The location of all streets, buildings, parking areas, pedestrian, bicycle and
vehicular ways, and utility easements shall be designed to promote public safety, compatibility
of uses, minimize effective impervious surface, preserve forested open space, and complement
predevelopment site characteristics such as topography, soils, hydrology, and other natural
features.
(2) PLIDs that are not accompanied by a concurrent subdivision or short subdivision
approval, shall record an easement or covenant against the land title to ensure that the low impact
development features are protected.
16.80.070 Site assessment.
Low impact development site design is intended to mimic the predevelopment conditions on the
site. The development context shall be established by an initial site assessment consistent with
the requirements of Section POMC 16.80.170. The initial inventory and assessment process will
provide the baseline information necessary to design strategies that preserve natural resources,
preserve areas most appropriate to evaporate, transpire, and infiltrate stormwater, and achieve the
goal of maintaining pre -development natural hydrologic conditions on the site. The assessment
will result in a series of maps identifying streams, lakes, wetlands, buffers, steep slopes, and
other hazard areas, significant wildlife habitat areas, and permeable soils offering the best
available infiltration potential. Maps can be combined as hard copies or as GIS layers to
delineate the best areas to direct development. Designated development areas, which will
contain all impervious surfaces and landscaped areas on the site, should be configured to
minimize soil and vegetation disturbance, buffer critical areas, and take advantage of a site's
natural stormwater processing capabilities. Designated development area boundaries shall be
delineated on site plans and identified on the site during site preparation and construction. Areas
outside of the designated development area envelope shall be designated Native Vegetation
Areas or reserve areas.
16.80.080 Native vegetation areas.
(1) For the purposes of calculating required area, inundated lands shall not be
included; however, other critical areas and their buffers may be included within the Native
Vegetation Area boundaries, so long as they contain existing native vegetation (e.g., a steep
slope with Douglas fir may be counted while one with Himalayan blackberry may not). Land
below an ordinary high water mark shall not be counted towards the required native vegetation.
(2) Native Vegetation Areas shall be forested or reforested.
(a) Native Vegetation Areas that do not contain sufficient tree canopy
coverage shall be planted with native or near native trees with a minimum of one native tree for
every 600 square feet to be replanted. Each tree meeting the minimum replanting size standards
Ordinance 210
Exhibit A
of POMC 16.80.080(2)(c) shall be counted once, regardless of size. This requirement does not
apply to wetlands or delineated wetland buffers. Each tree shall be counted once, regardless of
size. This requirement does not apply to wetlands or delineated wetland buffers.
(b) Native trees are indigenous to the Pacific Northwest or suitable for the
Pacific Northwest climate. A list of recommended native tree species is found under POMC
16.80.120. A survey of existing trees and tree planting plan shall be submitted for review and
approval as required under POMC 16.80.220.
(c) Reforested areas shall be replanted with trees of 2" caliper or greater. A
minimum of 25% replanted trees shall be of deciduous species and a minimum of 25% replanted
trees shall be coniferous species.
(3) Existing native vegetation, forest litter and understory shall be preserved to the
extent possible in the Native Vegetation Areas in order to reduce flow velocities and encourage
sheet flow on the site. Native Vegetation Areas that do not contain sufficient native vegetation,
forest litter and understory shall be replanted.
(4) Development within Native Vegetation Areas shall be limited to stormwater
dispersion facilities, pervious pedestrian trails, and approved surface water restoration projects.
Activities within the Native Vegetation Areas shall be limited to passive recreation, removal of
invasive species, amendment of disturbed soils consistent with all applicable regulations, and
planting of native vegetation. Development shall be consistent with all applicable critical areas
requirements.
(5) A permanent protective mechanism shall be legally established to ensure that the
required Native Vegetation Area is preserved and protected in perpetuity in a form that is
acceptable to both the applicant and the City and filed with the City's auditor's office. A
permanent Native Vegetation Area shall be established using one of the following mechanisms.
(a) Placement in a separate non -building tract owned in common by all lots
within the subdivision;
(b) Covered by a protective easement or public or private land trust
dedication;
(c) Preserved through an appropriate permanent protective mechanism that
provides the same level of permanent protection as subsection 1 of this section as determined by
the approval authority.
(6) Restrictions on the future use of the Native Vegetation Area shall be recorded on
the face of the final plat or short plat.
16.80.090 Native soil protection and amendment.
(1) The duff layer and native top soils shall be retained in an undisturbed state to the
maximum extent practicable. Any duff layer or topsoil removed during grading shall be
stockpiled on -site in a designated, controlled area not adjacent to public resources and critical
areas. The material shall be reapplied to other portions of the site where feasible.
(2) Except as otherwise provided in subsection (3), areas that have been cleared and
graded or subject to prior disturbance shall be amended. Prior disturbance shall include soil
compaction or removal of some or all of the duff layer or underlying topsoil. The amendment
shall take place between May 1 and October 1. Replaced topsoil shall be a minimum of 8 inch
depth, unless the applicant demonstrates that a different thickness will provide conditions
equivalent to the soil moisture holding capacity native to the site. Replaced topsoil shall have an
organic content of 10 percent dry weight and a pH between 5.5 and 7.0. The intent of amending
Ordinance 211
Exhibit A
disturbed soils is to restore the moisture holding capacity of the original undisturbed native soil
to the maximum extent practicable.
(3) This section does not apply to areas would harm existing trees proposed for
retention, or that, at project completion, are covered by an impervious surface, incorporated into
a drainage facility or engineered as structural fill or slope.
16.80.100 Clustering.
(1) To achieve the goals of low impact development, residential lots shall be
clustered within the designated development area of the site. Clustering is intended to preserve
open space, reduce total impervious surface area, and minimize development impacts on critical
areas and associated buffers, as defined in POMC Chapter 16.40. Preservation of open space
reduces potential stormwater runoff and associated impacts and provides area for dispersion,
filtration and infiltration of stormwater.
(2) The arrangement of clustered building lots shall be designed to avoid
development forms commonly known as linear, straight-line or highway strip patterns.
16.80.110 Residential densities.
All approved PLID projects will be eligible for a residential density incentive of 10 percent.
16.80.120 Lot size, lot width, building height, impervious coverage.
Modifications to the standards below are allowed through the PLID process. PLID projects must
meet all other requirements of the Port Orchard Municipal Code.
(1) Lot size. Design objective: Minimize area of site disturbance. The minimum lot
size of the underlying zone district may be modified to achieve the goals in Section 16.80.010
POMC.
(2) Lot width. Design objective: Minimize street length. The minimum lot width of
the underlying zone district may be modified to achieve the goals in Section 16.80.010 POMC.
(3) Building height. Design objective: Minimize building footprint. Building height
may exceed the standard in the underlying zone to a maximum of 35 feet; provided that the
project design protects adjacent uses both inside and outside of the PLID from adverse impacts
on privacy, light, air and significant public views. If in excess of 35 feet, the maximum height in
the underlying zoning shall apply.
(4) Building setbacks. Design objective: Minimize impervious surfaces. The
setbacks of the zone may be modified to achieve the goals in Section POMC 16.80.010.
16.80.130 Circulation and access.
(1) Circulation and access provisions shall be appropriate to the scale of the project
and to anticipated traffic characteristics, and consistent with the requirements of Port Orchard
road standards. Deviations from the Port Orchard Public Works standards may be granted
subject to the following criteria:
(a) Approval by the Port Orchard Public Works Department and City Fire Marshal;
(b) A bio-retention swale with compost amended soils shall be provided within the
right-of-way or in islands created by loop roadways.
(2) Loop roadways are encouraged to minimize impervious surfaces and facilitate
emergency vehicle access.
Ordinance 212
Exhibit A
16.80.140 Parking.
Parking shall conform to the requirements of Chapter 16.45.
16.80.150 Impervious and pervious surfacing methods.
(1) Impervious area includes all hard surfaces that impede infiltration of rainfall into
the underlying soil profile. These surfaces include but are not limited to compacted soil, asphalt
concrete pavement, cement concrete pavement, roofs, and gravel paved areas. Green roofs and
minimal excavation foundations, subject to conformance with applicable Department of Ecology
BMPs, are not included in the total impervious area. Rainwater harvesting systems based on
documented water balance may be used to reduce the calculated total impervious area.
Permeable pavement systems such as modular grid pavement or pervious concrete count against
the impervious surface totals only to the extent indicated by Section 7.1.1 of the LID Technical
Guidance Manual for Puget Sound (Puget Sound Action Team, 2005).
(2) Alternative surfacing includes, but is not limited to: paving blocks, turf block,
pervious concrete, porous asphalt, and other similar approved materials are encouraged.
Alternative surfacing methods may be approved for parking areas, emergency parking areas,
private roads, fire lanes, road shoulders, bike paths, walkways, patios, driveways, and easement
service roads unless site constraints make use of such materials detrimental to water quality.
Utilization of alternative surfacing methods shall be subject to review and approval by the Port
Orchard Public Works Department and Fire Marshal for compliance with other applicable
regulations and development standards. Surfaces that comply with this section shall not be
considered impervious surfaces under Section 16.80.020 POMC.
16.80.160 Drainage and land alteration.
(1) Land alteration may commence when in compliance with the City of Port Orchard
site development regulations.
(2) Drainage plans and improvements shall be in compliance with City of Port
Orchard drainage standards. Alternative BMPs not specifically referenced in the City of Port
Orchard standards may be considered subject to approval by the City of Port Orchard Public
Works Department.
16.80.170 Site assessment and concept plan.
The site design process for a Planned Low Impact Development begins with an in-depth site
assessment. The site assessment shall be a component of the project submittal. The site
assessment shall include, at a minimum, the following:
(1) A survey prepared by a registered land surveyor, registered civil engineer or other
professional licensed to conduct surveys showing existing public and private development,
including utility infrastructure, on and adjacent to the site, major and minor hydrologic features,
including seeps, springs, closed depression areas, drainage swales, and contours as follows:
(a) Up to 10 percent slopes, two -foot contours.
(b) Over 10 percent to less than 20 percent slopes, five-foot contours.
(c) Twenty percent or greater slopes, 10-foot contours.
(d) Spot elevations shall be at 25 foot intervals.
(2) Location of all existing lot lines, lease areas and easements, and the location of all
proposed lot lines, lease areas, and easements.
(3) A soils report prepared by a licensed geotechnical engineer or licensed
engineering geologist. The report shall identify:
Ordinance 213
Exhibit A
(a) Underlying soils on the site utilizing soil pits and soil grain analysis to
assess infiltration capability on site. The frequency and distribution of soil pits shall be adequate
to direct placement of the roads and structures away from soils that can most effectively infiltrate
stormwater.
(b) Topologic features that may act as natural stormwater storage or
conveyance and underlying soils that provide opportunities for storage and partial infiltration.
(c) Depth to groundwater.
(d) Geologic hazard areas and associated buffer requirements as defined in the
adopted Port Orchard Critical Areas Ordinance.
(4) A survey of existing native vegetation cover by a licensed landscape architect,
arborist, qualified biologist identifying any forest areas on the site, species and condition of
ground cover and shrub layer, and tree species, and canopy cover.
(5) A survey of wildlife habitat by a qualified biologist.
(6) A streams, wetland, and water body survey and classification report by a qualified
biologist showing wetland and buffer boundaries consistent with the requirements of the adopted
Port Orchard Critical Areas Ordinance, if present.
(7) Flood hazard areas on or adjacent to the site, if present.
(8) Aquifer and wellhead protection areas on or adjacent to the site, if present.
(9) Any known historic, archaeological, and cultural features located on or adjacent
to the site, if present.
16.80.180 Preliminary meeting.
Following completion of the site assessment and concept plan and prior to a pre -application
conference, applicants are encouraged to meet with City staff to discuss existing conditions and
conceptual plans for designated development areas, Native Vegetation Areas, proposed lot and
roadway configurations, and preliminary stormwater management design.
16.80.190 Information submittal.
The information required in the following sections shall be submitted with planned low impact
development applications.
16.80.200 General provisions.
(1) Information submitted for initial review can be an approximate description
indicating the general nature of the proposal. Data shall be based on the applicant's best
knowledge or intent of the proposal and shall be sufficiently clear to demonstrate how the project
complies with the provisions of this chapter.
(2) The City shall have the authority to waive any portion of the information
requirements herein; provided, that the information has been included with a previous rezone
request, approved permit or concept plan, and the present PLID application is consistent with the
previous action to the extent that the subject data is applicable.
16.80.210 Textual information.
The applicant must respond to each of the items below but the response may include estimates or
approximations where exact figures are not known at the time of the pre -application conference.
All estimates should be based on the applicant's best knowledge and intent of the proposal.
When estimates or approximations are used they must be identified as such. The applicant should
Ordinance 214
Exhibit A
be aware that any estimates or approximations provided may be used to set development
conditions or thresholds.
(1) General Data.
(a) The title and location of the proposed development, together with the
names, addresses and telephone numbers of the record owner or owners of the land and the
application, and, if applicable, the names, addresses and telephone numbers of any architect,
planner, designer or engineer responsible for the preparation of the plan, and of any authorized
representative of the applicant.
(b) The legal description of the subject property.
(c) Identify, if known, all special service districts, including fire, school (for
residential projects only), drainage and flood control in which the site is located.
(d) Documentation of site conditions of all applicable areas reviewed in the
site assessment.
(e) Description of the proposed PLID including:
(i) Total gross area of the site;
(ii) Total area of reserve area;
(iii) Total project area (total gross site area minus total reserve area);
(iv) Total area of designated development area;
(v) Total area of Native Vegetation Areas;
(vi) Total units proposed;
(vii) Proposed number of dwelling units by type;
(viii) Lot sizes and dimensions;
(ix) Total area of impervious surfacing;
(x) Proposed ownership of land areas within the PLID both during and
after construction;
(xi) Gross density of dwelling units;
(xii) Requested dimensional modifications;
(xiii) Development schedule indicating the approximate date when
construction of the PLID or stages of the PLID can be expected to begin and be
completed.
(f) Copy of all existing deeds, restrictive covenants, or other legal restrictions
which apply to the project site. The applicant may submit a copy of any proposed restrictive
covenants that have been drafted.
(g) The names and addresses of all property owners within 300 feet of the site
taken from the latest equalized tax roles.
(h) Preliminary drainage report as described in the City of Port Orchard
Public Works Standards.
16.80.220 Site plan and supporting maps and graphics.
An initial site plan and any supporting graphics, narrative descriptions and maps to show existing
conditions and major details of the proposed PLID. The initial site plan and supporting graphics
and maps in combination shall provide a level of detail appropriate to the scale of the project and
sufficient to demonstrate how the project complies with the provisions of this chapter.
(1) Proposed name of the development, north point, scale, date and address, and
telephone number of the preparer of the site plan/supporting maps.
Ordinance 215
Exhibit A
(2) All information included in the site assessment in Section 16.80.170 POMC,
should be provided at a legible scale appropriate to the area covered by the proposal at the
discretion of the City.
(3) Designated development areas.
(4) Native Vegetation Areas.
(5) Reserve areas.
(6) Areas of disturbed soils to be amended.
(7) The existing and proposed circulation system of arterial, collector and/or local
streets, including right-of-way street widths, off-street parking areas, and major points of access
to public rights -of -way (including major point of ingress and egress to the development).
Notations of proposed ownership, public or private, shall be included where appropriate.
(8) Location and width of existing and proposed sidewalks and trails.
(9) Proposed lots and dimensions.
(10) For residential structures, provide the types and number of residential units in
each structure or the range of residential structures proposed together with the range of the type
and number of units per structure.
(11) For nonresidential buildings, the gross floor area of each building.
(12) The location and square footage or approximate location and square footage or
acreage of all areas of all areas to be conveyed, dedicated or reserved as common open spaces,
public parks, recreational areas, school sites, and similar public and semi-public uses with
notations of proposed ownership included where appropriate.
(13) Landscaping and open space improvements plan or concept.
(14) The proposed treatment of the perimeter of the PLID, including materials and
techniques used such as screens, fences and walls.
(15) The location of existing and proposed utilities including sanitary sewers, water
lines and storm drainage facilities intended to serve the development.
(16) Existing zoning and Comprehensive Plan boundaries for the site and adjacent
property.
(17) Information of contiguous properties within 300 feet of the proposed PLID
including:
(a) Existing and, if known, proposed land use and streets; and
(b) Existing structures excluding accessory buildings, ownership tracts and
unique natural features of the landscape, if readily accessible.
(18) A vicinity map showing the location of the site and its relationship to surrounding
areas, including existing streets, major physiographic and cultural features such as railroads,
lakes, streams, shorelines, schools, parks or other prominent features.
(19) Landscape plan, including a survey of existing trees and a tree planting plan for
Native Vegetation Areas.
16.80.230 Supplemental information.
(1) A completed environmental checklist; except that if the applicant has agreed in
writing to the preparation of an environmental impact statement, no checklist shall be required.
(2) Letters of water and/or sewer availability where water and/or sanitation service is
to be obtained from an existing public system, including a water association.
(3) Where a new water system is proposed, include the source of the water, the
estimated amount of water available from a ground water or surface water source, the status of
water rights application, and the general location and size of the proposed pipe and other major
Ordinance 216
Exhibit A
appurtenances for development of community or public systems. The description shall also
include improvements for fire protection.
(4) A description of the sanitation facilities which shall include the method of
sanitation and, where applicable, the location of community on -site sewage waste disposal
systems, location of soil log holes, percolation rate data, and the general location and size of
proposed pipe and other major appurtenances. Where on -site sanitation systems are proposed, the
applicant shall provide evidence demonstrating the suitability of all lots or any single lot.
Percolation tests shall be performed under the direction of a licensed hydrologist, sanitarian or
engineer.
(5) One copy of the water and sanitation information, particularly the soil log hole
and percolation rate data, is recommended to be submitted directly to the health department prior
to submittal of the planned low impact development.
(6) A traffic study if required by the department of public works at the pre -
application conference. The traffic study does not need to be submitted with the application if an
environmental impact statement is being prepared for the project and a traffic study will be
completed for the EIS.
(7) The proposed method of providing long-term maintenance of improvements or
facilities, including roads and sidewalks, drainage, on -site fire protection improvements, water
and sanitation systems, and community or public open space. The purpose of this paragraph is to
generally identify the method of maintenance and not to require detailed agreements.
(a) If to be maintained by a governmental jurisdiction or existing water
association, a letter from the jurisdiction or association shall be submitted specifying acceptance
of maintenance responsibility and indicating the conditions, if any, upon which the acceptance is
contingent.
(b) If the maintenance is to be provided privately, the developer shall indicate
the organization to provide the maintenance and the method and approximate amount of funding
required therefore.
(c) Draft instruments for permanent preservation of Native Vegetation Areas
and maintenance of low impact drainage facilities.
16.80.300 Planned low impact development procedure.
All PLID applications shall be reviewed and approved or disapproved pursuant the procedures
contained in this title, and the Public Works Standards.
16.80.310 Review Process
(Reserved)
16.80.320 Pre -application conference.
(1) An applicant shall request a pre -application conference to be held prior to
submission of an application and which should take place prior to any detail work. The developer
or representative shall be prepared to present to the designated enforcing officer and the SEPA
official conceptual sketches which contain in rough and approximate manner adequate
information to describe the proposal in relation to topics listed below. The conference shall be
scheduled after the land use division of planning and development services receives sufficient
copies of information from the applicant to distribute to the technical committee and the SEPA
official. All information presented by the developer shall be considered confidential. The
purpose of the conference is to enable the developer to consult with the technical committee and
Ordinance 217
Exhibit A
SEPA official as to the intent, standards and provisions of this title, other applicable land use
controls, and SEPA as they apply to the proposed project. It is also the purpose of this
conference to identify as many potential problems and opportunities as possible in order for the
application to be processed without delay or undue expense. Discussion will include the
following topics:
(a) City Comprehensive Plan;
(b) Zoning;
(c) Shoreline Master Program;
(d) Any adopted street and road plan and/or program;
(e) Availability of water and sanitation;
(f) Development and design concepts, including designated development
areas, Native Vegetation Areas, critical areas and buffers, lot layout, and circulation and access;
(g) Overall low impact strategy for addressing storm drainage and design and
maintenance requirements for specific techniques;
(h) Sidewalk requirements;
(i) Bike paths and internal pedestrian system;
0) Public transportation requirements;
(k) Off -site requirements such as sidewalks, street lights, traffic signals,
utilities or improvements of adjacent streets;
(1) Fire protection;
(m) Maintenance provisions;
(n) Known hazards and additional information as required by POMC
16.80.230 including any required approvals by Department of Ecology for projects located
within flood control zones;
(o) Environmental impact to the development and other issues related to
SEPA requirements;
(p) Other City requirements and permits;
(q) Identification of other local, state and federal agencies which may also
have jurisdiction; and
(r) Identification of adjacent lands owned by the applicant and possible future
development thereof.
(2) Pre -application reviews as provided by this section shall not be construed to bind
either the applicant or the City in any respect. Further, the information requested at the pre -
application conference for application submittal shall not preclude the City from requiring
additional information or clarification of materials after submittal.
16.80.330 Additional required findings.
The approval body shall review the planned low impact development for the following required
findings in addition to any other findings required through the development process:
(1) Adequate maintenance provisions for public and private facilities and
improvements have been established;
(2) Legal mechanisms for permanent preservation of Native Vegetation Areas have
been recorded.
16.80.340 Installation of improvements.
Upon receipt of initial approval, the applicant may proceed with the installation of improvements
required by the planned low impact development pursuant to the following:
Ordinance 218
Exhibit A
(1) The applicant shall submit detailed engineering plans developed consistent with
adopted City standards for the construction of roads, bridges, utilities, drainage works and other
required improvements. In addition, the applicant shall also submit a land alteration control plan
consistent with adopted land alteration standards and this chapter.
(2) Land alteration and construction activities shall commence only when the land
alteration control plan and engineering plans for the appropriate improvement have been
approved by the City Engineer and by any other departments or agencies having jurisdiction. The
City Engineer shall act on the plans within 14 days after acceptance of a completed set of plans
from the applicant.
(3) All improvements shall be built to applicable standards in force at the time of
initial PLID application submittal.
(4) All construction of water and sewer systems shall be done under supervision of a
licensed civil engineer. The City Engineer may waive this requirement.
(5) Any condition of initial approval requiring accomplishment of such
improvements as drainage or development of the source of water supply prior to other
construction shall be strictly complied with, and no other construction shall proceed until any
such condition is discharged to the satisfaction of the City Engineer, health department or other
agency, as indicated in the condition.
(6) Where facilities or improvements are proposed to be maintained by lessees,
renters or property owners, a workable organization shall be established to guarantee
maintenance of such facilities.
16.80.350 Final review and approval.
Prior to receiving a certificate of occupancy, the applicant shall submit a final development plan.
16.80.360 Control of the development after completion.
The final development plan shall continue to control the planned low impact development after it
is finished and the following shall apply:
(1) The building official in issuing a certificate of completion of the planned low
impact development shall note the issuance on the filed final development plan.
(2) After the certificate of completion has been issued, the use of the land and the
construction, modification or alteration of a building or structure within the planned low impact
development shall be governed by the approved final development plan.
(3) After the certificate of completion has been issued, no change shall be made in
development contrary to the approved final development plan without approval of an amendment
to the plan except as follows:
(a) Minor modifications of existing buildings or structures or the creation of
additional impervious surface may be authorized by the City, upon consultation with the
technical committee, if they are consistent with the purposes, intent and restrictions of the final
plan.
(b) A building or structure that is totally or substantially destroyed may be
reconstructed without approval of an amended planned low impact development if it is in
compliance with the purpose and intent of the final development plan.
Ordinance 219
Exhibit A