044-21 - Ordinance - Amending Chapter 20.12 Definitions and 20.39 Use ProvisionsORDINANCE NO. O4p,.2L
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDTNG CHAPTER 20.12 (DEFIN|T|ONSI AND CHAPTER 20.39
(usE PROVTSTONS) OF THE PORT ORCHARD MUNtCtpAL CODE;
PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABTISHING AN EFFECTIVE DATE.
WHEREAS, on March L2,2079, the City Council adopted Title 20 (Unified Land Use and Development
Code) of the Port Orchard Municipal Code (POMC), Ord. 011-19, containing the City of Port Orchard's
land use, zoning and permitting regulations; and
WHEREAS, the City Council desires to amend POMC Chapter 20.12 (Definitions) and POMC
Chapter 20.39 (Use Provisions) in order to allow the Congregate Living Facilities residential use to be
allowed as a conditional use in the Residential 2 (R2) zone, in addition to the other zones in which it
is currently permitted; and
WHEREAS, the proposed amendments to POMC Chapter 2O.L2 and Chapter 20.39 were
reviewed by the City Council's Land Use Committee on July L, 202L; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 60-day expedited
review on july 2L,2O2L; and
WHEREAS, on July 28,202L, the City's SEPA official issued a determination of nonsignificance
for the proposed amendments, which was published and provided to the public in accordance with
POMC 20.160.190 and WAC 1-97-11-510, and there have been no appeals; and
WHEREAS, on August 24, 202L, the City issued a Notice of Public Hearing for the proposed
amendments to POMC Chapter 2O.L2 and Chapter 20.39, which was published and provided to the
public in accordance with POMC 20.25.050; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of this
Ordinance on September7,2O2L, and recommended adoption bythe City Council; and
WHEREAS, the proposed amendments to POMC Chapter 2O.L2 and Chapter 20.39 were
considered by the City Council at the work-study meeting on Septemb er 2L,202L; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent
with the City's Comprehensive Plan and development regulations, the Growth Management Act,
Chapter 36.704 RCW, and that the amendments herein are in the best interests of the residents of
Ordinance No.044-21
Page 2 of 3
the City and further advance the public health, safety and welfare; now, therefore,
THE CITY COUNCIT OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated as
if fully set forth herein.
SECTION 2. POMC 20.12 Definitions - New Definition Added. The following new
definition is added to Port Orchard Municipal Code Section 20.12.010:
"Congregate Living Facilities" means a building or part thereof that contains sleeping units where
nontransient residents share bathroom or kitchen facilities, or both. "Nontransient" with respect to
congregate living facility use means occupancy of a sleeping unit for not less than 30 days at a
time. Congregate living facilities shall be located in a countywide center as designated in the City's
Comprehensive Plan, shall be in a location that is within a Ll4 mile radius of a transit route or that is
served by demand-responsive transit service, shall have 24-hour resident management with
responsibility for the operations and maintenance of the facility, and shall not provide medical care or
social welfare services onsite.
SECTION 3. POMC 20.39 Use Provisions - Amended, The Congregate Living Facilities
residential use in POMC 20.39.040 (Use Table) is hereby amended to read as follows:
SECTION 4. Conflict. ln the event of a conflict between this Ordinance, and any
Ordinance or regulation of the City, the provisions of this Ordinance shall control, except that the
provisions of the City's critical areas code, shoreline master program or any lnternational Building Code
shall supersede.
SECTION 5. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance, including but
not limited to the correction of scrivener's/clerical errors, references, ordinance numbering,
section/subsection numbers, and any reference thereto.
sEcTtoN 5.Severability lf 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.
Use Category Specific Use R1 R2 R3 14 R5 R6 GB RMU NMU CMU DMU GMU BPMU cc CH IF tl HI cl PR PF
Defini
lion
fStanda
'ds
Congregate living facilities c c c c c P c
Ordinance No.044-21
Page 3 of 3
SECIION 7. Effective Date. This ordinance shall be published in the official
newspaper of the city and shall take full force and effect five (5) days after the date of publication. A
summary of this ordinance in the form of the ordinance title may be published in lieu of publishing
the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the
City Clerk in authentication of such passage this 28th day of September 2021.
Robert P u, Mayor
ATTEST
Bra yR nearson, MMC, City Clerk
APPROVED AS TO FORM SPONSOR
€"4:f-r-**
Charlotte A. Archer, City Attorney Scott Diener, Councilmember
PUBLISHED: October t, 2O2I
EFFECTIVE DATE: October 6,2OZL