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HomeMy WebLinkAbout05/29/96 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA MAY 2_~9 1996 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. NONE 3. ~LAIMS/CHECK REGISTERS 4. ~OUNCIL MENRER REPORTS 5. MAYOR'S REPORT PUBLIC RECOGNITION -- (Comments Limited to 3 NEW BUSINESS A. Department Of Community Development Budget Adjustment For Professional Services B. Professional Services Agreement - YWCA A.L.I.V.E. Domestic Violence Program C. Appointment Of Richard E. McConaughy To The Civil Service Commission D. Emergency Purchase Of Replacement Police Vehicles (CONTINUED NEXT PAGE) Minutes) #AB96-109 #AB96-110 ~ #AB96-111 i ~ #AB96-112 15 ORDINANCES A. Ordinance #4553 (Second Reading), Amendment To B.M.C. Chapter 1310 - Municipal Tree Ordinance Ordinance #4556 (Second Reading) Establishing #AB96-107 The Office Of Risk Management And Safety Within The Department Of Administrative Services And Amending Chapter 2.92 Of The Bremerton Municipal Code Ordinance #4557 (Second Reading) Amending three Chapters Of The Official Zoning Ordinance Consistent With The Comprehensive Plan And To Meet GMA Requirement #AB96-108 AGENDA BILL BREMERTON CITY COUNCIL BUDGET ADJUSTMENT REQUEST EQUIPMENT RENTAL RESERVE FUND -~' and GENERAL FUND -- -~ ~j~r~ FOR AGENDA OF: May 29, 1996 ORIGINATING DEPT.: TREASURER ORIGINATOR:R. HANNA ~ DATE SUBMITTED: May 29, 1996 Comment of back if necessary) 3. EXHIBITS: BUDGET ADJUSTMENT REQUEST 96-17 ENDORSEMENTS MAYOR INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTA COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This adjustment will allow the replacement of five patrol cars which were unexpectedly removed from front-line service for mechanical reasons. The adjustment further provides for the replacement of three staff cars in the Fire Department at the same time to maintain standardization within the fleet. Necessary money is available in the Equipment Rental Fund for the purchase of the Fire Department cars. The Police Department cars will be purchased by the General Fund. 8 M ATI · Motion to approve Budget Adjustment Request No. 96-17 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Treasurer Mayor 12/31/96 N/A PULLED CO NCIL DIRECTIVE: TABLED. 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. AGENDA BILL NO: AMENDED __ ?. 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The Police Department will operate for the balance of the year with out five vehicles, Purchase will be requested in the 1997 budget. _6, IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: As indicated in the attached document. 7, RESEARCH SOURCES: State Bidding Documents Fleet Maintenance Review Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST No. 96-17 TRANSPORTATION DEPT. - GENERAL FUND and EQUIPMENT RENT -SOURCE OF FUNDS: Beginning Cash Sale of Old Cars Amount 100,000 25.000 Total 125,000 Decrease: Reduce Ending Cash 60,000 Sale of Old Cars 15.000 Total 75,000 USE OF FUNDS: Description Amount New Patrol Cars 125,000 New Fire Cars 75,000 This adjustment will provide expenditure authority necessary to allow for the replacement of five police cars which were unexpectedly removed from front line service for mechanical reasons. Staff wishes to replace three Fire Dept. cars at the same time to maintain standardization within the fleet. Department Head Signature _ ,'reasurer Comments: Date ~ ~' -Direb~or Signature ~/ Date ~'commended Mayor Comments: Not Recommended- .......... -~ ~-~-~_ Trea s u rer's-Sig n"ature Date Recommended ~-~ Not Recommended Approved ~ Denied Fiscal & Budget Committee Comments: M~yo~s Signature Date Recommended Approved Not Recommended Denied Fis~"a[& B'udg~Cbr~r:nittee Signature Date AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: May 29, 1996 1. ~UB|ECT: Department of Community Development Budget ORIGINATING DEPT: Community. Dev. · ORIGINATOR: D~on Pratt Adjustment--Professional Servtces DATE SUBMITTED: May 23, 1996 2. CLEARANCES: (Comment on back if 3. EXHIBITS: necessary) City Treas'-ret' ~ ~ 1. Budget Adjustment Request Council Operations: ~ ENDORSEMENTS(' INFOtLMATION__ APPROVED BY COUNCIL pR.~DENT FOR SUB...~....M_ ITTAL: .~. %~f~ COUNCIL PRESIDENT . . .... 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Due to the loss of one full-time employee who filled the Building Official position and one full-time employee who filled the Building and Development Specialist I position, two county employees were hired on a temporary basis to fill the voids in the Building Department. One of these county employees was subsequently hired to fill the Building and Development Specialist 1 position as a full-time permanent employee. The cost of her temporary rime while still on the county payroll was $2,741. The second employee works as a building inspector for Bremerton DCD and will continue to do so until the remaining vacancy at DCD is filled. To date, the cost for these professional services is $4,146. In addition, plan reviews for building permits wbich were not able to be performed by DCD staff during this dine period were submitted to an outside engineering firm at a cost of $1,200. Approval of this budget adjustment would move unexpended funds from salaries to the professional services category, which would then be used to pay these costs. RECOMMENDATION: It is recommended that Council approve Budget Adjustment Request 96-13. 9. RESPONSIBLE OFFICIAL: Donald L. Pratt ENFORCEMENT OFFICIAL: N/A. EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: Use of d~e interagency agreement between Kitsap County and d~e City of Bremerton would be discontinued immediately. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Loss of building inspection services provided by the county would create a manpower shortage and would result in lower level of customer service. RESEARCH SOURCES: N/A Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST COMMUNITY DEVELOPM~ENT SOURCE OF FUNDS: Regular Salaries 524.2016-51010 Amount $15,ooo USE OF FUNDS: Professional Services 524.2016-54110 Amount $15,000 NARRATIVE: Due to the loss of one full-time employee who filled the Building Official position, two county employees were hired on a temporary basis to fill the void in the Building Department. One of these county employees was subsequently hired as a full time permanent employee of DCD. The cost of her temporary time while still on the county payroll. Has $2,741. The second employee works as an inspector for Bremerton DCD and will continue to do so until vacancies at DCD are filled. To date, the cost for these professional services is $4146. In addition~ plan reviews for buildin~ Del~mits which were not shim to by DCD st~du~i~Ft~s~ime period were submitted to an outside engineering firm, at $1200.00. De_artme~.~.l;~.~att~'t;~ate /~/~Z~?~ Director Signature ~ Dat~'~ Treasurer Comments: .~-~'~ecommended Not Recommended Treasurer's Signature Date Mayor Comments: ___]Recommended / Approved Not Recommended Denied Fiscal & Budget Committee Comments: M~yor's Signature Date Recommended Approved ~ Not Recommended [---] Denied Fiscal'& Budget' CCmmittee Signature AGENDA BILL BREMERTON CITY COUNCIL ~jj~: Professional Services Agreement; YWCA ALIVE Domestic violence Program FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: PAUL Du ~RESNE 04-25-96 (comment on back ., 3. 2. ~: if necessa~~ City Attorney Director of Administrative Services City Treasurer .- ENDORSEMENTX INFORMATION APPROVED BY COUNCIL p~L: 4. SUl~/43%RY STATEMENT AND REOUIREMENT FOR COUNCII5 ACTION: Using a State of Washington Department of Community Development criminal Justice Funding Grant provided to the City of Bremerton, the YWCA ALIVE Program will provide 24-hour-a-day crisis intervention, safe shelter, legal advocacy, support groups, parenting classes, community education and children's programming for women and their children who are victims of domestic violence in an effort to bring them out of crisis and into a healthier, more manageable lifestyle. CITY coUNCIL APPROVE this Professional Services Agreement and authorize the Mayor to sign. 9. RESPONSIBLE OFFICIAL: ~ ENFORCEMENT OFFICIAL: EXPIRATION DATE: 12-31-96 REVIEW DATE: PULLED __ TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED DATE: AMENDED__ 11. AGENDA BILL NO: 4. ~UMMARY STATEMENT (cont.%: 5. ~MPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES STATE OF WASHINGTON OFFICE OF CRIME VICTIMS ADVOCACY 906 Columbia St SW · PO Box 48300 * Olympia WA 98504-8300 (360) 753-1123 · 1.800-822-10(~7 April25,1996 Dear STOP Grant Commumty Contact: This letter is to infoma you of federal budget decisions that will impact your community's STOP Grant apphcation process. Because a 1996 federal budget has not been passed, the government has been operating under Confining Resolutions since October of 1995. These Confinning Resolutions did not provide for full 1996 funding levels for the STOP Grant until January of 1996. Therefore, we have been informed by the federal VAWA office that full FFY 1996 funding for the STOP Grant cannot be guaranteed, and that the timeline for award of these funds to the states is yet to be determined. This affects local community planinng efforts in several ways. First, the amount of money listed for each county on pages 19 & 20 of the STOP Grant Application Workbook is no longer accurate. While we still anticipate receiving FFY 1996 funds at some point, the amount could be as low as $500,000 or as high as $2.3 million. This means the amount distributed to each county could either b,e significantly higher or lower, depending on the amount awarded to Washington State. Secondly, the June 15th deadline for applications will have to be modified. Many of you may already be working on budgets as you receive this letter. If your community has reached this point, you may want to pause in your process until we inform you of the accurate amount of funds to be distributed to your county. If your community is still brainstorming ideas and prioritizing projects, you may want to continue your process, and then wait for the new funding' information before making final choices about your projects. Thirdly, for those communities who have already submitted applications we will hold approved applications until we receive the correct award amount from the federal level. At Otis time, each community will have an opportunity to revise their applications ffthe new amount of STOP Grant funds affects their choice of projects. We here in the OCVA office share your frustration with these budgetary complications, and will keep you updated as we receive further information from the VAWA office. We sincerely hope that this delay in funding will not lessen your enthusiasm for the goals of the STOP Grant, nor diminish your commitment to ending violence ng~in~t women in your community. If I can answer any questions, or provide you with any additional information, please do not hesitate to call me. Sincerely, Program Manager Violence Against Women Grant Administered by the Department of Community, Trade and Economic Development MEMORANDUM Date: April 22, 1996 To: CHIEF PAUL DuFRESNE From: LYNN DRAKE, DUI TASK FORCE¢'~ Re: ALIVE SHELTER DCD GRANT GREETINGS, CHIEF. I have spoken with Les Pope who verbally confirmed the grant was approved and funding will be coming to the city and I have confirmed this via telephone from Tedd Kelleher, DCD., project manager. Specified under quarterly distributions, we will receive the funding at the end of April, July, October and January 97. Les advised there is no billing for the funds, they will be automatically sent at the specified times. Mr. Kelleher confirmed the funding is based on collections and the estimated amount for the year will be $19,660. I hope this will clarify the status of the grant and if you have any further questions please contact me or Mr. Kelleher can be reached at 360-753-2200. -7 PROFESSIONAL SERVICES AGREEMENT ALIVE DOMESTIC VIOLENCE PROGRAM THIS AGREEMENT is between the city of Bremerton, a municipal corporation (hereinafter referred to as "city") and YWCA - ALIVE PROGRAM, (hereinafter referred to as "YWCA"). W I T N E S S E T H: 1. SCOPE: Using criminal justice funding provided to the City of Bremerton by the State of Washington Department of Community Development, the YWCA ALIVE Program will provide 24 hour a day crisis intervention, safe shelter, legal advocacy, support groups, parenting classes, community education and children's programming for women and their children who are victims of domestic violence in an effort to bring them out of crisis and into a healthier, more manageable lifestyle. The ALIVE Program will initiate daily contact with the Bremerton Police Department for a list of victim referrals so early intervention can be made. The ALIVE Program advocate will explain the legal process and provide direction for protection orders and accompany victims of domestic violence through criminal and civil proceedings. The advocate will also provide the victim with education and advocacy based education on the nature, scope and dynamics of domestic violence. A city of Bremerton based support group will be established and will meet at least once a week. 2. TERM: Contract shall commence on January 1, 1996 and will terminate December 31, 1996. 3. COMPENSATION: city shall pay YWCA the sum of Nineteen Thousand Eight Hundred Five Dollars ($19,805.00) for the services provided hereunder. The source of this compensation shall be a grant to the City from the State of Washington Department of Community Development and the City shall not be obligated to compensate YWCA in excess of the amount received from the Department of Community Development for this purpose. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that YWCA is a firm skilled in matters pertaining to domestic violence counselling and will perform independent functions and responsibilities in the area of its particular field of expertise. YWCA and its personnel shall act as independent contractors and not employees of the city. As such they have no authority to bind the city nor control employees of the City, contractors, or other entities. Within the performance of these duties, YWCA shall work under the direction of the Chief of Police. 5. INDUSTRIAL INSURANCE: YWCA agrees to provide for State industrial insurance coverage for its personnel as required by PROFESSIONAL SERVICES AGREEMENT --1- YWCA.AA ~ Disk 13 - 4115196 State law. 6. LICENSE AND TAXES: YWCA shall possess a current Bremerton Business License and any regulatory license required to fulfill YWCA's obligations under this Agreement. B & O taxes shall be paid when due and YWCA, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, YWCA shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by YWCA under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. YWCA agrees to defend, indemnify and save harmless the city, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of YWCA its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the city is judicially found solely negligent for such damage or injury. S. GENERAL CONDITIONS: a. Reports and Information - YWCA, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. These reports shall include: (a) Monthly statistical reports to the Chief of police; (b) Quarterly financial reports to the Chief of Police; and (c) a survey of police officers, prosecutors and judges for evaluation of the program's overall success. YWCA will maintain accounting records in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. PROFESSIONAL SERVICES AGREEMENT -2- YWCA.AA - Disk 13 - 4115196 b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to YWCA or by YWCA to the City shall be in writing and delivered to the parties at the following addresses: City Clerk YWCA 239 Fourth St. P.O. Box 559 Bremerton, WA. 98337 Bremerton, WA. 98337 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - YWCA agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: YWCA shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, city will be entitled to reports showing the status of all matters upon which YWCA is advising the City as of the effective date of PROFESSIONAL SERVICES AGREEMENT -3- YWCA.MA - Disk 13 - 4/15/96 termination. IN WITNESS WHEREOF the parties hereto have Agreement the date and year indicated. YWCA - ALIVE PROGRAM executed this Date: BY: BY: CITY OF BREMERTON Date: BY: LYNN HORTON, Mayor DEPARTMENTAL APPROVAL: PAUL L. DuFRESNE, Chief of Police APPROVED AS TO FORM: IAN R. SIEVERS, city Attorney PROFESSIONAL SERVICES AGREEMENT -4- AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: FOR AGENDA OF: Mav 29, I996 Appointment to the Civil Service Commission ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: May 23, 1996 2. g~: (comment on back if necessary) Application for Appointment ENDORSEMENT __~ INFO~{ATION __ APPROVED BY COUNCIL~-~ENT FOR SUBMITTAL: 4. SUM~3d~Y STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: There is a vacancy on the Civil Service Commission. It is recommended Richard E. McConaughy be appointed to fill the vacancy. Motion to confirm the appointment of Richard E. McConaughy to the Civil Service Commission. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED DATE: AMENDED 2. CLEARANCE CCMMENTS: 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: R : 7. C UR NOTE: ~.I.TY OF BREMERTQN APPLIOATION FOR CITY BOARDSICOMMI$S~ONS/COIVIMffTEE (Plalsa type or p~Int c~oerly) NAME:__?ichar~ ~. _M¢Conaushy , HOME ADDRESS: 2938 Pawne.e_~Drivg, As an applicant for a City 13card, Commission or Commit:ac, your name. eddraaa, anti . telephone number will be available to the press and public. You will any i~o~ ~1 taken on your DATE~ March 15r 1996 .... PHONE:~%6 0-,~f,~- 717 ~..__ OCCUPATION;__ EDUCATION:_.___ B. remer ton, WA ~8310 ?h.D. college Student ,Per,on,riel Ad~ninip.t. rat~on - PROFESSiONAL/COMMUNITY ACTIVITIES: Ki~Sap Community Actio~,,Program (KCAP) B?ard .- Vice Pr~.sJdeu~; oLYmpic ~iou~tai~ ........... Rescue (OMR}r. Member; }9v Scouts of ~a~rtca - vari~ ...... 'LO~AL REFERENOE8 {namo · phons number): '~ , ~AP Dtrec~r~ 478-2301 Mike Connolly, O.C. Dean of Business Services 478~4534 Hoyt Keeney, O.C. Dean.~f Students 478-~_84.6 _.. . ..... AM [NT~REBTED iN EERVING ON (pisses cheo~ one or more}: Oisabili~ A=tlon C~I~ee { ) planning Com~ss[on Osble ~ommunl=mt]o.s Advlso~ C~mmltt~e ( ~ Parking AgvlS~ community Div~lopment Brook Gran~ { ) Advllow Oomml~ee ( I y~ ~un~ { I Safe St~. 8:eating Committee { ) Solid Waste Management Bremsrton Houaing Authority Board of Appalls, Hou~lngiBu~dln~ Special Gommln~ i~ need~ la thla an applio~ti0n for raappointmant? ~o If yea, how many yeare hev~ you earved- on this commlsslonlcomm~ttae? PLEASE RETURN TO: Ms¥or'$ Office 238 4th Street Bremerton, WA 88337 61gn.ture Applloltiont be reviewed parlodic=tl¥ to de,ermine =ontlnued awllab111ty. Additional pertinent Information may be put on baok. i~[.' AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Emergency purchase of replacement police cars FOR AGENDA OF: May 29, 1996 ORIGINATING DEPT: Transportation ORIGINATOR: Jim Orton, Fleet Mgr. DATE SUBMITTED: May 23, 1996 2. CLEARANCES: CITY TREASURER PW DIRECTOR POLICE CHIEF FLEET MANAGER Icomment on back if necessary) >, 3. EXHIBITS: Ct t ENDORSEMENT~R__ INFO~TION__ APPROVED BY COUNCIL PRESID~/~F~/k SUBM~.~._.~_~._.~TTAL: ~Yo~ ~A~ %ah COUNCIL PRESIDENT~//~ 4. SUPS~L~RY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Proposed puchase is for replacement of (5) 1991 - 1992 chevrolet caprice vehicles which are no longer suitable for police duty due to unexpected cracks in the frame. No longer available as line cars. Purchase price of the (5) vehicles is $~87~50 plus tax. 8. RECOP~4ENDATION: Approve the purchase of new police vehicles. 9.RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Shortage of 5 vehicles to provide police protection for the community. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: AGENDA BILL BREMERTON CITSf COUNCIL 0rdinanceLRepealing Chapter SUBJECT:~3.10 Of The B.M.C. And Adopting A New Chapter Providing For Planting, Removal, Maintenance Of Municipal Trees And Shrubs FOR AGENDA OF:May 15, 1996 ORIGINATING DEPT: Parks Dept. ORIGINATORS:B.Lorber/J.Trainer DATE SUBMI'~r~D:May 7, 1996 City Cle r RNDORSEMENT_ __INFO MATION.__ CLED~RANCES: on : (Co~m,~nt ba~ 3. EXt{IBITS if necessa_ry) lj , Revised Ordinance Public Work/Ops~ City Tree Policy Community Dev. City Engineer Director PW/Utility ~ City Attorney Parks Fiscal and Budget Operations-. AI~PROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SU~R~hARY STATEMENT AND REOUIRJ~4ENT FOR COUNCIL ACTION: The existing Tree Ordinance was last updated in 1989. The current chan~es more clearly define individual, city, and city department responsibilities, and eliminate the need for citizen Street Tree Permits. Pruning practices are clearly identified and should help preserve tree health and appearance. The final major changes is in simplifyin~ the ordinance by removin~ repetitive abatement verba~e that is already in place in C~apter 11.16. This Ordinance Revision incorporates the views and inputs of Engineering, Public Work, Operations, the City Attorney, Parks and Recreation, and the Tree Committee. The revised Ordinance received additional review at the April Traffic Safety Committee meeting. ~, RECO~9~ENDATION: Approve revision to the Bremerton Municipal Code.) Municipal Tree Ordinance (Chapter 13~10 of the TO ~ASS ORDINANCE ON SECOND READING. 9. RESPONSIBLE OFFICIAL: P~rks & Rec. EI~FORCEMER~T OFFICIAL: jim $p~nc~r EXPIRATION DATE: Qngoing REVIEW DATE: N/A T~L~ COUNCIL DI~CTI~: 10. NOTICE OF ACTION APPROVED DISAPPROVED 1¸7 DATE: 11. - /0 / 2. CLEARANCE C0~4ENTS: o IMPACT OF NON-PASSAGE: ~he current ordinance is cumbersome and would remain in affect. The Street Tree permit process is not being followed, and confusion abounds as to who is responsible for which municipal trees and who makes determination on tree health and hazards. Failure to approve the Ordinance revisions will perpetuate the "gray area" of tree responsibility and care. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES City Departments are following the responsibility matrix shown in the attached City Tree Policy. This policy is consistent with the requirements of the revised Municipal Tree Ordinance. RE EAR : City Attorney, Parks Urban Forester, Recreation and City of Bremerton Parks & ORDINANCE AN ORDINANCE repealing Chapter 13.10 of the Bremerton Municipal Code and adopting a new Chapter regulating the planting, removal, maintenance, and protection of municipal trees and shrubs directly affecting public areas in the City of Bremerton, Kitsap County, Washington. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Repeal/New Chapter. Chapter 13.10MUNICIPAL TREES, is hereby repealed and a new Chapter 13.10, MUNICIPAL TREES, ia adopted to read as follows: 13.10.010 PURPOSE. It is the policy of the City of Bremerton, to regulate and control planting, removal, maintenance and protection of trees and shrubs on public areas of the City to eliminate and guard against dangerous conditions which may result in injury to persons using public areas of the City; to promote and enhance the beauty of the City; to prevent damage to any overhead or underground utilities, street, sidewalk or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal and maintenance practices; to guard all trees and shrubs on public areas against the spread of disease and pests; and to increase public awareness of tree benefits and proper planting and maintenance practices through education. The provisions of this ordinance shall apply to: 1) all trees and shrubs presently or hereafter planted in or upon any public area; and 2) all trees and shrubs planted in or upon any private premises which directly affect overhead and underground utilities, sidewalks, streets, public property, or cause unsafe viewing distances. 13.10.020 DEFINITIONS. (a) "Public area" shall include all public streets, roads, boulevards, sidewalks, planter strips, city-owned rights of way, parks, and the lands owned or leased by the city which are accessible to the public but not including municipal utility watershed or forest lands. TREE.JRC - Ordinance Disk 2 - 5/10/96 da) "Municipal trees and/or shrubs" shall include all woody vegetation presently or hereafter planted on any public areas. (c) "Maintenance" and "Protection" shall include but not be limited to all operations of watering, pruning, spraying, bracing, inspection and other actions necessary to the health and aesthetics of the tree or shrub. (d) "Hazardous tree or shrub" shall be defined as any tree or shrub or part thereof growing on private or public property which: obstructs or impairs the free and full use of a public area, interferes with overhead or underground utilities, is afflicted with or weakened by a contagious or fatal disease, causes unsafe viewing distances, blocks or impedes usage of street or sidewalk, or presents an imminent and foreseeable danger to persons or property. 13.10.030 RESPONSIBILITY FOR MUNICIPAL TREES. (a) Private property owners will be responsible for the maintenance and liability of municipal trees adjacent to their property that have been planted by the owner or prior owner, or for which responsibility has been assumed by the owner through agreement with the City. (b) Private property owners may prune municipal trees adjacent to their property after approval is received from the city urban forester. (c) Property owners and/or occupants are responsible for notifying Engineering in the case that a municipal tree or shrub adjacent to their property space is creating a hazard, so that remedial actions can be taken. (d) Private groups may arrange for the planting or maintenance of areas of municipal trees under the authorization of the Parks and Recreation Department. 13.10.040 DAMAGE TO TREES AND SHRUBS. No person shall in any public area TREE.JRC - Ordinance Disk 2 - 5/10/96 2 of the City, break, injure, mutilate, kill or destroy any tree or shrub; permit any animal under his or her control to do so; prune without Parks and Recreation Department approval; permit any fire to injure any portion of any tree or shrub; permit any toxic chemical to seep, drain, or be emptied on or about any tree or shrub. During building operations the builder shall erect suitable protective barriers around municipal trees and shrubs which may be injured. Persons responsible for damage to trees on public areas shall be penalized pursuant to the Bremerton Municipal Code Section 13.04.180 regarding damage to park property, and Section 13.04.040. 13.10.050 FASTENING MATERIALS TO TREES OR SHRUBS. No person shall fasten any sign, rope, wire, or other materials to, around, or through any municipal tree or shrub without obtaining permission from the Parks and Recreation Department, except in emergencies such as storms or accidents, pursuant to Section 13.04.030 of the Bremerton Municipal Code. 13.10.060 PUBLIC UTILITIES. Public utility work affecting trees or shrubs on public areas shall be limited to the actual necessities of the services of the company and such work shall be done in a neat and professional manner. The utility shall notify the Parks and Recreation Department of any plans for maintenance on public areas and consult with the Parks and Recreation Department should any trees need to be topped or removed so that they may suggest ways to preserve the beauty or symmetry of the tree and keep removals to a minimum. 13.10.070 MASTER STREET TREE PLAN. A Master Street Tree Plan shall be developed by the Parks and Recreation Department for park and Central Business District trees. It will be based upon an inventory of existing municipal trees in these areas and an evaluation of the site and space factors which will aid in the determination of those trees best suited for Bremerton's urban environment and result in the development of a long-range plan for future TREE.JRC- Ordh~:mce Disk 2 - 5/10/96 planting and maintenance. 13.10.080 PLANTING, PRUNING, REMOVAL, AND MAINTENANCE STANDARDS. The following standards are hereby established for the planting, pruning, removal, and maintenance of municipal trees and shrubs in the public areas of the City: (a) Planting: (1) All trees will be not less than one and one half inch caliper and be No. 1 grade, as described by the American Association of Nurserymen (AAN). (2) No tree or shrub shall be planted closer than two feet from the curb line or 10 feet from a driveway or alley. Trees shall be spaced at intervals of at least 20 feet depending upon species and the expected height of the tree at maturity. Plantings at or near intersections shall be spaced in accordance with sight distance specification set by the City Zoning Ordinance. (3) Sidewalk cuts, where necessary, shall be approved by the Engineering Division and will be a minimum of 4 feet in diameter so as to allow the natural percolation of water. Paver blocks, cobblestones or tree grates or other permeable surfaces will be used to fill sidewalk cuts around trees. (4) All young trees, for a minimum of one year, shall be securely staked and guyed until the roots become established. (5) Municipal trees and shrubs planted prior to the passage of this ordinance are exempt from these planting standards. (6) A list of recommended species of municipal trees is available from the Parks and Recreation Department for those desiring to plant municipai trees in city areas adjacent to their properties. Approval of the tree species is required by the city urban forester prior to planting, if it is not on the recommended species list. 4 TREE.JRC - Ordinance Disk 2 - 5110196 (7) Public Education programs regarding tree planting, care and maintenance will be provided by the Parks and Recreation Department in conjunction with Arbor Day festivities each year in April to encourage public involvement in tree planting. Additionally, the Parks and Recreation Department will maintain a tree library available for use by the public. (b) Pruning: Pruning of any municipal tree on any public area must be authorized by the Parks and Recreation Department's city urban forester or performed by City employees at the discretion of the Department. Trees are pruned to preserve their health and appearance, and to eliminate safety and utility concerns, which will increase their longevity in an urban area. (1) Pruning Defined: i. Fine Pruning: removal of dead, diseased, objectionable and/or weak branches on the main trunks and limbs which are larger than 1/2 inch diameter. ii. Medium Pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one inch in diameter. iii. Safety Pruning: removal of the dead, diseased and/or weak branches to a size that in falling would injure a person and/or property. iv. Cut Back to Topping: cutting back, drop crotching or topping consists of the reduction of tops, sides, underbranches or individual limbs with attention given to symmetrical appearance. (2) All trees and shrubs which have branches overhanging a public street or boulevard shall have said branches pruned to a clearance height of fourteen (14) feet. Those overhanging a public sidewalk shall be pruned to a clearance height of eight feet. The provisions of this section may be waived by the Parks and TREE,JRC - Ordinance Disk 2 - 5110196 5 Recreation Department in the case of newly planted trees so long as they do not interfere with public parking, travel or safe viewing distances at intersections, or endanger public safety as determined by the Engineering Division. Any tree or shrub on private property which hangs over a city right of way which is not pruned as herein provided shall be subject to the provisions of Section 13.10.090 of this chapter. (3) All dead wood, stubs, broken branches, badly formed branches, diseased branches, and branches interfering with public travel, lighting, existing buildings and traffic signs shall be removed during the pruning operation, with consideration given to the symmetry and beauty of the municipal tree or shrub. (c) Removal: (1) All municipal trees and shrubs which have fallen or been authorized for removal shall be completely removed from the growing site and disposed of in an authorized manner. The stump shall be ground out to a depth suitable for future planting of trees or turf. (2) When municipal trees or shrubs are removed because of inappropriate location, a more appropriate site for replacement will be selected, when possible, in as close a proximity as spacing permits. Trees removed due to health, age, size for its location, or undesirable species type shall be replaced, when appropriate/available, with a suitable tree or shrub which will not produce the same problem in accordance with this ordinance. (3) No municipal tree or shrub shall be removed from any public area for the sole purpose of providing a view for any private property or individual. (d) Maintenance: TREE.JRC - Ordinance Disk 2 - 5/10/96 6 (1) All municipal trees in the central business district will receive routine maintenance on a 4 year cycle. (2) Special consideration will be given to the watering, weeding and protection of young trees during the first three years. (3) The use of biological controls and sprays will be encouraged and used by city employees whenever possible in the treatment of insect infestations in trees on city lands and rights of way. 13.10.090 ABATEMENT OF HAZARD TREES OR SHRUBS. On Private Properties - Property owners with trees or shrubs determined to be hazardous or public nuisance to public arms, such as streets and sidewalks, will be handled in accordance with the procedures set forth in Chapter 11.16 of the Bremerton Municipal Code. 13.10.100 APPEAL OF ABATEMENT NOTICE. Appeals of abatement notices shall be handled in accordance with the procedures set forth in Chapter 11.16 of the Bremerton Municipal Code. 13.10. ! 10 COST OF PLANTING, REMOVING, MAINTAINING AND PROTECTING TREES AND SHRUBS. The costs of planting, removing, maintaining and protecting trees and shrubs on all public areas of the city, when done by Parks and Recreation Department and Public Works Department shall be borne by the city out of the Parks and Recreation Department and Public Works Department budgets as assets allow, and from funds donated or grant monies received specifically for that purpose. When a private party plants, removes, maintains or protects trees pursuant to Section 13.10.080, that party shall be responsible for all incurred costs. Section 2. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. TREE.IRC- OrdNance Disk 2 ~ 5/10/96 7 APPROVED by the City Council of the City of Bremerton this __ day of , 1996. 1996. PASSED by the City Council of the City of Bremerton this __ day of APPROVED this __ JOHN E. LAW, Council President day of , 1996. ATTEST: KATHLEEN McCLUSKEY, City Clerk LYNN HORTON, Mayor TREE.JRC - Ordinance Disk 2 - 5/10/96 8 CITY OF BREMERTON Index 2-24 Effective Date May 22, 1996 Approved REFERENCE: City of Bremerton PURPOSE: To identify the tasks and delineate responsibilities for the planting, care, removal, and ongoing maintenance of municipal tree and shrub forestation in the City of Bremerton. INFORMATION: The Urban Forestry Program aims to provide the following benefits to the residents and community of Bremerton: * Beautification * Noise abatement * Air cooling and purification * Property value enhancement * Information to the public on the value and need for healthy community trees and shrubs. POLICY: The matrix below identifies the tasks that are required to support the urban tree and shrub program. For clarification the program has been broken down into the following three areas: 1) Park property 2) Street trees (as defined by the attached map of areas within the Central Business District) and 3) Trees and shrubs within right of ways. The letters on the matrix refer to the following City Departments: P=Parks and Recreation, PWO=Public Works Operations, E=Engineering, CBD--Central Business District. CBD RIGHTS TASKS RESPONSIBILITIES: PARKS TREES OF WAYS Identification of Hazardous Trees: Tree Health P P P Vision Restrictions P/E P/E E/PWO Pedestrian Hazards P/E P/E E/PWO Obstruction or impairment of free use of public areas P/E P/E E/PWO Interferes with underground utilities P/E E E/PWO Tree Removal incl. repair of sidewalks & roads P PWO PWO Tree Replacement (based on availability) P P P Tree and Shrub Pruning p p PWO Median Strip Planter Maintenance P PWO PWO Public Education P P P PROCEDURES: PUBLIC CALLS ON TREE/SHRUB ISSUES: 1. Determine from the matrix above, which department should be responding to the call, based on the location of the tree/shrub. 2. Write all information down on the "Tree Calls" sheet, and if necessary, route to the appropriate department. 3. If consultation is needed on determining plant health, call the Parks Department and request the urban forester's assistance. 4. If a tree/shrub requires pruning, contact the urban forester for consultation on minimizing plant damage and maintaining tree symmetry. DIVISION PROJECTS INVOLVING TREES/SHRUBS: 1. Keep communications open. If assistance is needed to determine the health, pruning, or placement of trees and shrubs, call the urban forester. 2. Consult the attached "Recommended Street Tree List" when purchasing and/or replacing trees. SAMPLE "TREE CALLS" SHEET Caller Name Phone Number Address Zip Type of tree problem: Location of tree: Action requested: Response given: Date: Action taken: Time: Your name: A~ENDA BILL BREMERTON CITY COUNCIL SUBJECT: Risk Management FOR AGENDA OF: May 22, 1996 Ordinance ~/~E~ ORIGINATING DEPT: Admin. Services ORIGINATOR: Kathleen McCluske¥ DATE SUBMITTED: May 2, 1996 2 o CLEARANCES: (comm~n~/~0n back if~4S~ry) Attorney <Ni~ Risk Manager 3. EXHIBITS: ENDORSEMENT/ INFORMATION__ APPROVED BY COUNCIL PRES~DEN~FOR SUBMITTAL: YOR COUNCILP SIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ~CTION: The Attached ordinance implements recommendations contained in the John Haywood (Pacific Risk Management) review of September 1995 as follows: 1. Establish a .~safety program 2. Designation of a safety officer, responsibilities and organizational structure 3. Designate Human Resources Manager to develop and manage return-to- work program 4. A claims management committee is established comprised of the Mayor, City Attorney, Director of Administrative Services, Risk Manager, appropriate department heads and the City's contracted claims adjuster. 5. Levels of settlement authority for litigated and non-litigated claims are established as follows: Risk Manager, non-litigated up to $14,999 city Attorney, litigated up to $14,999 Mayor, Claims Management Committee $15,000 to $49,999 Council Over $50,000 6. Notification of Risk Manager regarding settlements to assure insurance carrier approval. _RECOMMEN_DATI ON: 1~_~._ .- Ve~TR~sk=-~ent-~'--~--~ ~- fir~adi~g 2. Motion to pass Ordinance #m/~-E~ on second reading. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED __ TABLED __ COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED__ DATE: 11. AGENDA BILL NO: .3i 2. ~T.RARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: Risk Management would lack recommended and valuable changes. formal approval to proceed with the 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES The implementation of many of the recommendations will and already has resulted in reduced claims settlements and better claims management. 7. RESEARCH SOURCES: ORDINANCE AN ORDINANCE establishing the Office of Risk Management and Safety within the Department of Administrative Services and amending Chapter 2.92 of the Bremerton Municipal Code. Section 1. Amendment. Section 2.92.010 is hereby amended to read as follows: 2.92.010 CREATED. There is hereby created an Office of Risk Management and Safety within the Department of Administrative Services. The Supervisor of said Office shall be the Risk Manager, who shall report directly to the Ci~' C:c. rk Director of Administrative Services. Section 2. Amendment. Section 2.92.020 is hereby amended to read as follows: 2.92.020 FUNCTIONS. The Office of Risk Management and Safety shall be responsible (1) Loss reduction or prevention where such reduction or prevention is cost effective; (2) Transfer of risks to other parties where feasible through the purchase of insurance, and/or risk retention through a system of self-insurance, in whatever combination is most responsible and cost effective; (3) Coordination and handling of all claims, including workers' compensation claims; and (4) The maintenance of an effective employee safety program within the City. Section 3. Amendment. Section 2.92.030 is hereby amended to read as follows: 2.92.030 RESPONSIBILITY - SAFETY, LOSS REDUCTION, PREVENTION. 1 (1) The Risk Manager shall be responsible for risk identification, analysis and control. Under the direction of the Risk Manager, the Safety Officer shall develop and administer the City's Safety_ Pro.am and ensure compliance with the program by making periodic inspections of City facilities, work sites, and office spaces in regards to employee safety_. The Risk Manager and the Safety Officer have full authority to immediateiv stop any ongoing work when prescribed safety precautions are not being adhered to, or if there are serious concerns for safety until the matter is ~resolved. (2) T~..c ..~.: ....... ~ ............................................. ~ ..... ~ ~---~-~ ....... ~ ..... (2) The Safe~ Officer is not required to be assigned to the Department of Administrative Services. He or she may be assigned to any other department within the City, but when functioninq in that capacity, the Safety Officer will serve under the direction of the Risk Manager. 2 (3) The Safety Officer. throueh the Risk Manager, will make written recommendations regarding employee safety to the appropriate Department Head. Should the Det~artment Head disagree with the Safety Officer, a written response shall be made to the Director of Administrative Services stating the reasons for the disagreement. The Mayor shall make the final decision regarding implementation of any disputed recommendation. (4~ The Safety Officer is responsible for ensuring prot~er safety_ trainine is provided to all City employees and for ensuring that required certifications for employees are kept current. He or she shall also become actively involved in the on-going training prom:ams ~rovided by Human Resources and other departments and ensure that a portion of that training is on Safety_ Awareness and Loss Prevention. (5) The Risk Manager and Safety Officer are permanent members of the City's Safety and Health Committee and shall monitor the Committee to ensure compliance with all applicable WISHA directives, provide input, and offer advice and assistance in helping, the Committee to achieve its stated goals. The Safety Officer shall maintain the file of minutes of each Committee meeting. (6) Risk Manager shall advise and recommend to all City Departments, appropriate contractual clauses providing for indemnity, hold harmless and insurance provisions, and shall review all proposed City contracts, permits and leases to ensure that all contractual provisions relating to indemnity and hold harmless provisions adequately protect the City. (7) Risk Manager shall write interdepartmental rules detailing the procedure to be followed by the office and other departments to ensure accomplishment of the Loss Reduction/Prevention Functions. The Safety Officer is responsible for ensuring compliance with these directives by means of periodic inspections of office spaces, City work sites and review of departmental policies on safety and loss prevention. 35 Section 4. Amendment. Section 2.92.040 is hereby amended to read as follows: 2.92.040 INSURANCE/SELF-INSURANCE PROGRAMS. The Risk Manager is responsible for the design, negotiation, procurement and administration of all insured and/or self- insured programs: (1) The Risk Manager shall determine and recommend the appropriate retention levels and amount of reserves to be established; (2) The Risk Manager shall negotiate with insurance brokers for any type of insurance and may recommend that the City engage the services of such brokers; (3) The Risk Manager shall purchase, with the approval of the ~ Director of Administrative Services and City Council, all insurance policies, funded serf-insurance programs, and related services, and shall administer the same; (4) The Risk Manager shall make an annual report to the City Council regarding insurance coverage and the level of retained risk, and such other reports as are required by Council; (5) The Risk Manager shall write interdepartmental rules to ensure that city departments provide him/her with all information necessary to effectuate the insurance/serf-insuranco function. Section 5. Amendment. Section 2.92.050 is hereby amended to read as follows: 2.92.050 CLAIMS MANAGEMENT - SELF-INSURED WORKERS' COMPENSATION CLAIMS. The Risk Manager, or designee, shall be responsible for the direction and monitoring of all self-insured workers' compensation ciaims to a fair and equitable conclusion. (1) Every employee shall immediately complete the appropriate report form when work- related injury or illness occurs and promptly forward same to the designated supervisor, who is responsible for '~-~...~ ,z~m~Ict~.~n c.~ ~.,~v.va~-~ ........ ~. ~.~v.~: .... ~..~.-~ immediately forwarding to the Risk Manager with any pertinent comments. The Risk Manager shall complete the employer section. 4 (2) The Risk Manager shall coordinate activity on the claim with the claim's administrator, .... who shall be a certified workers' compensation claims administrator as required by law, including time-loss, medical verification, and instruction involving progress of the claim. (3) The Risk Manager shall coordinate with the City Attorney and the Human Resources Manager for retaining such outside expertise as necessary for the resolution of claims. These may include, but are not limited to, doctors, rehabilitation specialists, and investigators. The City Attorney's Office may elect to represent the City in all hearings and/or trials involving workers' compensation claims, or shall appoint outside counsel when appropriate, and coordinated with the Risk Manager. (4) The Human Resources Manager shall develop appropriate return-to-work opportunities for injured employees and, when feasible, will coordinate the implementation of specific return-to- work plans with the department heads involved. (5) The Risk Manager shall write interdepartmental rules detailing procedures to be followed by this office and other departments to ensure equitable claims resolution and compliance with State laws. Section 6. New Section. New Section 2.92.055 is hereby added as follows: 2.92.055 CLAIMS MANAGEMENT COMMITTEE. To assist the Mayor a Claims Management Committee shall be formed comprised of the Mayor, CiW Attorney, Director of Administrative Services, Risk Manager, appropriate department heads, and the Ci _ty's contracted claims adjuster. This committee will review large, litigated, or controversial liability and workers' compensation claims against the City on a not-less-than quarterly basis. The committee's review .shall include: 5 (a) The possibilities for early settlement. Co) Identification of defense and settlement strategies. (c) Identification of defense counsel. (d] Estimation of reserve level necessary for claims resolution. (e) Discussion and clarification of loss control responsibilities and policies. Section 7. Amendment. Section 2.92.060 is hereby amended to read as follows: 2.92.060 CLAIMS MANAGEMENT - NONLITIGATION CLAIMS. The Risk Manager or designee shall be responsible for the succmssful conclusion of all nonlitigation claims by or against the City. (1) The Director of Administrative Services shall be designated by the City Council to receive all claims. He/she shall forward to the Risk Manager all nonlltigation claims naming the City and/or its officers or employees, which claim(s) allege that said officers or employees, acting within the scope of their duties, caused the claimant damages. (~) All city departments, dMsions a~d other city agencies sha~ report ~ediately to the Risk Manager the occurrence of any accident or incident which may give rise to a claim by or against the city to ensure prompt investigation of the incident. (3) The Risk Manager shall initiate and/or coordinate the investigation of all norditigation claims. The Risk Manager may employ, subject to Ccunc'2 the Mayor's approval, the services of claims specialists. All investigation of nonlitigation claims and potential claims shall be conducted 6 as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule. (4) The Risk Manager shall have the authority to ~ ...... deny ........ ~,.2c.n...h.'no~: ~ of negotiate the settlement of any claim to an amount not to exceed $14,999 subject to the approval of the Director of Administrative Services. (5) For all nonl/t~gaUon clauns ..................... k..-a.~a ~.~ar:, of $15,000 or more, the Risk Manager shall provide '~:"' ^ ....... ' the v..a ......... ~ Clawas Management Committee with a written recommendation that the nonlitigation claim be accepted or denied and the reasons therefor. Such written recommendation shall be accompanied by a copy of the investigative file. Upon request of the .~Ly .....rn~j Claims Management Committee, the Risk Manager shall coordinate additional investigation of the claim. The r~:...~..j .A.~...~j ........ Mayor_ shall have the authority to accept or deny the clan-n, prowded, however, that ....... ~, ......................... ~ .... a ...... ....... ~, .................... rJ ......~ ....... r ..................... r, ...... claim, claim payments in excess of $49,999 shall be subject to approval by the Ci_ty Council. (6) The Risk Manager shall maintain complete histories of all nonlitigation claims reported to the Office of Risk Management and Safety, and investigation thereof sufficient to document at least a five-year claims history. (7) The Risk Manager shall write interdepartmental rules detailing the procedures to be followed by the office and other departments to ensure efficient accomplishment of the nonlitigation claims management function. 7 Section 8. Amendment. Section 2.92.070 is hereby amended to read as follows: 2.92.070 CLAIMS MANAGEMENT - LITIGATION CLAIMS. (1) Service of process on the Mayor, Mayor's designee or City Clerk shall constitute service on the City. No other city official or employee may accept service of a summons and/or complaint unless such official or employee is specdically named in the lawsuit. T- (2) The Mayor, Mayor's designee or City Clerk or defendant employee, upon accepting service of the summons and/or complaint, shall deliver copies to the '~:"' "~-]' Director of Administrative Services for distribution to the Risk Manager and City Attorney. (3) The Risk Manager shall transmit copies of the lawsuit to the affected department and/or individual and, where appropriate, to the insurance company or representative. The Risk Manager shall advise the city attorney's office, in writing, of the insured status of the lawsuit. (4) The Risk Manager shall initiate and/or coordinate the investigation of all lawsuits which may be insured against involving the City and/or its officials/employees. The Risk Manager may employ, subject to Counc~ Mayor's approval, the services of claims specialists. All investigation of lawsuits shall be conducted as the agent of the City Attorney, and protected by the attorney-client privilege and attorney work product rule. (5) Upon completion of the investigation, or at any time requested by the City Attorney, the Risk Manager shall surrender the investigative file to the City Attorney. Upon request of the City Attorney, the Risk Manager shall coordinate additional investigation of the lawsuit. The City_ Attorney shall have the authority to authorize settlements up to $14,999. (7) For all litigated claims of $15,000 or more, the City Attorney shall provide the Claims Management Committee with a written recommendation that the litigated claim be accepted or denied and the reasons therefor. Such written recommendation shall be accompanied by a copy of the investigative file. Upon request of the Claims Management Committee, the risk manager shall coordinate additional investigation of the claim. The Mayor shall have the authority to accept or deny the claim, provided however that settlement payments in excess of $49,999 shall be subject to approval by the City Council. (8) The City Attorney shall maintain complete histories of all lawsuits sufficient to document at least a five-year history of same. Section 9. New Section. New Section 2.92.075 is added as follows: 2.92.075 CLAIMS NEGOTIATION, DISCUSSION, AND REPORTING. (1) Except as specifically directed by the Risk Manager, Mayor or City Attorney, no city department, division, or other city agency, and no city official or employee, acting individually or collectively, may engage in the following acts: (a) Negotiate or othe~vise effect the settlement of a claim or lawsuit involving the city; (b) Discuss with persons other than the Risk Manager, Mayor~ City Attorney, or persons authorized by the Risk Manager, Mayor or City Attorney, incidents which could reasonably lead to a claim or lawsuit against the city; provided, however, that the employee may discuss the incident with his/her supervisor. (.2) Prior to any formal settlement offer, the Risk Manager shall be advised, in writing, of all proposed settlements of claims and lawsuits against the City. The Risk Manager shall seek approval of its excess insurers, in conformance with the provisions of any insurance policies applicable to the claim or lawsuit. In the event the insurer does not provide necessary settlement approval, no settlement shall be made without the Mayor's written approval and acknowledgment that the City's insurers have withheld approval. The City Attorney shall provide the Risk Manager with a written copy of the final disposition of the lawsuit. (3) The Risk Manager, on or before January 20th of the subsequent year, shall report to the council the total number and amount of all claims filed against the city and the number and amounts of all claims or lawsuits paid by the city during the preceding calendar year. Section 10. Amendment. Section 2.92.080 is hereby amended to read as follows: 2.92.080 RECOVERY OF LOSSES. (1) Action for Recovery. The Risk Manager and City Attorney shall be responsible for bringing all actions, including claims and lawsuits, for recovery of losses to the City arising out of the acts of others. Such losses may include property damage or losses which impact the City as a result of personal injuries to city officers or employees. In addition, the City Attorney may join the City as a party with any third part~; in a lawsuit involving recovery of loss to the City. The City Attorney and Risk Manager shall write interdepartmental rules detailing the procedures to be followed by each in the execution of this function. (2) Allocation of Recoveries. Any moneys recovered (excluding costs of recovery) by the Risk Manager or City Attorney on account of losses to the City shall be paid to the budget unit or department which has expended funds and/or materials as a result of the loss. Any moneys in excess of those so expended shall be transferred to the k'~z. gra~.c.~ risk management fund as set forth in Section 2.92.090 of this chapter. 10 ¥17 Section 11. Amendment. Section 2.92.090 is hereby repealed and recodlfied as Section 3.30 Risk Management Fund: 3.30 ~ RISK MANAGEMENT FUND. 3.30.010 Established. There is created an intragovernmental service fund to be known as the ............... risk management fund. 3.30.020 Permissible Uses. Permissible uses of the~.w.~..~: .............. ...~. risk management fund shall be limited to the following: (a) Payment of claims and related costs; (b) Payment of negotiated settlements and related costs; (c) Payment of judgements and related costs; (d) Payment of the costs of litigation, including, but not limited to, outside attorneys fees and costs of discovery and witnesses; (e) Payment of insurance premiums and related costs; and (0 Payment of administrative costs related to Office of Risk Management operations. 3.30.030 Review. The operation of the k'~urance risk management fund shall be reported and reviewed quarterly with the council fiscal and budget committee. The report shall include the amounts of all expenditures made from the Ln:'.:rancc fund;~.~...~...~ .... of I ......... '~: ...... for claims, negotiated settlements, insurance settlements, judgements, litigations, and thek related ~-.~ ...... · ..................... shall bc kdividuaEy [dcnt:Jied. An annual accounting of this fund shall be included in the Risk Manager's annual report to the Council. 11 Section 12. passage and publication. APPROVED by the City Council of the City of Bremerton this Effective Date. This ordinance shall become effective ten (10) days from 1996. PASSED by the City Council of the City of Bremerton this day of day of , 1996. APPROVED this __ day of JOHN LAW, Council President , 1996. ATfEST: LYNN HORTON, Mayor KATHLEEN MCCLUSKEY, City Clerk 12 AGENDA BILL BREMERTON CITY COUNCIL ......... ,7',~ ORDINANC- R AGENDA OF: 1. SUBJECT: ~':.;"-,_ To amend three chapters of the Official Zoning ORIGINATING DEPT: Ordinance consistent with the Comprehensive ORIGINATOR: Plan and to meet CMA requirements. DATE SUBMITTED: 2. ~U)~e b,~c;if necessary) City Attorn~ Dir. Comm. Dev. Operations Comm. ~, ~,~---~, 3. EXHIBITS: May~22, 1996 DCD/Planning Ron W. Houqh May 16, 1996 Staff Report Ordinance ,/ Ex. "A" Chapter I -- Introduction ,/ Ex. "B" Chapter II -- Definitions Ex. "C" Chapter V -- Zoning Districts Planning Commission Minutes ENDORSEMENT5 INFp~,MATION__ APPROVED BY COUNCIL PRES~)E~T FOR SU_B~ MAYOR COUNO,L PRES,DENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bremerton is reviewing and amending its development regulations to make them consistent with the Comprehensive Plan and the requirements of the Growth Management Act. The ultimate objective is to bdng all major regulations into a single "development code". These three chapters of the Zoning Ordinance are closely related to the Zoning Maps and are the first step in this amendment process. The Planning Commission has studied the amendments, held study sessions, and conducted a public headng on Apdl 16. The amendments include the introductory Chapter I, the definitions of Chapter II, and the details and minimum development standards of each zone in Chapter V. The Commission is recommending City Council adoption of these amendments. 8. RECOM~ .C_i~/~Cdunt;il · . . City Council passage of the Ordianr~ge on second readino. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Donald L1 Pratt PULLED TABLED APPROVED DISAPPROVED AMENDED C__~UNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: qG- l 45' 2. CLEARANCE COMMENTS: Adds new def- "Street, private" requiring separate parcel rather than current easement within one or more parcels. Reduces available lots in short plat to three, where one is platted a private street 5. IMPACT ON NON-PASSAGE: The proposed changes include minor corrections, clarification, and removal of inconsistencies. Other changes involve adjusting setbacks or other minimum standards, adding new uses to the Land Use Tables, and making the document easier to understand and administer. Non-passage of these amendments will not result in noncompliance with the GMA nor any serious conflicts with the Comprehensive Plan. These amendments will make our regulations better and may stimulate new development in certain areas or specific zones. They are also consistent with our intent to streamline the permitting process. To some degree, passage of these amendments will pave the way for related amendments to other zoning chapters that will come later. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: No anticipated adverse impacts. These amended Zoning chapters are easier to read and use, will eliminate some problems that exist in the current text, and will make it easier to discuss zoning issues and development options with the public, other City departments, other agencies, etc. 7. RESEARCH SOURCES: ORDINANCE NO. 4/.5,5 ~ AN ORDINANCE amending general provisions, definitions and zoning district regulations of the Zoning Code; and repealing Sections 21.02.010 through 21.02.080, 21.02.250, 21.02.260 and 21.02.270 through 21.02.340 of the Bremerton Municipal Code. WHEREAS, major revisions to the Official Zoning Ordinance and Map for the City of Bremerton were adopted by Ordinance No. 4172 in November 1988; and WHEREAS, the City is now amending its Zoning Ordinance and Map to be consistent with the Bremerton Comprehensive Plan and to comply with the requirements of the Growth Management Act; and WHEREAS, an environmental checklist was prepared to cover the full range of these Zoning Code amendments and a SEPA Determination of Nonsignificance was issued on February 13, 1996; and WHEREAS, the Bremerton Planning Commission has conducted study sessions and held public hearings on February 20, March 19, and April 16, 1996, to study draft Zoning Code text amendments and to solicit public comments; and WHEREAS, the Bremerton Planning Commission, following its April 16, 1996, public hearing, voted unanimously to recommend City Council adoption of the text amendments; and WHEREAS, the Bremerton City Council conducted a public hearing on May 22, 1996, to accept public comments pertaining to the proposed Zoning Code text amendments and considered the Planning Commission's recommendation; now, therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Repeal/New Sections. Sections 21.02.010 through 21.02.040, 21.02.250 and 21.02.260 of the Bremerton Municipal code are hereby repealed and new sections 21.02.010 TITLE AND ENACTMENT, .020 PURPOSE, .030 GENERAL INTERPRETATION ,.040 BASIS FOR DISCRETIONARY DECISIONS, .250 INTERPRETATIONS OF THE ZONING MAP, and .260 ZONING UPON ANNEXATION are adopted to read as set forth in Exhibit "A" attached hereto. Section 2. Repeal/New Section. BMC 21.02.050 is hereby repealed a new section 21.02.050 DEFINITIONS is hereby adopted as set forth in Exhibit "B" attached hereto. Section 3. Repeal/New Sections. BMC sections 21.02.060-.080, and 21.02.270-.340 are hereby repealed and new sections 21.02.240 INTRODUCTION, .250 SECONDARY ZONES, ZONfflG,IRS - Disk 2 - 5,tl5196 4'-/ .255 PHASING, .260 ZONE SUMMARY TABLE, .270 LAND USE TABLES, .060 LOT REQUIREMENT TABLE, .280 UNLISTED USES are adopted to read as set forth in Exhibit "C" attached hereto. Section 4. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this day of 1996. PASSED by the City Council ofthe City of Bremerton this__ 1996. day of JOHN E. LAW, Council President APPROVED this __ day of ,1996. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk ZONING.IRS - Disk 2 - 5115196 CHAPTER 21.02 BREMERTON DEVELOPMENT CODE EXHIBIT "A" GENERAL PROVISIONS 21.02.010 TITLE AND ENACTMENT. (a) This chapter, consisting of text, maps, illustrations and related ordinances that may be incorporated by reference, is known as the "Bremerton Development Code". (b) All provisions of this ordinance have been adopted by the Bremerton City Council pursuant to Article XI, Section 11 of the Washington Constitution. (c) This code shall regulate the use and development of all lands within the City limits of Bremerton, with the exception of federally-owned properties over which the City has no jurisdiction. 21.02.020 PURPOSE. This code has been adopted for the following purposes: (a) To implement the City's Comprehensive Plan; (b) To protect the community's social and economic stability, as well as the positive qualities and unique characteristics of all areas throughout the community; (c) To address both natural and man-made environmental considerations as part of the land use and development permitting processes; and (d)To ensure the orderly and beneficial development and use EXHIBIT "A" PAGE 1 EX-A.JRC - Zoning Diskette - 5/17/96 of all lands by: (1) Reserving, through zoning, an adequate supply of developable land area for each major category of land use and in the most appropriate locations, as directed by the Comprehensive Plan; (2) Preventing the encroachment of incompatible uses; and (3) Providing clear concise regulations and development guidelines that are consistent with City goals and visions. (e) To protect the health, safety and welfare of the public as a whole and not to create a duty to protect any person or class of persons. 21.02.030 GENERAL INTERPRETATION. (a) Minimum Requirements. All provisions of the Bremerton Development Code shall be held to be the minimum requirements necessary to promote the public health, safety, morals, and general welfare. (b) Interpretations. The Director of Community Development shall have the authority to make written interpretations when necessary for clarification or to resolve conflicts within these regulations. (c) Conflicts. The provisions of the Bremerton Development Code shall govern when this code imposes a greater restriction than is required by other ordinances, regulations, easements, covenants, or other agreements. EXHIBIT ~'A" PAGE 2 In the case of internal conflicts within this code, the most restrictive provision shall prevail. (d) Misinformation. The City of Bremerton shall not be liable for any misinformation regarding the Bremerton Development Code that may be presented by an official or employee. (e) Quantity. For the statements in this code, the singular includes the plural, and the plural includes the singular. (f) Construction. The Development Code shall be liberally interpreted and construed to secure the public health, safety, morals and welfare, and the rules of strict construction shall have no application. 20.02.040 BASIS FOR DISCRETIONARY DECISIONS. Goals, policies and objectives contained in the Bremerton Comprehensive Plan and other adopted documents that have been incorporated into this code by reference, shall be used for guidance by City staff, the Planning Commission, and the City Council when processing applications and making discretionary land use decisions. 20.02.250 INTERPRETATIONS OF THE ZONING MAP. The following rules apply to interpretations of the Official Zoning Map: (a) Where a zone boundary is indicated as approximately following a property line, the property line is the zone boundary. (b) Where a zone boundary is indicated as following a street or other right-of-way, the centerline of the street or EXHIBIT "A" - PAGE 3 EX-A.JRC - Zonin@ Diskette - 5117/96 (c) right-of-way is the zone boundary. Where a zone abuts or extends into a lake or into Puget Sound, the zone boundary extends into that body of water to the full limit and territorial extent of the jurisdiction and control of the City. (d) Where a zone boundary is not indicated to follow a property line, street, or other ROW, the boundary line is as drawn, based on the scale shown on the Zoning Map. 20.02.260 ZONING UPON ANNEXATION. If annexed property has not previously received a zoning designation as part of comprehensive planning under RCW 35.13.177 and 178, the annexed property shall be administratively assigned provisional zoning under the City designation most similar to the former County zoning. A Planning Commission hearing to review provisional zoning shall be conducted within sixty (60) days under procedures for rezone petition at no cost to the property owner. EXHIBIT ~'A" - PAGE 4 21.02 BREMERTON DEVELOPMENT CODE EXHIBIT DEFINITIONS 20.02.050 DEFINITIONS. The are commonly used in the City of permitting and development. If herein, nor in the Glossary of other ordinances that may be following terms and definitions Bremerton in land use planning, a specific term is not defined the Bremerton Comprehensive Plan or incorporated by reference, it shall have its normal and customary meaning within the context used. ACCESSORY DWELLING UNIT (ADU). A second dwelling unit added to or created within an existing single-unit residential structure (principal structure) or within a detached accessory structure (guest house, cottage, or as part of or above a garage) for use as a complete, independent or semi-independent living unit with provisions for cooking, eating, sanitation and sleeping, and which complies with the design standards contained in this code for ADUs. SEE, ALSO: STRUCTURE, ACCESSORY. USE, ACCESSORY. ACRE, GROSS. A measure of total land area, equal to 43,560 square feet. Allowed residential development densities are based on this figure in the City of Bremerton. ACRE, NET. A measure of land area after subtracting public streets, other rights-of-way, and other unusable or undevelopable areas. EXHIBIT "B" - PAGE 1 ADJOINING. Property that touches or is directly across a right-of-way, other than a limited access highway or arterial with four lanes of traffic or more, from the subject property. ADMINISTRATIVE APPROVAL. A permit or other approval that is granted directly by the Director of Community Development or his/her authorized signatory and generally without a public hearing or approval of a committee, commission or other body. ADULT BUSINESS. A business which is either an adult theater, adult bookstore, massage cabaret. ADULT THEATER. An establishment which presents relating to sexual activities and specified anatomical observation and restricted to adult audiences. ADULT BOOKSTORE. An establishment that has a portion of its stock and trade in publications parlor as defined in BMC 5.92, or adult material areas for significant relating to specified sexual activities or specified anatomical areas. ADULT CABARET. An establishment that features entertainers or attendants dressed so as to emphasize specific anatomical areas or or other activities include or mimic specific whose performance sexual activities. ALLEY. Any public right-of-way or thoroughfare having a typical width of at least ten (10) feet, but generally not more than thirty (30) feet, which has been dedicated or deeded to the public for public use and which affords only secondary means of access to abutting properties, primarily for service purposes. ALTERATION, STRUCTURAL. Any changes in the supporting members EXHIBIT "B" - PAGE 2 of a structure, to the configurations of the roof or exterior walls, or repairs that would prolong the life of the supporting members of a building or structure. This definition does not include minor actions such as adding a doorway or window, or attaching architectural features, ANTENNA TOWER. The tower, structure used to h01d an antenna appurtenances, or adornments. mast, pole or other support in place or to elevate it to a higher level. The antenna itself is generally considered an architectural appurtenance, but its tower structure is often more extensive and may require additional plans and approvals. APPEAL. A formal request made during a specified period of time following a decision, asking that the decision be reconsidered by a higher authority, usually following a public hearing, in accordance with the procedures of this code. APPLICANT. A person submitting an application for any permit or approval required by the City and who is the owner of the subject property or an authorized agent of the owner. APPURTENANCE(or APPENDAGE). An architectural feature, decoration, etc., that has been added to or extends outward from the exterior of a building and is not a primary component of the structure itself. Such appurtenances as bay windows, low decks, open porches, awnings, given full or partial regulations. chimneys, and other features are sometimes exemption from setback or other building ARCADE. A place of amusement consisting primarily of games of skill, such as video games, pin-ball machines, and carnival-style EXHIBIT "B" - PAGE 3 skill games. another use such as a restaurant, etc. ART GALLERY. For purposes An arcade may be a primary use or may be accessory to bowling alley, hotel, terminal, of zoning, an art gallery is a business establishment or other private or public place intended primarily for art exhibitions where people may view and/or purchase paintings, sculptures, or other works. An art "studio" is a common accessory use. BAY WINDOW. a structure and A window jutting outward from an exterior wall of forming an alcove within. BED AND BREAKFAST. A single-unit dwelling in which rooms or other overnight accommodations are rented to transient persons by the resident household. Meals may include group homes. BOARDING OR ROOMING HOUSE. A structure in which rooms without kitchens transient persons with or without meals. group homes. be included. This does not single-unit residential are provided for non- This does not include BUFFERING. A structural, earthy, or vegetative form used to minimize the impacts of one land use upon another. A buffer may include any one or a combination of shrubs, trees, or other landscaping. a form of buffering. fences, walls, berms, high Distance separation is also BUILDING CODE. The Uniform Building Code and related codes as amended and adopted by the City of Bremerton. BUILDING ENVELOPE. The three-dimensional space within which EXHIBIT "B" - PAGE 4 a structure is permitted on a lot and which is defined by building height, setbacks, and lot coverage regulations. BUILDING LINE. A line on a lot, generally parallel to property lines and located a sufficient distance from the property lines to provide the minimum yard areas required by this code. The Building Line establishes the area within which buildings are permitted and does not necessarily correspond with the location of any existing structures or other improvements. A person who maintains or watches over someone CARETAKER. else's land or property on a part- or full-time schedule. The caretaker may be accommodated in a dwelling provided on the property or may live elsewhere. CARETAKER RESIDENCE. An accessory residential unit provided by the owner of a property to be used exclusively as living quarters for the caretaker(s) of that property. CAR WASH. A business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger commercial trucks and buses. It includes self- service, full-service, and automated car washes and auto detailing services. CENTER, COMMUNITY OR NEIGHBORHOOD. A facility provided for social gatherings, special events, dinners, dances, meetings, lectures, exhibits, games, limited recreation, and other functions of interest to persons of all ages in a particular neighborhood or the community and generally owned and operated by a public agency EXHIBIT "B" - PAGE 5 or public non-profit organization. CENTER, SENIOR. A special purpose facility designed and equipped to serve the social and recreational needs and interests of senior citizens and offering the same general types of activities available in a neighborhood or community center. CENTER, YOUTH OR TEEN. some or all of the types community or A special of activities commonly found in neighborhood center but tailored specifically provide for the needs and interests of the under-21 age group. CENTRAL BUSINESS DISTRICT purpose facility offering a to (CBD). A geographical area (not a zone), bounded: (1) On the south: Puget Sound Naval Shipyard (PSNS); (2) On the west: Rear property lines of all properties immediately adjacent to and west of Warren Avenue; (3) On the north: Rear property lines of all properties immediately adjacent to and north of Sixth Street; and (4) On the east: Port Washington Narrows outer harbor line. CHANGE OF USE. A change in the occupancy of a property or building from one use listed in the Land Use Tables to another use listed in those tables. CHARLESTON BUSINESS DISTRICT. An area consisting of all properties that front on Callow Avenue south of Eleventh Street and north of First Street (See Figure III-4) as well as other lands as designated in the Charleston Neighborhood Plan. CHURCH/RELIGIOUS INSTITUTION. An establishment primarily intended for the conducting of organized religious services and EXHIBIT ~'B" - PAGE 6 related activities, which may include religious education, meeting halls, and kitchens or places for personal worship or meditation but do not include pre-schools, parochial schools, day care facilities, major recreational facilities, vehicle or equipment storage yards, or other functions that are not clearly a necessary or integral part of the religious institution. CITY. When capitalized and used alone, without a specifically named city, '~City" shall mean the city of Bremerton, Washington. CLINIC. An establishment used for the mental and physical care of human patients, but which excludes facilities for overnight patient care. COMPREHENSIVE PLAN. The 20-year comprehensive land use, transportation, housing, utilities, and capital facilities plan adopted by the City and periodically revised in accordance with the adopted schedule for review and revision, and to maintain compliance with the Growth Management Act of 1990, as amended. CONVALESCENT/NURSING HOME. An establishment licensed by the State of Washington as a facility providing full-time care for individuals who are unable to care for themselves by reason of chronic illness or infirmity. This does not include hospitals, sanitariums, or treatment centers. CRITICAL AREAS. aquifers used for drinking water, fish conservation areas, frequently hazardous areas, wetlands, and streams, Critical Lands Ordinance. EXHIBIT "B" - PAGE 7 EX-B.JRC - Zoning Diskette w 5/]7/96 Areas with a critical recharging effect on and wildlife habitat flooded areas, geologically as defined in the City's CRITICAL LANDS ORDINANCE. Bremerton Ordinance No. 4422 (as amended) which includes provisions to classify, protect, and preserve Bremerton's critical areas; provides standards to manage development in association with these areas; and designates some of these areas as environmentally sensitive in accordance with the State Environmental Policy Act (SEPA). DAY CARE FACILITY. A facility licensed by the State of Washington and approved by the City to provide regular care for adults or children for periods of less than 24 hours. Facilities providing care for 13 or more persons are regulated by Special Use Permit. Smaller facilities are allowed but not regulated by the city. DECK. An open platform wider than 18 inches. A deck may be free-standing, cantilevered from a building, or connected to the ground with steps or ramps. A deck that is higher than 30 inches above finish grade may be referred to as a raised deck, a rooftop deck, a balcony, or other suitable term. DELICATESSEN. An establishment selling cooked or preserved foods such as meats, prepared salads, desserts, cheeses, pickles, sandwiches, soft drinks, etc., generally for consumption off the premises. DENSITY. A measure of residential concentration, usually expressed as the number of dwellings per acre of land. For example, a 100 acre area containing 300 dwellings has a "gross" density of three dwellings per acre. "Net" density is determined by using the acreage total after all undevelopable areas (streets, EXHIBIT "B" - PAGE 8 open space, wetlands, etc.) have been removed. The U.S. Census Bureau defines "rural density" as 200 persons per square mile or about one dwelling per ten acres. DENSITY BONUS. Additional residential dwelling units that may be approved through the Planned Unit Development process, in excess of the maximum base density allowed in that zone, when additional open space or other amenities are provided. DENSITY, MAXIMUM ALLOWABLE. The number of dwellings per gross acre as stated for each zone in the "Lot Requirements" table, plus any additional units that may be allowable as a density bonus through the Planned Unit Development process. DEPARTMENT STORE. A retail commercial store that consists of a variety of specialty departments that are interconnected within the same structure and under the same ownership, such as jewelry, clothing, shoes, automotive products, sporting goods, etc. DETOXIFICATION CENTER. A facility providing for the care and treatment of an intoxicated person during the period in which the person recovers from the transitory effects of acute intoxication. DIRECTOR. When used alone Development Code, "Director" shall Community Development. and capitalized within the mean Bremerton's Director of DISH ANTENNA. A ground-placed or structure-mounted parabolic receiver, generally of metal or fiberglass construction, designed to receive signals being broadcast for processing and display on a television or other receiver. Such dishes are available in a variety of sizes, but generally not larger than twelve feet in EXHIBIT "B" - PAGE 9 EX-B.JRC - Zoning Diskette - 5/17/96 diameter for home use. Non-commercial dish antenna are accessory uses and subject to all site development requirements of this code. Dish antenna that are intended for commercial purposes are considered to be communications systems and may require a Special Use Permit or other approval. DRINKING PLACE. An establishment selling beverages for consumption on the premises. DRIVE-THROUGH FACILITY. An automobile-oriented designed primarily for drive-through trade, and which service and caters to patrons while in their motor vehicles. does not include gas stations, service stations, and auto garages. DUPLEX. A structure containing two dwelling units on a single lot. intoxicating facility provides This repair DWELLING, CONVENTIONAL. Any building or structure that is built or assembled (in the case of a modular structure) on the site and in conformance with the provisions of the Uniform Building Code (USC) . DWELLING, MODULAR or FACTORY BUILT. Buildings or structures that are constructed primarily in a factory and transported to the site for assembly or installation. Ail temporary wheels, axles, and other appliances used in the transport are removed at the destination and the structure is permanently placed, unless approved as a temporary placement by the City. Such structures are constructed to the standards of either the Uniform Building Code (UBC), or the HUD Code. (Also see: Manufactured Home) EXHIBIT "B" - PAGE 10 or structure.) DWELLING, dwelling unit. a "house".) DWELLING, (houses) that DWELLING, MULTI-UNIT STRUCTURE. A structure containing three more dwelling units. (Also referred to as "multi-family" SINGLE-UNIT STRUCTURE. A structure containing one (Also referred to as a "single-family" dwelling, or SINGLE-UNIT ATTACHED. Two single-unit dwellings are attached at a common side lot line with each dwelling row houses or units. DWELLING located entirely on its own lot. This does not include other housing types having more than two attached UNIT. A living space or combination of rooms to provide independent year-round living facilities for designed one family or household, the UBC or HUD sanitation. FACTORY predominantly constructed to the minimum standards of Code, and with provisions for sleeping, eating and OUTLET. A retail store that sells products from a single manufacturer. It may be within the same building or on the same site as its manufacturing facilities, or at another location. A single manufacturing business may have many factory outlet stores, often located with similar stores in "outlet malls". When sited independently of its manufacturing facilities, a factory outlet store is permitted in the same manner as any other retail store selling similar merchandise. FENCE. A structure built to provide privacy, screening, EXHIBIT "B" - PAGE 11 to prevent escape or intrusion, or or buffering from noise or other undesirable impacts or activities beyond the property line. includes freestanding walls. FOOD/BEVERAGE TAKE-OUT. specializes in fast service sales Also A business establishment that of limited food products such as espresso stands, are located on street vendors. sandwiches, hot dogs, packaged lunches, and hot and cold drinks, and that has no indoor customer seating. Such facilities may include pedestrian oriented or vehicular drive-through food booths, juice bars or similar facilities, such facilities permanent sites and should not be confused with FOSTER HOME. A dwelling unit in which a full-time resident provides temporary care and supervision on a full-time basis to not more than six foster children, three expectant mothers, or three other adults requiring full-time care. GRADE. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line. When the property line is more than five feet from the building, grade is the lowest point of elevation of the finished surface between the building and a line five feet from the building. For structures built over water, grade shall mean the elevation of ordinary high water. GRADE, EXISTING. The grade or topography existing prior to any excavation, clearing, grading or filling. GREENHOUSE. See "Nursery and Greenhouse" GROSS FLOOR AREA. The sum of all horizontal areas of floors of a structure when measured from the exterior faces of exterior EXHIBIT "B" - PAGE 12 walls; including glazed or screened porches. GROUP RESIDENTIAL FACILITY - CLASS I. A group care residence for children and adults who for various reasons cannot reside in their natural homes; and/or for persons who have severe chronic disabilities or physical handicaps that cause substantial functional limitations. This facility may provide physical therapy and training in social skills. It does not include facilities to which persons are assigned as a result of criminal conviction or those where residents, individually or by their legal guardians, are not free to terminate their residency at will. (1) Class I - Small: A total of six or fewer persons, including staff, whose permanent residence is the group residential facility. (2) Class I - Large: A total of seven or more persons, including on-duty staff. GROUP RESIDENTIAL FACILITY - CLASS II. A group care residence for juvenile delinquents, the mentally ill, persons serving a sentence in lieu of confinement, persons needing correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs providing alternatives to imprisonment; transition back into the community including pre-release, work-release, and probationary programs that are under the supervision of a court, State, or Teaching of work or social skills may be provided facility but it does not include drug or alcohol EXHIBIT "B" PAGE 13 local agency. in this class detoxification centers. (2) Class II - Small: A total of six or fewer persons, including staff, whose permanent residence is the group facility. Class II - Large: A total of seven or more persons, including resident staff. HOMEOWNERS ASSOCIATION. An association of homeowners that has responsibility for commonly owned property within its residential development and which enforces covenants and restrictions on commonly owned areas or private property. HOME OCCUPATION. Any non-residential use carried out for monetary gain, which is secondary to the use of the property for residential purposes, and which is operated in accordance with the Home Occupation standards of this code. HOSPITAL. A licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from physical or mental conditions, and which may include institution. HOTEL. related facilities as an integral part of the An establishment that accommodations to the general public, related services such as restaurants, offers transient lodging and which may provide such meeting rooms, gift shops, beauty shops and recreational facilities. HOTEL, RESIDENTIAL or INN. A hotel that is oriented toward medium-term or long-term residents, with rooms offered at a weekly or monthly rate. Such a facility might also be oriented toward EXHIBIT "B" - PAGE 14 seasonal residents, persons with a particular need or income level, or persons employed in the area for a short time. HOUSEHOLD. All persons, regardless of age, sex, or family relationships, that reside as a single unit in a dwelling intended for single household occupancy. Such group quarters facilities as dormitories, boarding houses, nursing homes or similar acconlmodations typically do not provide facilities for households. IMPERVIOUS SURFACE. Any material which reduces or prevents absorption of stormwater into previously undeveloped land. JUNK YARD. A place where discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or otherwise handled. This includes automotive wrecking yards; house wrecking yards, and storage of structural steel materials and equipment, but does not include used or salvaged machinery in operable condition nor the processing of used, discarded or salvaged materials as a minor part of manufacturing operations. KENNEL. An establishment where five or older than six months are kept, whether for This does not include veterinary zoos. LANDSCAPING. shrubs and flowers, more domestic animals compensation or not. clinics/hospitals, pet shops or The arrangement and planting of trees, grass, and the placement of fountains, patios, street furniture, berms, walls, ornamental concrete or stonework and other features to achieve an aesthetically pleasing outdoor space. LOADING AREA. An area designed and intended for the temporary parking of a vehicle while loading or unloading passengers, EXHIBIT "B" - PAGE 15 merchandise or other materials. LOT. Any area, tract or parcel of land owned by or under the lawful control and in the lawful possession of one distinct ownership undivided by a dedicated street or alley or another ownership, and which has a minimum of twenty feet of frontage on a street. LOT AREA. The area within the boundary lines of a lot. When creating new lots through the subdivision or short plat process, the area of each new lot shall not include public and private streets, wetlands, and other areas that may be restricted from use or from the types of development allowed by the zone in which the property is located. LOT, CORNER. A lot abutting two or more streets at their intersection. LOT, FLAG. A lot with access to its street by way of a narrow strip of land having a minimum width of twenty (20) feet. A flag lot consists of two parts. (1) The "flag" or main body of the lot; and (2) The "panhandle" or narrow access way connecting the body of the lot to the street. LOT, THROUGH. A lot, other than a corner lot, that has frontage on two streets. LOT, WATERFRONT. A lot of which any portion abuts wetlands. That portion of a lot covered by the roof areas but not including driveways, walkways, patios LOT COVERAGE. of all structures, and low open decks. EXHIBIT "B" - PAGE 16 LOT DEPTH. The horizontal distance between the front and rear property lines of a lot, measured along a line midway between the side property lines. The depth of an irregular lot or a lot having more or fewer than two side lots lines will be determined in the most reasonable manner, based on the lot's longest average dimension. LOT LINE, FRONT. Any property line that abuts a public street, private street, or alley (if no street frontage) is considered a frontage and shall meet the minimum lot frontage development requirements of this code, unless otherwise designated through approval of a Zoning Ordinance Special Exception. LOT LINE, REAR. The property line most opposite or most distant from the designated front lot line and that does not intersect any front lot line. Corner lots often have no rear lot line. In the case of a waterfront property, the rear lot line is that which adjoins the ordinary high water line (OHWL), unless granted a Zoning Ordinance Special Exception. LOT LINE, SIDE. Any lot line that is not a front or rear lot line by definition, and any lot line that intersects a front lot line. LOT WIDTH. The average horizontal distance between side lot lines, measured at right angles to the lot depth line. Determining the width of an irregular lot may require reasonable modifications to this procedure. MANETTE BUSINESS DISTRICT. Ail properties in the vicinity of the east end of the Manette Bridge that are included in the General EXHIBIT "B" - PAGE 17 Business (GB) zone and that may be further expanded through subsequent rezones. (See illustration) MANUFACTURED HOME. A residential unit on one or more chassis for towing to the point of use to be used with a foundation as a dwelling unit. This unit shall bear an insignia issued by a State or Federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development (HUD). Commercial coaches, recreational vehicles, are neither manufactured homes Home") MARINA. A facility which provides moorage or travel trailers, and motor homes nor dwelling units. (See "Mobile wet or dry storage for watercraft or related sales and services. MOBILE HOME. A residential unit Home but constructed prior to June 15, float planes, and which may offer marine- similar to a Manufactured 1976 and not in compliance with the federal Manufactured Housing Construction and Safety Standards Code (HUD Code) which was enacted at that time. Mobile Homes are accommodated within some existing mobile home parks but not on individual lots within the "Manufactured Home") MOTEL. A facility that accommodations to the general public, City of Bremerton. (See offers transient lodging with at least 25 percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. A motel may include in-room kitchen facilities and may offer laundry EXHIBIT "B" - PAGE 18 facilities, services, restaurant, accessory functions. MUSEUM. intended for exercise rooms, pool, flower and gift shops, travel banquet and convention facilities as A building, room, the preservation historical, or scientific objects. historic preservation, the Land historically significant buildings as museums. NONCONFORMING LOT. A characteristics that no longer vessel (boat or ship), or site and exhibition of artistic, In the interests of local Use Tables allow the use of in residential areas to be used lawfully created lot which has conform to the applicable standards and regulations NONCONFORMING STRUCTURE. constructed under the codes in comply with currently required for the zone in which it is now located. A structure that was legally place at that time, but does not setback, height, lot coverage, or other development standards of the zone in which it is now located. NONCONFORMING USE. Any activity, development or condition that was legally established prior to the effective date of this or other applicable code requirements and which would not be permitted under today' s codes. (Such uses are often referred to a "grandfathered" and may continue to exist and operate legally.) NURSERY and GREENHOUSE. Facilities used for the propagation and sale of agricultural or ornamental plants and related products: (1) Retail Nursery/Greenhouse: Offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. EXHIBIT '~B" - PAGE 19 EX-B.JRC - Zoning Diskett~ - 5/17/96 ¥! (2) (3) Wholesale Nursery/Greenhouse: sale to retail nurseries or other businesses. Raises nursery stock for Greenhouse: A nursery facility constructed with transparent or translucent materials for indoor propagation of plants. A private greenhouse with no commercial sales is considered an accessory use. OPEN SPACE. Any area which provides physical or visual relief from the developed environment. It may consist of lands that are improved or unimproved, and public or private. Within the urban environment, open space may include linear streetscapes, view corridors, shoreline areas, mini-parks, pedestrian corridors, and areas reserved or used for stormwater retention, drainage, wetland protection, etc. For zoning and development purposes, specific areas may be required for outdoor recreation, resource or sensitive areas protection, amenities, safety, or buffering. The calculations of areas designated to meet open space requirements required yard areas, land other impervious surfaces land use and development requirements or in addition to, the requirements of specific purpose without removing or may not include driveways, parking areas, occupied by buildings or structures, nor that are not related to the open space. OUTDOOR STORAGE. See "Storage Yard". OVERLAY ZONE. A set of designed to be applied over, the underlying zone for a modifying the underlying zone. Common examples are design review overlays and parking overlays. PARCEL. A continuous quantity of land in single ownership or EXHIBIT "B" - PAGE 20 under single control, consisting of one or more lots, and considered a unit for purposes of development. (See "Lot") PAVED SURFACE. A surface paved with asphalt, concrete, concrete pavers, or brick but excluding gravel, crushed rock, and similar materials. PERSONAL SERVICE BUSINESS. An establishment engaged primarily in providing services involving the care of a person or apparel, such as; shoe repairs, laundry and dry-cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming facilities and domestic assistance services. This does not include massage parlors, health care services, funeral services. PIER. A fixed structure, or a structure, built over tidelands or marine landing or moorage for watercraft. PLANNED UNIT DEVELOPMENT (PUD). An area single entity in accordance with an approved exercise establishments, nor permanently moored floating shorelands, and used for a to be developed as a Site Plan, in which more than one zone may be combined, flexibility of development standards may be approved, and a variety of compatible uses may be permitted through a public master-planning process. PORCH. A roofed open area attached to a building or other structure, usually at an entrance to the structure. A porch that is enclosed, glazed or screened, may lose its status as an appurtenance. PRIVATE CLUB OR LODGE. Structures, facilities and grounds owned or operated by a private or fraternal organization for use by EXHIBIT "B" - PAGE 21 £X-B.JRC - Zoninq Qiskette - 5/i?/Q6 its members and guests. PUBLIC FACILITIES. Facilities provided for the benefit of the general public including streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, public schools, and other public buildings. PUBLIC SERVICES. Services provided for the benefit of the general public, including fire protection and suppression, law enforcement, public health, education, information, recreation, environmental protection, development assistance/permitting, etc. RECREATIONAL VEHICLE. A motorized or nonmotorized vehicle designed and manufactured for recreational use, including but not limited to boats, travel trailers, snowmobiles, go-carts, motorcycles, etc. RECREATIONAL VEHICLE PARK. or more sites on which to park A facility designed to provide two travel trailers, motor homes or similar recreational vehicles for periods not to exceed 30 days. Accessory uses to an "RV Park" often include a swimming pool, playground equipment, convenience store, bathing and laundry facilities, and other camping/travel services. RECYCLING CENTER. A facility for the collection, storage and processing of recyclable materials including crushing, breaking, sorting, packaging and related operations. A "junk yard" is not a recycling center. RECYCLING COLLECTION STATION. A facility consisting of structures, bins, or other containers designed or intended for the EXHIBIT "B" - PAGE 22 collection and temporary storage of recyclable materials until they are picked up and transported to another location for processing and/or packaging. RECYCLING COLLECTION STATION (LIMITED). A recycling collection station for the collection of glass, tin cans, aluminum, cardboard, newspaper, magazines, plastics, and other recyclables in small units, but not including large appliances, furniture, auto parts, tires, hazardous or liquid wastes, or any forms of domestic garbage (putrescible wastes). REHABILITATION. The upgrading of a building from a dilapidated or substandard condition. RESIDENTIAL, AS SECONDARY USE. When permitted in a non- residential zone, a residential land use is not always accessory to other uses, but is considered secondary and subordinate to the principal uses of that zone. Residential uses are placed in locations that don't conflict with street level frontage locations that are reserved for retail, office and other business uses that comprise the primary function of that zone. (See design standards) RESTAURANT. A establishments) which beverages and provides on the premises. RESTAURANT, FAST business is the sale rapidly prepared food consumption either on EXHIBIT "B" PAGE 23 commercial use (excluding fast food sells a variety of prepared food and accommodations for consuming those products FOOD. An establishment whose principal of a limited variety of pre-prepared or and beverages directly to the consumer for or off premises. Food is generally not served to the customers' tables, but is more often dispensed through a walk-up counter or drive-through take-out window. REZONE. A formal amendment to the Official Zoning Map of the City of Bremerton to change the zone designation of one or more lots. (also referred to as a Zoning Map Amendment) SETBACK. The required horizontal distance to be maintained between the finished exterior wall of a structure and the lot line These are commonly referred to of the lot on which it is located. as front, side and rear setbacks. SETBACK, PERIMETER. In a Planned Unit required distance between the allowed building exterior lot lines that define the PUD. This interior lots. SCHOOLS: PUBLIC. PRIVATE. PAROCHIAL. EXHIBIT "B" - PAGE 24 Development, the envelope and the does not apply to institution of learning operated by a school district and including An public colleges. Includes private colleges, Montessori schools, and other privately owned and operated schools. An institution having substantially equivalent a curriculum to that of a public school controlled by a allowed wherever permitted. but supported and church. These are "public" schools are BUSINESS & TRADE. SIDEWALK VENDOR. merchandise from a stand, device on any sidewalk, "land use") SIGN. An institution providing instruction and training in a specific service, art, or trade such as secretarial, real estate, travel, auto or machinery repair, welding, etc. These fall into the category of "Private Educ. Facilities" in the zoning Land Use Tables. One who sells edible or non-edible booth, cart, basket, tray, table or other street, highway or public place. (Not a Any communication device, structure, or fixture which is intended to identify a building, use, business, or event; or to promote the sale of products, goods or services; using graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns which do not represent a product, service or registered trademark, and which do not identify the user, are not considered signs. (See "Sign Provisions" of this code) SITE PLJLN. A plan, prepared to scale, showing accurately and with complete dimensions, all land uses, buildings, structures, sensitive areas, ingress and egress, and other details needed to describe and obtain City approval of a development proposal. The Site Plan must be prepared in accordance with City Site Plan guidelines and requirements. SITE PLAN REVIEW. An administrative review process to ensure that a development proposal, as described in the Site Plan and EXHIBIT "B" PAGE 25 accompanying materials, meets all applicable code requirements, properly served with development permits. may be required to needed utilities, and can be cleared for Through this process, specific adjustments ensure that the project will not be aesthetically or functionally disruptive to surrounding properties, the neighborhood, or the community. SPECIAL USE PERMIT. A permit which must be acquired before a land use that is listed in the Land Use Tables as "SUP", and not permitted "outright", can be constructed or approved in those zones. Some uses that are not listed at all in the Land Use Tables may be approved by the Planning Commission through the SUP process. SPECIFIED ANATOMICAL AREAS. (1) Less than completely and opaquely covered areas of the human body: (a) Genitals and/or pubic region; (b) Buttocks; (c) Breast below a point immediately above the top of the areola; (2) Human male genitals in a turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES. (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation; sexual intercourse or sodomy; sadism and masochism; or other explicit s e x u a 1 behavior. EXHIBIT "B" - PAGE 26 (3) Fondling or other erotic touching of human genitals, pubic region, buttocks or breast. STORAGE YARD. An outdoor area where vehicles, equipment, merchandise, raw materials, or other items are accumulated and stored for an indefinite period until needed. Storage yards are often used in conjunction with a warehouse, storage buildings, sheds or other structures and may be public or private. Unless a function of a government agency or public utility, storage yards are considered accessory to a business or other principal use. STORY. That portion of a building that extends from the floor surface to the surface of the floor above or, in the case of a top floor, to the ceiling or roof above. If a finished floor level is more than six feet above the finished grade for more than fifty percent of the total perimeter, the area beneath that floor shall be considered a story. STREET. The improved section of any public or private right- of-way intended primarily for motor vehicle travel and which affords the principal means of access to abutting property, together with bicycle lanes, sidewalks, and related improvements. STREET, specifically properties, maintenance PRIVATE. A parcel to provide motor the owners of which responsibilities. at least 20 feet in width, created vehicle access to abutting share in its ownership and STRUCTURE. That which is built or constructed. STRUCTURE, ACCESSORY. A structure that is incidental and subordinate to a principal structure and which is customarily found EXHIBIT "B" - PAGE 27 in connection with the principal structure and located on the same lot or parcel. STRUCTURE, PRINCIPAL. A structure containing one or more principal uses, as permitted by the zone in which the property is located. STRUCTURE, TEMPORARY. A structure which does not have, nor is it required by the Uniform Building Code to have, a permanent attachment to the ground but is subject to building permits. STUDIO. A loft, room, group of rooms or building in which an artist works. This includes facilities for the production of photographic works (still or motion), painting, sculpture, dance, music or similar activities. A studio is often found in combination with a gallery or may be an accessory use to a retail business or other use. TOWNHOUSE. For purposes of this code, a townhouse is a single-unit structure in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each is separated from any other unit by one or more common fire resistant walls. Ownership of each unit includes ownership of an individual parcel of land beneath the unit and usually includes a privately-owned outdoor area as well (private yard or open space). The remainder of the grounds, private streets or driveways, and recreational facilities are owned in common, similar to condo TRANSIENT PERSON. 30 days per visit. EXHIBIT "B" - PAGE 28 EX-B.JRC - Zoning Diskette - 5/17/g6 ownership. A temporary lodger who stays no longer than URBAN GROWTH AREA. An area designated by Kitsap County within which urban growth will be encouraged and supported with urban level utilities and services. The UGAs are designed to accommodate the next twenty years of urban growth and will be periodically revised as growth occurs. USE. The purpose or activity for which land or improvements are intended, occupied or maintained. USE, ACCESSORY. A use which is incidental and subordinate to a principal use, which is customarily found in connection with the principal use, and which is located on the same lot or parcel. (Examples include private garage, hobby shop, work shop, personal greenhouse, and required off-street parking.) USE, PRINCIPAL. The primary or main use conducted or allowed on a lot or parcel. Accessory uses cannot exist without a principal use on the same lot or parcel. USE, SPECIAL. A use that is not permitted "outright" but is listed in the Land Use Tables as "SUP" and approved through the Special Use Permit process. Uses that are not listed at all in the Land Use Tables may also be considered for approval through the SUP process. USE, TEMPORARY. A use which may occur on a lot on a short term or seasonal basis for a prescribed period of time which usually would not exceed six months duration. USE, UNLISTED. A use which is not anywhere in the Land Use Tables. VARIANCE. Official permission to be EXHIBIT "B" - PAGE 29 EX-B.JRC - Zoning Diskette - 5/17/96 specifically listed relieved from specific development code requirements that cause an unusual or unreasonable hardship due to the physical characteristics of the site or existing improvements. VESTING. A fully completed development application is "vested" at the time it is received by development may then be processed, the zoning, land division, and effect when vesting occurred. the permitting authority. The permitted and carried out under other regulations that were in VISION TRIANGLE. A triangular shaped area at an intersection within which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. WEST BREMERTON LIMITED PARKING AREA. An area of Bremerton bounded as follows but not including the Central Business District as defined herein: (1) On the west by Wycoff Avenue. (2) On the north and east by Port Washington Narrows. (3) On the south by Puget Sound Naval Shipyard. WETLANDS OR WELAND AREAS. All marshes, bogs, swamps, floodways, and floodplains associated with the streams, lakes and tidal waters which are subject to the provisions of Bremerton's Shoreline Master Program and Critical Lands Ordinance. YARD. That portion of a lot that lies between a lot line (property line) and the building line. FRONTYARD: The yard area extending front of a lot between the front property EXHIBIT "B" - PAGE 30 the full width of the line (lot line) and the front building line. BACKYARD: A yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and corner lots have no rear lot lines, they will have no rear yard areas as defined. SIDEYARD: A yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, corner lots, or may have only front and side yards. two front yards and two side yards, YARD, CONSTRUCTION OR STORAGE. ZERO LOT LINE. The location of a building on a manner that one of its sides rests directly on a side no setback. other irregularly-shaped lots Through lots generally have but no rear yard as defined. See "Storage Yard". lot in such a lot line with EXHIBIT "B" PAGE 31 CHAPTER 21.02 BREMERTON DEVELOPMENT CODE EXHIBIT "C" ZONING DISTRICTS 21.02.024 INTRODUCTION. Zoning is the primary implementation tool of the city's 20-year Comprehensive Plan. The Plan's land use designations provide the basis for the Zoning Map which breaks each of those designations down into more specific "zones". Each zone includes the City's standards and development requirements, most of which are contained in this Development code, for development within each of the zoning districts. The following zones are included herein: EXHIBIT "C" - PAGE 1 Z-l: ZONES RESIDENTIAL: SF-I Res. Low-density (0-3 DU/Acre-- Single-unit) SF-2 Res. Low-density {,0-4 DU/Ac:-c -- Single-unit) SF-3 Res. Low-density 0-8 DU/Acre-- Single-unit) DR Res. Low-density (,3-8 DU/Acre-- 1- & 2-unit) MF Res. Medium-density (3-18 DU/Acrc-- Multi-unit) CBR Res, Medium-density (3-18 DU/Acre -- Multi-unit/mixed) MR Res. High-density (8-44 DU/Acre-- Muhi-unil) HD Res. High-density (8-44 DU/Acre -- Muhi-unit/mixed use) COMMERCIAL: PO Professional Office NB Neighborhood Business GB General Business SC Shopping Center BC Business Core INDUSTRIAL: BP Business Park IP Industrial Park IG Industrial General EXHIBIT "C" - PAGE 2 SPECIAL PURPOSE: MX PS FM WS URD DRO LPO Mixed Use Parks & Schools Forest Management Water Supply Urban Renewal District Design Review Overlay Limited Parking Overlay 21.02.245 PLAN/ZONING CONSISTENCY. Regulations used to implement the Comprehensive Plan, including zoning, must be consistent with the Plan. Each zone has a direct relationship to its parent designation on the Plan Map. Since the Comprehensive Plan is intentionally more general than the Zoning Map, more than one zone may be appropriate and necessary to implement a single Plan designation. The following table shows the relationships between each Plan designation and the primary zones that may be approved within those designations. For purposes of initial zoning and consideration of rezone requests, these primary zones are considered to be consistent with their related Plan designations. EXHIBIT "C" - PAGE 3 Z-2: PRIMARY ZONE CONSISTENCY COMPREHENSIVE PLAN PRIMARY ZONES LDR: Low-density Residential SF-I: Res. Low-density (single-unit) 3 to 8 DU/Acre SF-2: Res. Low-density (single-unit) SF-3: Res. Low-density (single-unit) DR: Res. Low-density (1- & 2-unit) LPO: Limited Parking Overlay PS: Parks & Schools MDR: Medium-density Residential MF: Res. Med.-density (multi-unit) 8 to 18 DU/Acre CBR: Res. Meal-density (multi-unit/mixed) LPO: Limited Parking Overlay PS: Parks & Schools HDR: High-density Residential MR: Res. High-density (nmlti-unit) More than 18 DU/Acre HD: Res. High-density (multi-unit/mixed) LPO: Limited Parking Overlay PS: Parks & Schools C-G: General & Highway GB: General Business Commercial SC: Shopping Center C-P: General & Professional Offices PO: Professional Office EXHIBIT "C" - PAGE 4 COMPREHENSIVE PLAN PRIMARY ZONES CBD: Central Business District BC: Business Core GB: General Business PO: Professional Office MF: Res. Med,-density (multi-unit) HD: Res. Med.-density (multi-unit/mixed) MR: Res. High-density (multi-unit) HD: Res High-density (multi-unit/mixed) URD: Urban Renewal District DRO: Design Review Overlay NC: Neighborhood Convenience NB: Neighborhood Business MU: Mixed Use/PUD MX: Mixed Use Other zones as approved through PUD process May emphasize residential, commercial or industrial. HI: Heavy Industrial IG: industrial General MX: Mixed Use (Industrial emphasis) IP: Industrial park IP: Industrial Park MX: Mixed Use (Light Ind. Emphasis) BP: Business Park BP: Business Park PO: Professional Office MX: Mixed Use (Business emphasis) RE: Resource Extraction IG and IP zones preferred. Allowed in all zones by Special Use Petqnit. T: Transportation Facilities All commercial & industrial zones EXHIBIT "C" - PAGE 5 COMPREHENSIVE PLAN PRIMARY ZONES P or OS: Parks and/or Open Space PS: Parks & Schools. Private parks or schools may also hc permitted in other zones and are compatible with most Plan designations WS: Watershed WS: Water Supply UL: City Utility-owned Lands FM: Forest Management PS: Parks & Schools S: Schools PS: Parks & Schools Private parks or schools may also be pennined in other zones and a: c compatible with most Pkm designations C: Cemetery PS: Parks & Schools SF-I: SF-2: SF-3 (Low-densi.ty Residential) H: Hospital GB: General Business PW: Public Works facilities IP: Industrial Park IG: Industrial General U: Utilities * Most are allowed in all zones either outright or by Special Use Pemfit Some major facilities may be restricted to specific zones, per the Land Use Tables. 21.02.250 SECONDARY ZONES. In unique cases, rezone requests for zones not listed in Table Z-2 as "primary" may be approved for limited application. These secondary or accessory zones will also be considered consistent with the Comprehensive Plan and may be approved, criteria #3, criteria: but only when they meet the City's standard Rezone 4, and 5, and each of the following additional EXHIBIT "C' - PAGE 6 (a) The zone shall consist of no more than ten percent (10%) of the total area of the Plan designation in which it is proposed; and (b) The zone is necessary to allow a use or development that is accessory to or directly supportive of a planned or existing use in the and (c) The rezone includes conditions of approval to cause the adjacent primary zone; zoning to revert if the intended use for that zone, as approved, is not developed within a reasonable time, if the use is ceased or abandoned for a period of at least one year, or for other reason deemed appropriate at the time of approval. 21.02.255 PHASING. The zoning process helps to implement the City's 20-year Plan. In some cases, an area that is "planned" for a particular use may not be ready for that use until later in the planning period or until completion of a special study or neighborhood plan. In such cases, zoning may appear to lag behind the Plan when, in fact, the land is in a "holding zone", until such time as the intended zoning (as guided by the Plan) is more appropriate, or until such time as the needed facilities and services are in place to accommodate the level of development allowed by that zone. 21.02.260. ZONE SUMMARY TABLE. TABLE Z-3 includes a quick- reference summary of all Bremerton zones, including a brief description and intent of the zone and its minimum standards. EXHIBIT "C" - PAGE 7 Z-3: ZONE SUMMARY ZONES Description/Intent Min. Standards (SeeTable Z-4'~ SF-1 Land uses in this large-lot zone are limited primarily to Base Density: 1-3 DU/ac. single unit dwellings and related accessol7 uses (e.g., Residential social, religious, cuhu~ al, or educational) commonly Min Lot Size: 13,000 s f Low-density found in such neighborhoods This zone is intended I'~t Ma× Covcragc: 25% a'eas n wi c ~ ye 3' lou urban densities are necessal3' or Min I,ot Width: 60 desirable t'or such reasons tls severe envilonmental Max. Bldg Hr: 30 problems such as topography of soil stabilitT, or due to limited access, unique views or other amenilies, historic SETBACKS~ character, or tack of essential nrban services Front: 20 Side: 10 fl Rear: 15 EXHIBIT "C" - PAGE 8 ZONES Description/Intent Min. Standards (SeeTable Z-4) SE-2 This zone allows primarily single unit Base Density: 1-8 DU/ac. dwellings and related accessory uses and its Min. Lot Size: 9,000 Residential locational factors are similar to those of the s.f Low-density SF-1 zone. The primary difference is that the Max. Coverage: 30% SF-2 zone allows a smaller minimum lot size Min. Lot Width: 50 fL and a higher development density than does Max. Bldg. Hr: 30 ft. SF-1 and is suitable for areas served by public utilities, particularly sewer. SETBACKS: Front: 20 ft Side: 10 Pr. Rear: 15 ft. EXHIBIT "C" - PAGE 9 ZONES Description/Intent Min. Standards (SeeTable Z-4) SE-3 This zone accommodates single-unit homes in Base Density: 3-8 DU/ac. the typical urban subdivision at an average Min Lot Size: 5,000 Residential density (without bonuses) of up to eight units s.£ Low-density per acre. It offers a smaller minimum lot size Max. Coverage: 40% to enhance affordability and encourage higher Min, Lot Width: 40 ft. densities through creative site planning and Max. Bldg. Hr: 30 ft. various zoning and density bonus incentives This 8 DU/acre density is consistent with the SETBACKS: Comprehensive Plan's LDR designation. Front: 15 Pt. (20 to garage) Side: 5 ft. Rear: I5 ft. DR This zone is applied It), and intended to maintain, Base DensitY: 3-8 DU/ac neighborhoods ol'predonmlantly single- and lwo-unit Min. l.ot Size: 4,000 si'- I DU Residential structures as well as areas suitable Ibr a mixture of these 6,000 sf- Duplex Low-density dwelling lypes. The same related accessoD' rises that arc Max Coverage: 40% allowed in the other zones are pcl~mined in this zone and Min l.ot Width: 4l) fl the allowcd density is tile same as the SF-3 zone bul wilh Max. Bldg. } It: 30 fl a smaller minimum lot size f~n' single units and duplexes. SWI'BACKS: Front: 15 fL (20 to garage) Side: 5 ft EXHIBIT "C" - PAGE 10 ZONES Description/Intent Min. Standards ~See Fable Z-4) MF This zone is designed to maintain existing Base Density: 8-18 DU/ac. areas of multiple-unit dwellings and to provide Min. Lot Size: 3,000 Residential for new development of needed housing Medium density within the medium-density (8-18 DU/Acre) Max. Coverage: 40% level. Such development may include small- Min. Lot Width: 30 ft. lot single-unit clustered housing, garden and iVlax. Bldg. Hr: 40 ft. larger apartment complexes, condominiums, and other housing alternatives, along with SETBACKS: their customary related or accessor3, uses. Front: 10 ft (20 to garage) Side: 5 ft. Rear: 20 ft. EXHIBIT "C" - PAGE 11 ZONES Description/Intent Min. Standards (s~'I-~ble Z-4) CBR The "Central Bremerton Residential" zone is Base Density: 8-18 DU/ac. designed to maintain and improve the Min. Lot Size: 3,000 Residential character found primarily in the older central s.f Medium density areas of Bremerton. It allows the integration Max. Coverage: 50% of small multi-unit structures with an Resid. assortment of customary accessory and 80% Non-resid. compatible uses. It recognizes the historic Min. Lot Width: 30 ft. development patterns characterized by small Max. Bldg. Hr: 30 ft. lots, narrow streets, minimal setbacks, accessory dwellings, and often deficient off- SETBACKS: street parking It encourages residential in-fill Front: 10 ft. (20 to and promotes general overall neighborhood garage) improvement. Side: 5 ft. Rear: 15 ft. EXHIBIT "C" - PAGE 12 ZONES Description/Intent Min. Standards (S,:eTable Z-4) MR This zone provides areas that are most Base Density: 8-44 DU/ac. suitable for the highest density multiple-unit Min. Lot Size: 5,000 Residential development allowed anywhere in Bremen. on s.£ High density and at the greatest allowed building heights. Max. Coverage: 50% It is intended for use in high intensity areas, Resid. areas with exceptional views or other 80% Non-resid. amenities, and along or near arterial streets. Min. Lot Width: 40 ft. To take advantage oflocational advantages, Max. Bldg. Ht: 120 ft. this zone allows some mix of compatible non- residential uses. Mixed use developments are SETBACKS: encouraged. Front: 10 ft. (20 to garage) Side: 5 ft. Rear: 10 ft. EXHIBIT "C" - PAGE 13 ZONES Description/Intent Min. Standards (s~¢ Table Z-4) I-ID The "Highland District" zone is very similar to Base Density: 8-44 DU/ac. "MR" but allows a greater variety of Min Lot Size: 5,000 Residential compatible non-residential uses, including s.f. High density offices, small cafes, personal and medical Max. Coverage: 50% services, religious and social facilities, etc Resid. This zone also offers the highest residential 80% Non-resid. density allowed anywhere in Bremerton, the Min. Lot Width: 40 ft. highest building heights to take advantage of Max. Bldg Ht: 120 ft. views, and the most efficient use of limited land area. This zone provides considerable SETBACKS: opportunity for a variety of land use mix and Front: 10 ft. (20 to intensity. Mixed use developments are garage) encouraged. Side: 5 ft. Rear: 10 fl. EXHIBIT "C" PAGE 14 EX-C.JRC - Zoning D-'$kette - 5117/96 ZONES Description/Intent Min. Stamlards (Sc,: Table Z-4) PO Professional Office NB Neighborhood Business The PO zone provides areas lbr Iow-intensity small-scale office uses Limitations on thc size and height of ofllce structures will help ensure compatibility with adjacent residential neighborhoods. This zone is intended, io part, as a buff'er zone that can be placed between neighborhoods and more intense co~mnercial uses, industrial uses, arterial streets, or olher incompatible land uses. It may be used along arleria[ strccts to take advantage of mixed or limited lot sizes, or as a softer alternative to strip commercial dc,,:clopn'tcnt This zone is pallicularly snitab[e Ibr incktsion in a mixed use PUD development. The NB zone provides areas lb:- limited retail aclivlty and personal selw'ices in or adjacent to residential areas for the convenience of neighborhood residents. Businesses are encouraged to locate in a tight closter and reflect the scale and character of the surrounding neighborhood Businesses that have a con;munity-widc or regional market or service at'ca, or that have large land, lloor area, or parking requirements are probably not well snilcd to this zone. Mtn Lot Size: None Max Coverage: 45% Mtn Lot Width: None Max Bldg Hr: 30 ti Max. Bldg Size: 5,000 SI'Yl'BACKS: I"ront: Same as abnltingzonc Side: None l?om non-res zunes. lO 1i. (ti'om R zones only) Rear 20 Il Mm Lot Size: None Max. Coverage: 50% Min. Lot Width: None Max. Bldg. kit: 30 Max. Bldg. Size: 2,500 s f SI)iTBACKS: Fronl: Same tis abutting zone. Side: None li'oln llOll-rgs, zones 10 ft (Ii'om R zones only) Rear: 20 (t EXHIBIT "C" - PAGE 15 EX-C.JRC - Zoning Diskette - 5/17/q6 ZONES Description/Intent Min. Standards (SeeTable Z-4) GB This is Bremerton's primal-,.' auln-related, high;vay- Min. [.et Size: None o~sented, high-imcr, sdy retail and setwice commercial Max Coverage: 100% General zone It is designed primarily lbr locations along mxerial Min. Lot Width: None Business streets and allows a wide variety of business and olt~ce Max. Bldg. Hr: 60 fl uses. The City may lnhit driveway access and require landscaped setbacks and other improvements that SETF:3ACKS: enhance the aesthetic and visual qualilies, increase Front: 20 fl safety, encourage pedeslrian aud t~ansit usage, and help Side: None fi'om non-res, zones ensure compatibiliiy with less inlense a4iacent land uses. I0 lt. (from R zones only) Rear: None fi'om non-res, zones. 10 lt. (Ii'om R zones only) SC This zone is intended to accommodale clusters of retail Mtn I.ot Size: None* activity, personal services, entertainment, and el'rice use:-: Max Coverage: None* Shopping Center in accessible, well-designed, and pedestrian-oriented Mm. Lot Width: Nonc* shopping centers. These centers should provide more Max. Bldg. itt: None* desirable alternatives to strip-commercial development. These centers will be larger than neigbborhood business * Shopping Center development centers in scale and use, and will usually be anchored by requires a master plan consistent a junior department store, variety slore, major with City PUD standards and supelrnarket, or may consist of a combination et' smaller appro','ed through the PUD stores and offices process. EXHIBIT "C" - PAGE 16 ZONES Description/Intent Min. Standards (SeeTabl¢ BC This zone :vas originally designed lbr Brcmcrton's Min I.ot Size: None Central Business District and intended to promote thc Max Coverage: 100% Business Core CBD as the city's primary high-intensity commercial and Min l.ot Widfl:: None financial center. That propose continues, but in Max Bldg I It: 120 ft combination with other special propose zones and more specific master plans. Pedcstrian-o~fented day and SETBACKS: nighttime activities are cncooragcd, as are poblic transit Front None and linkages to the multi-modal terminal, ovmxvater Side: None abuning ~ltm-rtcs park, PSNS. and other pedestrian-accessihlc facilities 10 fl (abuning I>. zone only) Long-tern`. parking and other automobile related uses are Rear: 10 ft. discouraged in the CBD Residential uses are highly encouraged, particularly on npper floors and aronnd Ihe periphe~T of the disttsct, bnt should not displace sidewalk level storefi-onts along key downlown streets. BP *his zone provides opportunities lbr the development of Mm Lot Size: None low-intensity commercial, oil}ce and/or mamtfacturmg Max Coverage: 50% Business Park businesses that are clcan, quiet, low4rall]c generator s. Mm. Lot Width: None and that ,.viii be compatible with adjacent or nearby Max. Bldg Hr: 30 fl residential neighborhoods and otber sensitive uses Business park developmenl should be designed as an SETBACKS: attractive, well-landscaped, campns-like environment Front: 20 ft that will be an asset to its neighborhood as well as file Side: None abultmg non-res zone. community. I() fl (abuttiag R zone only) Rear: It) ft (abutting R zone only) EXHIBIT "C" - PAGE 17 i00 ZONES Description/Intent Min. Standards (SeeTable IP This zone is intended to provide areas for a mix of office. Mm Lol Size: None wholesale, trade and distribution, bulk retailing, and light Max Coverage: 50% Industrial Park nmnufactm'ing in a Iow-density, campus-like Min Lot Width: Noue environment. '['he district shall be designed to minimize Max Bldg. Hr: 40 lt. adverse effects on adjacent areas and to present an attractive well-landscaped appearance. IP businesses SETBACKS: should require little or no ouldoor slorage of prodncts, Front: 20 fi materials or equipment, and,d)en~tions shonld, lbr thc Side: None abulling non-res zone. most part. be contained v~ithm enclosed structures IO It (abutting I{ zone only) Rear: 10 lt. (abulting R zone only) IG This is the City's most intense industrial zone It allows Min I.ot Size: None most types of "heavy indnstrial" nses, inclnding slorage Max. Coverage: 100% Industrial and distribution, heaxT equipment and vehicle sales and Mm l.ot Width: None General seiMce, general manufacturing, wholesaling, fabricating, Max Bldg. Hr: 40 fl. publishing, reseal'ch and development, and rdaled office and limited commercial uses SETBACKS: Front: 20 ft Side: None abutling non-res zone I0 fl (abutting R zone only) [~.car: I 0 It. (abutting R zone only) EXHIBIT 'C" PAGE 18 IZONES MX Mixed Use Description/Intent This zone is intended to allow and pronlolc mixed usc developments that include higher dcnsit5 residential, combined with small-scale ollice and commercial uses The zone offers incentives to revitalize and maintain older peripheral areas, particnlarly around the CBD and other intense commercial districts. The "MX" zone includes most uses permitted in the tligh-density Residential zones (MI>.. and HD), the Pro£cssional Ollicc (PO) zone, and the Neighborhood Business (NB) znnc. Min. Standards (See'[able Z-4) Base Densitx: to 44 DU/ac Min l.oL Size: 3,000 s.l: rcsid No mir~ lbr othcr. Max. Coverage: 50% Min. I,ot Width: 30 ti. Max. Bldg Hr: 30 lt. SETBACKS: From: 20 fk lO ft. (abutting i~. zone only) Rear: 10 l't (abutting R zone only) EXHIBIT "C" - PAGE 19 ZONES Description/Intent Min. Standards (s~e Table Z-4) PS The puI2oosc of this zone is to protect and pre~clwe hinds Min. Lot Size: None. Max. Coverage: 25% that are currently developed, used. suited lbr or planned Min. Lot Widlh: None Parks & Schools Max Bldg Ibr public and/or private park, recreation, or open space SETBACKS: uses, as ,,,,'ell as lands needed lbr recreational and Front: 30 Side: 30 fl. educational facilities of long-term value and benefit lo Rear: 30 the conwnuni~ and region. PeiTnitted Uses: !. Passive parks including, but not limited to, open landscaped or natural areas; recreational trails systems; picnicking areas; gardens; arboretum; viewpoints and related Stl'uctnt'¢s 2. Active Parks iocluding, but not limited lo. hard and soil surface play areas; playground equipment; sports conrts: lighted fields; communi~ buildings; and swimming pools 3. Public and private schools, including trades, arts, pre-schools and colleges 4. Libra~, museum, and similar facilities. 5. Recreation-related non-profit group activities 6 Concessions --- appruved by City Council. 7 Accessoc: uses custonmrily associated with parks and schools Uses Requiring a Special Use Pelxnit: I. Golf course 2. Boat launching and related facilities 3. Rifle and pistol ranges 4. Maintenance and scrvice yards 5. Bus and other vehicle and equipment maintenance & slorage fi~cilities. 6. Admin offices rclatcd to tile fc, cilitics 7. Bnildings and structures lbr nonp~oth groups on public lands EXHIBIT "C" - PAGE 20 ZONES Description/Intent Min. Standards csee Table Z-4) EM The FM zone is intended to prumote best management Mm. Lot Size: Nonc. practices on forest lands aud sound utilization of tot'est, Max. Co,.e~age: Least lkasible Forest water and other resources, consistent with State and Min. Lt)t Width None. Management Federal regulations. Max. Bldg. I-It: None Pem~itted Uses SETBACKS: Front: 30 fl 1. Timber hmwest activities, includingtimbel Side: 30 ft removal, thinning, salvage, and post hm~,,est Rear: 30 clean-up 2. P..oads for timber hmwest access, fire breaks. forest protection, and security 3 Reforestation activities. 4. I lydropower activities consistent x~ itb 5. Educational and research activities compatible 6. Groundwater development and aquifer protection. I. Single-unit dwelling tbr caretaker, along with 2. Non-residcotial st~x~ctures needed for the execution of pcmfitted oses, including bul not limited to, scaling stations, storage and maintenance facilities, processing facilities, residue dumps, and log storage areas. EXHIBIT "C" - PAGE 21 ZONES Description/Intent Min. Standards (See'l'able Z-4) WS This zone is intended to protect the Bremerton public Min. Lot Size: None water supply by controlling activities and maintaining Max. Coverage: Least feasible Water Supply high water quality at the source, consistent xvith State and Min Lot Widlh: None Federal regulations It is fm-ther intended to nmintain Max Bldg Hr: None strict conlrol of access to and activities within the Union River drainage to allow the Union River water supply SETBACKS: source to continue in its onfiltered status. Front: 30 lt. Side: 30 fl Pemtitted Uses: Rear: 30lt. 1. Collecting, storing, treating, conveying, pumping, serving and monitoring water for distribution of potable water to customers and purveyors of the Bremerton Water Utility. 2. Managing, growing, harvesting, and protecting lbrest resources consistent wilh protection of the public water system 3. Developing hydropower resources consistent with maintenance of the public water system 4. Managing wildlife to preclude degradalion of the public water supply 5. Conducting educational and research activities compatible with protectiou of the public \valor supply 6. Developing groondwalcr and protecting aquifers fi-om contamination or overdrat~ Accessory Uses 1. Single-unit dwelling ibr watershed patrol, caretaker or gate guard, along with custommT 2. Non-residential sU'uclurcs needed lbr thc execution of permitted uses, including treatment and diversion IZacilities, tllailltenallcc i'ucilitics and storage areas. 3. '{'eu/poraC, crew quarters EXHIBIT "C" - PAGE 22 /05 ZONES Description/Intent Min. Standards ~See%hle z-4) URD The adopted docuincnt entitled ~'Downtown Watcrfl'ont Specific controls and development Urban Renewal Plan" (DWURP) constitutes the enti:'ctv requirements for this zone are Urban Renewal of this zone. The plan provides conceptnal as well as contained in thc Downtown District technical guidance and standards tbr planning and Waterrront Urhau Renewal Plan. building xvithin the dowmown xw~terfi'ont district, which extends fi'om PSNS notah to Filih Street and includes all propmties between Washington Avenue and the shoreline The l.and/Water Use Plan of the DWURP is divided into several components for land use and development proposes, and into seven areas lbr the puq~ose of building height slandards. DRO This "overlay" zoue is related to implementation of Ibc Specific design standards for this zone Downtown Waterfront Urban Renewal Phm. The are contained in the Do~vntown Design Review DRO establishes a specific area within which foi~mal Waterfror, t Urban Renewal Plan. Overlay Design Review shall take place (I)WURP, Exhibit "G') In addition to tbe Site Plan Review to ensure that tile design policies and standards of the process, "Design Reviexv' may be plan are can'ied out. nccessal7 for any project that alters or has a signiticant effect on the visual appearallce, character, fi. ruction, or other scnso~'y component of thc area enclosed by the DRO boundaD, Such changes may be as major as thc coostruction of a new building, or as simple as a new sign, awning or paint. EXHIBIT "C" - PAGE 23 ZONES Description/Intent Min. Standards CSeeTahle LPO This zone provides tbr the dcvclopment of comxnercial Min. Der Std: Must meet City's and commuter pm king lots in incas tbund to be suitable adopted parking lot Limited Parking for those uses, but not permitted by tile underlying zone development Overlay standax ds Application: The provisions of this district are limited to areas shmvn Approval: Special Use Permit on the Brcme~lon Zoning Map as 'Limited Parking required tbr all lots. Overla> and a~e intended to supplcm~:nt th,: pmv~smns of the tmderlying zone. Allo',ved Lois: Pertained Uses: Class "A" lot (Special Use Pcmfit) 1. Sm~,'ace parking lots [bt off-sn'eet parking Class "C" lots may also bc 2. Accessol-; facilities nccessal-,, Ibr the proper approved by SUP, subject to ' · addilional crileria and a time limit of function or design of thc lot, including pm krug meters, insnq.lctional/directional signing, m) longer than I~ve years from date of fencing, and landscaping approval. Applicant then has the option to: Development Standards: I. Lots shall be only for the parking of vehicles in (a) Apply lbr lime cxte ~s o ~ as an daily use and shall not include commercial amendment to thc SUP; vehicles, impound lots, or other storage. (b) Apply for a SUP for a pe~anent Class -C' paved lot or 2. Lots must be de,.'elopcd in accordance wid~ the City's Class "A" parking lot standards, unless (c) Cease Ihc use and remove all approved as a "conmauter parking lot" improvements from the site. 3. A Class "C" commuter lot may be approved if: (a) it is provided for long-te~m commuter parking by visitors employees fen-/ commuters, or similar commuters (b) It will not be used for customer or client parking or other non-parking land nsc. (c) Parking fees will bc charged by the day week, month or olher period which, in no case, may bc shorler than eighl hoars (d) ii will be fenced or othenvise sccured 4. A Class C 1~ ina?. be approved with a sra,,el or simihn' surface only il': (a) The need is temporary and for a period not longer than live years: arid/or (b) The proposed sile is in a transitional m ca and will likely be needed lbr ncxv dcxclopment or a difl~rcnt use within five years 21.02.060 LOT REQUIREMENTS TABLE. Table Z-4 provides a EXHIBIT "C' - PAGE 24 single-table summary of the basic lot development requirements for all major zones. This table does not include the FM, WS, URD, DRO, and LPO Special Purpose zones. Refer to Table Z-3 for information about those zones. Z-4 LOT REQUIREMENTS ALLOWED 2 3 MIN. MIN FRONT SIDE REAR ZONES RESID. ~ LOT LOT MAX MAX. Setback Setback Setback DENSITY SIZE WIDTH HEIGHT COVERAGE SF4 1-3 20 ft. 10 ft. 15 it. 13,000 60 ft. 30 ft.. 25 % DU/Ac. s.f. SF2 1-8 20ft. 10ft. 15ft. 9,000 50fi. 30ft. 30% DU/Ac. s.f. SF-3 3-8 15 ft. 25 tb ] 5 ti. shoo st' 4o n. 30 tx 40% DU/Ac. ~)R 3-8 15 ft. 25 ft. 15 fi. 4,000 40 It. 30 ft. 40 % DU/Ac. s.f. MF 8-18 10 ft. 25 ft. 20 fi. 3,000 30 fi. 40 ft. 50 % DU/Ac. s.f. CaR 8-18 10 ft. 25 ft. 15 fi. 3,000 30 ft. 30 fl. 50 % DU/Ac. s.f. MR 8-44 10 ft._,5 ft. 3 10 ft. 5,000 40 fi. 120 fi. 60 % DU/Ac. s.f. EXHIBIT "C" - PAGE 25 }m 8-44 10 ft. 25 ft. 3 10 ft. 5,000 40 ft. 10.20 ft. 60 % DU/Ac. s.f. PO ....... I0 ft. - ......20 ft. - ............. 30 ft. 45 % 5 tq]~ 7 ....... 10 ft. - ......20 ft. - ............. 30 ft. 30 5 GB ....... 20 ft. _ ............. - ............. 6o 5 5 SC 6 ..................... - ...... 4 ....... ....... 6 ....... 6 ....... 6 4 4 Bc .......................................... 120 ft. 100 % 5 5 m, ....... 20 ft. - ........................... 30 ft. 50 % 5 5 n, ....... 20 ft. - ........................... 40 ft. 50 % 5 5 m ....... 20 ft. - ........................... 40 ft. 100 % 5 5 MX 8-44 10 ft. - ......' ...... -~ 3,000 30 ft. 30 ft. 50 % DU/Ac. ~ s.f. Ps ....... 30 n. 30 ~. 3o Base density ranges do nol include additional incentive "bonus" densities that may bc ofii2rcd All garages and cm~porm shall maintain a Front setback of 20 l~et. Zero Lot Line development shall add tl~e normally-required side ymd to thc nppositc side of thc lot ZI.I. development along a rear property line may be approved onl)Ihroagh thc PUl) process EXHIBIT "C" - PAGE 26 Development is subject lo the samc setback thai is required on the residential side of the lot linc lbr an5: development abutting a residential zone. Swacmres higher than rwo stories or 30 ft (v. hichever is higher) shall double the setback when abutting any other rcsidcntial zone. A 10 rt. setback is required Ii'om an?.' residcntial zone. Development within this zone shall be consistent with a master plan approved throcgh the PUl) process An individual building may not exceed 5,000 sqt'k in this zone 21.02.270 LAND USE TABLES. Table Z-5 (Land Use Tables) includes a listing of all major zones and a list of the land uses that may be approved in each. Each box on the table indicates the type of approval required for each use, as follows: A The use is allowed outright as a principal use. SUP The use is allowed subject to approval of a Special Use Permit. PUD The use is allowed only within an approved Planned Unit Development. No Symbol The listed use is NOT PERMITTED in that zone. CATEGORIES: MEANING OF SYMBO Z-5 LAND ^ Theuseisa USE SUP The use is s TABLES i. Residential PUD Theuseisa 2 Other lx~dging Unit Devek 3. Hntcrtainmcnt / Cnhta'c 4 Medical & Social Services NO Symbol The listed u 5 Recrcatitm & klcalth 6. Othci Public / Quasi-poblic 7 Govercancnt & Utilitx Sm-,'iccs 8 Eating & Drinking 9. Other Retail Business 10 Personal Services 1 I Business Scrviccs 12 Auto / Transportatmn 13 Constructior~ Related 14 Ic~dustrial / Mamtlhctulmg EXHIBIT "C" - PAGE 27 SF SF SF Uses allowed t -- oy zone I 2 3 DR MF CBR MR HD PO NB 1. RESIDENTIAL Single-unit Dwelling --- Detached A A A A A A PUl) PUD Single-unit Dwelling --- Attached (ZLI.) A A A A A A PUD PUD Accesso~7 Dwelling Unit (ADU) A A A A A A Duplex (Two dwelling units in one bldg) A A A A A Triplex (Tlu'ee dwelling units in one bids ) SUP A A A A Multiple-unit Structure (4 or more units) SUP A A A Townhouse (attached units on own lots) SUP A SUP A A Manufactured Home on Individual Lot A A A A A Manufactured Home Park PUD PtJl) PUD PtJI) PUl) Residential --- as a secondmT usc A A A A A Boarding/Rooming House SUP SUP SUP S1. JP A A A A Foster Home A A A A A A A A A A 2~ OTHER LODGING Convalescent / Rest Home SUP SUP A SUP Day Care Facility (13 oi' []]ol'c -- all ages) SUP SUP SUP SUP SU? SUP SUP SUP SUP SUP Day Care Facility ( 12 or fewer -- all ages) A A A A A A A A A A Group Residential Facility --- Class I SUP SUP SUP gui> SLJP SUP SUP SUP SUP Group Residential Facility --- Class II SUP SUP SUP SUP Bed & Breakfast SUP SUP SUP SUP SUP A A A A Hotel or Motel Residential Hotel or hm O. veekly/mol:thly) SUP SUP 3. ENTERTAINMENT / CULT URE Theater (Performing al~is or molmn picture) SUP Theater --- drive-in Adult Business (sec definition) EXHIBIT "C" - PAGE 28 Uses allowed SF SF SF L -- zone I 2 3 DR MF CBR MR HD PO NB Video/Pinball Arcade Bowling Lanes Pool /Billiard Facility Youth or Teen Center (social/recreational) SUP SLJP SUP 5;UP SUP SUP SUP SUP Senior Center (social/recreational) SUP SU? SUP SUP SUP SUP A Community or Neighborhood Center SUP SUP SUP SUP SUP A SUP Dance Hall or Multi-purpose Hall Clubhouse. Frat. Lodge, or similar SUP SUP SUP SUP SUP SU? A 4. MEDICAL & SOCIAL SVCS. Hospital Medical -- Out-patient Clinic SUP A SUP Medical Selwices (diagnostic, ENT, etc.) SUP A SUP Medical Laboratml SUP A Veterinarian & Animal Hospital Animal Boarding Kennel Social Service Facilities SLJP SUP SUP A SUP Welhre & Other Chafitible Svcs. / l:ac's. SUP SUP SUP A SUP Detoxification Center & similar facilities SUP SUP 5, RECREATION & HEALTH Golf Course SUP SUP SUP Gymnasium or similar hcility :SUI' SUP SUP SUP A SUP Indoor Athletic/Recl'ealion Facility SUP SUP SUP SU? A SUP Tennis or Swim Club (or simihlr facility) SUP StP SUP SUP SUP SUP SUP SUP A Weight Control and Aerobics SUP SUP SUP A SUP Tanning Salon, Spa, and similar uses SUP SU1> SUP A Park. Playground, or Rec. Area & Fac's StJP SUP SUP SUP SUP SUP StJI¢ SUP A A Stadium, Athletic Field or Sports Complex StP SUP SUP 5;U P SUP SUP EXHIBIT "C" - PAGE 29 lib by sv sr Uses allowed - zone I 2 3 DR MF CBR MR HD PO NB Rifle and Pistol Range 6. OTHER PUBLIC/ QUASI-PUBLIC Public Schools (see "PS" zone) Private Educ. Facilities (see "ps" zone) SUP SUP SUP SUP SUP SUP SUP SUP A Religious Worship & Related Facilities SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP I Library SUP SUP S[JP SUP Y, tJI> A A /k A Cemetery SUP StJP SUP Museum -- in designated historic budding StJP StJP SLJP SUi> SUP A A A A A Museum-- other SUP SUP SUP SUP SUP I A~X Gallery (2,000 sq.fl, or smaller) A A A A A Art Gallery (larger than 2,000 sq.t't) SUP SUP SUP SUP 7. GOVERNMENT & uTILITY SERVICES Law Enforcement & Fire Facilities SUP SUP SUP SUP SUP SUP SUP SUP Equipment & Materials Storage Yard Water, Sewer, Stormdrain Facilities A A A A A A A A A A Sewage Tream~ent Facilities Utility Substation SUP SUP SI. JP SLJP SI. Jp SLJP SUP SUP SUP SUP I Comlnunicalkln AnlennaflR¢lay Towcr SUP SUP StJP SUP StJP SUP SUP SUP SUP SUP Antelma Tower (non-commercial) SUP SUP SUP SUP SUP SUP SUP SUP SUP SUP i 8i EATING & DRINKING RestauranffCafe (2,500 sq.fl, er hn'ger) SUP Restaurant/Cafe (Under 2,500 sq.l't.) SUP SUP SUIT SUP A Fast Food Restaurant (uo drivc-throngh) SUP EXHIBIT "C' - PAGE 30 //_3 SF SF SF Uses RHowed - oy zone 1 2 3 DR MF CBR MR HD PO NB Fast Food Restaurant (with drive-ttn-ough) Food/beverage Take-out (no inside seadng) S[JP SUP SUP A A Donut Shop, Baked Goods -- retail A A Delicatessen SUP SUI' SUP A A Drinking Place --- with ente~xainment Drinking Place ~-- without entertainment SUP 9; OTHER RETAIL BUSINESS Market - general (7,000 sq.ft, ur larger) Market - convenience (Undcr 7,000 sq ft) A Any business with accesseD' gasoline sales SUP Specialty Food Sales SUP Liquor Store Drug Store/Pbm-macy SUP SUP A Furuiturc & Appliance Sales & Leasing Music systems, Instruments, and related Pre-recorded Movie/Music sales and renlal Book store (newspapers, nmgazincs, lelatcd) SI. JP SUP SUP A Stationmy, Paper Products, Ollice supplies SUP A Antiques and Second Hand Goods SUP SUP Sporting Goods -- sales and services Clothing (incl. shoes, hats, unilbnns...) Department Store (variety rctail) Factory Outlet (accessoo' to on-site nal~) Je:veh~, Clocks, Watches and related Flowers, Gifts and Greeting Cards SUP SUP SUP A A Pipes, Tobacco and related products A Toys, Hobbies, Aais and Craris A EXHIBIT "C" - PAGE 31 SF SF SF Uses allowed -- by zone I 2 3 DR MF CBR MR HD PO NB Cameras and Photo Supplies and Services SUP A Glasses & Optical Goods and Services SUP A 10, PERSONAL SERVICES Laundry & DO' Cleaning Setx'iccs SUP SUP Self-service Laundry (laundromat) SUP SUP SUP A Non-auto Repair (fiu~niture, appliances, etc.) A Small Engine Repair Personal Apparel Repair/Alterations A A A A A Hair Care and Personal Groomiug SUP SUP SUP A A Tatooing, Body Pierciug and related SUP A Ph, otographic & Art Studio SUP SUP SUP A A Funeral Services SI. JP SUP SUP Personal/Family Counseling Services A A A A A Personal Services --- other than ]isled SUP SUP SUP SUP A Home Occupations (subject to guidelines) A A A A A A A A A A 11. BUSINESS SERVICES Banking & Other Financial Services A Insurance and Investment Services A A A A A Real Estate, Title, Escrow and simihn' svcs A A A A A Accounting, Tax Prep. and similar svcs. A A A A A Copying, Mailing, FAX, and similar svcs A A A A A Ofl~ce/Business Assistance Services A A A A Communications/Broadcasting Studio SUP Properly Mgmt. & Maint. Svcs Off}ecs A A A A A PropmV Maint. Svcs. with supply storage SUP SLJP SUP Consultants (Arch, Planning, Design, crc.) A A A A Computer assistance, training & repair svcs A A A A A EXHIBIT "C" - PAGE 32 //_5 SF SF SF Uses allowed -- by zone 1 2 3 DR MF CBR MR HD PO NB General Olt~ces (other than listcd above) A A A A SUP 12. AUTO / TRANSPORTATION Auto, Truck, Trailer and RV Sales & Sci-,'icc Motorcycle & Bicycle Sales & Service Automobile, Motorcycle Bicycle rental Truck, Trailer, RV rental Marine Craft Sales and Service Tires, Batteries, & related sales and services Other Auto & Marine Accessories Gas Station (incl. related services) Automotive/Marine Painting & Detailing Car Wash (self-selwice or automated) Non-accessol7 Parking (also see LPO zone) SUP Commuter Parking (also see LPO zone) SUP Parking Stlaictnre A A A Auto Impound Lot Mo o- F-e ght "l'ranspotaation Facility Marine Freight or Passenger Temfinal Bus Passenger Temfinal SUP Bus Maintenance a ~d/o' S o 'age 'act it5' 13. CONSTRUCTION RELATED Construction Services Office A A A Construction Services with Yard General Hardware Salcs and Services SUP Lumber & other Building Materials sales Heating, Plumbing, A/C Equip & Services Electrical Sapplics and Services EXHIBIT "C" - PAGE 33 SF SF SF Uses allowed -- by zone I 2 3 DR MF CBR MR HD PO NB Paint, Glass, Interior Decor (cmpct, drapes) Nurse~3' & Garden Supplies Greenhouse (primarily retail sales) Greenhouse (primarily wholesale) 14; INDUSTRIAL / MFG. Automotive Manufacturing/Assembly , Rec. Vehicle and Trailer Manufacturing Marine Craft & Related Manolhcmring Manufactm-ed Homes -- Mtg. & Assembly vlanufacmred Home Sales Lot Wood, Lumber and Paper Milling Paper Products Manufacturing Wood Products Mfg. (furniture, cabinets ) Electrical & Electronics Products Mfg. Wholesaling of Products Permitted in Zone Warehousing --- General Mini-warehousing (small-unit storage) Research, Development & Testing Svcs. SUP Professional / Scientific Instrument Mfg Printing, Publishing & Related Se~wices A Paints & Allied Products Mfg. or Processing Elect~qcal MachineD' & Equip. Mfg. Apparel and other Textile Products Mfg. Drags, Chemicals & related Mfg. Soap, Cleaning Products Mfg. Food Products Mfg. Machinery & Metal Products Mfg. Machine Shop -- general purpose Recycling Center EXHIBIT "C" - PAGE 34 {17 SF SF SF Uses allowed -- by zone I 2 3 DR MF CBR MR HD PO NB Recycling Collection Station Recycling Collection Station (Limited) * SUP SUP StJP SUP A A Junk Yard Petroleum bulk Storage & Tem~inals * Allow only when it meets all design standards 21.02.280 UNLISTED USES. (a) Any land use that is NOT mentioned in Tables Z-3 or Z-5 shall be considered an "Unlisted Use". (b) If the Unlisted Use is clearly similar to a use that is listed in Tables Z-3 or Z-5, the Director may make a written administrative determination as to which zone(s) and through which approval process the Unlisted Use may be permitted (c) If the Director finds no similar uses already listed, finds the proposed use to be sensitive or controversial, finds the use to have potentially adverse impacts, or is unable to arrive at a clear administrative determination, the requested use shall be considered for approval by the Planning Commission through the Special Use Permit process. EXHIBIT "C" - PAGE 35