HomeMy WebLinkAbout10/19/05 AGENDA
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CITY COUNCIL 345 6th Street, Suite 603, Bremerton, WA 98337-1873 0'3 (360) 473-5280
OCTOBER 19, 2005
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL
A.. General Council Business
2. CALL TO ORDER: 5:30 P.M. in CHAMBERS
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC SERVICE ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB05-234)
B. Purchase of Ambulance from BRAUN NORTHWEST of Chehalis, WA (#AB05-235)
C. Release of Sewer Easem!=lnts for Kitsap County Consolidated Housing Authority (KCCHA)
Harborside Development (#AB05-236)
6. PUBLIC HEARINGS
A. Public Hearing to amend HOME contract with Kitsap Community Resources (KCR) for
rehabilitation of Opal Court (#AB05-237)
B. 2006 Community Development Block Grant (CDBG) Allocation Proposal (#AB05-238)
C. Ordinance No.4950, adopting amendments to Title 20 of the Bremerton Municipal Code
relating to Zoning Code (#AB05-239)
7. GENERAL BUSINESS
A. Resolution No. 2982, adopting the 2006 - 2010 Consolidated Plan for HUD-funded
Activities (#AB05-240)
B. Ordinance No. 4949, amending Title 7 of the Bremerton Municipal Code relating to
Animals (#AB05-241)
C. Ordinance No. 4951, relating to consolidation of the Bremerton Housing Authority (BHA)
and Kitsap County Consolidated Housing Authority (KCCHA) (#AB05-242)
8. PUBLIC RECOGNITION
9. COUNCIL MEMBER REPORTS
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting.
CITY COUNCIL MEETING
OCTOBER 19, 2005
ITEM 7C - ORDINANCE NO. 4951
RE: CONSOLIDATION OF BHA & KCCHA
PLEASE PRINT YOUR NAME AND ADDRESS BELOW IF YOU PLAN
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CITY COUNCIL MEETING
OCTOBER 19, 2005
ITEM 7C - ORDINANCE NO. 4951
RE: CONSOLIDATION OF BHA & KCCHA
PLEASE PRINT YOUR NAME AND ADDRESS BELOW IF YOU PLAN
TO SPEAK TONIGHT
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 9833103' Phone (360) 473-5280
PROCLAMATION
WHEREAS, Mrs. B. F. (Angie) Harrison lived and contributed in many and
various ways to Bremerton, and
WHEREAS, Angie Harrison came to Kitsap County in 1904 in order to
serve and help the people living there, and
WHEREAS, when the infhJenza epidemic of 1918 struck hard in
Bremerton, Angie Harrison was a volunteer nurse, and
WHEREAS, Angie Harrison bought the Bremerton General Hospital, the
Board of Directors named it Harrison Memorial Hospital, and
WHERAS, Angie Harrison not only bequested everything to help the
people such as the hospital, and her home with all of her belongings to the
Bremerton Daughters of the American Revolution (D.A.R.), who continue to make
untold contributions to help people,
NOW, THEREFORE, I, Daren Nygren, President of the Bremerton City
Council, do hereby proclaim February 13th as
ANGIE HARRISON DAY
in appreciation for all she has done for the people of Kitsap County, and the
legacy of giving that continues through the Elizabeth Ellington Chapter of the
D.A.R. of Bremerton, Washington.
SIGNED this .~ 9th day of October, 2005. j)~ (~
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Daren Nygren, PreSident
Bremerton City Council
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I DATE SUBMITTED: BILL # 05'"". ~ 3 Y
AGENDA BILL
I CITY OF BREMERTON 5A
CITY COUNCIL
...........................................................................................1
SUBJECT: Committee Meeting Date:
Claim & Checks Register Approval COUNCIL MEETING Date: /1)-/9-()5
Department: Financial Services
Presenter: Cathy Johnson
Phone:
SUMMARY:
ATTACHMENTS:
FISCAL IMP ACTS (Include Budgeted Amount):
APPRO V ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA rgj
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve:
1) Check#'s 3033 'IS- - 303"3 n
EFT's ffp '31. ~ 39 -- ~ ~ /b3ff #1, 7Y
~r;?J~ $
2) Regular Payroll for $
3) Retiree Payroll for $
COUNCIL ACTION: ~prove. D Deny D Table D Continue o No Action
DATE SUBMITTED: BILL # () ~ - J3S"
AGENDA BILL -
CITY OF BREMERTON 58
CITY COUNCIL
........................................................................................
SUBJECT: Purchase of Ambulance Committee Meeting Date: October 12,2005
COUNCIL MEETING Date: October 19,2005
Department: PW & Util
Presenter: Jim Orton, Fleet
Manager
Phone: 5356
SUlVIMARY: Department 510 shows replacement of a 1995 ambulance for the Fire Department.
Council approval is requested for the purchase of a 2006 Ford E450 wi Northstar Ambulance from
Braun Northwest of Chehalis, Washington utilizing an approved bid from Island County Fire District
1. The total purchase cost for the 2006 Northstar 167-3 medic unit/ambulance is $141,814.80,
including sales tax. This replacement is in the 2005 approved budget and funding is available in the
510 account.
ATTACHl\IENTS: Copy of Proposal from Braun Northwest, Copy of approved interlocal
purchasing agreement with Island County Fire District 1.
FISCAL IMPACTS (Include Budgeted Amount): $141,814.80 from the 510 account in the 2005
budget.
APPROVALS: ('~('7'
DEPARTMENT DIRECTO~",:;::.7~'
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: /,,) CONSENT AGENDA ~
OPERATIONS: //1../ tL.{'_ ~
COUNCIL PRESIDENT: j)":""" '5r "'----
RECOMMENDED MOTION: Staffrecommen s approval to purchase a 2006 Ford E450 wi
Northstar ambulance from Braun Northwest ofChehalis WA. at a cost of$141,814.80
COUNCIL ACTION: 0 Approve 0 Deny D Table D Continue 0 No Action
10- 4-05; 9:00AM:BREMERTON FiRE DEPT ; 3604785380 # 0 3
SENT 8Y: BRAUN NW INC.; 360 748 0256; OCT-4-05 7:32AM; PAGE 2/2
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please indicate the options you want by initialing next to each option choice and signing
~here indicated below. After completion, please fax this form back to our office for
Immediate implementation and return the original form via mail for permanent records.
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1N1TlAL DESCRIPTION $
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INTERGOVERNMENTAL COOPERATIVE PURCHASING
AGREEMENT
Pursuant to Chapter 39.34 RCW and to other applicable laws, the CITY OF
BREMERTON and ISLAND COUNTY FIRE DISTRICT 1 (Camano Island Fire
and Rescue), both political subdivisions of the State of Washington, hereby
agree to cooperative governmental purchasing upon the following terms and
conditions:
This Agreement pertains to bids and contracts for supplies, material,
equipment, or services that may be required from time to time both by the
CITY OF BREMERTON and ISLAND COUNTY FIRE DISTRICT 1 (Camano
Island Fire and Rescue).
1. Each of the parties from time to time goes out to public bid and
contracts to purchase supplies, material, equipment and services.
Each of the parties hereby agrees to extend to the other party the right
to purchase pursuant to such bids and contracts to the extent
permitted by law, and to the extent agreed upon between each party
and the bidder, contractor, vendor, supplier, or service provider.
2. Each of the parties shall comply with the all applicable laws and
n regulations governing its own purchases.
3. Each of the parties shall contract directly with the bidder, contractor,
vendor, supplier, or service provider, and pay directly in accordance
with its own payment procedl:Jres for its own purchases. Each party
will indemnify and hold the other party harmless as to any claim arising
out of its participation in this Agreement.
4. Any purchase made pursuant to this Agreement is not a purchase from
either of the parties. The Agreement shall create no obligation to
either of the parties to purchase any particular good or service, nor
create to either of the parties any assurance, warranty, or other
obligation from the other party with respect to purchasing or supplying
any good or service.
5. No separate legal or administrative entity is intended to be created
pursuant to this Agreement. No obligation, except as stated herein,
shall be created between the parties or between the parties and any
applicable bidder or contractor.
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6. The CITY CLERK of CITY OF BREMERTON and the DISTRICT
SECRETARY of ISLAND COUNTY FIRE DISTRICT 1 shall be
representatives of the entities for carrying out the terms of this
Agreement.
7. This Agreement shall continue in force until canceled by either party,
which cancellation may be effected upon receipt by one of the parties
of the written notice of cancellation of the other party.
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APPROVED this~ day of APPROVED this 11..J day of
~f;t;;m~./u ,2005 rf1~!(tJ?lR___.-I , 2005
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CITY OF BREME ISLAND COUNTY FIRE DIST. 1
BY:~ -BY:=-~
Cary Bozeman . Stcve.-ldeft- G-flo/ (j/tlJO;..,F-j
Mayor ViC?-Chairman Q' the Board
APPROVED AS TO FORM:
~. BY:~
Roger Lubovlch ,/1-10>11"';- rn~ F,EJ.AJ5
City Attorney Fire Chief
By:r----)tU1 ,~~
Jane Jaq'uays ; '"'7,
District Secreta ,j
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DA TE SUBMITTED: BILL # O~ - J310
AGENDA BILL
CITY OF BREMERTON S~
CITY COUNCIL ................-........................................................................
SUBJECT: Release of Sewer Easements for Committee Meeting Date: October 12,2005
Kitsap County Consolidated Housing COUNCIL MEETING Date: October 19, 2005
Authority Harborside Development. Department: PW&U, Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: The Kitsap Consolidated Housing Authority is presently constructing the Harborside
Condominiums on the waterfront in Bremerton. There are four sewer easements across the
development site. These sewers have not been used in many years and have been replaced by another
pressure sewer in another location. It is proposed that the City release these sewer easements so the
titles may be cleared for the development and sale of the condominiums. These easements are
recorded in the Kitsap County Assesor's Office as A.F. 476932, A.F.48702, A.F.488933, and
A.F.988702
ATTACHMENTS: 1. Council Summary, 2. A.L.T.A. Survey :;: ee (en':)e c.r f"fv'l
'-' i- ,-
FISCAL IMP ACTS (Include Budgeted Amount): No impact. The sewer easements were replaced
several years ago by another pressure sewer.
APPROVALS: Q_ J
DEPARTMENT DIRECTOR: ,- "
CITY ATTORNEY: -----=::::::,
FINANCE DIRECTOR:
MA YOR: t~
FISCAL/BUDGET: CONSENT AGENDA [2(
OPERATIONS: ,(i~(.~e'i~~:d~~_ /'" ~
_(:OUNCIL PRESIDENT: ~~ .//~{1----
RECOMMENDED MOTION: Move to release sewer easements A.F. 476932, A.F.48702,
A.F.488933, and A.F.988702 as recorded in the Kitsap County Assessor's Office and authorize the
Mayor to execute the release of sewer easements in substantially the same form as presented.
COUNCIL ACTION: 0 Approve D Deny D Table D Continue o No Action
ab, Agenda Bills 2005, Release of Sewer Easements KCCHA
COUNCIL SUMMARY
RELEASE OF SEWER EASEMENTS FOR HARBORSIDE
CONDIMINIUMS
In the process of doing the title work for the Harborside Condominiums four
sewer easements were found. After researching City records it was found that
the sewers in these easements have not been used in several years. A new
sewer pump station at the easterly terminus of Second. Street and a force main
extending from the pump station to Burwellwas constructed several years ago to
replace the abandoned facilities.
Public Work and Utilities staff have researched the records and looked at
potential development in the area and see no potential use for these old
easements. It is proposed that the City release their interest in these easements
so the Harborside Condominiums can be constructed.
Return Address: City Clerk
City of Bremerton
345 6th Street, Suite 600
Bremerton, W A 98337
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Release of Easements
Reference Number(s) of Documents assigned or released: 488702,488703,476932, and 476933
Grantor(s): 1. The City ofBremerton
D Additional names on page of document.
Grantee(s): 1. Kitsap County Consolidated Housing Authority
D Additional names on page of document.
Legal Description: Lots 1-4, Boundary Line Adjustment! AF#200412010303
( abbreviated)
D Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number: 3718-003-001-0109, 3718-003-009-0200,
3818-003-011-0206, and 132401-3-207-2007
RELEASE OF EASEMENT
THIS INSTRUMENT made this _ day of , 2005, by and between
the CITY OF BREMERTON, a Washington municipal corporation of Kitsap County, State of
Washington (hereinafter "Grantor") and KITSAP COUNTY CONSOLIDATED HOUSING
AUTHORITY (hereinafter "Grantee").
Grantor for and in consideration of mutual benefits derived and/or other valuable
consideration, receipt of which is hereby acknowledged by Grantor, does by these presents grant,
convey, release and quit claim forever unto Grantee, its successors and/or assigns, all its right, title
and interest in and to those certain sewer easements recorded under Kitsap County Auditor's Nos.
488702, 488703, 476932, and 476933 over, under and across the real property in Kitsap County,
Washington described as follows:
Parcels 1 through 4, inclusive, Boundary Line Adjustment recorded under
Auditor's File No. 200412010303 and delineated in survey recorded in Volume 62
of Surveys, Page 141, being a portion of Lots 1 through 19, Block 3, Town of
Bremerton, according to plats recorded in Volume 2 of Plats, Page 30 and portion
RELEASE OF EASEMENT- Page 10f2
of Government Lot 3, Section 13, Township 24 North, Range 1 East, W.M., in
Kitsap County, Washington.
All subject to easements of record.
GRANTOR:
CITY OF BREMERTON
By: CARY BOZEMAN
Its: Mayor
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
On this day of , 2005, before me a Notary Public in and
for the State of Washington, personally appeared Cary Bozeman to me known to be the Mayor of the
City of Bremerton, a municipal corporation that executed the foregoing instrument, and
acknowledged it to be the free and voluntary act and deed of the municipal corporation, for the uses
and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said
instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year fIrst
above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
APPROVED AS TO FORM:
ROGER A. LUBOVICH
City Attorney
R\LEGAL\Fi1es\Current Active Files\KCCHA Condos\Release of Easementdoc
RELEASE OF EASEMENT-Page 2 of 2
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<xo ClEAN-OUT ....---...~--+--- GUARD RAIL eitOmfnt1d 11 'copy of the. mle InsrJrOllc" Commitmcmt No. (-204!J.52 llsued by the nile Insurer os W#H 01 a copy of eoch
GRAVITY S[YI(R flOW DIRECTION --------- GUTTER Instrummt NSltJd there,", arid Ihfl subject Irmd and eaeh tract or parcol '''.reof described In this survey Is the samll lortd' os
" ARE HYDRANT -. ., -. CUIl8lNC delcrfbfld. in tho TlUe CommItment; (a) If Ihe subJllcl lr;mrJ l;OI1slats of two Of' more Iractll or parCMs having common boundarfes.
~ WA"TER VAl\'E & 80X ~COHTOOR~Plllr.lARY thou frac/s OIld parcels QffJ contiguous dong lh. common btJ/Jflddrlss; (a) the SliOject Iona tlIIa I!f1ch tl'tll:f or pQfCtlf thsr'Df hall I-EGAL DESCRIPTION
lB WAlER ME1ER & sox COHTOJR - INmn.tEOlAlE
e v.ru EJ.:j BUS STOP o fOJf map desiglltdlM seporot, and distinct from that of ony ath",. land ond thfl sllbJect tond and <<Jch tract",. parcf/ thereof
<> U11UTYPOlE r::::::::i Is a separate, l#goHy subQMdt:d poteet; (0) this SlJIWy COft'uetly sho," on molltlrS of ffn;ord (ond 10 the edent thol cotI b~ .
.. POLE ANCHOR BUILDING focated, Ih(J;' foc;allan o(ld dIm~$fotlll) of whidl I hove b'(I(I advlsrtd a(fuetlng th" subject lOfld accordirrg 10 fhe fllgal t/(ISCr<ptlM Per Land. Titlfl compony.Polky NQ. E-204S52, "dotfld .My .7,. 20QS.
--~f~-*- lRArflC UCHT of:1lJch moIlers (JIlth Instrumcmt,. bot'J/c 'arnJ pog. numbtlf" Indlcatfld)...(f) flI/C~pt. os sholWl oo.lhJ,'slIfWy.. no port 0(- tM subject
m lRAffiC CABINET I I ASPHALT PA'o{IlOO" (NO HATCH) lond Is IDcGted In 0 l00-yeor flood Plain ar In tlII (denUflsd "nOM nrntl. ""'0 ~ 0:1 deflnDd pursuant to the Flood OfstJ:llor Parcels' through 4, inclusive, 8oundory Line AdjJstmfml rer;or'!ed undv
~~ JUNCTION BOlt - PDl'ItR . Iii'W"I'i(~ COIlCllmSlllU'ACE ~:c;~ A~~~~~c:~:i:d~oa~r:~~h:Y$~:;~t l::m~C~:::A:l:dP= s~oo;~':,/: Ina;~~~~U?::tz:;'~ 1979, AudItor's File NQ. 200412010303 ond delftrtn1ted In slIrwy r/JC<<dsd III Volume
~:g ~ ~ ~:LfONC. POU: 62 of Surw)'S. Pagfl 14', being a portion of LoIs 1 through 19, Block J,
POI\ER VAULT r.,,:'},",':l GRAVELSURrACE dfl"igllolion of (II'IY area as b....g ftr tho l00-yrHlf Flood PJofn or ~"aad drnn.. ....an". (g) to 'he b."t of my knowledp. ttlTs SUfVfIY Town at Brlllflerton, according to Plols recorrhd In Volume 2 of PlfJts, Pagfl
[!] UllUTY VAULT (N<lM-PO\\ER) :;haws the rekltkm at and r;tfstanl;e of on substantlol. wslblo buildings, sfdflwollcs and other /mpro'lffff/ents to tn1SflmCl'lts Qnr;I :SO rJIId portkm of CovemmClflt Lot J, SscllOlJ 1.1. TOWIIship 24 North, Range
.. tRfI'HONE BOOTH 1*;';';';';1 LAv.t.l Oft LANDSCAPING setback linea; QIld (h) to the best of my knowled~ ello.t rn sholflt on this SiJl'Wty. neither Ihe !$ubJllct land (lor any tract or, I Eost, W-M., In Kftliap CoLInly. Washing/an.
m TEUPHONE PEDESTAl.. ~ RIP-RAP parcel thereof sarvas any adjalning land for drainage, utNlt/~s, or Ingrsss Dr IIHJress.
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'\?;.!J:/,,'\~~~~J' I'nM<:::TTT 'T' A N'T'<::: TNI:_ BREMERTON, WASHINGTON ." ...,_ ,A"L TA rW~
DATE SUBMITTED: October 4,2005 BILL # 05 - .;\.)7
AGENDA BILL
CITY OF BREMERTON l.A
CITY COUNCIL ......a........g..aa.............u.................................................m.......,
SUBJECT: Public Hearing, Ammendment Committee Meeting Date: October 12, 2005
to HOME Contract with Kitsap Community COUNCIL MEETING Date: October 19,2005
Resources for rehabilitation of Opal Court. Department: DCD
Presenter: Betsy Howe
Phone: 472-5211
SUMMARY: In December 2003, the City of Bremer ton awarded Kitsap Community Resources
(KCR) $650,000 in HOME funds toward the purchase of Opal Court, 12 units of transitional housing
for families. Opal Court was purchased in June 2004 with City and other leveraged funds. Since then,
rehabilitation work has revealed significant mold, pest, and structural damage. KCR is requesting an
amendment increasing the original award by $150,000 in HOME funds to cover construction work
necessary to make the units habitable.
ATTACHMENTS: Memo summarizing current request and availability of HOME funds; pictures of
damage revealed through construction / rehabilitation.
FISCAL IMPACTS (Include Budgeted Amount): $150,000 in HOME fhnds
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
) /' ./
FISCALIBUDGET: /)~(, 'L:.~~~~~/ CL_- ;'? - CONSENT A~D
" --"'- .::"'(. -'.' ,~j .'
OPERATIONS: l~/t..C;.-~< (;tt-:::/r.L~;;-~
COUNCIL PRESIDENT: y~ y{~~ RECOMMENDED MOTION: Move to approve amendment to existing HOME contract with KCR
increasing award by $150,000.
COUNCIL ACTION: 0 Approve D Deny D Table o Continue o No Action
.".10.'.."'."......'. '. DEPARTMENT OF
. <?;,,!ii~}_~ L COMMUNITY DEVELOPMENT
,,\ i;i~';\3'('"t':'l('I;i'''Yjt \11 EM 0 RA N DUM
""'; ~ co;, ,,~,:;f~,:::~),i,' \-{,,: Y I
To: Bremerton City Council
From: Betsy Howe, COBG Program Coordinator 1:!J1....-
Date: October 4, 2005
Re: Amendment to existing HOME contract with Kitsap Community Resources (KCR)
As you are aware, the City awards HOME funds to projects that provide safe, decent and
affordable housing throughout the year as funds are available. In December 2003, the
Council awarded $650,000 to Kitsap Community Resources (KCR) for the purchase of Opal
Court, a 12 Unit complex located at 634 and 636 N Montgomery in Bremerton. Opal Court
will be used for transitional housing for homeless families with children.
In June 2004 KCR purchased the complex and began plans for rehabilitation. Once the
rehabilitation began, significant pest, mold and structural damage was revealed. Pictures are
attached. KCR is requesting an amendment to the original contract increasing the award
from $650,000 to $800,000; an additional $150,000 to insure the success of the project. If
awarded, all $150,000 will be applied toward hard construction costs necessary to make the
units habitable and safe. I have reviewed the requested increase and found costs to be
eligible and well defined. This request is vital to the success of the project.
A current accounting of the City of Bremerton's HOME project funds is as follows:
FY 2003: $ 6,468.00
- FY 2004: $ 422,209.74
FY 2005: $ 405,594.00
Total: $ 834,271.74*
Minus potential KCR amendment-$ 150,000.00
Remaining HOME funds after this request:: $ 684,271.74
(*Note: The May 2005 award of $562,206 to Habitat for Humanity was funded with HOME program
income at the direction of the HUD field representative. Project funds remain available.)
KCR Opal Court - damage found during rehabilitation
Front View of Opal Court
Rot and Mold found in ceiling
Rot found in floor on upper levels
I i !
I
More rot and mold
KCR Opal Court - damage found during rehabilitation
More rot - upper deck removal and rehab
Bathroom water damage
ead ants post-extermination
DATE SUBMITTED: 10/5/05 BILL # OS - ~38
AGENDA BILL
CITY OF BREMERTON 48
CITY COUNCIL ........................................................................................
SUBJECT: 2006 CDBG Allocation Committee Meeting Date: 10/12/05
Proposal COUNCIL MEETING Date: 10/19/05
Department: DCD-Grants
Presenter: Howe-Morgan
Phone: 5375
SUMMARY: This bill requests the support of the Council in the assignment of federal grant funds to
certain public and non-profit agencies who have applied for the money. Proposed block grant
allocations and HUD-required annual action plan are delivered to the Council yearly following
deliberations by two Citizen Advisory Committees, according to an approved Policy Plan. The one-
year action plan is part of and will be submitted to HUD with the 2006-20 I 0 Consolidated Plan
discussed elsewhere.
ATTACHMENTS: 2006 Proposed Distribution ofCDBG Funds, Tentative applicant awards.
FISCAL IMP ACTS (Include Budgeted Amount): Pass-through funds only
APPROV ALS: I
DEP ARTMENT DIRECTOR:
CITY ATTORNEY: --
FINANCE DIRECTOR: 1.------
MA YOR:
""";.... f'--7', /1
FISCAL/BUDGET: /,1 } 't?rf7)~~ . CONSENT AGENDA)?; .-.')
.' i{f~- -;..- "V~ .' . f '--;--_.-
OPERA nONS: /F.. 1/ \'{'~ L'
~~ /' -i r .'. .-/" " 0 ".~_-- ,,1 ",'"
COUNCIL PRESIDENT: -s;~(cr;:'I_"'- (V
RECOMMENDED MOTION: Move to approve the proposed 2006 CDBG priorities and authorize
the allocations.
COUNCIL ACTION: 0 Approve D Deny D Table o Continue o No Action
Department of Community Development
Grant and Loan Programs
MEMORANDUM
To: Bremerton City Council
From: Hugh Morgan, Programs Administrator
Date: 9/30/2005
Re: 2006 Community Development Block Grant Allocation Proposals
Citizen Advisory Committees evaluating public services, capital improvement, housing
and economic development applications for funding have <:;ompleted their work.
The first attachment details 2006 proposed receipt of funds, while the second attachment
details applicants, project names, proposed funding and committee rating.
Following Council Approval, a One-year Action Plan will be submitted to the Department
of Housing and Urban Development as required. This plan is included with the 2006-
2010 Consolidated Plan considered elsewhere at this time by the Council.
Funding income is estimated only. The City typically gets an estimate of federal grant
dollars in February or March each year and a formal contract in April or May.
Reprogrammed funds are available immediately and Program Income is subject to
adjustments pending the City's balancing of accounts in January.
I ,~"_> : " ""_..0,',, "-,'__ '_- -.':,"_---',.--:":,.,.-.-, _i<" _:. :_-'.<___': :.: II
. --'. " ',." '--- -' ''': ',','"" "-','"',, - ' , "-" :""
2006 PROPOSEOiDISTRIBUTI()N,OFCQBc;..FUNOS.."...
Estimated Funding Available for the 2006 COSG Allocation Process *
Estimate of 2006 Entitlement (2005 Allocation) 541,603
Estimated Residential Rehabilitaton Revolving Loan Fund (PI) 125,000
Estimated Program Income (PI) Available 275,000
Total Entitlement + PI 941,603
Reallocated Funds prior year projects: 45,000
Total Available for allocation 986,603
Available for 2006 Public Service (15% of entitlement + PI ) 141,240
Available for COB DCD 2006 Planning and Admin (20% of entitlement + PI) 188,321
subtotal 329,561
Residential Rehabilitation Loan Program 125,000
Available for Capital Projects ( 65% of entitlement + PI + recaptured capital project funds) 532,042
* All amounts are tentative 986,603
2006 CDBG ALLOCATION PRIORITIES
- < ~ , " - <- ~" ::~::~~~"~~" ~:~,~:;~
I: '. . . ,"- 'Pro,itlctNam, . Amtf 'd' ,"
, ! ,';:, -0' _, > ~
06 City of Bremerton Administration 187,363
06 City of Bremerton Housing Rehab Loans 125,000
Public Services
06 Bremerton Foodline Agency Salaries 21,150 125.00
06 Kitsap Family YMCA Childcare Scholarships 10,000 121.25
06 Bremerton Services Association Chuckwagon Meals on Wheels for Bremerton S 17,600 120.00
06 Kitsap Community Resources (KCR) Housing Counseling Program 30,000 108.75
06 City of Bremerton Parks and Recreation Playground Program 16,000 100.00
06 Catholic Community Services Benedict House 25,000 90.00
06 Kitsap Sexual Assault Center Child Abuse Intervention 15,015 83.75*
06 Washington CASH Small Business Counseling 6,475 83.75** 141,240
Capital Improvements/Economic Development
06 Kitsap Community Resources (KCR) Community Services Center 250,000 124.00
06 Kitsap County Consolidated Housing Authority Start-up Costs for New Markets Tax Credits 50,000 105.20
06 Kitsap Community Resources (KCR) Weatherization/Minor Home Repair 75,000 102.00
06 Bremerton Foodline Security Improvement 8,000 101.40
06 Kitsap County Community Development Corporation Staffing and Revolving Loan Fund 60,000 100.40
06 Peninsula Services Business Development and Marketing 30,000 97.00
06 City of Bremerton Public Works Sidewalk access ramps 60,000 91.00 533,000
06 Transitional Options for Women Marilyn Brandenburg Boarding House 289,000 69.00 822,000
06 Archdiocesan Housing Authority Max Hale Storefront Renovation 80,000 62.00 902,000
06 City of Bremerton Public Works Traffic Calming 45,000 58.00 947,000
06 City of Bremerton Public Works Perry Avenue Sidewalks 45,000 46.60 992,000
Tentative Expenditures 986,603
II ",.
* Priority ties were broken by committee vote.
** Projects above the heavy lines are likely to be funded. Projects below the heavy lines are alternates.
DA TE SUBMITTED: 10/11/05 BILL # ~39
AGENDA BILL
CITY OF BREMERTON I C
CITY COUNCIL U)
........................................................................................
SUBJECT: Ordinance No. 4q 5"0 adopting Committee Meeting Date: 9/27/05, 10/4/05
amendments to BMC Title 20 relating to COUNCIL MEETING Date: 10/19/05
zoning. (Public hearing item) Department: Comm. Development
Presenter: C. Hugo
Phone: 473-5275
SUMMARY: The proposed ordinance enacts the fifth and final "package" of new section of the
zoning code and a new zoning map. This is the final step in the implementation of the 2004
Comprehensive Plan. The enactment of development regulations consistent with the 2004
Comprehensive Plan is necessary to maintain compliance with the State Growth Management Act.
Package #5 consists of the full proposed Title 20 zoning code. Amendments, edits and revisions to
zoning packages #1 - #4, previously reviewed and adopted but not enacted, are contained in Package
#5. Adoption of the proposed ordinance (Package #5) will make the Title 20 zoning code and official
zoning map effective. Previously adopted Ordinances No. 4932 (Package #1), No. 4937 (Package
#2), No. 4941 (Package #3), and No. 4946 (Package #4) will be simultaneously repealed.
A TT ACHMENTS: 1) Summary Memo to Council. 2) Proposed BMC Title 20 Chapters 20.40 -
20.98 (CITY COUNCIL RECEIVED THIS PORTION ON SEPTEMBER 27,2005). 3) Proposed
official zoning map. 4) Summary of public comments. 5) Summary ofPackge #5 revisions. 6) Draft
Planning Commission findings and determination.
FISCAL IMP ACTS (Include Budgeted Amount): Faitte to maintain GMA compliance may
jeopardize eligibility for State grants and loans, particularly Public Works Trust Fund loans.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET: ..' "] / i -, CONSENT AGENDA D
OPERATIONS / />"l j<lf // 1'./ " ! v
: L,,,."~1t',c...~~,r_;'",t"l..,,""'_,.... 1/ ;"../'(.;( 'f'_1~,k.-t_.__~.
COUNCIL PRESIDENT: y"'^"- I~
RECOMMENDED MOTION: Move to continue the Public Hearing on Ordinance No. 4tt ~O
adopting the proposed zoning code and proposed official zoning map to the November 30, 2005 City
Council meeting.
COUNCIL ACTION: D Approve D Deny D Table D Continue 0 No Action
ORDINANCE NO. 4 Cf .s-O
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, recodifying Title 20 of the Bremerton
Municipal Code as Land Use; repealing Ordinance Nos. 4932,
4937,4941, and 4946; recodifying certain sections of Title 20 and
21; repealing Title 21; and adopting the Official Zoning Map, all
relating to Land Use.
WHEREAS, the proposed update to the Land Use chapters of the Bremerton
Municipal Code meets the requirements of the Washington State Growth Management Act
(GMA) and is intended to satisfy the requirement for consistency between development
regulations and the Comprehensive Plan as required per RCW 36.70A.040(4)(c); and
WHEREAS, the updated Zoning Code is consistent with Kitsap County County-
Wide Planning Policies (KCCPP); and
WHEREAS, the City's Comprehensive Plan was adopted on December 1,2004;
and
WHEREAS, the new Title 20 represents development regulations that are
consistent with the 2004 City ofBremerton Comprehensive Plan, and implements a wide range
of goals and policies from the Plan; and
WHEREAS, the new Title 20 contains the Official Zoning Map and implements
the Official Land Use map illustrated in the 2004 Comprehensive Plan; and
WHEREAS, the Zoning Code update process incorporated continuous and open
public involvement and adequate public notice, and underwent numerous public hearings and
workshops at both the Planning Commission and City Council levels; and
WHEREAS, public comment was received throughout the duration of the Zoning
Code Update process and the Planning Commission addressed the full range of comments
received; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 20 ofthe Bremerton Municipal Code entitled "Subdivisions"
is hereby recodified as Title 20 "Land Use."
SECTION 2. Section 20.04 of the Bremerton Municipal Code entitled "Short
Subdivisions and Plats" is hereby recodified as Section 20.12 of the Bremerton Municipal Code.
1
Zoning Code and Zoning Map
SECTION 3. Section 21.04 of the Bremerton Municipal Code entitled
"Shoreline Development" is hereby recodified as Section 20.16 of the Bremerton Municipal
Code.
SECTION 4. Section 21.06 of the Bremerton Municipal Code entitled
"Comprehensive Plan Amendments" is hereby recodified as Section 20.10 of the Bremerton
Municipal Code.
SECTION 5. Section 21.12 of the Bremerton Municipal Code entitled "State
Environmental Policy Act" is hereby recodified as Section 20.04 of the Bremerton Municipal
Code.
SECTION 6. Section 21.22 of the Bremerton Municipal Code entitled "Critical
Areas" is hereby recodified as Section 20.14 of the Bremerton Municipal Code.
SECTION 7. Ordinance Nos. 4932,4937,4941, and 4946 are hereby repealed in
their entirety.
SECTION 8. The following Sections of the Bremerton Municipal Code are
hereby adopted as depicted in Exhibit A attached hereto and incorporated by this reference:
Section Title
20.02 Project Permits
20.18 Text Amendments
20.40 Administration
20.42 Definitions
20.44 General Development Standards
20.46 Special Development Standards
20.48 Off-Street Parking Requirements
20.50 Landscaping Requirements
20.52 Sign Standards
20.54 Non-Conforming Uses
20.58 Land Use Permits
20.60 Low Density Residential (RIO)
20.62 Commercial Corridor (CC)
20.64 Wheaton Way Redevelopment
Corridor (WWRC)
20.66 Neighborhood Center Core
(NCC)
20.70 District Center Core (DCe)
20.74 Business Core (BC)
20.75 Downtown Core (DC)
20.76 Downtown Waterfront (DW)
20.78 City Core Residential (CCR)
20.79 Multiple Residential (MR)
20.80 Master Development (MD)
2
Zoning Code and Zoning Map
Section Title
20.82 Neighborhood Business (NB)
20.84 Limited Commercial (LC)
20.86 Freeway Corridor (FC)
20.88 Marine Industrial (MI)
20.90 Industrial Park (IP)
20.92 Employment Center (EC)
20.94 Industrial (I)
20.97 Watershed (WS)
20.98 Institutional (INST)
SECTION 9. The remainder of Title 21 not recodified herein is hereby repealed
in its entirety.
SECTION 10. The Zoning Map of the City of Bremerton is hereby repealed and
the Zoning Map attached hereto as Exhibit B is hereby adopted as the City of Bremerton Official
Zoning Map.
SECTION 11. Severability. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 11. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the day of ,2005
DAREN NYGREN, Council President
Approved this day of ,2005
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
P AULA JOHNSTON, City Clerk ROGER A LUBOVICH, City Attorney
3
Zoning Code and Zoning Map
PUBLISHED the day of ,2005
EFFECTIVE the day of ,2005
ORDINANCE NO.
R:\LEGAL\Ordinances\Community Development\2005 Zoning Code Amendment\Title 20 - Fina1.doc
4
I Zoning Code and Zoning Map
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MEMORANDUM
CITY OF BREMERTON, DEPARTMENT OF COMMUNITY DEVELOPMENT
:::::::::::::::::::;:::;::-~':::::::::::::::=;::::::::~:::::::::::::;:.~-::.,':::::::::::;:::;::::::::::::.~;,:::,::.,:,.:..,%'.::::;;.~::.c::,-:::::::::::';::::::.:c::::::::,~:!::::::::::,:':.:~=:,:;::;::;"~~~::,c::::::::::!::.:::::;;:;:::=:::::::::::,::::::,:;::;::::,:::::,';'.;:::;::::::::::;::::-:::::::::':::.'!:;::::::;:::;'-:::::'-:'=.':::::::::::::::::::::::--:=-..:::::;:'~.='!.
TO: COUNCILMEMBERS: ARENDS, GEHRING, MAUPIN,
MCCONNELL, NYGREN, PRIEST, ROBINSON, SHEPHERD,
SHORT
FROM: DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF
SUBJECT: ZONING CODE UPDATE PACKAGE #5
DATE: 10/12/2005
We are pleased to present Package #5 of the Title 20 Zoning Code Update as
recommended by the Bremerton Planning Commission for Council adoption.
Package #5 culminates a complete update of the Bremerton zoning code,
replacing the existing Title 21.02 code with the proposed Title 20. Adoption of the
Title 20 Zoning Code implements regulations to carry out the land use plan and
community vision of the 2004 Bremerton Comprehensive Plan.
Timeline for Council Review and Action
The Bremerton Planning Commission made an official recommendation to City
Council for adoption of Package #5, Title 20 zoning code and official zoning map,
on 9/20/05. Council held study sessions on the recommended Package #5 on
9/27/05, and 10/04/05. Council's study sessions resulted in suggested
amendments. The latest amendments are being reconsidered by Planning
Commission during a 10/18/05 hearing, and their recommendation will be
forwarded to City Council shortly thereafter.
The intent of the October 19th Council public hearing is to solicit additional input
from members of the public and provide opportunity for further Council
deliberation on Package #5. Adoption of development regulations is an action
requiring a 60-day State agency review period. State Agency review of the full
Package #5 was initiated on September 20,2005. It is anticipated that a final
Package #5, including the most recent amendments will be reviewed during a
continued Public Hearing on November 30th, 2005 - after expiration of the State
agency review period. Final Council action on Package #5 is recommended for
the November 30th date.
Documents I Ordinance Formatting
Please note that the full Package #5 and supporting review materials were
distributed in binders to Council at the time of the 9/27/05 study session. Please
refer to these materials for the October 19 Public Hearing. The review version
currently before Council is the Package #5 as initially recommended by Planning
Commission following their 9/20/05 Public Hearing. As indicated above, Council
remanded a few items back to Commissi6h for their review and recommendation
- Commission will be conducting an additional hearing on these items on
10/18/05 and will forward a recommendation for Council consideration shortly
thereafter. Staff will prepare a revised document that encompasses all the final
changes to Package 5 in advance of the continued City Council public hearing on
November 30th.
Pending Amendments
Several pending amendments suggested by Council are currently under review
by Planning Commission, and will be brought before Council at the time of the
continued November 30th public hearing. The amendments include:
. Amendment to Figure 20.74(a) concerning allowable height limits
within the Downtown Regional Center.
. Amendment to Chapter 20.60 Low Density Residential (R-10)
concerning infill densities in underutilized urban fringe areas.
. Amendment to official zoning map, concerning the extent of the
Business Core zone at the western edge of the Downtown Regional
Center.
If you have any questions please contact Geoff Wentlandt 473-5845, or Planning
Manager, Andrea Spencer 473-5283.
-
2
------------
Summary of Public Comments
Bremerton 2005 Zoning Code Update
October 11, 2005
The following table includes record of public comments received by the Planning Commission
during the 2005 Zoning Code Update. Comments received via mail and e-mail are included, as
well as a synopsis of verbal comments received during public hearings*. Where revisions or edits
were made in response to comments a summary of the revision is provided.
* This table does not substitute for record of Hearing comments. For complete and accurate record
of public comment received during Hearings please see official hearing minutes.
Section Comment Revision I Response
Zoning Map Mark and Katarina Warns, the owners of the - The adopted 2004 Comprehensive Plan designates the area in
2838 Clare Avenue parcel in E. Bremerton, question as Low Density Residential. The R-10 zone is applied for
which is currently zoned MF, are concerned consistency with the Comprehensive Plan.
that the property is being 'down-zoned' to R-10. - The R-10 zone allows for a range of infill housing types includeing
The owner objects to the potential change attached Zero Lot Line development. Under the proposed R-10, the
stating it will decrease the usable value of the size of the parcel and the average neighborhood density calculation
property. The owner is also concerned about would control the number of allowable lots (units) that could be
adequate notice to property owners who are created.
being negatively impacted, Mr. Warns - Both the Comprehensive Plan and the Zoning Code Update
described the project he hopes to construct on processes have undergone numerous public hearings and public
the site during the 9/20 public hearing and meetings, all of which were duly noticed in published newspapers
submitted a conceptual drawing for the record, according to legal requirements.
Zoning Map An appraiser representing the owner of Tony's This is attributable to a minor Comprehensive Plan mapping error.
Pizza on Kitsap Way visited the OCD office to The policy is for areas zoned General Business on the existing map
discuss the zoning of said parcel on Kitsap to retain a commercial zone designation. The proposed zoning map
Way. The parcel was shown as R-10 on the was edited so that LC covers the parcel in question.
9/6 draft zoning map, but the existing zoning is
GB. The concern is that the parcel should
continue to be in a commercial zone.
Zoning Map Letter received from the law offices of James C. - The zoning map error is corrected, extending Limited Commercial
Tracy (9/19/05) representing the Estate of Tony (LC) to the Kitsap Way portion of the parcel.
Zampella owner ofthe Tony's Pizza parcel. - Limited Commercial (LC) is an appropriate designation for the
Concerns are: 1. a mapping error showing R-10 uses on the property and is consistent with policy applied for other
extending to Kitsap Way (corrected), 2. a areas of existing GB zoning.
request for CC zone designation, 3. removal of - The 'split-zoning' is consistent with Compo Plan land use map and
'split-zoning' of the parcel (a narrow portion is intended to keep commercial development oriented to Kitsap
extending to Oyster Bay is R-10), 4. accuracy Way.
of parcel base maps used for mapping, - Parcel base map information is provided by the Kitsap County,
GIS office. Records are the best available to the City of Bremerton
at the time of map creation.
Zoning Map Tom Hewhough representing the owners of a - The parcel is located in the middle of a Neighborhood Center
vacant parcel at N. Callow Ave./15lh are designated in the adopted 2004 Comprehensive Plan. Neither the
concerned that a drive-up espresso stand existing Neighborhood Business (NB) zone nor the proposed
should be allowed at the site. Mr. Hewhough Neighborhood Center Core (NCC) zone allow for drive-through
requested a zoning designation that would lanes. The location is crucial to the future development of the area
allow drive-through lanes. Mr. Hewhough as a local-serving, neighborhood and pedestrian oriented Center
claimed that an espresso stand would be an consistent with the Comprehensive Plan land use and Centers
1
improvement to the neighborhood. (PC vision, A rezone in this location would clearly undermine the
Hearing 9/20/05) location as a Center. Allowing drive-through lanes in the location
would open up all other designated Neighborhood Center Core
(NCC) zones to drive-through lanes.
Zoning Map Jim Fee, owner of the market at 2708 15th St. See above response.
supports a rezone proposal to allow the
proposed espresso stand for the N. Callow I
15th site. Mr. Fee helped collect signatures
from neighbors in support of the stand. He
believes the espresso stand would be an
improvement to the neighborhood. (PC Hearing
9/20105.)
20.82.& The Home Builders Association object to the 6' After holding a working meeting with the Homebuilders Association
20.84 wall/fence plus 5' planting bed adjacent to the a more flexible design standard for buffering from the low density
residential zone, in the NB and LC zoning residential zone was created for the NB and LC Chapters. (20.82
chapters. They recommend more flexible and 20.84)
design standards for such buffering. (8-18-05)
20.66 The Home Builders Association object to the The height limit of 35' responds to the height limit of the R-1 0 zone,
35' height limit in the Neighborhood Center which is closely adjacent to many NCC areas. The limit is to protect
Core zone, arguing that it does not allow impacts in the low density residential area and is retained for this
enough height for creative development (6-05) reason. With future sub-area planning taller allowable heights in the
NeC zone may be possible, However a planning process must
occur to ensure compatibility with neighborhood character.
20.74.060 The Home Builders Association say the 35' The height limit of 35' responds to the height limit of the R-10 zone,
height restriction in the NB zone does not allow which is closely adjacent to NB areas. The limit is to protect
for or encourage creative site and building impacts in the low density residential area and is retained for this
design. Allowing taller buildings could utilize reason.
space better. (8-18-05)
20.97.010 Hellen Miller is concerned about the Tracy ton The zoning code can not limit the ability of the City to sell property,
Watershed primarily. She would like to know if Other legal mechanisms or other sections of the BMC would be
there are any regulations that will limit sale of more applicable to this issue.
this and other watershed properties, (08-16-05
Public Hearing)
20.48 Mike Connolly from Olympic College is Higher education colleges exempted from the 1 bicycle parking
concerned that the amount of required bicycle space per 20 students.
parking is far too much for a higher education
institution. (8-16-05 Public Hearing and e-mail)
20.98,060 Ron Easterday representing Olympic College is The maximum height limit was modified to 85' in the Institutional
concerned that the 80' height limit in the zone.
Institutional zone will not accommodate six
story buildings. He feels the college needs 85'
max instead of 80' for lab space and modern
classrooms. (08-16-05 Public Hearing)
20.48.080 Mike Connolly from Olympic College is Parking spaces will continue to be calculated based on the types of
concerned about accessory use parking and uses taking place on the site.
how to decide the appropriate amount of
parking spaces for Non-Academic use
buildings, (8-10-2005 & 8-16-05 Public
Hearing.)
20.88.060 Mariner's Landing feel the maximum height A Conditional use allowance for dry boat stacking to a height of 50'
restriction of 35' is not enough and request the was added, provided certain criteria are met, including assurances
maximum be raised to 50' for dry stack boat against view blockage,
storage,(8-1-05)
2
20.60 Jim McDonald is glad duplexes are not going to Design standards in several sections of the zoning code address
be allowed in R-10 and would like tighter the character of structures, Design standards are limited in the R-
restrictions on remodeling them including rules 10 zone,
against "tackiness". (4-9-05)
20.66,080 Heidi & Lowell Y oxsimer own the property at A parking reduction to allow for changes of use in land use centers
2720 15th St in the Haddon Park Neighborhood. was added to the existing Title 21 code, and carried forward in the
The building cannot accommodate the parking Title 20 Code to accommodate this issue. 20.48.100(a)
requirement. They are requesting that existing
commercial buildings be exempt from the on
site parking restrictions. (2-15-05)
All zone Ron Ross would like to know the earliest he Drafts of the Title 20 Zoning Code Update have been continuously
Chapters. can pick up any draft text proposed for public available for download on the City of Bremerton website.
comment regarding community and
neighborhood centers. (9-23-04)
Various o Lane Homes Co. would like the zoning Zoning changes are occurring according to the required public
zone changes to occur quickly so they can begin process. A text amendment to the existing Title 21 code was made
Chapters. marketing their buildings. (6-3-05) to accommodate this issue.
Various Douglas Babbit would like to build the new A rezone action to PO concerns the existing Title 21 code. The full
zone Kitsap Coroner's Building at 109 Austin Drive zoning map is under review by the public and Planning Commission
Chapters. however it is zoned MF. He would like it as part of the Title 20 update. Zoning designation must be
rezoned to PO, (4-15-05) consistent with the adopted Comprehensive Plan.
Various Jim Bennett at Re/Max would like the 3 Assigned zoning is consistent with the Comprehensive Plan
zone properties located at 2921 State Hwy 16 to be designations. The general policy has been to keep areas
Chapters. considered for a zone reclassification because designated commercial on the existing map in designation which
they have been zoned commercial for 60 years allow some form of commercial in the new Title 20 code.
and now are zoned residential. (5-5-2005)
No specific Stanley Smith owns property just off Wheaton The full zoning map is under review by the public and Planning
section, Way and he would like to see that area rezoned Commission as part of the Title 21 update. Zoning designation
to accommodate a higher density residential must be consistent with the adopted Comprehensive Plan. The
instead of the zoning currently in place. (12-21- proposed Wheaton Way Redevelopment Corridor zoning allows for
04 Public Hearing) a range of higher density and mixed-use housing types.
20.54 Eric Nemeth owns property currently zoned SF- - The non-conforming chapter 20.54 addresses how such structures
3 that has a warehouse structure grandfathered may be repaired or replaced.
in, He is concerned about repair I replacement - A number of proposed Title 20 zone chapters include design
of a nonconforming structures. He also would standards for the configuration and appearance of building
like to know what plans are in place to structures.
encourage improvement of the general look of
structures. (12-21-04 Public Hearing)
Susan Brown is concerned about sidewalk Sidewalk standards are generally administered by Public Works,
standards and would also like to see some and are addressed in areas of the code other than Zoning.
language changes regarding buffering. (12-21-
04 Public Hearing) '.-
20.44.110 Richard Nerf is concerned about lighting and The General Standards section of the code requires a photometric
how it is addressed in the proposed zoning lighting plan to be submitted with all commercial and multi-family
package. (12-21-04 Public Hearing) projects. This allows DCD to review projects so they meet lighting
standards. DCD will also address reduction of light pollution in the
future with a low impact development study or ordinance.
3
Summary of Package #5 Revisions
Package #5 Zoning Code Update
October 11, 2005
The following table includes record of revisions and edits made to the text and map, in Package #5.
Many of the revisions are based on comments or corrections suggested by the Planning
Commission and City Council during workshop or study session. Several additional revisions were
made based on public comment.
Section Comment Revision
20,64 A criteria needs to be added to the Wheaton 20.64,060(d) added, stipulating that commercial development shall
Way Redevelopment Corridor zone to ensure be located within 200' of the arterial street frontage, This distance is
that commercial development is limited to the consistent with existing zoning boundaries of the Title 21 General
portions of parcels fronting along Wheaton Business (GB) zone on key parcels within the Wheaton Way
Way. This is consistent with Comprehensive Corridor.
Plan policy language for the WWRC
designation, and protects abutting low density
residential uses. (PC Hearing 9/20105)
20.62 Residential as a secondary use should be in Residential as' a secondary use added as an allowable use in the
the list of allowable uses in the Commercial Commercial Corridor (CC) zone. (This had been inadvertently
Corridor (CC) zone. (PC Hearing 9/20105) deleted from a previous draft.)
20.70.060 The side and rear yard setbacks in the District (b),(c) Side yard setbacks in the District Center Core (DCC) zone
Center Core (DCC) zone are too large. 20' are reduced from 20' to 10'.
should be reduced to 10'. (PC Hearing 9/20105)
20.60 & Language regarding Public utilities should be Language regarding Public utilities removed from the allowable
20.74 removed from the allowable uses list, since uses lists in individual zone chapters.
public utility facilities and
distributionltransmission facilities are
addressed separately in 20.46, Special
Development Standards. (PC Hearing 9/20105)
20,52.050 Additional language should be added regarding (i) Additional language added to ensure that the exception to the
the exceptions for Product Signs on the prohibition of product signs for franchise businesses may only apply
premises of franchise businesses. (PC Hearing to advertisement of the franchise product.
9/20105)
20.48.060 Before the table of parking standards begins, a A reference to the 20.48.050 'Modifications to Parking Development
reference to the 20.48.050 'Modifications to Standards' is added under 20.48.060(h) and 20.48.080(m),
Parking Development Standards' should be
added to assist the reader. (PC Hearing
9/20/05)
20.46.020 Requirement for fences to have a finished 20.46.020(g) added, extending requirement for finished exteriors of
exterior appearance should be applied to all fences to all fences, not just residential ones.
fences, not just residential ones. (PC Hearing
9/20105)
20.46.020 "Special" should be removed from Conditional "Special" removed from Conditional Use Permit language,
Use Permit language. (PC Hearing 9/20105)
20.42 Maximum Setback definition should be Maximum Setback definition amended to include language applying
amended to address building constructions for maximum setback to (15) feet above grade, or the height of a
one-story buildings that are lower than 15 feet. building, whichever is greater.
(PC Hearing 9/20105)
1
20.42 Minimum and Maximum Density definitions Minimum and Maximum Density definitions revised for further clarity
need further clarification. A word appears to be and corrected.
missing from the Minimum Density definition.
(PC Hearing 9/20/05)
Zoning Map The designation of Commercial Corridor (CC) Commission recommended the alternative to extend Business Core
Warren / within the Downtown Regional Center in the (BC) zoning north of 6th St. in the Park / Warren corridors. BC
Park Park / Warren corridors north of 6th St. may not zoning is tailored more closely to a downtown environment. Height
corridors be appropriate. Commercial Corridor is more limits in the Downtown Regional Center are controlled by figure
befitting of large-scale arterials such as Kitsap 20,74{a) so height would not be altered by this alternative. No
Way and Wheaton Way. The Commission Compo Plan amendment is required with this proposal since BC is
reviewed an alternative to extend the Business already an executing zone in the Downtown Regional Center.
Core (BC) zoning north of 6th St. in the Park /
Warren corridors. (PC Hearing 9/20105)
Zoning Map - Is Neighborhood Center Core (NCC) an Commission recommended Alternative C - an adjustment to a
Oyster Bay appropriate designation on busy Kitsap Way? smaller Oyster Bay Neighbohood Center, with Commercial Corridor
Area - Is it appropriate to add Commercial Corridor zoning extending further west along Kitsap Way. Neighborhood
(CC) within a Neighborhood Center Compo Plan Center Core zoning is retained along a smaller portion of Kitsap
designation? Way. This will require a Director initiated Comprehensive Plan
- The Oyster Bay neighborhood center is out of amendment in 2005, to reduce the size of the Oyster Bay
scale with other Bremerton neighborhood Neighborhood Center on the Compo Plan land use map.
centers.
Commission reviewed three alternatives for
addressing the Oyster Bay Center. (PC Hearing
9/20/05.)
20.40{b) Figure 20.40{b) Comprehensive Plan / Zoning - Commercial Corridor (CC) zone removed for Neighborhood Center
Consistency Table. Several implementing (NC) Comprehensive Plan designation.
zoning districts not properly listed with - Institutional (INST) and R-10 zones added for Employment Center
comprehensive plan designations. Comprehensive Plan designation.
- R-10 zone added for Downtown Regional Center Comp Plan
designation.
- Institutional (INST) zone deleted from TUPF Comp Plan
designation.
20.42 Should be single, comprehensive alphabetized Definitions reordered into single, comprehensive, alphabetized list.
list with all definitions. Categorization is
confusing.
20.42 Heavy and Light industrial uses definitions. While obnoxious seems like a strange choice of word, it was
'obnoxious' might be the wrong word to difficult to find a better more quantifiable replacement. The text is
describe odors and is hard to define, retained, and would be Director discretion if the term is called into
question.
20.42 & The Public Facility definition needs to be 'Public Distribution / Transmission Facility' definition added and
20,46,150 clarified and a Public Distribution Facility 'Public Utility Facility' definition clarified. In Chapter 20.46 Special
20.46.160 definition needs to be added. Where these Development Standards, Public Distribution / Transmission Facility'
utility uses are allowed needs to be clarified. allowable outright in all zones, and Public Utility Facilities added as
Utility infrastructure needs to be allowed, at allowable by condition use permit in all zones.
least as a conditional use in all zones.
20.42 BayWindow definition needs more clarification, More clarity on dimensions etc. added to Bay Wiindow definition.
20.42 Building Envelope definition need clarification. Definition clarified by adding 'Allowable'.
20.42 Staff Initiated A number of definitions are no Several unnecessary definitions removed, including those relating to
longer necessary and should be removed. non-conforming that are contained in the non-conforming chapter.
20,42 & The issue of maximum setbacks needs more Separate definitions for Minimum Setback and Maximum Setback
various attention, In the case of a maximum setback, created. Maximum Setback definition defers to the design standard
zones. how much building fayade needs to meet the of individual chapters, where more detail is provided,
maximum?
2
20,42 (also Staff Initiated Density, Maximum Density, and Density, Maximum Density, and Minimum Density definitions
20,58) Minimum Density definitions need revision with revised to clarify that densities are calculated according to net
adjustments to how density is calculated per buildable areas. (Except for the provisions of the RCD)
the R-10 zone.
20.42 Product Sign definition needs to consider Addressed in sign chapter. Product sign exception made for
franchise businesses that have requirements franchise businesses. Franchise business definition added.
for product logo signs as part of their operation,
20.44.110 Should photometric lighting plan be required for The photometric plan is a crucial piece of information for DCD to
all non-residential developments and multi- determine lighting safety, and to curb light pollution, and it is a
family developments? Clarify that light cast relatively inexpensive step for applicants. Language clarified to be
should extend only to property lines. limited to edges of property.
20.46.020 Subsection (D(1) structural supports for gates Allowable dimension increased to 16 inches.
and fences should be allowed to 16 inches
square in section not 12 inches.
20,46,040 Manufactured Home requirements, Subsection - (a)(12) 'or greater' added to allowable roof pitches.
(a)(6) roof pitches at 3:12 or greater should be - (c) Section left in, since language is drawn from and parallels
allowable. Subsection (c) may be redundant in State statutes on Manufactured Homes.
code.
20.48 Parking Reductions (20.48.100) should be Section 20.48.050 'Modifications to Parking Development
referenced earlier in the Chapter to assist users Standards' added. Addresses both comments.
and readers of the code. It should also be
stated that individual zone Chapters may
provide for departures from base parking
standards.
20.50 Minor spelling and grammar edits. Corrected.
20.52,050 Product sign exception for franchise Product sign exception for franchise businesses added.
businesses needed.
20.52,050 Council Comment Subsection (b) concerning 20.52.050(b) deleted.
signs placed or painted on motor vehicles
should be struck.
All zone Permitted Uses lists should be alphabetized to Permitted uses lists alphabetized.
Chapters. assist the reader.
Various See also 20.42, and 20.46. Public Utility Public Utility Facilities listed in permitted uses sections of LC, FC,
zone Facilities listed as an outright allowable use in MI, IP, I, CUL, WS, and INST.
Chapters, more intensive zones. (Otherwise it's allowed
as a conditional use per 20.46.)
20.58 (also Staff Initiated The Residential Cluster (D (1) More detailed language included on how the environmentally
20.42) Development (ReO) density provisions critical areas credit is calculated. Provision for a rightof way areas
required additional language to detail how the assumption added.
environmentally critical areas credit works,
especially with revised density calculation
provisions elsewhere in the code,
20,60.065 The allowable densities allow for infill that is Allowable infill densities are still at an equal or higher level than the
denser than the surrounding neighborhood. surrounding neighborhood averages. This is consistent with the
Some residents object to this. Is it a problem? City's overall infill and densification goals, However, after staff
study, allowable densities are revised to include finer gradations
and smaller allowable density increases. Maximum infill density
increases of roughly 10% - 15% are allowed for most of the range.
20.60,065 How are multifamily properties dealt with in the (D Determining Neighborhood Compatibility and Lot Area section
calculation of average neighborhood density? revised so that lots containing multi-family structures are assigned
These should be factored in. the smallest allowable lot area (4,300 sD for the purposes of the
neighborhood compatibility calculation.
3
Multiple Maximum front yard setback needs to be Standards set or percentage of the building's fa9ade that must
zone defined. How much of building must meet the meet the front yard setback added. 65% for: CC, WWRC, MI ; 80%
chapters maximum setback? for NCC, DCC, BC. 75% for NB, LC
Multiple Some chapters include maximum size and Freestanding sign dimensions removed from individual chapters,
zone height dimensions for freestanding signs and and figure 20.52(a) referenced.
chapters this same information is included in the Sign
chapter, figure 20.52(a). Remove redundancy,
20.64.070 (b) Requirement that commercial must be Standard of 65% of the street frontage needing to be screened to a
included to screen residential uses from height of 35' added.
commercial corridors to a 35' height What
percentage of frontage needs to be screened?
- 20.64.080 (d) Language must be clarified concerning (d) Language clarified to suggest well defined highly visible
parking entryways. entryways.
20.66.060 There is no side yard setback in the NCC side setbacks of 10' added where adjacent to the low density
Neighborhood Center zone and the rear yard residential zone, and rear setback of 10' added (instead of 20').
setback is greater than the District Center zone
which seems backward.
20.70,020 Bed and Breakfasts are missing from the Bed & Breakfast added to allowable uses section.
allowable uses, but seem appropriate
20,70.060 The front and side yard setbacks for the District Where abutting the low density residential zone, side and rear yard
Core zone should be slightly greater than the setbacks increased from 10' to 20'.
Neighborhood Center zone, where abutting the
low density residential zone. DCC is a slightly
more intensive zone.
20.74.060 The Business Core zone should have side and 10' side and rear yard setbacks added where abutting the low
rear yard setbacks, where abutting the low density residential zone.
density residential zone.
20.79.020 Staff Initiated Class I group residential Class I group residential facilities allowed outright (rather than
facilities need to be allowed outright where conditionally)
other multi-family uses are allowed outright for
legal reasons.
20,82.090 Public Initiated Homebuilders Associations Provision revised to function as a performance standard for
& objected to 6' wall and or fence with 5' 'softening' the visual character of the wall. Replaces 5' strip
20.84.090 landscaping on the residential side. Comment requirement on the residential side,
supported by Planning Commission.
20.88,060 Public Initiated A comment by property As a conditional use, dry boat stacking allowed to a height of 50'
owners in the Marine Industrial zone suggested provided conditions are met
that to accommodate boat 'dry-stacking'
heights up to 50 feet may be required.
Comment discussed by Planning Commission.
;;,11 iii"k;,:lt;';:,',tl1IA~i$rliQi'!I~iJliijgar~ivliw;iiiiiTi;iJiij.i;ii!:~JiJi:i\'il.I]!!i;: {1'li"i!"ill~lggil,.iiffi~iiji~lti'iliyii'Jflili.,QfiirIJi~)ji::'\;!lI:i;l!ji:;'j 1'_
20,74(a) Council Initiated Reconsider height limits Figure 20.74(a), Downtown Regional Center maximum building
within the Downtown Regional Center to heights, revised to allow for slightly lower heights in the Pleasant
preserve neighborhood character in residential Ave. and Highland Ave. corridors. Height limits crafted for
areas. consistency with existing 3-story, and pitched roof residential
character.
20.60.068 Director Initiated Review infill density Section 20.60.068 added to allow for infill density in the 7 - 10 unit
provisions for underutilized urban fringe areas per acre range, for undeveloped urban fringe areas that may be
in the R-10 zone. annexed to the City in the future. Provision intends for slightly
higher allowable densities in areas without an established urban
pattern .
Zoning Map Council Initiated Review the extent of Official zoning map revised to extend Business Core (BC) zoning
commercial zoning designations near the onto several areas near the west edge of the Downtown Regional
edges of the Downtown Regional Center. Center. These areas currently have commercial zoning, but were
4
Make sure existing commercially zoned areas initially designated R-10 in earlier versions of the Draft zoning map,
are not rezoned to residential.
5
DRAFT
DRAFT FINDINGS AND DETERMINATION
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary - Recommend for adoption by City Council Package #5 - the full Title 20
Zoning Code Update and Official Zoning Map. The Title 20 Zoning Code Update
replaces the existing Title 21.02 Zoning Code and existing Zoning Map. Package #5
culminates a nine-month process to craft implementing land use regulations for
consistency with the land use plan and vision of the 2004 Bremerton Comprehensive
Plan. The Title 20 Code was drafted in five Packages, each of which underwent
workshops and Public Hearings at both the Planning Commission and City Council
levels. Planning Commission held a Public Hearing on September 20, 2005 after which
it moved to recommend Package #5 to City Council for adoption.
I. FINDINGS OF FACT
1. Project Description
Package #5 of the Title 20 Zoning Code is a complete update of the Bremerton Zoning
Code, and is comprised orCode Chapters 20.40 through 20.98. Language governing
all necessary elements of a zoning code is included. The Official Zoning map
designates boundaries of 21 total zoning districts, which cover the full geographic extent
of the City of Bremerton. All language in the proposed Title 20 Code, and all districts
depicted on the proposed Zoning Map are intended to execute the 2004 Bremerton
Comprehensive Plan.
2. Procedural History
The Title 20 Zoning Code Update was drafted, reviewed and adopted in a series of 5
Packages. However, the adopted material does not become effective until City
- Council's final adoption of Package #5. Packages #1 - #4 included portions of Title 20,
usually consisting of several Code Chapters. Package #5 consists of revisions and
edits to previously adopted Packages #1 - #4, as well as review for overall consistency
and clarity. The timeline for review of all Packages is summarized below.
2.1 11/16/04 Planning Commission Public Hearing / Workshop: Package #1
2.2 12/07/04 Planning Commission Workshop: Package #1
2.3 12/21/04 Planning Comm. Public Hearing & Recommendation: Package #1.
2.4 01/18/05 Planning Commission Workshop: Package #2.
2.5 02/15/05 Planning Comm. Public Hearing & Recommendation: Package #2.
2.6 02/09/05 2/15105 and 3/8/05 City Council Study Sessions: Package #1.
2.7 03/09/05 City Council Public Hearing: Package #1.
DRAFT
2.8 03/30/05 City Council Adoption: Package #1.
2.9 04/27/05 City Council Study Session: Package #2.
2.10 05/04/05 City Council Public Hearing & Adoption: Package #2.
2.11 06/21/05 Planning Commission Workshop: Package #3.
2.12 07/19/05 Planning Comm. Public Hearing & Recommendation: Package #3.
2.13 07/26/05 City Council Study Session: Package #3.
2.14 08/2/05 Planning Commission Workshop: Package #4.
2.15 08/3/05 City Council Public Hearing & Adoption: Package #3.
2.16 08/16/05 Planning Comm. Public Hearing & Recommendation: Package #4.
2.17 08/23/05 City Council Study Session: Package #4.
2.18 08/30/05 City Council Study Session: Package #4.
2.19 09/6/05 Planning Commission Workshop: Package #5.
2.20 09/7/05 City Council Public Hearing & Adoption: Package #4.
2.21 09/20/05 Planning Comm. Public Hearing & Recommendation: Package #5.
2.22 09/27/05 City Council Workshop: Package #5.
2.23 10/4/05 City Council Workshop: Package #5. Alternative for
(Downtown Regional Center heights reviewed.)
2.24 10/18/05 Planning Commission additional Public Hearing & Recommendation -
Downtown Heights and Urban Fringe Densities.
2.25 10/19/05 City Council Public Hearing: Package #5 amendments.
3. Public Comment
Public comment was received throughout the duration of the Zoning Code Update
process. Comment was received in various formats including letters, e-mails, and
public testimony at hearings. The Planning Commission addressed the full range of
comments received.
3.1 Individuals providing written comments including e-mail.
a. Paul McConkey, Penn Industrial Park 1725 Pennsylvania Ave., Bremerton,
WA 98337.
b. Mark and Katarina Warns, owners 2838 Clare Avenue, Bremerton, WA
98337.
c. Jim Bennett and Dean Menard, Re/Max Town and Country, 3311 Bethel Rd.
SE, Suite 7A, Port Orchard, WA 98366
d. Mike Connolly. Representing Olympic College. mconnolly@oc.ctc.edu.
e. Heidi and Lowell Yoxsimer. 2720 15th St., Bremerton, WA 98312.
f. Jim McDonald. 333 Lewis Ave., Bremerton, WA 98310.
mazama90@msn.com.
g. Ron Ross. P.O. Box 56, Silverdale, WA 98383.
h. Douglas Babbit. 1001 Pacific Ave., Suite B, Tacoma, WA 98402.
I. Steve Brett. D. Lane Homes Co. sbrett@oz.net
j. Art Castle and Elizabeth Scott. Home Builders Association of Kitsap County.
5251 Auto Center Way, Bremerton, WA 98312.
k. Estate of Tony Zampella...., Assessor's Parcel No. 162401-4-020-2007. C/O
Law Offices of James. C. Tracy.
I. Nancy Gossett. NancVQossett@comcast.net
m. Mark Travers Architect, Marianne. 2315 E Pike St, Seattle, WA 98122.
3.2 Individuals providing verbal testimony at Planning Commission:
a. Eric Smith. 1134 Woods Rd. E., Port Orchard.
b. Eric Nemith. 2367 NE John Carlson Rd., Bremerton.
c. Richard Nerf. 1600 Madrona Point Dr., Bremerton.
d. Susan Brown. 1333 E. Hope Street.
e. Hellen Miller. Bremerton.
f. Mike Connolly. Olympic College, 1600 Chester Ave.
g. Ron Easterday. Rice Fergus Miller Architects, 262 4th St., Bremerton.
h. Mark Warns. 2838 Clare Ave.
I. Tom Hewhough. Architect, representing owner 1347 N. Callow Ave.
j. Jim Fee. Owner, 2708 15th St., Bremerton.
4. SEPA Determination
The SEPA Environmental Impact Checklist for the proposed Title 20 Zoning Code
Update is being completed. The City of Bremerton will review the Checklist and
consider issuance of a Determination of Non Significance (DNS). The basis for the
DNS will rest on the Supplemental Environmental Impact Statement (SEIS) completed
with the Bremerton 2004 Comprehensive Plan. As development regulations to
implement the Comprehensive Plan, environmental impacts should be within the
threshold level of the SEIS.
5. Consistency
5.1 The proposal meets requirements of the Washington State Growth Management
Act (GMA). Specifically, the Title 20 Zoning Code Update is intended to satisfy
the requirement for consistency between development regulations and the.
Comprehensive Plan as required per RCW 36.70A.040(4)(c). The Title 20
Zoning Code Update represents development regulations that are consistent
with the 2004 City of Bremerton Comprehensive Plan.
5.2 The proposal is consistent with Kitsap County, County-Wide Planning Policies
(CPP). Directly applicable Kitsap County CPPs include the following:
. B.1.a.i Metropolitan Center: Bremerton including the Bremerton Naval
complex. "Metropolitan Centers function as anchors within the region
for a high density mix of business, residential, public, cultural and
recreation uses, and day and night activity....n
. G.4.a The County and the Cities shall each develop design standards
for their Designated Centers that will include specific strategies to
encourage neighborhood connectivity such as residential clustering,
encouraging or requiring mixed use development...
. M.2.b Cities shall be responsible for the development, adoption and
implementation of comprehensive plans and development regulations
and the processing of land use permits within the incorporate portion
of the respective city.
. M.2.a Cities shall define and implement procedures that assure
opportunities for early and continuous public involvement throughout
short and long range planning projects.
5.3 The proposal implements a wide range of goals and policies of the 2004
Bremerton Comprehensive Plan. The most directly applicable Goals and
Policies include those in the Land Use Element such as:
. Land Use Map. Comprehensive Plan pg. 84.
. Land Use Designations. Comprehensive Plan pages 85 - 98.
. LU1. Identify and enhance distinctive neighborhoods, communities,
and centers throughout the city.
. LU3A. Modify existing zoning designations and categories to provide
sufficient industrial, commercial and mixed use for new business
opportunities.
. LU3C. Encourage increased density with development incentive and
zoning flexibility.
. LU4. Provide for walkability throughout Centers and neighborhoods.
. LU5. Designate neighbohood, district, and employmentCenters on the
Land Use Map that provide mixed use environments which serve as
the primary focus for growth.
. LU7. In order to encourage new development to occur in locations and
patterns consistent with th~ Vision Goals and Policies of this Plan -
specifically in Centers- remove or revise existing land use designatins
that would site multi-family uses in locations that do not support the
Centers Concept.
. LU9. Create a framework for the initial implementation of Centers.
. LU11. Provide for the viability of communities, neighborhoods, and
Center through strategic land use designations and infraxtructure
provisions.
. LU14. Adopt standards and measures to assure that downtown
Bremerton becomes an attractive, vibrant, urban core with a mix of
commercial, office and residential uses.
5.4 The proposed amendments can be accommodated by all applicable public
services and facilities. The Title 20 Zoning Code Update implements the land
use pattern articulated in the 2004 Comprehensive Plan. This land use pattern
underwent a Supplemental Environmental Impact Statement (SEIS) analysis
that determined the proposed scale and intensity of development to be within
the capacity that can be accommodated by existing or planned City services
and infrastructure. Documentation of how city services and infrastructure can
are able to accommodate the proposed development pattern is found in the
Transportation and City Services elements, and the Technical Appendices of
the 2004 Comprehensive Plan.
5.5 The proposal will not adversely affect the public health, safety or general
welfare. The Title 20 Zoning Code Update implements a Comprehensive Plan
vision created to represent the best interests of the Bremerton public, and as
such was adopted the Bremerton City Council to dictate the growth and
development of the City for a 20 year time horizon.
5.6 The proposal will change the development and use potential of areas. The Title
20 Zoning Code Update does not create significant adverse impacts on existing
sensitive land uses, businesses or residents. The Title 20 Zoning Code Update
implements a Comprehensive Plan vision created to represent the best
interests of the Bremerton public and the environment, and as such was
adopted by the Bremerton City Council to dictate the growth and development
of the City for a 20 year time horizon.
5.7 The proposal incorporated continuous and open public involvement and
adequate public notice. The Title 20 Zoning Code Update underwent numerous
public hearings, and public workshops at both the Planning Commission and
City Council levels (see Section 3 above.) Additionally, the 2004
Comprehensive Plan process include numerous public meetings, hearings and
workshops. All public hearings at the Planning Commission and City Council
levels were noticed with formal advertisement in the Kitsap Sun, and dates were
posted on the City of Bremerton website. Draft Title 20 Zoning Code Update
material was continuously posted to the City of Bremerton website, and paper
copies were made available for review at the Community Development offices
at 345 6th St., and at public libraries.
II. CONCLUSIONS & RECOMMENDATION
The Planning Commission concludes that the proposed Package #5, (proposed Title 20
Zoning Code Update) is consistent with the Growth Management Act, Kitsap County,
County-Wide Planning Policies, and the City of Bremerton Comprehensive Plan. The
Commission concludes that the proposed Package #5, Title 20 Zoning Code Update is
sufficient to regulate the development of land in the City of Bremerton in a manner that
implements the 2004 Bremerton Comprehensive Plan, and the Zoning Map included in
Package #5 accurately implements the Comprehensive Plan Land Use Map. The
Package #5, Title 20 Zoning Code was created with adequate input from and notice to
the public.
------------------- ------------
Based on Section 5 Consistency and the conclusions above, the Commission
recommends Package #5, Title 20 Zoning Code Update with all final amendments, to
the Bremerton City Council for adoption.
Respectfully submitted by:
Executive Secretary
Approved by:
Linda Streissguth, Acting Chairman
,I
f'
Q~~
-,,""
,.,,,
II Zoning Map
2005 Update
9/25/05
For City Council Review.
-
Legend
Zone District III WWRC - Wheaton Way Redev. Corr
11II DC. Downtown Core III CC - Commercial Core
.. OW - Downtown Waterfront 11II LC - Urn ited Commercial
.. Be -Business Core NB - Neighborhood Business
.. MR Multiple Residential ! -Industrial
.. Dee - District Center Core lP - Industrial Park
Nee - Neigh. Center Core Ml - Marine Industrial
EC' - E:mployment Center .-: Insl- Institutional
R-IO' -low Density Res. CUL - City Utility Lands
R-10 -- Low Density Res III WS - Watershed
CCR - City Core P.esidenlia! L ..... j Downtown Regional Center
.. Fe Freeway Corridor i PSNS - Naval Shipyard
* Future adjustment to zoning anticipated
upon completion of Subarea Planning
0 ---,.,-..- ---~---l
TITLE 20
Section I Permitting
20.02..... Project Permits
20.04..... State Environmental Policy Act (SEPA)
Section II Land Development
20.10 ...... Comprehensive Plan Amendments
20.12 ...... Short Subdivisions
20.14 ...... Critical Areas
20.16 ...... Shoreline Master Program
20.18 ...... Text Amendments
Section III Zoning
20.40 ..... Administration
20.42 ..... Definitions
20.44 ..... General Development Standards
20.46 ..... Special Development Standards
20.48 ..... Off-Street Parking Requirements
20.50 ..... Landscaping Requirements
20.52..... Sign Standards
20.54..... Non-Conforming Uses
20.58..... Land Use Permits
20.60..... Low Density Residential (RiO)
20.62 ..... Commercial Corridor (CC)
20.64 ..... Wheaton Way Redevelopment Corridor (WWRC)
20.66 ..... Neighborhood Center Core (NCC)
20.68 ..... (reserved Neighborhood Center edge areas)
20.70 ..... District Center Core (DCC)
20.72..... (reserved District Center edge areas)
20.74..... Business Core (BC)
20.75 ..... Downtown Core (DC)
20.76..... Downtown Waterfront (DW)
20.78..... City Core Residential (CCR)
20.79 ..... Multiple Residential (MR)
20.80 ..... Master Development (MD)
20.82..... Neighborhood Business (NB)
20.84..... Limited Commercial (LC)
20.86 ..... Freeway Corridor (FC)
20.88..... Marine Industrial (MI)
20.90 ..... Industrial Park (IP)
20.92..... Employment Center (EC)
20.94 ..... Industrial (I)
20.96..... City Utility Lands (CUL)
20.97 ..... Watershed (WS)
20.98 ..... Institutional (INST)
Initial Planning Commission Recommendation 9/20/05
1.0/1.9/05 City Council Public Hearing
Section III Zoning
20.40.....Administration
20.42 ..... Definitions
20.44 ..... General Development Standards
20.46 ..... Special Development Standards
20.48 ..... Off-Street Parking Requirements
20.50 ..... Landscaping Requirements
20.52..... Sign Standards
20.54..... Non-Conforming Uses
20.58..... Land Use Permits
20.60..... Low Density Residential (RiO)
20.62 ..... Commercial Corridor (CC)
20.64 ..... Wheaton Way Redevelopment Corridor (WWRC)
20.66..... Neighborhood Center Core (NCC)
20.68 ..... (reserved Neighborhood Center edge areas)
20.70 ..... District Center Core (DCC)
20.72 .....(reserved District Center edge areas)
20.74..... Business Core (BC)
20.75..... Downtown Core (DC)
20.76 ..... Downtown Waterfront (DW)
20.78..... City Core Residential (CCR)
20.79 ..... Multiple Residential (MR)
20.80 ..... Master Development (MD)
20.82 ..... Neighborhood Business (NB)
20.84 ..... Limited Commercial (LC)
20.86 ..... Freeway Corridor (FC)
20.88 ..... Marine Industrial (MI)
20.90 ..... Industrial Park (IP)
20.92..... Employment Center (EC)
20.94 ..... Industrial (I)
20.96 ..... City Utility Lands (CUL)
20.97 ..... Watershed (WS)
20.98 ..... Institutional (INST)
Initial Planning Commission Recommendation 9/20/05
10/19/05 City Council Public Hearing
----
CHAPTER 20.40
ADMINISTR.-4.. TION
SECTIONS:
20.40.010 Title
20.40.020 Authority
20.40.030 Intent and Purpose
20.40.040 Administrative Authority
20.40.050 Defining Shall and May
20.40.060 Minimum Requirements
20.40.070 Conflicts
20.40.080 Interpretations
20.40.090 Zoning Designations
20.40.100 Zoning Map Interpretations
20.40.110 Compliance with other Laws
20.40.120 City Liability
20.40.130 Property Owners/ Applicant Responsibility
20.40.140 Scope of Unlawful Activity
20.40.150 Similar Use Determination
20.40.160 Prohibited Uses
20.40.170 Comprehensive Plan Consistency
20.40.180 Enforcement
20.40.190 Prohibition of Further Permits or Approvals
20.40.200 Violation - Penalty
20.40.010 TITLE.
This title shall be known as the "City of Bremerton Zoning Code." This Code
shall consist ofthis text and the map entitled "City of Bremerton Official Zoning Map."
20.40.020 AUTHORITY.
This title is adopted pursuant to Revised Code of Washington (RCW) Chapter
35.63-: and 36.70A.
20.40.030 INTENT AND PURPOSE.
The intent of this title is to regulate the physical development of al11ands within
the City of Bremerton's jurisdiction, except federally owned properties, in order to
provide for orderly development within the City. The purpose is:
(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 of all lands by:
(1) Reserving an adequate supply of developable land area for each
major category of land use and in the most appropriate locations,
20.40 - 1 Administration
Council Package #5 Review
(2) Preventing the encroachment of incompatible uses; and
I'n Pmvi4ing dear concise regulationsan4 4eveJqnnent guidelines
"\~l that are consistent with City goals and visions.
(e) To protect the public's health, safety and welfare as a whole and not to
create a duty of protecting any person or class of persons.
20.40.040 ADMINISTRATIVE AUTHORITY..
The Director shall have the authority to make and issue orders, rules,
requirements, permits, interpretations, decisions, or determinations as necessary in the
administration and enforcement of the provisions of this title, except when provided for
otherwise.
20.40.050 DEFINING SHALL AND MAY..
The word "shall" is always mandatory; the word "may" denotes a use of
discretion in making a decision
20.40.060 MINIMUM REQUIREMENTS..
The provisions set forth in this title shall constitute the minimum requirements
necessary to promote the public health, safety, morals, and general welfare.
20.40.070 CONFLICTS..
The provisions of this title shall govern when this code imposes a greater
restriction than is required by other ordinances, regulations, easements, covenants, or
other agreements. In the case of internal conflicts within this code, the most restrictive
provision shall prevail.
20.40.080 INTERPRETATIONS..
The Director shall have the authority to make written interpretations when
necessary for clarification or to resolve conflicts within these regulations. Director's
interpretations are processed as a Type I Director's decision as prescribed in BMC
Chapter 20.02. Any person may submit a written request for a code interpretation to the
director, or the dircctorDirector may issue a code interpretation on the director'sDirector's
own initiative. A request for a code interpretation shall include the following
(a) The provision of this title for which an interpretation is requested;
(b) Why an interpretation of the provision is necessary;
(c) Any reason or material in support of a proposed interpretation; and
(d) Any fees adopted pursuant to BMC Chapter 3.01 by the City Council.
20.40.090 ZONING DESIGNATIONS
Zoning is the primary implementing tool of the Comprehensive Plan. The Plan's
land use designations provide the basis for the "Official Zoning Map" , which breaks each
of those designations into more specific "zones." Each zone includes the land use
standards and development requirements for development in each zone. Figure 20.40(a)
lists the zones and the general category of each zone, which are included herein.
20.40.100 ZONING MAP INTERPRETATIONS..
20.40 - 2 Administration
Council Package #5 Review
The Director shall use the following criteria to interpret the Official Zoning Map:
{a) Whe-re << zDneboundary is indicated as approximate-ly f~lGwing 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 right-of-way is the zone boundary.
(c) 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 right-of-way, the boundary line is as drawn, based on the scale shown on the
Zoning Map.
20.40.tOOllO COMPLIANCE WITH OTHER LAWS.
Nothing in this title shall be construed to excuse compliance with other applicable
federal, state, or local laws or regulations.
20.40.tt()120 CITY LIABILITY.
Nothing in this title shall be construed to impose any duty upon the City or any of
its officers or employees so as to subject them to liability for damages not otherwise
imposed by law to protect individuals from personal injuries or property damage.
20.40.Y0130 PROPERTY OWNERS! APPLICANT RESPONSIBILITY.
(a) It is the intent of this title to place the obligation of complying with the
requirements of this title and all applicable laws and regulations upon the owner, and
jointly and severally upon the occupant of the land and buildings within its scope.
(b) The applicant is responsible to provide accurate and complete information
and plans to comply with the requirements of this title and all applicable laws and
regulations. The City is not responsible for the accuracy of information or plans provided
to the City for review or approval.
20.40.tJ()140 SCOPE OF UNLAWFUL ACTIVITY.
It shall be unlawful for any person, firm or corporation to erect, construct, alter,
repair, move, remove, convert, demolish, use, occupy, or maintain any structure or use of
land, or any portion, in violation of the provisions of this chapter. The violation shall
exist until the unlawful act and/or unlawful use has been remedied or abated.
20.40.t4()150 SIMILAR USE DETERMINATION
Whenever a proposal is not listed as a permitted, conditional or accessory use in
the zone, it may be permitted in that zone if the Director determines it is a use similar to a
listed use for that zone
(a) The applicant shall make in writing requests for a similar use
determination. The determination shall be processed as a Type I Director's Decision as
set forth in the procedures for a Type I decision in BMC Chapter 20.02.
(b) The Director shall issue a decision in writing and shall consider the scale,
visual impacts, traffic generation, relationship to surroundings, and other factors, which
influence and! or define the nature of the proposal.
20.40 - 3 Administration
Council Package #5 Review
(c) If the proposal is found to be similar to a listed use. the proposal shall be
subiect tD aU st~~r4s.reQuireme~ts and permitting prO"vesses tD which the listed llse is
subject.
20.40.160 PROHIBITED USES
Any use not listed as a permitted. conditional or accessory use by the zone; or any
use not determined to be a similar use pursuant to BMC Section 20.40.150; or any use not
found to be an allowable accessory use to the principle use; shall be prohibited within
that zone unless allowed otherwise by law.
20.40.170 COMPREHENSIVE PLAN AND ZONING CONSISTENCY
Regulations used to implement the Comprehensive Plan must be consistent with
the Plan. Figure 20.40(b) identifies the relationships between a Comprehensive Plan
designation and establishes the zoning districts that may be approved within each
Comprehensive Plan designation.
20.40.180 ENFORCEMENT.
(a) It is the duty of the Director to enforce the provisions of this title.
Enforcement actions may include one or more of the following:
(1) Withhold or revoke land use permits or approvals,
(2) Withhold or revoke building permits for construction or alteration
of a structure, abatement of structures;
(3) Revocation of use permits and variances;
(4) Enforcement through BMC Chapter 1.04 BMC;
(5) Filing a court action in a court of competent jurisdiction.
(b) Land U se/Permit Revocation: a permit or land use approval may be
revoked if:
(1) The work is not authorized by a valid permit or approval;
(2) Inaccurate or incorrect information was used to obtain the permit
or approval or the permit or approval was issued in error;
(3) The permittee is not complying with the terms of the permit or
approved plans;
(4) The permittee is in violation of the requirements of this chapter or
of any land use ordinance, statute, or regulation; or
(5) The work is, in the Director's judgment, a hazard to property or
public safety, is adversely affecting or about to adversely affect adjacent property or
rights-:of-way, a drainage way, watercourse, sensitive areas or storm water facility, or is
otherwise adversely affecting the public health, safety, or welfare.
(c) Revocation of a permit or land use approval shall be made by~
(1) The Director for Type I and Type II permits subject to the right of
appeal as set forth in BMC Section 20.02.140 this title.
(2) The Administrative Hearing Examiner for a Type III permit
subject to the right of appeal as set forth in BMC Section 20.02.140 and RCW 36.70C in
this title.
(3) The Council for a Type IV permit as set forth in BMC Section
20.02.140 and RCW 36.70C provided by law.
20.40 - 4 Administration
Council Package #5 Review
2-O.40.tsOl9() PROHIBITION OF FURTHE-RPERMITS OR APPROVALS.
The City shall not accept, process, or approve any application for a subdivision or
any other land use permit or approval, or issue a certificate of occupancy for property on
which a violation of this Title chapter has occurred until the violation is cured by
restoration or other means accepted by the Director and by payment of any penalty
imposed for the violation.
20.40.t@200 VIOLATION - PENALTY.
(a) Any violation of any provision of this title constitutes a civil violation
under BMC Chapter 1.04 for which a monetary penalty may be assessed and abatement
may be required as provided therein.
(b) In addition to, or as an alternative to, any other penalty provided in this
chapter or by law, any person who violates any provision of this title shall be guilty of a
misdemeanor pursuant to BMC Section 1.12.020(2).
20.40 - 5 Administration
Council Package #5 Review
Figure 20.40( a)
ZONING DESIGNATIONS
The following Figure lists the zones in the BMC Title 20 Zoning Code by major category
of Residential, Commercial, Industrial, Centers and Special Districts.
Low Density (R-lO) . 20.60
Multiple Residential (MR) 20.77
City Core Residential (CCR) 20.78
Commercial Commercial Corridor (CC) 20.62
Wheaton Way Redevelopment Corridor (WWRC) 20.64
Neighborhood Business (NB) 20.82
Limited Commercial (LC) 20.84
Freeway Corridor (FC) 20.86
Industrial Marine Industrial (MI) 20.88
Industrial Park (IP) 20.90
Industrial (I) 20.94
Downtown Center Neighborhood Center Core (NCC) 20.66
and Centers District Center Core (DCC) 20.70
Business Core (DC) 20.74
Downtown Cote (DC) 20.75
Downtown Waterfront (DW) 20.76
Employment Center (EC) 20.92
Master Development (MD) 20.80
Special Districts City Utility Lands (CUL) 20.96
Watershed (WS) 20.97
Institutional (INST) 20.98
20.40(a) Administration
Council Package #5 Review
Figure 20.40(b)
COMPREHENSIVE PLANI ZONING CONSISTENCY
The following Figure lists the Bremerton Comprehensive Plan Land Use Map
designations with corresponding BMC Title 20 Zoning Code implementing zoning
districts.
Low Density Residential (LDR) Low Density Residential (R-IO)
Open Space (OS)
Core Centers Supporting Residential (CCSR) City Core Residential (CCR)
Neighborhood Centers (NC) Low Density Residential (R-IO)
Neighborhood Center Core (NCC)
District Centers (DC) Low Density Residential (R-IO)
District Center Core (DCC)
Employment Center (EC) Employment Center (EC)
Master Development (MD)
Institutional (INST)
Low Density Residential (R-IO)
Downtown Regional Center (DRC) Commercial Corridor (CC)
Business Core (BC)
Downtown Core (DC)
Downtown Waterfront (DW)
Multiple Residential (MR)
Neighborhood Business (NB)
Limited Commercial (LC)
Low Density Residential (R-l 0)
Commercial Corridor (CC) Commercial Corridor (CC)
Wheaton Way Redevelopment Corridor Wheaton Way Redevelopment Corridor (WWRC)
(WWRC)
Freeway Corridor (FC) Freeway Corridor (FC)
Neighborhood Business (NB) Neighborhood Business (NB)
Limited Commercial (LC) Limited Commercial (LC)
Industrial (1) Industrial (1)
Industrial Park (IP) Industrial Park (IP)
Marine Industrial (MI) Marine Industrial (MI)
Higher Education (HE) Institutional (INST)
Public Sector Redevelopment Site (PSRS) Low Density Residential (R-IO)
Master Development (MD)
Institutional (INST)
Transportation, Utilities and Public Facilities Industrial Park (1P)
(TUPF) City Utility Lands (CUL)
City Utility Lands (CUL) City Utility Lands (CUL)
Watershed Lands (WS) Watershed Lands (WS)
Reserve Center (RC) (Overlay) Per the implementing zones of the underlying
Comprehensive Plan Designation
Homeport - PSNS PSNS
Industrial Support - PSNS
20.40(b) Administration
Council Package #5 Review
--
Chapter 20.42
DE-FINITIONS
SECTIONS:
20.42.010 Introduction to Definitions
20.42.020 List of Defined Terms
20.42.040 Definitions
20.42.010 INTRODUCTION TO DEFINITIONS.
Terms not defined herein shall take their meaning from definitions in the
comprehensive plan, shoreline master program and other ordinances incorporated by
reference. If a specific term is not defined or referenced, it shall take its normal and
customary meaning within the context of how it is used. When not inconsistent with the
context, words used in the present tense include the future, words in the singular include
the plural, and words in the plural include the singular. The following terms are defined
in this Chapter and shall be applied to the provisions of this title.
20.42.020 LIST OF DEFINED TERMS
Abandoned Sign Building Envelope Dwelling, Multi-Unit
Abandonment or Abandoned Building Line Structure
Accessory Dwelling Unit Bulletin Board / Kiosk Dwelling, Single-Unit
(ADU) Car Wash Attached
Accessory Use, Activity or Caretaker Dwelling, Single-Unit
Structure Caretaker Residence Structure
Acre, Net Cell on Wheels (COW) Education and School
Acre, Gross Change of Use Education, Higher & College
Adjoining or Adjacent Changeable Copy / Entertainment Use
Administrative Hearing Readerboard Sign Equipment Structure
Examiner City FAA
Adult Entertainment Business Co-Location FCC
Adult Family Home Community Facility Fence
Alley Concealed Finance, Insurance & Real
Alteration Construction Sign Estate
Alteration, Structural Day Care Facility Foster Home
Antenna, Tower Deck Franchise Business
Antenna, Wireless Density Freestanding Sign
Applicant Density, Maximum Frontage
Appurtenance or Appendage Density, Minimum Gas Station
Area of Sign Detoxification Center Grade
Art Gallery Development Coverage Grade, Average Final
Art Studio Directional Sign Grade, Existing
Assisted Living Facility Director Gross Floor Area
Automobile Sales Drinking Place Group Residential
Automobile Service & Repair Drive-Through Facility Group Residential - Class I
Awning / Canopy Drive-Through Lanes (Assisted Living)
Bay Window Duplex Group Residential - Class II
Bed & Breakfast Dwelling Unit Group Residential Home
Boarding, Rooming House Dwelling, Conventional Heavy Industrial /
Buffering Dwelling, Modular or Manufacturing
Building Code Factory Built Height
Building Coverage Home Occupation
20.42 - 1 Definitions
PC Package #5 Public Hearing
Homeowners Association Park, Playground and Open Shopping Center
Hospital Space Sidewalk Vendor
Hotel and Lodging Place Parking, Satellite Sign
Household Parking, Structure Sign Structure
Identification Sign Paved Surface Social Services
Illegal Sign Personal Service Stadium and Sports Complex
Impervious Surface Physical Fitness and Health Storage Yard, Outdoor
Incidental Sign Club Storage
Junk Yard Pier Story
Kennel Pole Sign Street
Light Industrial / Porch Street, Private
Manufacturing Portable Sign Structure
Loading Area Premises Structure, Accessory
Lot Private Club or Lodge Structure, Principal
Lot Area Product Sign Structure, Temporary
Lot Line, Front Projecting Sign Support Structures
Lot Line, Rear Provider Temporary Sign
Lot Line, Side Public Administration Tower
Lot, Depth Public Distribution / Townhouse
Lot, Flag Transmission Facility Transient Person
Lot, Waterfront Public Utility Facility Transportation Facility
Lot, Width Public Information / Use
Maintain Identification Sign Use, Accessory
Manufactured Home Public Services Use, Conditional
Marina Recreational Vehicle Use, Principal
Marquee Recreational Vehicle Park Use, Temporary
Medical Laboratory Recycling Center Variance
Medical Office and Clinic Recycling Collection Station Vehicle or Trailer Mounted
Mobile Home Recycling Collection Station Sign
Monument Sign (Limited) Vesting
Motion Picture Theatre Rehabilitation Veterinary Clinics and
Multiple-Building Complex Residential Use Animal Hospitals
Multiple-Occupancy Residential, As Secondary Wall Sign
Building Use Warehousing
Museum and Gallery Restaurant Whip Antenna
Nonconforming Sign Restaurant, Fast Food Wireless
Nursery and Greenhouse Retail, General Telecommunications
Nursing / Convalescent Retail, Large Facility
Home Rezone Worship and Religious
Office and Business Services, Sandwich Board Sign Facility
General Satellite Dish Yard
Off-Premises Sign Senior Citizen Yard, Construction or
Open Space Senior Housing Complex Storage
Outdoor Athletic Fields Setback, Maximum Zero Lot Line
Parcel Setback, Minimum
20.42 - 2 Definitions
PC Package #5 Public Hearing
2().42.~20 DEFINITIONS
The following definitions shall be applied within this title.
ABANDONED SIGN Any sign, including its structure and other components, which is
located on vacant property or an unoccupied building for a period of six (6) month or
more and which, during that time, is not used for legal sign purposes; or which relates to
a time, event or purpose which no longer applies; and/or which has been allowed to
deteriorate to become a public hazard or eyesore.
ABANDONMENT or ABANDONED means to cease operation for a period of ninety
(90) or more consecutive days unless documentation is provided to the City that
negotiations are underway potentially leading to the sale, lease, or resumption of
operations, in which case a wireless telecommunications facility may not be considered
abandoned for an additional period not to exceed 90 (ninety) days.
ACCESSORY DWELLING UNIT (ADU) means 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 ADDs.
ACCESSORY USE, ACTIVITY OR STRUCTURE means a use, activity, structure or
part of a structure which is subordinate and incidental to the permitted principal use or
building, located on the same lot or parcel with such principal use or building, and
erected or established only after or in conjunction with the establishment of the principal
use or building.
ACRE, NET means a measurement of land after subtracting public and private streets,
rights-of-way, and other unusable or non-developable areas of land from a gross acre of
land (43,560 square feet). (See also Acre, Gross.)
ACRE, GROSS means a measurement of land equal to 43,560 square feet with no
deductions or subtractions for elements such as public or private streets or non-
developable areas. (See also Acre, Net.)
ADJOINING OR ADJACENT means property that touches or is directly across a
public or private right-of-way. This does not include property across from limited access
highways or arterials with four lanes of traffic or more.
ADMINISTRATIVE HEARING EXAMINER means a person appointed with the
powers set forth in BMC Chapter 2.13. The term "administrative hearing examiner" shall
likewise include the examiner pro tern. As used in this Chapter, "Administrative Hearing
Examiner" shall not mean the Municipal Court Hearing Examiner established pursuant to
BMC Chapter 2.62 of the Bremerton Municipal Code.
20.42 - 3 Definitions
PC Package #5 Public Hearing
ADULT E-NTERTAINMENT BllSINESS, see BMC 2O.46.HO.
ADULT F AMIL Y HOME means a residential home in which a person or persons
provide personal care, special care, room, and board to more than one but not more than
six adults who are not related by blood or marriage to the person or persons providing the
services; provided, however, any limitation on the number of residents resulting from this
definition shall not be applied if it prohibits the City from making reasonable
accommodations to disabled persons in order to afford such persons equal opportunity to
use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42
V.S.C.3604(t)(3)(b).
ALLEY means 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.
AL TERA TION Any change in the size, shape, method of illumination, position,
location, construction or the supporting structure of a sign.
ALTERATION, STRUCTURAL means any changes or repairs to the supporting
members of a structure, or to the configurations of the roof or exterior walls, that would
prolong the life of the supporting members of a building or structure. This does not
include minor actions such as adding a doorway or window, or attaching architectural
features, appurtenances, or adornments.
ANTENNA TOWER means any structure that is designed and constructed primarily for
the purpose of supporting one or more antennas, including but not limited to se1f-
supporting lattice towers, guy towers or monopole towers.
(1) Type I Tower" means a tower up to, but not exceeding, sixty (60) feet in height.
(2) Type II Tower" means a tower greater than sixty. (60) feet in height.
ANTENNA, WIRELESS means any exterior equipment attached or mounted to a
building or tower in the form of one or more rods, panels, discs or similar devices used
for the transmission or reception of radio or electromagnetic frequency signals.
(1) Omni-directional antenna transmits and receives radio frequency signals in a 3600;
radial pattern. For the purpose of the provisions set forth in BMC Section 20.46.140,
an omni-directiona1 antenna is up to fifteen (15) feet in height and up to seven (7)
inches in diameter. If otherwise meeting the definition, a whip antenna is considered
an omni-directional antenna.
(2) Directional antenna transmits and receives radio frequency signals in a specific
directional pattern of less than 3600.
20.42 - 4 Definitions
PC Package #5 Public Hearing
(3) Parabolic antenna is a device of generally parabolic shape for the reception and
t~an"n::ti""iGn nf 3"~in frefn:u>~u signJ:l]" in -':l Specifil'lli3"PJ'tiGllJ:l]n!;lttp1n Alcn rpSp3TPll
. u~uu~~ ~~ ~~~~~ ~~ 'i~~U~.I' ~~~~ ~u ~ ~u~ ~U~H ~~ :p~n~u... ~~ ~~~..~
to as a satellite dish.
APPLICANT means a person who applies for any permit or approval to do anything
governed by this title and who has legal standing to apply for a permit or approval on the
specific property.
APPURTENANCE OR APPENDAGE means a supplemental component, architectural
feature, or decoration that has been added to or extends outward from the exterior of a
building wall and is not a primary component of the structure itself. This includes bay
windows, low decks, open porches, awnings, chimneys, and other similar features.
AREA OF A SIGN The total space within the frame or outer dimensions of a sign and
including any logos or other artistic or architectural features that are directly related to or
an integral part of the sign. (See also BMC Section 20.52.060 Sign Measurements)
ART GALLERY means a room or series of room where art such as paintings, sculptures
or other works are exhibited.
ART STUDIO means 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.
This does not include incidental artist work areas within a residence, which produce no
odors or noise that negatively impact adjacent properties.
ASSISTED LIVING FACILITY means a residential facility for elderly persons (age
fifty-five or older) who require moderate to extensive assistance with daily tasks such as
cooking, eating, bathing, housekeeping, dispensing of medicines, shopping, appointments
and other tasks.
AUTOMOBILE SALES means an establishment primarily engaged in the sale or rental
of personal or commercial vehicles such as cars, trucks, vans or motorcycles.
AUTOMOBILE SERVICE & REPAIR means an establishment orimari1v engaged in
repairing, maintaining, or servicing automobiles.
AWNING I CANOPY A temporary or movable shelter (awning), or a fixed rigid shelter
(canopy) supported entirely by the exterior wall of the building and generally extending
over a pedestrian walkway. When used in conjunction with signs, only that portion of the
awning or canopy that is actually used as a sign shall be included in sign area
calculations. Lighting of the awning or canopy, whether directly, indirectly, or by back-
lighting shall have no effect on the sign requirements, unless lighted signs are specific all y
prohibited in that area or zone.
20.42 - 5 Definitions
PC Package #5 Public Hearing
BAY WINDOW means a window proiecting outward from an exterior wall of a
structure. The protrusion has a maximum depth of thirty (30) inches, and a maximum
horizontal width of twelve (12) feet. The base of the proiecting window is at least
twenty- four (24) inches above grade directl y below the center of the window.
BED & BREAKFAST means an owner managed and occupied residential single-unit
dwelling in which rooms or other overnight accommodations are rented on a nightly
basis. Meals may be included that are included as part of the basic compensation. This
does not include group residential homes, boarding and rooming houses.
BOARDING, ROOMING HOUSE means a single-unit residential structure in which
rooms without kitchens are provided for non-transient persons and may include meals.
This does not include licensed care providing facilities.
BUFFERING means a structural, earthy, or vegetative form used to minimize the
impacts of one land use upon another. A buffer may include anyone or a combination of
fences, walls, berms, high shrubs, trees, or other landscaping. Distance separation is also
a form of buffering.
BUILDING CODE means the International Building Code and related codes as
amended and adopted by the City of Bremerton.
BUILDING COVERAGE means that portion of a lot covered bv the roof areas of all
structures. This shall not include open decks up to thirty (30) inches above ground,
except if it provides a roof over occupancy underneath.
BUILDING ENVELOPE, ALLOWABLE means the three-dimensional space within
which a structure is permitted to occupy. Height, Floor Area Ratio, setbacks, lot
coverage and similar restrictions establish the building envelope.
BUILDING LINE means 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. Building lines establish the area within which buildings are permitted and
does not necessarily correspond with the location of any existing structures or other
improvements.
BULLETIN BOARD / KIOSK A permanent sign structure intended to accommodate
changeable copy such as private or public notices, special event information, and other
short-term messages, and generally at a scale suitable for pedestrians and not intended to
be read by passing motorists. These signs are exempt from sign permits and size
requirements if they are provided for the use of the general public and not for commercial
advertising purposes.
20.42 - 6 Definitions
PC Package #5 Public Hearing
CAR WASH means a business engaged in washing. waxing. polishing. and general
~4eaRiRg -Gf~~~iles. small tru~ks.light utility vehidesand 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.
CARETAKER means a person who maintains or watches over someone else's land or
property on a part- or full-time schedule. The caretaker may live on the property or
elsewhere.
CARETAKER RESIDENCE means an accessory dwelling unit provided by the owner
of a property to be used exclusively as living quarters for the caretaker(s) of that property.
CELL ON WHEELS (COW) means a mobile telecommunications facility transported
by a motor vehicle for temporary on-site use.
CHANGE OF USE means a change in the utilization or occupancy of a property or
building from one use to another.
CHANGEABLE COPYIREADERBOARD SIGN. A sign structure that may be
internally or externally illuminated and intended to accommodate changeable lettering,
numbering, graphic displays, or other short-term messages. Generally used for
commercial advertising or for public service announcements of current or coming events.
(Also see Public Information / Identification Sign.)
CITY means "City" shall mean the City of Bremerton, Washington.
CO-LOCATION means the placing of a wireless telecommunications antenna on an
existing support structure.
COMMUNITY FACILITY means a faci1itv operated bv a public agency. non-profit
organization. for social gatherings: meetings: learning: recreation: programs to promote
economic independence: or similar functions.
CONCEALED means a wireless telecommunication antenna or facility that is not
evident; it is disguised, hidden by or integrated with a structure that is not a
telecommunication tower; or, a personal wireless service facility that is placed within an
existing or proposed structure.
CONSTRUCTION SIGN A sign that relates directly to a construction project taking
place on the premises and may include such information as the name of the project and
contractors, phone numbers, completion dates, and similar information about the project.
DAY CARE FACILITY means 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
twenty four (24) hours.
20.42 - 7 Definitions
PC Package #5 Public Hearing
DECK Means an open platform wider than eighteen (18) inches. A deck may be free-
ci~nf:lino l'-'lnt~lpVPSPJ:! frl:>m ~ h:1l~1r:llno flr J'~np1'j:pJ:! 11:\ 1hP orfmnr:lllJ~fh cipnl;O flr r~mnl;O A
~~~n~~nb' ~nn~'~~~ u~n~ ~ ~~n~n'O, ~~ ~n~~~~~ ~~ ~~~~b~~~n~ "un ~~~l'~ ~~ ~~n~l'~' ~~
deck that is higher than thirty (30) inches above finish grade may be referred to as a
raised deck, a rooftop deck, a balcony, or other suitable term.
DENSITY means a measure of residential concentration, usually expressed as the
number of dwellings per acre of land. For the purposes of calculating allowable densities
within this code, density shall be measured on a 'net' basis. whereby unusable areas such
as rights of way and lands in public or shared ownership shall be deducted from the
overall area in the calculation. For example, a one-hundred and twenty ( 120) acre area
containing 20 acres of rights-of-way and public lands. and three-hundred (300) dwellings
has a (net) density of three (3) dwellings per acre. (300 dwellings / 100 usable acres.)
(See also Acre. Net and Acre. Gross.)
DENSITY. MAXIMUM means the maximum number of dwellings allowed per the net
buildable acre as stated for each zone. Where not specified in a zone chapter, no
maximum density shall apply.
DENSITY. MINIMUM means the minimum number of required dwellings per net
buildable acre as stated for each zone. Where not specified in a zone chapter. no
minimum density shall apply.
DETOXIFICATION CENTER means 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.
DEVELOPMENT COVERAGE means that portion of a lot covered bv the impervious
surface areas of all structures. and impervious paved areas. such as driveways and
walkways.
DIRECTIONAL SIGN. A permanent sign which is designed solely for the purpose of
directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals, toward a
specific destination or route.
DIRECTOR means Bremerton's Director of Community Development and his/ her
designee.
DRINKING PLACE means an establishment selling intoxicating beverages for
consumption on the premises.
DRIVE-THROUGH FACILITY means an automobile-oriented facility designed
primarily for drive-through trade. and which provides service and caters to patrons while
in their motor vehicles. Drive-through facilities conduct a maiority of their business
transactions with customers served in their motor vehicles. This does not include gas
stations. service stations. and auto repair garages.
20.42 - 8 Definitions
PC Package #5 Public Hearing
DRIVE- THROUGH LANES means a secondary or ancillary drive up service at a
business that is prinPJilv Driented t{} walk ill. {}f sit oown {;ust~-rs. The wJsiness must
conduct a maiority of transactions with walk-in or sit down customers.(See also
20.44.120, General Development Standards.)
DUPLEX means a structure containing two dwelling units on a single lot.
DWELLING UNIT means a living space or combination of rooms designed to provide
independent year-round living facilities for one family or household, constructed to the
minimum standards of the IBC or HUD Code, and with provisions for sleeping, eating
and sanitation.
DWELLING, CONVENTIONAL means 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 International Building Code (IBC).
DWELLING, MODULAR or FACTORY BUILT means buildings or structures that
are constructed primarily in a factory and transported to the site for assembly or
installation. All 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 International Building Code (IBC), or the HUD Code. (See also Manufactured
Home)
DWELLING, MULTI-UNIT STRUCTURE means a structure containing three (3) or
more dwelling units. (Also referred to as "multi-family" structure.)
DWELLING, SINGLE-UNIT ATTACHED means two (2) single-unit dwellings
(houses) that are attached at a common side lot line with each dwelling located entirely
on its own lot. This does not include row houses or other housing types having more than
two attached units. (See also Zero Lot Line)
DWELLING, SINGLE-UNIT STRUCTURE means a structure containing one (1)
dwelling unit. (Also referred to as a "single-family" dwelling, or a "house".)
EDUCATION and SCHOOL means an institution primarily engaged in teaching and
learning, operated by a public school district, non-profit organization, or a private
organization. Business and trade schools and Montessori schools are included, as are
satellite buildings of higher education colleges.
EDUCATION. HIGHER and COLLEGE means a higher education college or
university primarily engaged in teaching and research, and comprised of multiple
educational buildings within a campus setting.
ENTERTAINMENT USE means an establishment with a primary function as a venue
for entertainment activities in an indoor facility, excluding motion picture theatres and
20.42 - 9 Definitions
PC Package #5 Public Hearing
adult entertainment. Entertainment uses include video arcades. bowling alleys. billiard
hans. pe~f~wiRg <!Its {;~nteI"s. 4aw~ halls InigJ:lt dubs and siwilar uses.
EQUIPMENT STRUCTURE means a structure, shelter, cabinet, or vault used to house
and protect the electronic equipment necessary for processing wireless communication
signals. Associated electronic equipment may include air conditioning, backup power
supplies and emergency generators.
FAA means the Federal Aviation Administration.
FCC means Federal Communications Commission.
FENCE means a structure built to prevent escape or intrusion, or to provide privacy,
screening, or buffering from noise or other undesirable impacts or activities beyond the
property line. Also includes freestanding walls.
FINANCE INSURANCE & REAL ESTATE means an establishment primarily
involved in finance such as depository and non-depository institutions. holding
companies. investment companies. and brokers: insurance such as carriers of all types.
agents and brokers: and real estate such as. 1easers. buyers. sellers. agents and developers.
FOSTER HOME means a dwelling unit in which a full-time resident provides
temporary care and supervision on a full-time basis to not more than six (6) foster
children, three (3) expectant mothers, or three (3) other adults requiring full-time care.
FRANCHISE BUSINESS A business granted authorization bv a manufacturer or parent
company to sell or distribute goods or services at a certain location.
FREESTANDING SIGN. A sign which is designed solely for the purpose of directing
motor vehicle, pedestrian, bicycle, or other traffic, or individuals, toward a specific
destination or route, which is not a affixed to a building.
FRONTAGE. The actual length of the front property line abutting a street or alley (if no
street frontage), or length ofthe property line of a flag lot that most closely parallels the
street it most directly relates to.
GAS STATION means a land use involving the retail sale of gasoline or other motor
vehicle fuel or oil. Gas stations include self-service and full-service operations.
GRADE means 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 (5) feet from the building, grade is the lowest point of
elevation of the finished surface between the building and a line five (5) feet from the
building. For structures built over water, grade shall mean the elevation of the ordinary
high water mark. For the purposes of signs, grade is the level of the ground surface
20.42 - 10 Definitions
PC Package #5 Public Hearing
immediately below a sign or proposed sign location, and where slope is involved is the
~ve-r~geDf tbe leve-ls ~t e~ch supporting memberDf the sign's stmcture.
GRADE, AVERAGE FINAL means the average of the final grade that will be directly
under the proposed building or structure. Calculations of the average final grade shall be
made by averaging the elevations at the center of all exterior walls of the proposed
building or structure.
GRADE, EXISTING means the grade or topography existing prior to any excavation,
clearing, grading or filling.
GROSS FLOOR AREA means the sum of all horizontal areas of floors of a structure
when measured from the exterior faces of exterior walls; including glazed or screened
porches.
GROUP RESIDENTIAL means shared living quarters without separate kitchen
facilities for each room or unit. This classification includes group care residence for
those whose permanent residence is the group residential facility. It does not include
transient lodging. This definition shall not be construed to include crisis care facilities,
detoxification centers or housing of sexually violent predators, as defined in RCW
71.09.020(16).
GROUP RESIDENTIAL FACILITY - CLASS I (ASSISTED LIVING) means a
group care residence for seven (7) or more children and/ or 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.
GROUP RESIDENTIAL FACILITY --- CLASS II means 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 local agency. Teaching of work or social
skills may be provided in this class facility but it does not include drug or alcohol
detoxification centers.
GROUP RESIDENTIAL HOME means a residential home in which a person or
persons provide personal care, special care, room, and board to more than one but not
more than six (6) children and/or adults who are not related by blood or marriage to the
person or persons providing the services; provided, however, any limitation on the
number of residents resulting from this definition shall not be applied if it prohibits the
20.42 - 11 Definitions
PC Package #5 Public Hearing
City from making reasonable accommodations to disabled persons in order to afford such
persons equ,;,] J>nnnrtlln~j-u tf} use and eninu ~ JllllPJJ~nD ~'" rp1ln~rpJl hu thP Fair Hous,na
~ ~~ ~YY'-"~~~~~n.l ~~ ~ ~>J~.l ~~~,~~uUb ~~ ~~~U~~.l ~n_ ~nb
Amendments Act of 1988, 42 U.S.C. 3604(f)(3)(b).
HEAVY INDUSTRIAL! MANUFACTURING means a land use involving assembly.
construction. research and testing. processing or extraction of goods or materials. with the
potential to create noise. smoke. dust. vibration. odor or other environmental impacts or
pollution. Storage of equipment or products having similar environmental impacts are
also included. Heavy Industrial! Manufacturing uses include extraction or refinement of
raw materials. mass production of large durable goods. production of industrial
chemicals. rolling or drawing of metals. and any process that involves extensive use of
hazardous or volatile materials or chemicals. Production processes that produce
continuous high levels of noise. produce obnoxious odors detectable off-site. or produce
off-site light or glare impacts constitute Heavy Industrial! Manufacturing. (See also
Light Industrial! Manufacturing.)
HEIGHT in the context of Wireless Telecommunications Facilities means the following:
(1) Related to Tower I and Tower II support structures: the dimensions of the tower as
measured from the base of the tower at the foundation center to the top of the tower
excluding antennas
(2) Related to existing or proposed buildings: height is determined as per BMC Section
20.44.070, except that the highest point of a building with a pitched or hipped roof
shall be considered, for purposes of this section, to be the highest point of the roof.
HOME OCCUPATION means 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.
HOMEOWNERS ASSOCIATION means 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.
HOSPITAL means 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 related facilities as an integral part of the
institution.
HOTEL and LODGING PLACE means an establishment that offers transient lodging
accommodations to the general public. and which may provide such related services such
as restaurants. meeting rooms. gift shops. beauty shops and recreational facilities.
HOUSEHOLD means 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 quarter facilities as dormitories, boarding houses, nursing homes or similar
accommodations typically do not provide facilities for households.
20.42 - 12 Definitions
PC Package #5 Public Hearing
---.----
IDENTIFICATION SIGN. A Sign inte~Jl solely to inf{}rm the public of the use of a
property, building, office, or premises, and which may typically include the address, suite
number, or other identifying information, but that does not include advertising or
messages that are not necessary for the identification of the premises.
ILLEGAL SIGN. Any sign or advertising device which was erected or altered in
violation of the sign codes in effect at the time of such action and which remain in
violation of existing codes.
IMPERVIOUS SURFACE means anv material which reduces or prevents absorption of
stormwater into previously undeveloped land. (See also Paved Surface.)
INCIDENTAL SIGNS. Signs that are intended for the convenience of the public, which
are informational only, and which do not include the advertising of products or services.
Such signs include business hours signs, credit card signs, entrance and exit signs, and
similar signs, some of which may be required by law for safety purposes.
JUNK YARD means 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 means an establishment where five or more domestic animals older than six
months are kept, whether for compensation or not. This does not include veterinary
clinics/hospitals, pet shops or zoos.
LIGHT INDUSTRIAL / MANUFACTURING means a land use involving assemblv.
processing or research and testing of parts or materials or chemicals made or refined at
another location. Light Industrial / Manufacturing uses have little or no potential of
creating noise. smoke. dust. vibration or other environmental impacts or pollution.
Production processes do not employ the extensive use of hazardous or volatile materials
or chemicals. produce continuous hi~h levels of noise produce obnoxious odors
detectable off-site. or produce off-site light or glare impacts. Storage of equipment or
products that does not create environmental impacts. and mini-storage is included.(See
also Heavy Industrial/Manufacturing)
LOADING AREA means an area designed and intended for the temporary parking of a
vehicle while loading or unloading passengers, merchandise or other materials.
LOT means 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.
20.42 - 13 Definitions
PC Package #5 Public Hearing
LOT AREA means the area within the boundary lines of a lot. When creating new lots,
the 1'~lr~~Jatron f~ -each new Jot m-e~ shan llOt indude 3,}'Jblk -and private streets, wP1lands,
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, except when an unbui1dab1e environmentally
sensitive area as defined per BMC Section 21.02.280 comprises twenty-five percent
(25%) or less of the lot it may be included in the lot area.
LOT LINE, FRONT means any property line that abuts a public street, private street,
alley (if the alley provides primary access) or Ordinary high water mark, and is
considered a frontage. (See also Figure 20.44 (a))
LOT LINE, REAR means the property line most opposite or most distant from the
designated front lot line and does not intersect any front lot line. Corner lots do not have
rear lot line. (See also Figure 20.44(a))
LOT LINE, SIDE means any lot line not defined as a front or rear lot line, or any lot line
that intersects a front lot line. (See also Figure 20.44(a)).
LOT, DEPTH means 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 (2) side lot lines will be determined in
the most reasonable manner, based on the lot's longest average dimension.
LOT, FLAG means 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, WATERFRONT means a lot of which any portion abuts wetlands or any water
body regulated under the Bremerton Shoreline Master Program.
LOT, WIDTH means the average horizontal distance between side lot lines, measured at
right angles to the lot depth line. The Director may use reasonable modifications to this
procedure when determining the width of an irregular lot.
MAINTAIN. To allow to exist or continue to exist. Also, where the context indicates, to
keep in a safe, neat and clean condition.
MANUFACTURED HOME means a single-family dwelling required to be built in
accordance with regulations adopted under the national manufactured housing
construction and safety standards act of 1974 (42 U.S.c. 5401 et seq.) The 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,
20.42 - 14 Definitions
PC Package #5 Public Hearing
recreational vehicles, travel trailers, and motor homes are neither manufactured homes
Hm4we-Uing units. {See M{}bile Home.)
MARINA means a facility which provides moorage Dr wet or dry storage for watercraft
or float planes, and which may offer marine-related sales and services.
MARQUEE. A permanent roofed structure attached to and supported by a building and
projecting away from the building, usually over a public walkway and typically common
to theaters. A marquee itself is not a sign, but is commonly used to support signs.
MEDICAL LAB ORA TORY means a facility primarily engaged in providing analytic
or diagnostic services on human specimens, including body fluid or body tissue, or
performing diagnostic imaging, to government agencies, to the medical, dental, or other
health service professions or to the patient; includes the fabrication of dentures,
eyeglasses and contact lenses, and prosthetic devices.
MEDICAL OFFICE and CLINIC means an establishment primarily engaged in
providing medical, dental or other health care services to patients on the premises, but
which excludes facilities for overnight patient care. Medical clinics that do not have
facilities for overnight patient care are included. Veterinary offices and clinics that do
not have facilities for overnight care are included.
MOBILE HOME means a factory-built dwelling built before June 15, 1976, to
standards other than the national manufactured housing construction and safety standards
act of 1974 (42 U.S.c. 5401 et seq.), and acceptable under applicable state codes in effect
at the time of construction or introduction of the home into this state. Mobile Homes are
accommodated within some existing mobile home parks, but are not allowed on
individual lots. (See Manufactured Home.)
MONUMENT SIGN. A freestanding sign placed on a base of solid appearance. wherein the
width of the base is equal to at least forty percent (40%) of the width of the sign face.
MOTION PICTURE THEATRE means any premises in which motion pictures are
shown as the principal use of the premises. and wherein fees of any kind are charged. and
wherein such movies are shown on a regular basis.
MULTIPLE-BUILDING COMPLEX. A group of structure housing a combination of
business, office, residential, or other uses, and which shares a common area, access,
parking and/or other facilities.
MULTIPLE-OCCUPANCY BUILDING. A single building housing more than one (1)
retail business, office, commercial venture or other allowed land use.
MUSEUM and GALLERY means a building:, room. vessel (boat or ship), or site
intended for the preservation and exhibition of artistic, historical, or scientific obiects.
20.42 - 15 Definitions
PC Package #5 Public Hearing
NONCONF-ORMING SIGN. A sign that was JegaUyestablished, ootnG longe-r .
conforms to the current sign standards of this section.
NURSERY and GREENHOUSE means 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.
2. Wholesale Nursery/Greenhouse: Raises nursery stock for sale to retail
nurseries or other businesses.
3. 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.
NURSING / CONV ALES CENT HOME means any home, place or institution which
operates or maintains facilities providing convalescent or chronic care, or both, for a
period in excess of twenty-four consecutive hours for three or more patients not related
by blood or marriage to the operator, who by reason of illness or infirmity, are unable
properly to care for themselves. Convalescent and chronic care may include but not be
limited to any or all procedures commonly employed in waiting on the sick, such as
administration of medicines, preparation of special diets, giving of bedside nursing care,
application of dressings and bandages, and carrying out of treatment prescribed by a duly
licensed practitioner of the healing arts. It may also include community-based care. This
does not include group residential facilities, hospitals, sanitariums, or treatment centers.
OFFICE & BUSINESS SERVICE. GENERAL means a place of emp10vment
providing services other than production, distribution, sale or repair of goods or
commodities, excluding personal business services and medical offices. General office
and business services include: legal, architectural, engineering, consulting or other
professional services, or management, administrative, secretarial, marketing, advertising,
or similar services.
OFF-PREMISES SIGN. Any sign including billboard signs that contains a message or
directs attention to a business, profession, product, event, activity, or services that is not
related to a use or activity conducted or offered on the premises or at the location where
the sign is located, excluding official road direction signs but including the sign faces(s)
that contain(s) the message or direction noted above, as well as the pole or other structure
upon which the sign face is attached. Off-premises signs include off-premises banners
and signs carried by human beings or live animals when carried on the public right-of-
way or any off-premises location.
OPEN SPACE 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 may not include
driveways, parking areas, required yard areas, land occupied by buildings or structures,
nor other impervious surfaces that are not related to the open space.
20.42 - 16 Definitions
PC Package #5 Public Hearing
OUTDOOR ATHLETI~ FIELDS me~RS-Ql~OOorS f~cilities used fill spGrtingactivities
such as softball, baseball, football, soccer, running track, tennis complex and other non-
motorized sports. Outdoor athletic fields may include bleachers, concession stands,
lights, restrooms and other supporting facilities.
PARCEL means a continuous quantity of land in single ownership or under single
control, consisting of one (1) or more lots, and considered a unit for purposes of
development. (See "Lot")
PARK. PLAYGROUND and OPEN SPACE means a site designed. developed. or
reserved for recreational use by the public. such as play areas. community gardens and
natural areas.
PARKING, SATELLITE means a parking lot containing parking stalls required for a
permitted land use, but in a location not contiguous to or abutting the permitted land use.
PARKING, STRUCTURE means a parking lot in which parking stalls are located
either below grade, or in a multi-level building structure.
PAVED SURFACE means a surface paved with asphalt. concrete. concrete -pavers. brick
or similar durable materials. Low impact development technologies such as 'grass-crete'
or pervious pavement. which provide a hard surface while allowing for water penetration
shall be classified as paved areas. Paved areas do not include gravel. crushed rock. and
similar non-bound materials.
PERSONAL SERVICE means an establishment engaged primarily in providing
services involving the care of a person. apparel or minor appliances. such as; shoe
repairs. laundry and dry-cleaning. beauty and barber shops. clothing/costume rental.
tanning. other personal grooming facilities and domestic assistance services. and personal
computing device or cellular phone repairs. This does not include massage parlors.
health care services. exercise establishments. nor funeral services.
PHYSICAL FITNESS and HEALTH CLUB means an establishment primarilv
engaged in providing facilities for indoor physical fitness activities and recreation.
Physical fitness and health clubs may include such facilities as gymnasiums. swimming
pools. and ball courts.
PIER means a fixed structure, or a permanently moored floating structure, built over
tidelands or shore1ands, and used for a marine landing or moorage for watercraft.
POLE SIGN. A freestanding sign supported by uprights or braces wherein the width of the
uprights or braces comprises less than forty percent (40%) of the width of the sign face.
20.42 - 17 Definitions
PC Package #5 Public Hearing
PORCH means a roofed open area attached to a building or other structure, usually at an
e-Rtraw~ to the stp~ture. A pGf{;h that is endowd,glazed ~ scree-wJ:l, may lose its status
as an appurtenance.
PORTABLE SIGN. Any sign designed to be moved easily and not permanently affixed
to the ground or to a structure or building. A-frame or sandwich board signs and
movable readerboard signs are examples.
PREMISES. Contiguous land in the same ownership or control not divided by a street
or public right-of-way.
PRIVATE CLUB OR LODGE means structures, facilities and grounds owned or
operated by a private or fraternal organization for use by its members and guests.
PRODUC T SIGN. Any sign with a face consisting of more than fiftv percent (50%) of the
area devoted to the advertisement of a commercial product or product logo without integrated
advertising for the on-premises business establishment. community facility. or temporary
event.
PROJECTING SIGN. A sign, other than a wall sign, which is attached to and projects
from a structure or building fa<;ade and the face(s) of which is not parallel to the
building's fa<;ade. This sign may be supported by a structure in addition to its building or
wall support.
PROVIDER means every corporation, company association, joint stock company, firm,
partnership, limited liability company, other entity and individua11icensed to provide
personal wireless services over personal wireless communication facilities.
PUBLIC ADMINISTRATION means services and facilities operated by public
agencies and serving a community need. and generally including staffed facilities or
office spaces. These include government offices. post offices. satellite police and fire
station. and other public buildings.
PUBLIC DISTRIBUTION I TRANSMISSION FACILITY means the infrastructure
lines and connections employed in the delivery and conveyance of utility services.
Distribution facilities include equipment such as pipes. wires. cables and similar
equipment necessary for delivering utilities includin~ water. sewer. electricity. gas.
broadband. and other services. Publicly owned utilities as well as privately owned
utilities that serve the general public are included. (See also Public Utility Facility.)
PUBLIC UTILITY FACILITY means facilities provided for the benefit of the general
public related to infrastructure and utilities. These include structures and equipment such
as transfer stations. substations. pumping stations. distribution mains. wells. and related
utility facilities and the structures that house them. Publicly owned utilities as well as
privately owned utilities that serve the general public are included. (See also Public
Distribution Facility)
20.42 - 18 Definitions
PC Package #5 Public Hearing
PU8LIC INF~RMA TION J IDENTIFICATION SIGN. A sign intp~Jl solely t~
inform the public of events or activities of community interest, to identify the entrance to
or exit from the City or a district or neighborhood within the City, and which does not
include the advertising of any business, product or service of a commercial nature, nor
any logo, symbcl.,ar l)therjnrlj{'~tion of a commercial message or sponsorship.
PUBLIC SERVICES means 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 means a vehicular-type unit primarily designed for
recreational camping or travel use that has its own motive power or is mounted on or
towed by another vehicle. The units include, but not limited to, travel trailers, fifth-wheel
trailers, folding camping trailers, truck campers, and motor homes.
RECREATIONAL VEHICLE PARK means a facility designed to provide two or more
sites on which to park travel trailers, motor homes or similar recreational vehicles for
periods not to exceed thirty (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 means 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 means a facility consisting of structures,
bins, or other containers designed or intended for the 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) means a recycling collection
station for the collection of glass, tin cans, aluminum, cardboard, newspaper, magazines,
plastics, and other recyclab1es 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 means the upgrading of a building from a dilapidated or
substandard condition.
RESIDENTIAL, AS SECONDARY USE means 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
20.42 - 19 Definitions
PC Package #5 Public Hearing
retail, office and other business uses that comprise the primary function of that zone.
{See design st~pd~r4s in ~llte~ ~ ~rri4Dr ~s.)
RESIDENTIAL USE means structures meeting the definition of Group R, Division 3
occupancies under the edition of the International Building Code currently adopted for
use by the city.
RESTAURANT means a commercial use which sells a variety of prepared food and
beverages and provides accommodations for consuming those products on or off the
premIses.
RESTAURANT, FAST FOOD means an establishment whose principal business is the
sale of a limited variety of pre-prepared or rapidly prepared food and beverages directly
to the consumer for consumption either on 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.
RETAIL. GENERAL means an establishment primarily engaged in the sale or rental of
goods or merchandise to the general public for personal or household consumption, and
primarily rendering services incidental to the sale of such goods. Establishments with a
portion of their sales goin~ to other businesses or contractors, such as office supply
stores, butcher shops, paint stores, hardware stores and similar shall also be considered
general retail. Art studios shall also be included. General retail uses do not exceed
75,000 gross square feet of ground floor building area and do not include gas stations, or
automobile sales.
RETAIL. LARGE means an establishment with a building area of 75,000 gross square
feet or greater in the ground floor, primarily engaged in the sale or rental of goods or
merchandise to the general public or other businesses for personal, household or business
consumption and primarily rendering services incidental to the sale of such goods. Large
retail uses often include wholesale stores, discount stores, malls, shopping plazas, outlet
centers, department stores and similar.
SANDWICH BOARD SIGN. A portable sign constructed of two (2) equal or roughly
equal portions, hinged at the top such that when placed on the ground the sign is se1f-
supporting. Sandwich board signs typically form the shape of a letter "A" when opened
and resting on the ground.
SATELLITE DISH see omni-directiona1 antenna.
SENIOR CITIZEN means an individual of fifty-five (55) years of age or older.
SENIOR HOUSING COMPLEX means a planned residential community, intended and
operated for occupancy by senor citizens, which consists of any mix of detached single
family or duplex dwellings and/or retirement apartments, wherein, at least eighty percent
(80%) of the occupied units are occupied by at least one (1) Senior Citizen.
20.42 - 20 Definitions
PC Package #5 Public Hearing
SETBACK, MINIMUM means the required horizontal distance between the finished
ecKte4"i& wallofa stp.JCVJre and the lot line d -the 10t Dn whkh it is located. AU portions
of a structure must be a located away from the property line a distance equal to or greater
than the minimum setback.
SETBACK. MAXIMUM means a required maximum horizontal distance between the
finished exterior wall of a structure and the lot line of the lot on which it is located.
Where maximum setbacks are stipulated. zone districts specify what portion of the
structure's finished front fayade width must be located a distance equal to or lesser than
the maximum setback from the property line. A maximum setback shall apply to the
height of a structure up to fifteen (15) feet above grade. or the height the building.
whichever is less. Where not specified. no maximum setback shall apply.
SHOPPING CENTER means a contiguous collection of retail businesses under one (1)
ownership or common management located in a building or set of buildings.
SIDEWALK VENDOR means a person(s) who sells edible or non-edible merchandise
from a stand, booth, cart, basket, tray, table or other device on any sidewalk, street,
highway or public place. They are not categorized as a land use.
SIGN means 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)
SIGN STRUCTURE. Any structure specifically intended to support a sign, and which
may include supports, uprights, braces, framework, or other members needed for support.
SOCIAL SERVICES means establishments primarily engaged in providing social and
rehabilitation services to improve life skills and increase socio-economic opportunities
for neighborhood or community residents of all ages. Establishments primarily engaged
in providing welfare and charitable functions are included.
STADIUM and SPORTS COMPLEX means a large structure for open-air sports and
entertainment generally consisting of tiered seating where people can sit and watch
games or events. Sports complexes may also include recreational motor vehicle tracks
such as go-cart tracks. Associated field houses and facilities for serving food are often
included.
STORAGE YARD, OUTDOOR STORAGE means 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.
20.42 - 21 Definitions
PC Package #5 Public Hearing
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Unless a function of a government agency or public utility, storage yards are considered
acceswry t~ ~ !P~siness Gr -Otwr principal use.
STORY means 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 (6) feet above the finished grade for more than fifty
percent (50%) of the total perimeter, the area beneath that floor shall be considered a
story.
STREET means 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, PRIVATE means a parcel at least twenty (20) feet in width, created
specifically to provide motor vehicle access to abutting properties, the owners of which
share in its ownership and maintenance responsibilities.
STRUCTURE means that which is built or constructed.
STRUCTURE, ACCESSORY means a structure that is incidental and subordinate to a
principal structure and which is customarily found in connection with the principal
structure and located on the same lot or parcel.
STRUCTURE, PRINCIPAL means a structure containing one or more principal uses,
as permitted by the zone in which the property is located.
STRUCTURE, TEMPORARY means a structure which does not have, nor is it
required by the International Building Code to have, a permanent attachment to the
ground but is subject to building permits.
SUPPORT STRUCTURE means any existing or proposed building, utility pole, or
tower capable of supporting a wireless telecommunications antenna. Support structure
include, but are not limited to, existing buildings, water towers, and utility poles and/or
towers.
TEMPORARY SIGN. A sign that is not permanently affixed, and which is intended for
short-term use, such as to advertise a specific activity such as a special promotion, sale, or
fund-raising event, but not including political or election signs. For the purposes of this code
temporary signs are those displayed for between seven (7) and sixty (60) days.
TOWER means any structure that is designed and constructed primarily for the purpose
of supporting one or more antennas, including but not limited to self-supporting lattice
towers, guy towers or monopole towers.
(1) "Type I Tower" means a tower up to, but not exceeding, sixty (60) feet in height.
(2) "Type II Tower" means a tower greater than sixty (60) feet in height.
20.42 - 22 Definitions
PC Package #5 Public Hearing
TOWNHOUSE for purposes of this code, a townhouse is a single-unit structure in a row
-of at least three such {lnits in which -each unit has its own fr{}Rt -and rear -ar'~ss 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 condominium
ownership.
TRANSIENT PERSON means a temporary lodger who stays no longer than thirty (30)
days per visit.
TRANSPORTATION FACILITY means facilities in suPport of mass transit or multi-
modal forms of transportation, including transit stations, transit stops, taxi-cab stands,
transportation services, bicycle facilities and similar.
USE means the purpose or activity for which land or improvements are intended,
occupied or maintained.
USE ACCESSORY means a use that is incidental and subordinate to a principal use,
which customarily is found in connection with the principal use, and which is located on
the same lot or parcel such as a private garage, hobby shop, workshop, personal
greenhouse, and required off-street parking.
USE, CONDITIONAL means a use that is not permitted "outright", but may be
approved through a Conditional Use Permit process. Conditional Use shall have the
same meaning as "Special Use" as employed in Bremerton Municipal Code.
USE, PRINCIPAL means the primary or main use conducted or allowed on a lot or
parcel.
USE, TEMPORARY means a use that may occur on a lot on a short term or seasonal
basis for a prescribed period of time, which usually does not exceed a six (6) month
duration during a twelve (12) month period.
VEHICLE OR TRAILER MOUNTED SIGN. A sign placed or maintained on a
stationary automobile, truck, trailer, or any other motor-driven vehicle. Vehicle or trailer
mounted signs do not include signs painted or placed on commercial vehicles announcing
or advertising the regular business activity of the vehicle owner. Vehicle or trailer
mounted signs do not include signs on vehicles or sale at a licensed sales lot, nor signs on
public transit vehicles including busses and licensed taxi-cabs.
VESTING a fully completed development application is "vested" at the time it is
received by the permitting authority. The development may then be processed, permitted
and carried out under the zoning, land division, and other regulations that were in effect
when vesting occurred
20.42 - 23 Definitions
PC Package #5 Public Hearing
VETERINARY rLINI~ AND ANIK4L HOSPITALS ffiP~S ~ f~ility pwvkting
routine and emergent medical attention to domestic pets and other animals.
WALL SIGN. A sign attached directly to or erected against the wall of a building with
the face parallel to the fa~ade of the building and extending no more than twelve (12)
inches from the wall.
WAREHOUSING means establishments involved in the storage and/or sale of bulk
goods for resale or assembly. including wholesaling. This does not include
establishments offering the sale of bulk goods to the general public. which may be
classified as large retail.
WHIP ANTENNA see omni-directional antenna.
WIRELESS TELECOMMUNICATION FACILITY means facilities for the
transmission and reception of radio or microwave signals used for communication,
cellular phones, personal communications services, enhanced specialized mobile radio or
any other services licensed by the FCC, and unlicensed wireless services including but
not limited to associated equipment shelter, support tower and antenna array.
WORSHIP AND RELIGIOUS FACILITY means a building or structure primari1v
intended as a place for public worship and related activities such as religious education.
meeting halls. and kitchens or places for personal worship or meditation. It does not
include pre-schools. parochial schools. day care facilities. maior recreational facilities.
vehicle or equipment storage yards. or other functions that are not clearly a necessary or
integral part of the religious institution.
YARD means that portion of a lot that lies between a lot line (property line) and the
building line. (See also Lot, Front; Lot, Side; and Lot, Rear.)
FRONT YARD: The yard area extending the full width of the front of a lot
between the front property line (lot line) and the front building line.
REAR YARD: 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.
SIDE YARD: 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
other irregularly shaped lots may have only front and side yards. Through lots
generally have two front yards and two side yards, but no rear yard as defined.
YARD, CONSTRUCTION OR STORAGE See "Storage Yard".
ZERO LOT LINE means the location of a building on a lot in such a manner that one of
its sides rests directly on a side lot line with no setback.
20.42 - 24 Definitions
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Definitions
20.42 - 25 PC Package #5 Public Hearing
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CHAPTER 20.44
GENERAL DEVELOPMENT STANDARDS
SECTIONS:
20.44.010 Front Yard
20.44.020 Traditional Front Yard
20.44.030 Side Yard
20.44.040 Rear Yard
20.44.050 Alternative Setbacks
20.44.060 Accessory Structure Setbacks
20.44.070 Measuring the Height of a Structure
20.44.080 Calculating Lot Area
20.44.090 Rounding of Fractions of Dwelling Units
20.44.100 Flag Lots
20.44.110 Lighting Regulations
20.44.120 Ancillary Drive-Through Lanes
20.44.010 FRONT YARD
(a) The front yard is the area extending the full width of the front of a lot
between the front lot line and the front building line. (See Figure 20.44A for an
illustration of front yards.) Structure intrusions into front yard setbacks are prohibited
except:
(1) Eaves, cornices, awnings, bay windows, architectural appendages,
fireplaces, chimneys and may project not more than two (2) feet into the front yard
setback;
(2) Decks, platforms, porches, steps, walkways, and driveways that do
not exceed thirty inches (30") in height above the finished grade;
(3) Raised decks, high or enclosed porches, balconies or similar
architectural appendages that extend more than thirty QQlinches ~above finished
grade may project not more than six feet (6') into the front yard setback;
( 1) Pree standing signs may project not more than six feet (6') into the
front yard setback; and
(4) Fences and free-standing walls-;- that meet the requirements set
forth in BMC Section 20.46.020 may be allowed.
(b) (1) Through Lot: Front yard setbacks shall be applied in the following
manner for Through Lots:
(1) Through Lot: A through lot has two (2) front property10t lines
parallel or approximately parallel to each other. Freflt-- The front yard setbacks- shall apply
to each. Tho front lot line, except the Director may designate one of the front propertylot
lines a rear propertylot line provided the following criteria are met:
(i) Orientation of the lot or structure shall be considered;
(ii) At least sixty (601 percent of the lots/ or structures within
the neighborhood block, or area being considered, are oriented in a similar direction away
from the lot line being designated as a rear lot line;
20.44 - 1 General Development Standards
Council Package #5 Review
(iii) In the case of waterfront properties, the portion of a lot
facing vie';/s or waterfront may be designated the front lot line, in which case the only
street frontage could be designated its rear lot line.
(2) Corner Lots: have abutting streets that intersect. The front yard
setbacks shall apply to each front property line.(2) Corner Lots: have abutting streets
that intersect. The front yard setbacks shall apply to _each front property line.
(3) Exceptions: When a property contains three (3) or more front
yards. the Director may grant exceptions to maximum front yard setback requirements
provided:
(i) The maximum front yard setback continues to be applied to at
least two (2) front yards that intersect each other;
(ii) Relief is necessary to facilitate good design; and
(iii) A strict application of the setback requirement would result in
larger structures that are not practical for the intended use of the site.
20.44.020 TRADITIONAL FRONT YARD
In residential zones, front yard areas the Director may modifygrant modifications
to the front yard setback according to the follov/ing criteria.provided:
(a) When sixty (60)Sixty percent (60%) or more of the houses or garages/
carports within a numbered block on the same side of the street as the subject property
are setback less than the required zoning front yard setback, the average setback of the
existing nonconforming structures may be used to establish the minimum front yard of all
properties fronting on that side of the street;
(b) No new structure may be setback less than five (5) feet from the front of
the structures on the adjoining lots; and
(c) The minimum front yard setback shall in no case flet be less than five (5)
feet.
20.44.030 SIDE YARD
The side yard is the area extending between the side lot line and the side building
line and extends from the front yard to the rear yard. Triangle lots, corner lots and other
irregular lots may have only front and side yards and no rear yards. Structure intrusions
into a side yard setbacks are prohibited except as follows:
(a) Eaves, cornices, awnings, fireplaces, and chimneys may project not more
than two (2) feet into the side yard setback;
(b) Platforms, steps, walkways, and driveways (does not include parking
spaces) that do not exceed thirty inches (30") in height above the finished grade; and
(c) Fences and freestanding walls that meet the requirements set forth in BMC
Section 20.46.020.
20.44.040 REAR YARD
The rear yard is the area extending the full width of the lot between the rear lot
line and the rear building line. Structure intrusions into a rear yard setbacksetbacks are
prohibited except:
20.44 - 2 General Development Standards
Council Package #5 Review
(a) Eaves, cornices, awnings, architectural appendages, fireplaces, chimneys
and permitt-cd signs may extend no more than two (2) feet into the required rear yard area
setback, and are no closer than three (3) feet from any lot line.
(b) Decks, platforms and open uncovered porches provided they do not
exceed thirty (30) inches in height above the finished grade and are no closer than three
(3) feet from any lot line.
(c) Fences, and freestanding walls, that meet the requirements set forth in
BMC Section 20.46.020; and steps, walks and driveways provided they do not exceed
thirty (30) inches in height above the finished grade.
20.44.050 ALTERNATIVE SETBACKS
The Director may approve alternative setbacks that generate a public benefit
provided the following criteria are satisfied,;-~
(a) Total site area within setbacks shall be equal to or exceed that created by
adherence to the standard setbacks;
(b) There shall be a finding of public benefit that is consistent with the goals
and policies of the Comprehensive Plan. An example of public benefit includes but is not
limited to reduction of setback adjacent to a street or other public right of way in
exchange for increased setback from a development-sensitive environment such as a
wetland or an existing incompatible land use; and
(c) The development plan shall not be inconsistent with the intent of any
provision of the Zoning Code.
20.44.060 ACCESSORY STRUCTURE SETBACKS
(a) Accessory structures shall observe the front yard setbacks requirements of
the zone in which they are located.
(b) Accessory structures in Residentialresidential zoning districts may be
constructed no closer than three (3) feet from the side or rear property lines that adjoin
other property. No setback is required if the side or rear property line adjoins an alley.
(c) Accessory structures for the keeping of livestock or fowl shall conform to
the requirements of Bremerton Municipal Code, Chapter 7.08.700.
(d) /\ccessory structures on adjacent lots, that are not attached to their
principal or any other structures, may be attached to each other at a side or rear property
line (zero lot line) with approval of a Special Use Permit and if designed in accordance
with IBC rcquirements for such structurcs.
20.44.070 MEASURING THE HEIGHT OF A STRUCTURE
The height of a building or structure shall be measured as the distance from the
average final grade to the highest point of the structure. Exceptions: Penthouse for
elevators, firewal1s, chimneys, and flagpoles, may exceed maximum height limits. None
of these exceptions to the height regulations shall be used for advertising of any kind.
20.44.080 CALCULATING LOT AREA
Lot area shall include all areas within the exterior lot lines exclusi'.'o of less any
water areas,;-, 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 widths, depths
20.44 - 3 General Development Standards
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and setbacks on shoreline lots are measured from the ordinary high water mark. (See
Figure 20.44(b) for an illustration of lot measuring lot area.)
20.44.090 ROUNDING OF FRACTIONS OF DWELLING UNITS
The number of dwelling units allowed on property using density calculations is
determined by dividing the.Wi <;oj 7.Phy .the number of square feet permitted per dwelling
unit. When this number results in a fraction, round up to the next whole number (unit)
when the fraction of whole number is at least 0.66.
20.44.100 FLAG LOTS
A flag lot is defined as a lot with access to a street by way of a narrow strip of
land. The lot consists of two parts: the "flag" or main body of the lot and the
"panhandle" or the narrow access way connecting the lot to the street.
(a) When creating new lots the following standards shall apply:
(1) The minimum lot size shall be ~one-hundred and fifty percent
(150%) of the minimum lot size of the underlying zone;
(2) The "panhandle" shall have a minimum width of twenty (20) feet
wide;
(3) The minimum lot width and depth of the "flag" shall be the same
as the underlying zone;
(b) Flag lot dimensions shall be measured from the mid-point between two
opposite lot lines of the "flag" body of the lot.
(c) The yard setbacks shall be the same as underlying zone setbacks, except
the front yard setback area shall be applied per Figure 20.44.100 (see appendixill).
(d) In those easecases where BMC Section 20.44.100(c) cannot be applied,
the property line that most closely parallels the street from which the lot gains its access
shall be deemed the front lot line and front yard setbacks shall be measured from that
line.
(e) The access way or driveway shall be under the same ownership as the
body of the flag lot. An easement shall not be used as a method of providing access to
the body of the flag lot.
(f) The panhandle shall provide access to a paved and dedicated public right-
of-way or a private street. Flag lots shall not be created in order to avoid providing
turnarounds per City engineering street standard.
20.44.110 LIGHTING REGULATIONS
The following requirements shall apply concerning exterior lighting:
(a) Light sources. both direct and non-direct. shall be selected and placed so
that glare produced by any light source does not extend beyond the property lines. except
onto adiacent sidewalks.
(g) A photometric plan shall be submitted for all non-residential development
and multiple-family developments to confirm compliance with light requirements. The
plan shall include the following items:
(1) Location of all lighting fixtures;
(2) Manufacturer's model identification of each lighting fixture;
(3) Manufacturer's performance specifications of each fixture; and
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(4) Photometric plan of the installed fixtures which demonstrates that all
illumination is confined within the boundaries of the site.
20.44.120 ANCILLARY DRIVE-THROUGH LANES
Ancillary drive-through lanes as defined in BMC Section 20.42.020 may be
permitted in conjunction with an allowable principal use, unless drive-through lanes are
expressly prohibited in the zone district.
20.44 - 5 General Development Standards
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Figure 20.44(a)
Front Yard Setback Areas
The following Figure is for illustration purposes only and serves as a guideline when
applying setback requirements.
R R R
FLAG
S S S S S lOT
S
F F F
I
- f S S
c
CD I
E R CORNER
CD I F S
tn lOT
co I
W
I S
S
R
S S
S THROUGH
R S LOT
S
S S
S S S
S S S S S
R F F F
~---~~---------------------------------~------------------_.
-----------------------------------------------------------_.
-----------------------------------------------------------_.
-----------------------~~~~~~-----~------------------------_.
----------------------, ----------------_.
----------------------~ ----------------_.
-----------------------^... S HORELI N E -----------------.
~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~j
----------------------... -----------------
----------------------... -----------------
F = Front Yard ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~:
S = Side Yard
R = Rear Yard
20.44(a) General Development Standards
Council Package #5 Review
Figure 20.44( a)
Front Yard Setback Areas
The following Figure provides guidance in the application of front yard setback
requirements to different types of lot and street configurations.
Lot Lines (solid lines)
"
FLAG
lOT
.---... ,---------, , -------
,
\ I \ I
I
I I
I
I I
I
I I
I
I
I
~----------------
I
I
I
I
I r---------------------
I I
I I
I I
I I
I THROUGH
I
I I LOT
I I
I I
,..--- -......... I I
... I I
... I I
,- - - - - - - - ----------------------
,--------i 1----------..-----------
, I I
, I I
....._---~
I I
I I
I I
I I
I I
I I
I I
, " Front Yard
Setback Lines
(dashed lines)
20.44(a) General Development Standards
Council Package #5 Review
Figure 20.44(b)
LOT AREA CALCULATIONS
The following illustration demonstrates the methods for calculating Lot Area in BMC
Title 20.
1. The drawing below represents a I-acre parcel before deductions from buildable areas.
This is the "gross" lot area of the site.
Street
r"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-
Total Area of
Parcel = 1 acre
-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..
2. When creating new lots, the unbuildable areas such as streets and environmentally
sensitive areas are subtracted from the gross lot area to produce a net Lot Area that is
used when calculating the size of each new lot. If a new individual lot contains an
unbuildable environmentally sensitive area that is twenty-five (25) percent or less of
its gross lot area, the sensitive area may be included in the lot area. The drawing
below represents a I-acre parcel diVided into 5 parcels with applicable deductions.
Private Streett Turn Around = 9,960 sq ft
-.. _.. -.. -". -.. -.. -.. -.. -. .-.. -.. -.. -" - ..-... -"--'
I Lot 1 Area = Lot 2 Area =
I 5,600 sq ft 5,600 sq ft
I
i
I Lot 3 Area =
I 5,600 sq ft Lot 4 Area =
I 5,600 sq ft
. . . . . . . . . . . . . . . . . . . . . .
I ................ ..
. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .. .......... 1
-:-:-:-:-:-:......... ',',' . . . . . . ........-:-:-:-:-:-:-:-:.:-:-.
. . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
I Lot 5 Area = ::::: :8e:nsltlvc: Area:~: 5;60~ :89 :ft::::::j
5600 ft ...................................
!:::::::::::::::::::::'::::.:.::~~:::::::::::::::..,:.:::.:.::::.:::::::::::::::::::::::.:::::::::::::::::::::::::::::::::':::::::::.:::,
;;.;,. ~.; ..:.:.;,. ~.; '':':';'7 ..:.:.;,.; '.: :.:..:.:.; ..::.:..:.:.;~e!!aH~l ~~f~~~ '.:::,:,:,:,: ::;:.:.:.:.:::::.:.:.:.:::; :.:.:.:.:;:; :.:.;.::::;~;
Sensitive Area = less than 25% of Lot
Figure 20.44(b) General Development Standards
Council Package #5 Review
CHAPTER 20.46
SPECIAL DEVELOPMENT STANDARDS
SECTIONS:
20.46.010 Accessory Dwelling Units
20.46.020 Fences and Walls
20.46.030 Home Occupation
20.46.040 Manufactured Homes
20.46.050 Recreational Vehicles on a Private Lot
20.46.060 Dish Antennas
20.46.070 Adaptive Reuse of Public and Semi-Public Buildings
20.46.080 Mineral Resource Extraction
20.46.090 Senior Housing Complex
20.46.100 Recycling Collection Station
20.46.110 Adult Entertainment Businesses
20.46.120 Outdoor Storage Areas
20.46.130 Outdoor Land Uses
20.46.140 Wireless Telecommunication Facilities
20.46.150 Public Utility Facilities
20.46.160 Public Distribution / Transmission Facilities
20.46.010 ACCESSORY DWELLING UNITS
An Accessory Dwelling Unit (ADU) may be installed where a new or existing single-
family dwelling unit (hereafter-:::principal unit) is allowed. Accessory Dwelling Units are exempt
from density requirements and shall be subject to the following specific development, design and
owner-occupancy standards.
(a) An ADU shall comply with the development standards of the underlying zone for
the principal unit including setbacks, height, and lot coverage.
(b) An ADU may be detached from the principal unit only if incorporated into an
accessory garage structure.
(c) Only one QlADU may be created per lot residence.
(d) The property owner, which shall include titleholders and contract purchasers,
must occupy either the principal unit or the ADU as their permanent residence for at least six (6)
months out of the year.
(e) An ADU shall be limited to not more than:
(1) Forty (40) percent of the principal unit's total floor area (not including
basement);
(2) Eight-hundred (8001 square feet maximum, nor less than three-hundred
(300) square feet;
(3) Two (2) bedrooms.
(f) Any attached ADU shall be designed so that the appearance of the building
remains that of a single-family residence including the following:
(1) Constructed of the same materials and siding as the principal unit;
(2) A roof of equal or greater pitch as the principal unit;
(3) A height not greater than the principal unit.
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(g) The entrance to an attached ADU shall not be on the same fa~ade of the structure
as an entrance to the principal unit.
(h) Accessory Dwelling Units with up to one bedroom shall provide one (1) off-street
parking space, and ADUs with two-bedroom shall provide two (2) off-street parking spaces in
addition to that which is required for the principal unit.
(i) When development of an ADU is for people with disabilitie~ the Director may
allow reasonable deviation from the stated requirements to install features that facilitate
accessibility such as those required by the International Building Code.
(j) An ADU shall have a deed restriction recorded with the Kitsap County Auditor to
indicate the presence of the ADU, the requirement of owner-occupancy, and other standards for
maintaining the unit as described above.
20.46.020 FENCES AND WALLS
(a) Fences and walls shall observe the following height and setback requirements:
(1) Residential Zones:
(i) Maximum height shall be six (6) feet.
(ii) Maximum height within the front yard setback area shall be three
(3) feet; except an open mesh cyclone type fence may not exceed a height of forty-eight (48}
inches.
(iii) On corner lots with a specified front yard setback on each street
frontage, the Director can determine that the street frontage of the residence's principal
orientation is a "primary frontage" and may permit a six (6) foot maximum height fence in the
yard on the other (secondary) frontage only if all of the following conditions are met:
a. The higher fence will not block any existing front yard
views from an adjoining residence with its principal orientation to that same street;
b. The higher fence will not be closer to the residence's front
property line on the street of principal orientation than the closest part of the front fa<;ade of the
residence;
c. The higher fence will not encroach into the front yard of
the primary frontage where the maximum height limit in BMC Section 20.46.020(a)(1)(ii) takes
precedence.
(2) Commercial Zones:
(i) Maximum height shall be eight (8) feet.
(ii) Maximum height shall be six (6) feet when adjacent to a public
right-of-way, or to a residential zone.
(3) Industrial Zone:
(i) Maximum height shall be ten (10) feet.
(ii) Maximum height shall be six (6) feet when adjacent to a public
right-of-way, or to a residential zone.
t-B(b) A Type II Conditional Use Permit may be granted for fences or walls up to eight
(8) feet high in a side or rear yard only if the follov/ing criteria are met; The design of the fence
'.'1ill present a "finished" appearance on its outside face. the fence or wall is necessary to provide
privacy and security between a residential and a non-residential use.
(c) Fences and walls shall not block or hinder the sight distance of traffic. Exact
location and design of a fence or wall is subject to the approval of the City Engineer when
visibility or public safety is an issue.
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(d) No electric or electrified fences shall be permitted within the City of Bremerton.
(e) Barbed wire or similar wire protective devices are permitted only in industrial
zones above a height of six (6) feet provided that adjoining a residential zone, devices may be
allowed by approval of a Type II SpocialConditional Use Permit pursuant to BMC Section
20.58.020 only if the following criteria are met:
(1) The applicant demonstrates that the protective device cannot be installed
outside of the specified setback without significantly diminishing the utility of the industrial
property;
(2) The protective device will be designed to minimize adverse aesthetic
impact to the residential use by installing the device behind the top of a fence or wall or
screening the device with landscape; and
(3) The applicant demonstrates that the protective device is necessary to
provide additional security along the residential property line to protect the industrial premises.
(f) Notwithstanding the provisions of (a)(1)ii above, architectural appurtenances such
as trellises or entry gates that define a walkway or driveway entry are allowed in a front yard up
to ninety (90.) inches high, provided that:
(1) No individual structural support for such features shall be more
than sixteen t\velve (f.~lQ) inches square in section,
(2) Any gate shall not obscure more than twenty (20.%) percent of
visibility to the yard as viewed perpendicular to the gate's installation, and
(3) Any entry feature greater than three (3) feet in height shall not be
more than six (6) feet wide for a walkway entry or more than sixteen (16) feet wide for a
driveway entry.
(g) All fences shall present a "finished" appearance on its outside face.
20.46.030 HOME OCCUPATION
Home occupations are permitted in a residential dwelling unit subject to the following
limitations.
(a) The business shall clearly be subordinate to the use of the dwelling unit for
residential purposes.
(b) The business shall be wholly situated indoors.
(c) No person shall be employed in the home occupation unless a resident of the
dwelling unit-;-.:.
(d) There shall be no exterior display, storage or other exterior indication of the
existence of the home occupation, except as allowed by the underlying zone-;-.:.
(e) One .Qladditional off-street parking space meeting shall be provided in addition
to the number of off-street parking spaces already required';" for the dwelling. The Director may
waive this requirement if the home occupation involves Internet services that do not require
customers or deliveries at the residence.
(f) Any sales of product shall be limited to those produced on the premises, except
products produced elsewhere may be allowed provided the business is primarily involved in the
product's distribution and does not attract buyers to the property for retail or wholesale sales.
(g) Sales and services to patrons shall be arranged through appointment so that only
one .Qlpatron vehicle is on the premises at any given time the same time.
20.46 - 3 Special Development Standards
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(h) Not more than fifty (50) percent of the gross floor area of the dwelling t::m# may
be devoted to the home occupation use.
(i) The garage shall not be used in the business unless the required off-street and
customer parking can be adequately accommodated elsewhere on the site.
(j) Home occupations involving non-automotive engine and equipment maintenance
or servicing, beauty or barbershops, or the selling of products that are not produced on the
premises shall require approval of a Type II SpecialConditional Use Permit pursuant to BMC
Section 20.58.020.
(k) Automotive painting, body, and engine repair, small engine repair services and
any activity likely to produce excessive noise are prohibited as home occupations.
(1) Persons engaged in legal home occupations on the effective date of this chapter
shall be considered legal, provided the operation is consistent with all of the above-listed
performance standards. Any home occupation-that-, which was legally established but does not
currently conform to all those standards may not expand or enlarge and shall terminate that use
upon~ (1) change of use or ownership of the property~ or (2) written complaint of adjacent or
nearby property owners, after due notice and hearing, is provided and if the Director determines
that the home occupation is interfering with the use and enjoyment of the neighboring premises
and is not compatible with the residential environment in which it is located.
20.46.040 MANUFACTURED HOMES
(a) Manufactured homes are permitted on one individual parcel, lot, or tract in
residential zones,_provided that the home is:
(1) Approved by the Washington State Department of Labor and Industries or
the U.S. Department of Housing and Urban Development, and the appropriate certification
insignia is affixed to the unit, in accordance with the provisions of RCW Chapter 43.22;
(2) Comprised of at least two fully enclosed parallel sections each of not less
than twelve feet wide by thirty-six illlfeet long;
(3) Set upon a permanent foundation, as specified by the manufacturer, and
that the space from the bottom of the home to the ground be enclosed by concrete or an approved
concrete product which can be either load bearing or decorative;
(4) Compliant with all local design standards applicable to all other homes
within the neighborhood in which the manufactured home is to be located;
(5) Thermally equivalent to the state energy code;
(6) Originally constructed with and now has a composition or wood shake or
shingle, coated metal, or similar roof of nominal 3: 12 pitch; or greater:
(7) Sided with exterior siding similar in appearance to materials commonly
used on conventional site-built uniforminternationa1 building code single-family residences; and
(8) A new manufactured home as defined in RCW Section 35.63.160 (2).
(b) A manufactured home which was legally placed and maintained prior to the date
of adoption of this chapter, and does not meet the requirements of this chapter, shall be deemed
to be a non-conforming structure. If a legal non-conforming manufactured home is partially or
wholly destroyed, replaced, or altered, it shall be required to meet the relevant requirements set
forth in the nonconforming provisions of this title.
(c) The Building Official or designee shall inspect the installation of manufactured
homes prior to occupancy and issue certificates of occupancy for manufactured homes. If all
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requirements are met, a certificate of occupancy shall be issued. No manufactured home shall be
occupied until after the City issues a valid certificate of occupancy.
Cd) If a manufactured home is replaced by another manufactured home, a new
certificate of occupancy shall be required for the installation of a manufactured home after the
date of adoption of this ordinance.
20.46.050 RECREATIONAL VEHICLE ON A PRIVATE LOT
A recreational vehicle, occupied or not, may be parked on a private lot or lots only as an
accessory use subject to the parking provisions of this Title and the following provisions:
(a) aA recreational vehicle may be occupied for a cumulative period not to exceed
thirty (30} days during any twelve (12} consecutive month period;
(b) aA recreational vehicle may be parked and occupied by the owner of a lot as
temporary housing during the period of new house construction on the lot for a period not to
exceed one ffiyear;
(c) oolyOnly one Qlrecreational vehicle may be occupied on a single lot at any time;
(d) aA recreational vehicle shall not be parked within a required front yard setback
for more that--then fifteen (15} consecutive days and not more than thirty (30} days cumulative in
any twelve (12} consecutive months; and
(e) flfljI:Any occupied recreational vehicle must be self-contained and all garbage and
sanitation shall be disposed of in a manner approved by the City.
20.46.060 DISH ANTENNAS
(a) A ground-mounted dish antenna is subject to the setback requirements of the
underlying zone.
(b) Dish antennas may not be placed above the maximum underlying zoning district
height.
(c) All dish or other parabolic antenna having a collector dish diameter of six feet or
greater shall be ground-mounted, except as provided for otherwise. An antenna having a dish
diameter smaller than six feet may be pole- or roof-mounted in a location that has the least visual
impact on surrounding properties and views while maximizing the effectiveness of the antenna's
operation.
20.46.070 ADAPTIVE REUSE OF PUBLIC AND SEMI-PUBLIC BUILDINGS
The intent of these provisions is to provide opportunities for reusing functionally obsolete
public and semi-public buildings that are structurally sound with new uses to extend their
economic life. The adaptive reuse shall not be granted if the new use adversely affects adjacent
properties. Consideration shall be given to the relative intensity of the proposed use compared to
the intensity of the planned land use environment.
(a) A-Approval of a Type III SpecialConditiona1 Use Permit pursuant to BMC
Section 20.58.020 is required when an adaptive reuse is for a building located within a
residentialRresidential zone. The adaptive reuse shall meet the following criteria in order to be
granted approval.
(1) New traffic shall be accommodated within the existing levels of service on
the surrounding neighborhood streets.
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(2) Provisions for off-street parking are made. The Hearing Examiner may
reduce the number of off-street parking spaces if commute trip reductions methods are employed
and the adaptive reuse dedoes not generate an increase in on-street parking demand.
(3) The new use does not generate noise that exceeds City standards for
residential zones.
(4) Adequate street trees and landscaping are incorporated In.a...lJl.i;U]llef that
buffers the adaptive reuse from adjacent residential uses and makes it more compatible with the
surrounding neighborhood.
(5) Additional conditions may be applied including, but not limited to,
limiting hours of operations, density, restrictions for noise attenuation and other conditions
deemed necessary to ensure compatibility with surrounding residential uses.
(6) The subject building must have been constructed for a stated public or
semi-public use and operated as such for a minimum of five (5) years. For the purpose of this
section public and semi-public building" shall include public schools, fire stations, libraries,
churches, hospitals, and post offices.
(b) The following uses may be approved for adaptive reuse:
(1) Residential, no density limit provided no new floor area constructed;
(2) Foster Homes;
(3) Daycare facilities;
(4) Group Residential Facilities, Class I (Assisted Living);
(5) Youth, Teen, Senior, or Community Centers;
(6) Medical and dental clinic and related services (not hospitals);
(7) Religious worship facilities;
(8) Library;
(9) Museum and Art Gallery;
(10) Consultants (Architect, Engineering, Planning, Design and similar);
(11) Computer assistance and training (but not repair);
(12) Officelbusiness assistance services, Call Centers, and general offices;
(13) Social services/facilities; and
(14) Welfare and charitable services/facilities.
20.46.080 MINERAL RESOURCE EXTRACTION
The purpose of this section is to preserve opportunities for mineral extraction while
protecting the health and safety of the community.
(a) Mineral resource extraction for soil, and, gravel, quarried stone or ore may be
allowed if a Type III Specia1Conditiona1 Use Permit is approved-;- pursuant to BMC Section
20.58.020. The owner or agent of the quarry shall submit to the City copies of all documents
submitted to the Washington Department of Natural Resources with the application.
(b) At a minimum the following performance standards shall apply.
(1) A fence eight (8) feet in height shall be installed around the mineral
extraction area and all accessory operations.
(2) When a subject property is adjacent to developed properties or public
rights-of-way, a four (4) foot high landscape sight-obscuring barrier shall be installed that will
grow to not less than eight (8) feet high within three (3) years. If soil and terrain make
landscaping impractical, an eight (8) foot fence or wall that completely screens the property from
other uses and the public streets shall be installed.
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(3) The following are the minimum distances to be measured from adjacent
property lines or public rights-of-way.
(i) Critical Areas.
a. to edge of pit, excavation, or stockpiling area, one-hundred
(100} feet
b. to crushing of rock or processing of stone gravel or
minerals, three-hundred (300} feet
c. to blasting, determined on a case-by-case basis
(ii) Shoreline area
a. to edge of pit, excavation, or stockpiling area, one-hundred
(100} feet
b. to crushing of rock or processing of stone gravel or
minerals, three-hundred (300} feet
c. to blasting, determined on a case-by-case basis
(iii) Industrial area
a. to edge of pit, excavation, or stockpiling area, twenty (20}
feet
b. to crushing of rock or processing of stone gravel or
minerals, two-hundred (200} feet
c. to blasting, four-hundred ( 400} feet
(iv) Residential area
a. to edge of pit, excavation, or stockpiling area, three-
hundred (3002 feet
b. to crushing of rock or processing of stone gravel or
minerals, five-hundred (5002 feet
c. to blasting, determined on a case-by-case basis, minimum
1,000 feet
(v) All other land sues
a. to edge of pit, excavation, or stockpiling area, one-hundred
(100} feet
b. to crushing of rock or processing of stone gravel or
minerals, three-hundred (3002 feet
c. to blasting, determined on a case-by-case basis
(4) When a pit exceeds a depth of twenty (20) feet, all dense undergrowth
shall be removed from the soil cover for a distance of fifty (50) feet from the edge of the pit.
(5) No smoke, dust, dirt, fly ash, other airborne particulate matter, toxic or
odorous gasses, liquid or solids shall be emitted in quantities that adversely affect surrounding
properties.
(6) The provisions set forth in BMC Chapter 6.32 shall apply as applicable.
(7) Upon the termination of quarrying operations at a pit that exceeds a depth
of five (5) feet, shall be backed fill to a minimum slope of one (1) foot vertical to one (1) foot
horizontal.
(8) The site shall be restored after quarrying activities are completed. A
landscaping and site reclamation plan shall be required with the Special Use Permit and the City
may require a security guarantee for restoration.
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20.46.090 SENIOR HOUSING COMPLEX
AApproval of a Type III Special Conditional Use Permit pursuant to BMC Section
20.58.020 may allow senior housing complexes in any zone, except industrial zones, subject to
the following standards:
(a) The site shall have access to an arterial street;
(b) Minimum site area shall be no less than two (2) acres;
(c) Minimum setbacks, density, height and lot coverage of the underlying zone shall
apply;
(d) Off-street parking shall be a minimum one (1) space per dwelling tHlit;
(e) Except for a community building / clubhouse for the exclusive use of complex
residents, all accessory uses shall be located within a structure containing residential units;
(f) Attached or detached structure types are permitted and dwelling units may be
owned by individuals or occupied as rentals;
(g) Access to alternative transportation such as public transit or on-site shuttle
services to access daily goods and services shall be provided; and
(h) A management agreement or covenants on individual properties to maintain the
complex, as a senior citizen complex, shall be recorded with the Kitsap County Auditor's office.
20.46.100 RECYCLING COLLECTION STATION
The following standards apply to collection stations intended for public use. They are not
mandatory (but may be applied voluntarily) for private on-premise collection and storage of
recyclables by owners or tenants of residential properties, businesses or organizations. Such on-
premise collection and storage is considered accessory to the principal use of the property and
not available to the general public.
(a) Areas to be used in the collection operation must have asphalt or concrete surface
and shall be landscaped to the same standards that apply to any other development or use within
the subject zone.
(b) The facility shall be closed to public access between the hours of 8:00 p.m. and
6:00 a.m. in residential zones.
(c) A sight-obscuring fence or wall built to the maximum allowed height of the zone
shall be constructed and maintained along the sides and rear of the facility. Chain-link type
fences and gates are permitted along front lot lines.
(d) The facility may be lighted for use during hours of darkness, but shall not be
lighted between the hours of 8:00 p.m. and 6:00 a.m. in residential zones.
(e) The site shall be monitored and maintained in a clean, safe and healthful manner.
20.46.110 ADULT ENTERTAINMENT BUSINESSES
This section regulates the location of adult entertainment businesses. The purpose of
these regulations is to reduce conflicts between adult entertainment businesses and other land
uses. The intent is to protect the City from the blighting impacts of concentrations of adult
entertainment businesses while assuring the full enjoyment of all the constitutionally guaranteed
rights of the general public.
(a) Location of Adult Entertainment Businesses7~
(1) Adult Entertainment Businesses as defined in subsection BMC Section
20.46.11O(c) below are prohibited within the area circumscribed by a circle which has a radius of
five:: hundred (500) feet from the following specified uses or zones:
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(i) Any zone in which residential use is listed as a principal use.
(ii) Any public or private school.
(iii) Any day care facility as defined in BMC Section 20.42.020.
(iv) Any worship, religious, or church facility as defined in BMC
Section 20.42.020.
(v) Any public park.
(vi) Any community or neighborhood center as defined in BMC
Section 20.42.020.
(vii) Any public library.
(2) The distances provided in this section shall be measured by following a
straight line, without regard to intervening buildings, from the nearest point of the property or
parcel upon which the proposed use is to be located, to the nearest point of the parcel of property
or the land use district boundary line from which the proposed land is to be separated.
(3) Violation of the use provisions of this section is declared to be a public
nuisance per se, which shall be abated by the City attorney as authorized under state law or City
Code.
(4) Nothing in this section is intended to authorize, legalize, or permit the
establishment, operation, or maintenance of any business, building, or use which violates any
City Code or statute of the state regarding public nuisances, sexual conduct, lewdness, or
obscene or harmful matter or the exhibition or public display thereof.
(b) Development Standards,;,:, Adult Entertainment Businesses are subject to the
development standards of the underlying zone.
(c) Definitions,;,:,
(1) Adult Entertainment means any dance, amusement, show, display,
merchandise, material, exhibition, pantomime, modeling, or any other like performance of any
type, for the use or benefit of a member or members of the public or advertised for the use or
benefit of a member of the public where such is characterized by an emphasis on the depiction,
description, or simulation of "specified anatomical areas," defined in this chapter, or the
exhibition of "specified sexual activities," also defined in this chapter, or the case of live adult
entertainment performances, which emphasizes and seeks to arouse or excite the patron's sexual
desires. Any patron of an adult entertainment business, as defined in this Section shall be
deemed a member of the public.
(2) Adult Entertainment Business means any establishment providing adult
entertainment as defined in this Section including, but not limited to, adult arcade, adult retail
establishment, adult motion picture theater, and exotic dance studio, more specifically defined
herein.
(3) Adult Arcade means a commercial establishment where, for any form of
consideration, one (1) or more still or motion picture projectors, slide projectors, computer-
generated or enhanced pornography, panoramic peep show, or similar machines, or other image
producing machines, for personal viewing, are used to show films, motion pictures, video
cassettes, slides or other photographic reproductions which provide material for individual
viewing by patrons on the premises of the business which are characterized by an emphasis on
the depiction, description or simulation of "specified anatomical areas" or "specified sexual
activities. "
(4) Adult Motion Picture Theater means a commercial establishment where
films, motion pictures, video cassettes, slides, or similar photographic reproductions
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characterized by an emphasis on the depiction, description, or simulation of "specified
anatomical areas" or "specified sexual activities" are regularly shown for any form of
consideration.
(5) Adult Retail Establishment means any bookstore, adult novelty store, adult
video store, or other similar commercial establishment, business service, or portion thereof,
which, for money or any other form of consideration, provides as a significant or substantial
portion of its stock-in-trade the sale, exchange, rent, loan, trade, transfer, and/or provision for
viewing or use off the premises of adult entertainment material defined in this chapter. For
purposes of this provision, it shall be a rebuttable presumption that thirty (30) percent or more of
a business' stock-in-trade in adult retail material, based on either the dollar value (wholesale or
retail) or the number of titles of such material, is significant or substantial. In determining
whether or not the presumption is rebutted, the Director may consider the following factors,
which are not inclusive:
(i) Whether minors are prohibited from access to the premises of the
establishment due to the adult entertainment nature of the inventory;
(ii) Whether the establishment is advertised, marketed, or held out to
be an adult merchandising facility;
(iii) Whether adult entertainment material is an establishment's primary
or one of its principal business purposes; or
(iv) Whether thirty (30) percent or more of an establishment's revenue
is derived from adult entertainment material.
An establishment may have other principal business purposes that do not involve the
offering for sale or rental of adult entertainment materials and still be categorized as an adult
retail establishment. Such other business purposes will not serve to exempt such establishments
from being categorized as an adult retail establishment so long as one (1) of its principal business
purposes is offering for sale or rental, for some form of consideration, the specified adult
entertainment materials. The Director shall have full discretion to give appropriate weight to the
factors set forth above as well as other factors considered depending on the particular facts and
circumstances of each application.
(6) Exotic Dance Studio, also know as "erotic dance studio," "topless bar" and
"adult cabaret," means a nightclub, bar, restaurant, or similar commercial establishment, or any
premises or facility to which any member of the public is invited or admitted and where an
entertainer provides live performances to any member of the public, which performances are
characterized by an emphasis on the depiction, description, or simulation of "specified
anatomical areas" or "specified sexual activities" or which emphasize and seek to arouse or
excite the patron's sexual desires.
(7) Adult Entertainment Material means any books, magazines, cards,
pictures, periodicals or other printed matter, or photographs, films, motion pictures, video tapes,
slides, or other photographic reproductions, or visual representations, CD roms, DVDs, disks,
electronic media, or other such media, or instruments, devices, equipment, paraphernalia, toys,
novelties, games, clothing or other merchandise or material, which are characterized by an
emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified
sexual activities."
(8) Specified Anatomical Areas means:
(i) Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus, or female breast below a point immediately above the top of the areola; or
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(ii) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.
(9) Specified Sexual Activities means:
(i) The caressing, touching, fondling or other intentional or erotic
touching of male genitals, female genitals, pubic region, buttocks, anus, or female breasts of
oneself or of one person by another; or
(ii) Sex acts, normal or perverted, actual or simulated, including
masturbation, intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts
which are prohibited by law; or
(iii) Human genitals in a state of sexual stimulation, arousal, or
tumescence or visual state of sexual stimulation, arousal or tumescence, even if completely and
opaquely covered; or
(iv) Excretory functions as part of or in connection with any of the
activities set forth in subsection BMC Section 20.46.11O( c )(9)(i) through (iii) of this section.
20.46.120 OUTDOOR STORAGE AREAS
All uses that include outdoor storage areas and all refuse containers shall, in addition to
any underlying zoning requirements, meet the following criteria.
(a) It shall be surrounded by a six (6) foot high solid wall or sight-obscuring fence.
The wall or fence shall be considered a structure and shall conform to the setbacks of the
underlying zone.
(b) Outdoor storage of materials shall not exceed six (6) feet in height when visible
from a public right-of-way.
(c) Outdoor storage yards shall meet landscaping requirements for non-residential
uses.
20.46.130 OUTDOORS LAND USES
In addition to other applicable development requirements, outdoor oriented land uses
such as sales lots, impound lots, outdoor storage yards, and similar activities shall have all
parking and storage areas developed with a paved surface, which is durable, and able to
withstand all weather conditions.
20.46.140 WIRELESS TELECOMMUNICATIONS FACILITIES
(a) Purpose and Intent: The purpose of this Section is to provide specific regulations for
the placement. construction. modification and removal of these facilities. Pursuant to the
guidelines of Section 704 of the Federal Telecommunications Act of 1996. 47 USC Section
332(c)(7). the provisions of this Section are not intended to and shall not be interpreted to
prohibit or to have the effect of prohibiting the provision of wireless telecommunications
facilities. nor shall the provisions of this chapter be applied in such a manner as to unreasonably
discriminate among providers of functionally equivalent wireless services.
(b) General Provisions:
(I) Not Essential Public Facilities: Wireless telecommunications facilities
shall not be considered or regulated as essential public facilities.
(2) Exemptions: The following are exempt from the provisions of this
Section:
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(i) Industrial processing equipment and scientific or medical equipment I
using frequencies regulated by the Federal Communications Commission (FCC):
(ii) Antennas and related equipment no more than three (3) feet in height
that are being stored, shipped, or displayed for sale: I
(iii) Facilities used for the purpose of public safety by public or semi-
public entities including, but not limited to, police communications, hospital communications I
and 911 system communications:
(iv) Wireless radio utilized for emergency communications in the event of
a disaster: I
(v) Licensed amateur (ham) radio installations:
(vi) Satellite dish antennas less than two (2) meters in diameter, including i
direct home satellite services, when an accessory use of the property: I
(vii) Routine maintenance of otherwise permitted wireless
telecommunications facilities: or
(viii) Subiect to compliance with all applicable City, State, and Federal
standards, an emergency repair of a wireless telecommunications facility, provided that a permit
is applied for within thirty (30) days after completion of such emergency repair.
(3) Principal or Accessory Use: Wireless telecommunications facilities may be
either a principal or accessory use. A different use of an existing structure on the same lot shall
not preclude the installation of a wireless telecommunications facility on that lot.
(4) Prohibited Use: Type I and Type II Towers as defined in BMC Chapter 20.42
are prohibited in the Low Density Residential (R -10) zone.
(5) Reimbursement of Costs: In addition to the application fee, the applicant shall
reimburse the City for costs of professional engineers and other consultants, mutually acceptable
to both applicant and City, hired by the City to review and inspect the applicant's proposal when
the City is unable to do so with its existing staffing resources. By way of illustration and not
limitation, these professional services may include engineering and technical review , legal
review, planning review, Hearing Examiner services, environmental review, critical areas
review, financial and accounting review, soils review, and mechanical and structural engineering
review. In the event that a proiect requires professional services beyond that which is included in
the base fee, the applicant shall reimburse the City the full cost of such engineer or consultant
services plus a City service change of ten percent ( 10%) as calculated from before tax cost.
( c) Permits ReQuired: Approval of a permit( s) is required to site a wireless
communication facility in accordance with the following and the procedures set forth in BMC
Chapter 20.02:
(1) Type I Director's Decision:
(i) Co-location of antennas on towers per BMC Section 20.46.140 in non-
residential zones:
(ii) Co-location of antennas on existing support structures per BMC
Section 20.46.140, excluding towers, in any zone:
(2) Type II Director's Decision: New Type I Towers and associated equipment
and antennas in nonresidential zones.
(3) Type III Hearing Examiner Decision: Any wireless telecommunication facility
not stated above including the following::
(i) Any Type I Tower in a residential zone and associated antenna and
equipment enclosures:
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(ii) Any Type II Tower and associated antennas and equipment
enclosures.
(4) Expiration of Permits: A permit shall expire consistent with the provisions of
the City building code, except that the permit for construction of a wireless telecommunications
facility shall expire one ( 1 ) year after the effective date of the permit approval.
(d) Priority of Locations and Consideration Process: The order of priorities for
locating new personal wireless service facilities shall be as follows:
(1 ) Place antennas and towers on public property if practical.
(2) Place antennas and towers in districts zoned Freeway Commercial (FC),
Marine Industrial (MI), Industrial Park (IP), or Industrial (1).
(3) Co-locate antennas on appropriate rights-of-way and existing structures, such
as buildings, towers, water towers and smokestacks.
(4) Place antennas and towers in other zone districts which do not adioin or
adversely impact residential neighborhoods.
(5) Only after an applicant has provided an alternative sites report per BMC
Section 20.46. 140( e) that demonstrates that priority sites per this section have been investigated
shall other sites be approved.
( e) Application Submittal ReQuirements: Application for any Tvpe I or Tvpe II
permit, and other related requests. shall include any combination of site plans, surveys, maps,
technical reports, or written narratives necessary to convey the following information, unless
waived or modified by the Director as unnecessary. The following information shall be
submitted with a permit:
(1) A site or combined site and vicinity plan clearly indicating the site location,
type and height of the proposed tower (if any) and antenna, on-site and nearby land uses and
zoning, roadways, proposed means of access, setbacks from property lines, sufficient to
demonstrate that setbacks and other pertinent requirements have been met. Such drawings shall
specifically include elevation drawings of the proposed tower (if any), any other proposed
structures.
(2) A site elevation and landscaping plan indicating the specific placement of the
facility on the site, the location of existing structures, trees, and other significant site features, the
type and location of plant materials used to screen the facility, and the proposed color( s) of the
facility, and the method of fencing, and finished color and, if applicable, the method of
camouflage and illumination. The Director may adiust these requirements when co-locating on
an existing support structure.
(3) A completed Federal Aviation Regulation (FAR) 7460-1 Airspace Form with
applicable agency comments if the facility is located within five (5) miles of any airport. The
City may incorporate comments provided in the FAR Part 77 Airspace Form into its decision as
conditions.
(4) Photo simulations of the proposed facility from affected residential properties
and public rights-of-way at varying distances.
(5) Copies of any environmental documents required by any Federal agency.
These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event
that an FCC environmental assessment is not required, a statement that describes the specific
factors that obviate the requirement for an environmental assessment.
(6) A legal description of the parcel.
(7) A signed statement indicating that:
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(i) the applicant and landowner (if different) agree they will diligently
negotiate in good faith to facilitate co-location of additional wireless telecommunications
facilities by other providers on the applicant's structure or within the same site location, and
(ii) the applicant and/or landlord agree to remove the facility within one-
hundred eighty (180) days after abandonment per BMC Section 20.46. 140(i).
(8) A letter signed by the applicant stating the tower will comply with all FAA
regulations and EIA Standards and all other applicable Federal. and local laws and regulations;
(9) Certification that the antenna usage will not interfere with other adiacent or
neighboring transmission or reception functions.
(10) The telecommunications provider must provide documentation that it is
licensed by the FCC if it is required to be licensed under FCC regulations.
( 11) The telecommunications provider must supply documentation that it has
consulted with hospitals, medical clinics, and other similar medical uses within a radius of one-
thousand (1,000) feet of the proposed wireless telecommunications facility and that such
hospitals, clinics and medical uses testify that the wireless facility will not cause interference,
malfunctions, or improper operation of any diagnostic, analytical. or therapeutic equipment uses
in the care, treatment, or diagnosis of medical patients.
(12) The applicant, if not the telecommunications service provider, shall submit
proof of lease agreements with an FCC licensed telecommunications provider if such
telecommunications provider is required to be licensed by the FCC.
(13) An agreement between the applicant and City shall be provided establishing
that if technology should change and a wireless telecommunication facility becomes obsolete,
and the use of the facility abandoned or discontinued, the applicant shall remove facilities per
BMC Section 20.46. 140(i).
(14) A technical report demonstrating the service requirements of the applicant
and demonstrating need for the proposed facility at the location proposed. At a minimum, the
technical report shall include:
(i) A map of the area to be served by the tower or antenna;
(ii) Its relationship to other cell sites in the applicant's network including
technical data related to frequencies, range, capacity, etc., and
(iii) An evaluation of existing buildings taller than thirty (30) feet, within
one-quarter (1/4) mile of the proposed tower or antenna which from a location standpoint could
provide part of a network to provide transmission of signals. The technical report should
demonstrate how the proposed site fits into the provider's overall network;
(15) An alternative sites report must be submitted. The report shall discuss all
potential sites investigated, including at a minimum all nearby priority locations as listed in
BMC Section 20.46.140(d); summarize technical data and other rationale as to why a potential
site was not appropriate and considered further; and include a demonstration that:
(i) the applicant has contacted the owners of structures in excess of thirty
(30) feet high within a one-quarter (1/4). mile radius of the site proposed and which from a
location standpoint could provide part of a network for transmission of signals;
(ii) asked for permission to install the antenna on those structures; and
(iii ) access/location was denied for reasons other than econOIll1C
feasibility; and
( 16) When there is a technical disagreement relating to location, height or related
issues the City and the applicant may retain a mutually acceptable technical expert in the field of
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RF engineering to provide technical advice to the City on the proposal. The cost for such a
technical expert will be at the expense of the applicant.
(f) Site Development Standards Wireless communication facilities shall complv with
the following development standards.
( 1) Type I and Type II Towers shall be set back a distance equal to one and one-
half (11/2) times the height of the tower from nonconforming residential use as measured from
the wall of any supporting equipment enclosures of building or the base of the tower, whichever
is nearer. The setback shall be measured to the nearest property line of the parcel upon which the
non-conforming residential use is located.
(2) Type I and Type II Towers shall be set back a distance equal to three (3)
times the height of the tower from any conforming residential use as measured from the wall of
any supporting equipment enclosures of building or the base of the tower, whichever is nearer.
The setback shall be measured to the nearest property line of the parcel upon which the
conforming residential use is located.
(3) Wireless telecommunications facilities shall be screened or camouflaged by
employing the best available technology. This may be accomplished by use of compatible
materials, location, color, stealth technologies, and/or other tactics to achieve minimum visibility
of the facility as viewed from public streets or residential properties. All screening and
camouflaging is subiect to the approval of the City.
(4) Tower bases, equipment enclosures and cabinets and related security fencing
shall be screened from public view. This screening requirement may be met in a number of ways,
including use of a solid masonry walL earthen berms, or landscaping. If landscaping is
employed, it shall meet all applicable requirements of BMC Chapter 20.50.
(5) In reviewing the proposed placement of a wireless facility on the site and any
associated landscaping, the City may make a condition of the permit that the applicant
supplement existing trees and mature vegetation to more effectively screen the facility.
(6) Type I and II towers, antennas, and any associated hardware and equipment
shall be painted a non-reflective color or color scheme appropriate to the background against
which the facility would be viewed from a maiority of points within its viewshed. A proposed
color or color scheme shall be approved by the City.
(7) Security fencing, if used, shall conform to the following:
(i) No fence shall exceed eight (8) feet in height:
(ii) Security fencing shall be effectively screened from view through the
use of appropriate landscaping materials; and
(iii) Chain-link fences shall be painted or coated with a nonreflective
color, and shall have a minimum three (3) foot deep area to be planted with approved plant
species in a manner that will completely screen the fencing.
(8) No wireless equipment enclosures reviewed under this section shall be
located within required yard setback areas.
(9) Type I and Type II towers shall not be located in view corridors as defined
under the Bremerton Shorelines Management Program.
(10) Type I and Type II towers shall not be illuminated or have lights located
upon them except as required under Federal Aviation Administration (FAA) or other State or
Federal regulations.
(11) No equipment shall be operated so as to produce noise levels above forty-
five (45) dB as measured from the nearest property line on which the wireless
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telecommunications facility is located, except temporary generators used during power outages
and natural disasters. Such temporary use shall be for the shortest time period practical.
(g) Co-Location on Tvpe I and Tvpe II Towers. Tvpe I and Tvpe II Towers shall be
designed to accommodate co-location. The following provisions shall apply:
(1) All new Type I Towers shall be designed to accommodate at least one
additional provider. Type II towers shall be designed to accommodate at least two additional
carriers. The City of Bremerton may deny a proiect for a wireless telecommunications facility if
co-location is not provided.
(2) Additional Tower height provided for co-location shall be the minimum
needed. Separation between existing and potential additional antenna arrays shall not exceed
fifteen (15) feet unless a technical rationale for a larger separation, acceptable to the City, is
provided during permit approval for initial tower construction or for any modification of existing
towers adding tower height.
(3) An owner of a Type I or Type II Tower approved under this chapter may not
deny a wireless provider the ability to co-locate on their facility at a fair market rate or at another
cost basis agreed to by the affected parties.
(4) In the event co-location is found to be not feasible, a detailed written
statement or report demonstrating the reasons for the unfeasibility shall be prepared by the
applicant. The City and the applicant may retain a mutually acceptable technical expert in the
field of RF engineering to review the applicant's unfeasibility report. The technical expert will
provide comments on the unfeasibility report and provide comments on how the facility could be
designed to accommodate co-location if possible. The cost for such a technical expert will be at
the expense of the applicant.
(h) Co-location on Support Structures other than Tvpe I and Tvpe II Towers:
Wireless telecommunications facilities may be co-located on existing or proposed support
structures other than Type I or Type II Towers under the following conditions:
(1) Type I and Type II towers may not be placed on any other existing or
proposed support structure;
(2) Whip antennas may exceed the structure height by a maximum of fifteen (15)
feet, and other omni-directiona1 antennas may exceed the structure height by a maximum of ten
(10) feet;
(3) Wireless telecommunications facilities may be mounted on one (1) or more
building facades or on one (1 ) or more sides of a mechanical equipment enclosure;
(4) The wireless telecommunications facilities of one (1) provider, including all
appurtenances and screening, shall not exceed five percent (5%) of any facade of a building. The
wireless telecommunications facilities of all providers located in the support structure shall not
exceed ten percent ( 1 0%) of the building facade;
(5) Exterior equipment structures placed on existing support structures may not
exceed five hundred (500) cubic feet with a five (5) foot height limit above existing building
height in residential zones; and
(6) Antennas may be attached to ball field light standards, electrical transmission
towers, water tanks or existing utility poles; provided, that:
(i) In residential zones, supporting equipment enclosures and structures
shall be in side or rear yards and otherwise adhere to the building setback requirements of the
zone, and
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(ii) Utility poles in any zone shall not be extended or replaced such that
overall height is increased more than twenty (20) feet above the pre-existing pole or the average
height of existing poles within three hundred (300) feet whichever is less.
(i) Abandonment or Discontinuation of Use.
( 1) At such time that a provider plans to abandon or is required to abandon. the
operation of a wireless telecommunications facility, such provider will notify the City
Department of Community Development by certified U.S. mail of the proposed date of
abandonment. Such notice shall be given no less than thirty (30) days prior to abandonment.
(2) In the event that a licensed provider fails to give such notice, the personal
wireless facility shall be considered abandoned.
(3) Upon abandonment, the provider shall physically remove the wireless
telecommunications facility within one hundred eighty (180) days from the date of abandonment.
"Physically remove" shall include, but not be limited to:
(i) Removal of antennas, mounts, equipment cabinets and security barriers
from the subiect property.
(ii) Removal of Type I or Type II towers.
(iii) Transportation of the antennas, mounts, equipment cabinets, security
barriers, and towers to a location outside of the City of Bremerton.
(iv) Restoring the location of the personal wireless facility to its natural
condition, except any remaining landscaping and grading.
(i) Maintenance.
(1) Wireless telecommunications facilities shall be maintained. For purpose of
this section, maintenance shall include but not necessarily be limited to the following:
(i) Keeping of all plant materials used for screening in a live and healthy
condition:
(ii) Regular painting of towers, enclosures, fences and all paintable items
on the site such that rust, peeling paint, or oxidation is not evident;
(iii) Repair of any loose or hanging equipment or parts: and
(iv) Replacement of missing plants, fencing or fencing parts, or other
portions of towers, enclosures, and other equipment.
20.46.150 PUBLIC UTILITY FACILITIES
Public Facilities as defined in BMC Chapter 20.42 may be permitted in all zones where
not listed as an allowable use provided a conditional use permit is approved pursuant to BMC
Chapter 20.58.020, and subject to the following conditions. Decisions shall be a Type II
Director's decision per BMC Chapter 20.02.
(a) The public facility does not substantially interfere with or detract from the intent
of the zone district, as determined by the Director:
(b) The public facility conforms to applicable development standards of the zone,
including setback and height standards, unless modified by the Director:
(c) Measures are taken to provide screening for the public facility in cases where the
facility would otherwise have a negative impact on the visual character of a neighborhood as
seen from rights of way or adiacent properties.
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20.46.160 PUBLIC DISTRIBUTION I TRANSMISSION FACILITIES
Public Distribution I Transmission Facilities as defined in BMC Chapter 20.42 are
permitted outright in all zones. The Director shall determine whether a utility facility is most
appropriately classified as a Public Distribution I Transmission Facility or a Public Utility
Facility (BMC Section 20.46.150) according to the Definitions set forth in BMC Chapter 20.42.
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CHAPTER 20.48
OFF-STREET PARKING REQUIREMENTS
SECTIONS:
20.48.010 Intent
20.48.020 Appl~bility
20.48.030 Nonconformities
20.48.040 General Requirements
20.48.050 Modifications to Parking Development Standards
20.48.060 Residential Parking Development Standards
20.48.080 Non-Residential Parking Development Standards
20.48.100 Parking Reduction
20.48.120 Unlisted Uses
20.48.140 Handicapped Accessible Parking
20.48.160 Loading / Unloading
20.48.180 Other Required Parking Spaces
20.48.200 Rent of Residential Parking
20.48.220 Satellite Parking
20.48.240 Joint Use Parking Facilities
20.48.260 Drive- Through Stacking Requirements
20.48.010 INTENT.
The intent of this Chapter is to require off-street parking and loading facilities in
proportion to the parking and loading demand of land uses while minimizing the amount
of impervious surface where possible. The purpose of the regulations and design
standards are to ensure the usefulness of parking and loading facilities, to protect the
public safety, to mitigate adverse land-use impacts and to protect the visual, water and air
quality of the community.
20.48.020 APPLICABILITY.
(a) General: The provisions of this Chapter shall be applied at the time of
erection of any building or structure, or at the time any principal building or structure is
enlarged or increased in capacity unless provided for otherwise by law. This Chapter
shall be used in conjunction with specific off-street parking requirements set forth in
BMC Title 20.
(b) Change of Use or Occupancy: The number of off-street parking spaces
shall be provided in accordance with the requirements of this Chapter if a change in the
use or occupancy of an existing building or structure results in a significant increase in
the parking demandrequirement, which shall be determined by calculating the difference
between the required and existing number of parking spaces. If the difference is more
than fifteen (15) percent of the existing parking spaces, or if the difference is more than
three (3) parking spaces, whichever number is larger, it shall be determined to be a
significant increase.
(c) Expansion of Structurel Use: When an existing structure or use is
expanded, additional off-street parking spaces shall be provided in accordance with the
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requirements of this chapter, except when the expansion necessitates the addition of three
(3) or fewer parking spaces. The number of additional spaces shall be computed only to
the extent of the enlargement, regardless of whether or not the number of previous
existing spaces satisfies the requirements of this Chapter.
{d) Movement of Building: If a building is moved to a new lot, off-street
parking spaces shall be provided in accordance with the requirements of this Chapter.
(e) Change in Ownership: Additional off-street parking shall not be required
because of a change in ownership or tenancy provided the use and the building remain
unchanged.
(f) Rehabilitation: Additional off-street parking spaces are not required
because of a building remodel or improvements if:
(1) The remodel or improvements are contained within the existing
envelope of the building or structure;
(2) The inside gross floor area is not increased by more than ten (10)
percent; and
(3) No additional residential dwellings are created.
20.48.030 NONCONFORMITIES.
Any use, which on the effective date of this Chapter or any amendments hereto, is
nonconforming in terms of required off-street parking facilities may continue in the same
manner as if they were conforming unless any of the provisions set forth in BMC Section
20.48.010 would apply. However, in no case shall nonconforming parking have its
existing number of off-street parking spaces reduced.
20.48.040 GENERAL REQUIREMENTS.
The following requirements are applicable to all zoning districts.
(a) Occupancy: No building or structure shall be approved for occupancy
unless adequate parking facilities are provided consistent with the requirements of this
Chapter.
(b) Availability: All required off-street parking spaces shall be made
available and continuously maintained for the parking of residents, customers, patrons
and employees of the related land uses and shall not be rented, leased or otherwise
assigned to any person or organization not related to the principal or accessory land use.
(c) Plans Required: No building permit shall be issued until the applicant has
submitted satisfactory plans to the City showing how the off-street parking and loading
facilities required by this Chapter will be provided and maintained. Development of a
parking lot without a building or other structure does not require a building permit, but
does require Site Plan Review in accordance with BMC Section 20.58.090
(d) Maintenance: It shall be the responsibility of the property owner to
ensure that parking areas and driveways are continually maintained in good condition and
free of refuse and debris. All required landscaping shall be kept in a healthy condition
and properly maintained.
(e) Non-parking Activities: No business, temporary or permanent display, or
other non-parking activity shall occur on any required parking space.
(f) Parking Prohibited: Parking is prohibited on landscaped or other areas
not designed and approved for parking.
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(g) Unobstructed Access and Circulation:
(1) Unobstructed vehicular access to and from public or private streets
shall be provided for all off-street parking spaces. Vehicular access drives shall be
designed to ensure the safety of persons using such access or traveling on the public
street.
(2) Required parking and all maneuver areas shall remain free of all
obstructions.
(3) No parking space may block access to another parking space
unless the City has approved a tandem parking design, and valet parking with a tenant is
made available during hours of operation.
(4) Except for single-family and duplex structures on individual lots,
parking spaces shall be designed to prevent the backing of vehicles onto a public right-of-
way, or a private street other than an alley.
(h) Shared Driveways: Shared driveways are encouraged for abutting lots
whenever practical. Approval shall include easements granting access to all property
owners using the shared driveway.
20.48.050 MODIFICA TIONS TO PARKING DEVELOPMENT
STANDARDS.
The parking development standards included in Section 20.48.060 and 20.48.070
of this Chapter are base standards. Individual zone Chapters may provide additional
parking standards. or departures from these base standards. In cases of conflict. parking
development standards in individual zone Chapters shall supercede. Further reductions
from base parking standards may be allowable per BMC Section 20.48.100.
20.48.060 RESIDENTIAL PARKING DEVELOPMENT STANDARDS.
The following provisions apply to off-street parking spaces for all residential
development:
(a) Surface: Driveways and areas used for loading, parking and maneuvering
motorized vehicles shall have a paved surface.
(b) Gravel Surface Driveway: A gravel surface driveway may be allowed for
a single-family residence for that portion of the driveway that is more than 100 feet from
the lot line where access is provided. Any driveway approved for a gravel surface shall
include a paved apron in front of the garage automobile door entrance extending a
minimum depth of eighteen (18) feet and at least the width of the garage door.
(c) Side Yard Setback: No parking shall be located within the side yard
setback area of the zone unless the side lot line abuts an alley. When abutting an alley,
the side yard setback parking provision is reduced to zero.
(d) Rear Yard Setback: No parking shall be located within the rear yard
setback area of the zone unless the rear lot line abuts an alley. When abutting an alley,
the rear yard setback parking provision is reduced to zero.
(e) Front Yard Setback: No parking shall be located within the front yard
setback area of the zone. except within paved driveways. unless allowed otherwise by
law.
(f) Stall Dimensions:
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(1) Parking stalls for a single-family dwelling shall have a minimum
width of eight (8) feet and depth of eighteen (18) feet.
(2) Parking facilities for two or more dwellings shall comply with the
design standards prescribed in BMC Section 20.48.080. These design standards may be
modified to allow stacked parking spaces for a residential structure containing up to four
(4) dwellings provided the parking spaces comply with setbacks.
(g) Driveways: A driveway may be located within any setback area for a
residential use provided the width is not more than twenty (20) feet, and
(1) The driveway area within yard setbacks is not used in calcula:tingto
satisfy the number of roquirod parking spacesspace requirement ;
(2) Access to a public or private street is provided in accordance with
City street standards; and
(3) The Director may approve exception to the maximum driveway
width when necessary for compliance with Americans with Disabilities Act (ADA)
standards.
(h) Required Parking Spaces: The number of off-street parking spaces shall
be provided in accordance with the use and the following corresponding standards..
except as modified per BMC Section 20.48.050:
Number Minimum Number of
Type of Use: of Bedrooms: Parking Spaces:
(1)ADU See BMC 20.46.010
(2) Single-unit residential All 2.0 per dwelling
(3) Two- unit residential All 2.0 per dwelling
(4) Multi-unit residential 1 or less 1.5 per dwelling
(5) Multi-unit residential 2 1.75 per dwelling
(6) Multi-unit residential 3 or more 2.0 per dwelling
(7) Group Residential Facility, Class I 2.0 plus 1.0 for each bedroom
Group Residential Home beyond the first 4 plus 1.0 for each
Adult Family Home 300 square feet of gross floor area
used for counseling
20.48.080 NON-RESIDENTIAL PARKING DEVELOPMENT
STANDARDS.
The following provisions apply to off-street parking spaces for all non-residential
development and parking lots.
(a) Surface: Driveways and areas used for loading, parking and maneuvering
motorized vehicles shall have a paved surface.
(b) Side and Rear Yard Setbacks: Parking spaces shall be setback a
minimum of five (5) feet from the side and rear lot lines. Setbacks may be reduced to
zero if the following are incorporated into the design of the parking area:
(1) A solid fence or wall is provided; and
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(2) Landscaped islands at least forty-five (45) square feet of area are
provided in a manner that breaks up parking spaces adjacent to the lot line into groups of
not more than six (6) spaces each.
(c) Front Yard Setbacks: Parking spaces shall be setback a minimum of ten
(10) feet from the front lot line.
(d) Parking Setbacks in Structures: When parking is incorporated within a
structure, the parking shall comply with the setbacks of the zone applicable to the
structure.
(e) Setbacks Abutting a Residential Zone: When a parking space abuts a
residentially zoned property, the side and rear yard setbacks shall be at least ten (10) feet
from the abutting residentia110t line. Setbacks may be reduced to five (5) feet if the
following are incorporated into the design of the parking area:
(1) A minimum five (5) foot in height solid fence or wall; and
(2) Sight-obscuring landscaping at least five (5) in height and five (5)
feet wide, which meets the performance standards set forth in Chapter 20.50 BMC.
(f) Stall and Aisle Requirements: Parking facilities for required parking
shall meet the minimum stall and aisle dimensions set forth in Figure 20.48(a).
(g) Modifications to Parking Stall Requirements: The standards set forth in
BMC Section 20.48.080(f) may be modified to allow for a vehicle overhang of up to two
and on-half (2.5) feet provided:
(1) Wheel stops are attached to the ground or pavement if curbs are
not provided;
(2) The vehicle overhang would not extend beyond the lot line or into
front yard setback areas;
(3) Walkways maintain a minimum three (3)-foot wide (four (4) feet
for handicap access routes) unimpeded passage for pedestrian passage beyond the two
and one-half (2.5) foot overhang.
(h) Driveways: The width of non-residential driveways shall be based on the
location, intended usage, and other factors and shall be in accordance with State and City
engineering standards and:
(i) Internal Parking Lot Design: Parking facilities shall incorporate the
following features to provide safe and efficient circulation for vehicles and pedestrians:
(1) Standard traffic control signs and devices to direct traffic;
(2) Signs, crosswalks, raised pedestrian walkways and night lighting to
provide for safe pedestrian movement;
(3) Landscaped islands, raised curbs, and striping to define parking lot
entrances, end of parking aisles and the patterns of internal circulation; and
(4) Overall design coordination and adherence to all applicable design
standards.
U) Landscaping: Landscaping shall be provided in accordance with the
requirements prescribed in Chapter 20.50 BMC.
(k) Lighting: Parking areas shall be lighted for the safety of pedestrians and
vehicle circulation on the site in the following manner:
(1) Lights are hooded or beamed so that there is no undesirable glare
directed onto any adjacent streets or property; and
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(2) Lighting shall be designed adequately to illuminate the parking
area while preventing the direct illumination of adjacent properties.
(1) Signage and Striping: Directional signs and pavement markings shall be
used to control vehicular movement within parking areas and to mark spaces.
(1) The locations of parking spaces shall be clearly indicated by curb
markings, wheel stops, bollards, or other means.
(2) Incidental signs within parking lots shall be limited to two (2)
square feet in size.
(3) No signs other than those indicating entrances, exits, name of the
lot or the establishment to which the lot is accessory, conditions of use, or identification
of disabled parking spaces shall be erected.
(4) Signage for handicap spaces shall comply with the requirements
prescribed in RCW 70.92.120.
(m) Required Parking Spaces: The number of off-street parking spaces shall
be provided in accordance with the use and following corresponding standards except as
modified per BMC Section 20.48.050:
Category of Land Use Minimum Number of Parking Spaces
BUSINESS/ COMMERCIAL:
(1) Barber Shop/ Beauty Salon 1 per 75 sq. ft. gross floor area (g.f.a.)
(2) Bank! Financial 1 per 350 sq. ft. g.f.a.
(3) Laundry (self service) 1 per 4 washing machines, with a
minimum 5 required
(4) Offices 1 per 300 sq. ft. g.f.a
(5) Retail Store less than 1 per 300 sq. ft. g.f.a.
15,000 sq. ft.
(6) Retail Stores 15,000 1 per 250 sq. ft. g.f.a
sq. ft. or larger
(7) Personal Service Shop 1 per 250 sq. ft. g.f.a., with
(tanning, shoe repair, dry a minimum of 2 required
cleaner)
(8) Plumbing, Heating, 1 per 600 sq. ft. g.f.a.
Electrical and Building
Supplies
(9) Convenience Market/ 1 per 250 sq. ft. g.f.a., with a
Food Store (retail)/ minimum of 6 required
Markets & Supermarkets
(10) Shopping Center* 4.0 per l,OOO square feet of leaseable g.f.a
* A shopping center is a contiguous collection of retail businesses under one
ownership or common management located in a building or set of buildings.
EATING/ DRINKING ESTABLISHMENTS:
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(1) Restaurant/ 1 per 150 sq. ft. g.f.a.
Cocktail Loungel Tavern
less than 4,000 sq. ft
(2) Restaurant! 20 plus 1 per 100 sq. ft. g.f.a. greater than
Cocktail Lounge/ Tavern 4,000 sq. ft.
4,000 sq. ft. or greater
ENTERTAINMENT:
(1) Bowling Alley 5 per lane
(2) Clubs, Lodges 1 per 4 fixed seats, plus
1 per 50 sq. ft. gross floor area of assembly area
without fixed seating
(3) Dance Hall 1 per 100 sq. ft. g.f.a.
(4) Pool Hall 1 per 100 sq. ft. g.f.a.
(5) Theater 1 per 4 fixed seats
(6) Video Game Arcade 15 per 1,000 sq. ft. g.f.a.
INDUSTRIAL:
(1) Industrial Establishment! 1 per 600 sq. ft. g.f.a.
Research & development
(2) Mini-warehouse 1 per 3,000 sq. ft. g.f.a., plus
1 loading space per 10,000 sq. ft. g.f.a., plus
1 per 300 sq. ft. g.f.a. for office area
(3) Wholesale Estab1ishment/ 1 per 2,000 sq. ft. g.f.a. up to 20,000 sq. ft., (3 space
Warehouse, Trucking minimum), plus
and Freight Terminal 1 per 2,500 sq. ft. g.f.a. 20,001 to 100,000 sq. ft. (10
space minimum), plus
1 per 3,000 sq. ft. greater than 100,000 sq. ft. (40
spaces minimum)
LODGING:
(1) Bed & Breakfast 1 per guest room plus
1 for the resident household
(2) Hotel 1 per 2 guest rooms, plus
1 per 200 sq. ft. g.f.a. of common areas
(3) Motel 1 per 2 guest rooms, plus
1 per 200 sq. ft. g.f.a. of common area plus
1 for manager
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(4) Travel Trailer Park! 1 per trailer site, plus
Tourist Court 1 per 10 sites located in a secure storage area, plus
1 per 5 sites for guest parking, plus
Other parking for office or community buildings
MEDICAL! DENTAL:
(1) Medical! Dental Office 1 per l50 sq. ft. g.f.a
(2) Hospital/ Medical Centers 1.8 per overnight bed based on state license
(3) Nursing Home/ 1 per 600 sq. ft. of g.f.a.
Health Institution!
Convalescent Home
(4) Veterinarian! 1 per 200 sq. ft. g.f.a.
Animal Hospital
RECREATIONAL:
(1) Health Club/ 10 per 1,000 sq. ft. g.f.a
Figure Salon!
Physical Fitness Center
(2) Parks/ Playground Based on anticipated parking demand
(3) Racquet! Handball 2 per each court
(4) Swimming Facility 5, plus
1 per 75 sq ft. of gross surface water area
PUBLIC:
(1) Library/ 1 per 400 sq. ft. g.f.a.
Museum
(2) Places of Assembly 1 per 4 fixed seats (20 inches of a bench or pew = 1
(arenas, churches, seat), plus
auditoriums, stadiums, 1 per 50 sq. ft. g.f.a. of assembly without seats
sports arenas, etc.)
EDUCATIONAL:
(1) Nursery Schoo1/ Day Care 1 per 5 children, plus
2 loading/ unloading spaces (12 or fewer children
are exempt from the loading/ unloading)
(2) School, Business & Trade 6 per classroom, and/ or
1 per 200 sq. ft. g.f.a of administrative office, and!
or teaching lab or shop
(3) School, College or 2 per 1,000 sq. ft. g.f.a. used for academics, plus
University 1 per each 4 student rooming unit, plus
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Additional space as required for non-academics
(4) School, K through 2 per classroom, plus
9th grade 1 per 200 sq. ft. g.f.a of administrative office
(5) School, 10th through 1 per each 10 students for which building is
12th grade designed, plus
1 per classroom, plus
1 per 200 sq. ft. g.f.a of administrative office
AUTOMOBILE:
(1) Automobile Service 1 per 200 sq. ft. g.f.a., plus
1 per service bay (bay itself is not a space),
with a minimum of 5 required
(2) Motor Vehic1el Vessel 1 per 3,000 square feet of retail indoor or outdoor
Sales Lots sales area in addition to parking requirements for
the building or structure
(3) Motorcycle/ 1 per 400 square feet of g.f.a.
Small Engine Repair
(4) Shops/ stores for sales 1 per 600 sq. ft. g.f.a.
And service of machinery
OTHERS:
(1) Garden Nursery 1 per 400 sq. ft. g.f.a of retail area, plus
1 per 500 sq. ft. g.f.a of building and outside
display area (wholesale)
(2) Marinas & Moorage 1 per 600 sq. ft. of g.f.a.
Facilities
(3) Mortuary/ 1 per 75 sq. ft. of assembly area
Funeral Home
(4) Uncovered Storage Area 1 per 2,000 sq. ft., plus
1 per each vehicle anticipated to be parked
overnight on a regular basis, plus
1 per 300 sq. ft. g.f.a. for office
20.48.100 PARKING REDUCTION.
Modifications to the requirements of this Chapter may be granted for the
following:
(a) Designated Land Use Centers: If a change of use occurs pursuant to
BMC Section 20.48.020(b) on a property within a Center zone designation as
pr0scribedcategorized in BMC 20.40,***@, which results in a significant increase in the
parking demandrequirement, the Director may reduce by up to ten (10) the minimum
number of required parking spaces by up to ten ( 1 0) provided:
(1) Sites containing multiple buildings and! or uses shall have the
reduction applied to the entire site and not to individual uses;
(2) The number of existing off-street parking spaces is not reduced.
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(b) Master Development Zone: Approval of a Master Development zone
pursuant to Chapter 20.80 BMC.
(c) Group Residential Facility Class I, Adult Family Home, and Group
Residential Home: The Director may authorize a reduction in the number of required
parking spaces for a Group Residential Facility-Class I, Adult Family Home, or Group
Residential Home if there is a clear indication that the requirements of this Chapter are
excessive due to such factors as the resident's ability to drive, age, or mental or physical
abilities and disabilities.
(d) Senior Housing Complex: Parking requirements may be reduced for a
Senior Housing Complex approved pursuant to BMC 20.46.090.
(e) Manufactured Home Park Requirements: Parking requirements for a
Manufactured Home Park are prescribed in the approval criteria for a Conditional Use
Permit.
20.48.120 UNLISTED USES.
Land uses not specifically listed in BMC 20.48.060(h) and 20.48.080(n) shall
have their off-street parking requirements determined in the following manner:
(a) A comparison is made of the unlisted use to a listed use and the Director
determines that the parking demand between the two uses is similar; or
(b) If a comparison cannot be made, the Director may determine the number
of required spaces based on anticipated parking demand, which in no case shall be less
than one (1) parking space per five-hundred (500) square feet of gross floor area.
20.48.140 HANDICAP ACCESSIBLE PARKING.
Where parking is provided, accessible parking spaces shall be provided that
complies with the requirements in Chapter 17.04 BMC (City Building Code, IBC Chapter
11). Accessible parking spaces shall be located on the shortest accessible route of travel
from adjacent parking to an accessible building entrance.
20.48.160 LOADING! UNLOADING SPACES.
(a) Standards: Off-street loading spaces shall be provided in accordance with
the following standards for all new non-residential construction or additions having a
floor area greater than one-thousand (1,000) square feet of gross floor area that is
engaged in retail, manufacturing, wholesale or storage activities, but excluding se1f-
service storage facilities; which requires the delivery of merchandise or materials by
trucks:
Total Gross Floor Area Number of Loading Spaces Required
(1) 1,000 to 20,000 square feet 1
(2) 20,000 to 50,000 square feet 2
(3) 50,001 to 100,000 square feet 3
(4) Greater than 100,000 square feet 4
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(b) Standards: Off-street IDading spaces shall be provided in accordance with
the following standards for all new non-residential construction or additions having a
floor area greater than ten-thousand (10,000) square feet of gross floor area that is
engaged in hotel, office, restaurant or similar use in accordance, which requires the
delivery of merchandise or materials by trucks:
Total Gross Floor Area Number of Loading Spaces Required
(1) 10,000 to 50,000 square feet 1
(2) 50,001 to 100,000 square feet 2
(3) Greater than 100,000 square feet 3
(c) Loading! Unload Zone Development Standards:
(1) Design: Off-street loading spaces shall be at least ten (10) feet in
width and have a total area of not less than two-hundred fifty (250) square feet.
(2) Accessibility: With the exception of gates and security fencing,
loading spaces shall be accessible at all times from a street, alley, or driveway and shall
not be obstructed by other loading spaces, trash receptacles, outdoor storage, or other
obstacles.
(3) Obstructions: Loading functions shall not interfere with any
emergency access, fire exit, or required vehicle parking spaces.
(d) Modifications:
(1) If the applicant can demonstrate that deliveries are only made
during nighttime or other hours when customers are not present, the loading function may
be accommodated in combination with required customer/ employee parking.
(2) If the applicant can demonstrate that all deliveries are made by
trucks with a gross weight of 26,000 pounds or less, the number of required loading/
unloading spaces may be reduced by one (1) if a 10ad/ unload zone located within the
public right-of-way fronting the property is approved by the Public Works Department.
20.48.180 OTHER REQUIRED PARKING SPACES.
All non-residential uses and residential developments of six (6) or more dwellings
shall provide parking spaces for the following:
(a) Motorcycle Spaces: Motorcycle spaces shall be provided at one (1) per
twenty-five (25) of the required automobile spaces with at least one (1) motorcycle space
provided.
(1) Automobile parking requirements may be reduced one space for
every three- (3) motorcycle spaces provided up to a maximum five (5) percent of the total
required automobile spaces.
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(2) Each motorcycle space shall be no smaller than four (4) feet in
width and eight (8) feet in depth.
(3) Motorcycle spaces shall be located according to the same criteria
and standards that are applicable to automobile parking spaces.
(4) The Director may exempt those non-residential uses that would not
normally have motorcycle-riding clientele (such as warclIDuses., stoJ:age facilities,
automobile services, etc) from motorcycle parking requirements.
(b) Bicycle Facilities: Bicycle parking spaces shall be provided at ten (10)
percent of the required automobile spaces.
(1) The minimum number of required bicycle spaces for schools of all
types except higher education institutions shall be calculated at the rate of one (1) space
per twenty (20) students, based on the facility's designed capacity.
(2) Video game and similar amusement centers commonly frequented
by children and/or teenagers shall provide bicycle facilities equal to one-third the
required numbers of automobile parking spaces.
(3) The Director may exempt those non-residential uses that would not
normally have bicycle-riding clientele (such as self-service businesses, automobile
services, gas stations, etc) from the bicycle parking requirements.
(4) Bicycle facilities shall be firmly attached to the ground, located
near the building entrance, and designed to allow both the frame and wheels to be
secure1 y locked to the structure.
20.48.200 RENT OF RESIDENTIAL PARKING.
(a) The rental, lease or other use of parking spaces for commercial parking
purposes within a residential zone is prohibited.
(b) The rental, lease or other use of parking spaces associated with a
residential use for commercial parking, whether they are required spaces or not, is
prohibited.
20.48.220 SATELLITE PARKING.
Off-street parking requirements may be partially or completely satisfied with the
approval of a Satellite Parking Facility. A Satellite Parking Facility is approved by Site
Plan Review as prescribed in BMC Section 20.58.080. A Satellite Parking Facility may
be approved provided:
(a) The parking facility is located within four-hundred (400) feet of the
property containing the associated use or building;
(b) The parking facility is not located on property zoned for Low Density
Residential. The Director may waive the zone restriction for a Religious Worship
Facility or Public School if:
(1) The parking facility is located on a lot abutting the principal use; or
(2) The parking facility is located within one-hundred (100) feet on a
lot where a street (public or private) or alley would separate it from the principal use.
(c) The owner of the property containing the Satellite Parking Facility
executes a binding agreement approved by the City. The agreement shall include
covenants running with the land to ensure that conditions are observed and remain in
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effect until there is a substantial change to the original conditions that made the satellite
parking necessary. The agreement at a minimum shall contain:
(1) A covenant stating that the title to and right to use the satellite lot
will be subservient to the title to the premises upon which the primary structure or
improvement is to be erected or made; and
(2) A warrant that lots are not and will not be made subject to any
other covenant or contract for such or other use without the prior written approval of the
City.
(d) The owner of the property or an authorized agent shall file the agreement
with the County Auditor following City approval. A copy of the recorded agreement
shall be submitted to the Department and kept on file.
(e) The Satellite Parking Facility shall meet the requirements of this Chapter.
(f) A limit on the time of day that the Satellite Parking Facility is used may be
placed as a condition of its approval if deemed necessary by the Director for the
protection of adjoining areas.
20.48.240 JOINT USE OF PARKING FACILITIES.
Joint Use Parking Facilities provide for the sharing of parking facilities between
different uses. A Joint Use Parking Facility requires approval of a Conditional Use
Permit pursuant to BMC Section 20.58.020. A Conditional Use Permit may be granted
under the following conditions:
(a) Up to fifty (50) percent of the required parking for a theater, auditorium,
bowling alley, or dance hall may be supplied by the off-street parking provided by certain
types of uses referred to as "daytime" uses in Subsection (d) below.
(b) Up to fifty (50) percent of the required parking for uses specified as
"daytime" uses in Subsection (d) below may be supplied by the parking facilities
provided by uses referred to as "nighttime" uses in Subsection (e) below.
(c) Up to seventy (70) percent of the required parking for a religious worship
facility or auditorium incidental to a public or private school may be supplied by the off-
street parking facilities provided by uses referred to as "daytime" uses in Subsection (d)
below.
(d) The following uses are considered as primary "daytime" uses:
(1) Bank;
(2) Offices;
(3) Personal Service Shop;
(4) Wholesale Businesses;
(5) Uses similar to the above that normally or traditionally operate
only during daytime hours.
(e) The following uses are considered as primary "nighttime" or Sunday uses:
(1) Auditorium incidental to a public or private school;
(2) Civic and Commercial Theaters;
(3) Bowling Alley;
(4) Dance Hall;
(5) Religious Worship Facilities;
(6) Uses similar to the above that normally or traditionally operate
primarily during evening hours or on Sunday.
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(f) The following conditions apply as a requisite for approving a joint use of
parking facilities:
(1) The principal building or use shall be located within a radius of
eight-hundred (800) feet of the joint parking facilities.
(2) The principal building or use shall not be separated from its
parking by an arterial street unless it is within one block of a signalized intersection.
(3) The applicant shall demonstrate there will be no substantial
conflict between the two uses regarding hours of operation for which joint use of parking
facilities is proposed.
(4) A properly drawn legal instrument, approved by the City Attorney
and executed by affected parties to set forth clearly the terms of the parking agreement,
shall be recorded with the County Auditor. A copy of the recorded agreement shall be
submitted to the Department.
(5) The right to occupy the primary premises shall terminate if the
joint use parking facilities that are necessary and were approved cease to be available.
20.48.260 DRIVE-THROUGH STACKING REQUIREMENTS.
Any land use containing drive-through services or drive-through service bays
shall provide "stacking spaces" in accordance with the following:
(a) Designed to accommodate vehicles awaiting service and prevent them
from extending into a public right-of-way;
(b) A minimum of four (4) stacking spaces shall be provided for each lane on
the entrance side and one (1) space on the exit side;
(c) Service bays and drive-through lanes shall not be designed to be entered
from both sides;
(d) Circulation and stacking areas shall not be counted toward the required
off-street parking spaces; and
(e) Stacking requirements shall not apply to auto service facilities such as gas
stations, service stations, and auto repair garages, unless found to be necessary to prevent
extending into a public right-of-way.
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CHAPTER 20.50
LANDSCAPING ST },.NDL',.RDSREOUIREMENTS
SECTIONS:
20.50.010 Intent
2D...5D.D2D Applicability
20.50.030 Exceptions
20.50.040 General Provisions
20.50.050 Performance Standards
20.50.060 Landscaping Plan Submittal
20.50.010 INTENT.
The intent of this chapter is to establish landscaping standards that contribute to a
quality urban environment by connecting open spaces, maintaining native, drought
resistant vegetation, replacing non-native and invasive species, increasing privacy for
residential areas, providing visual relief of parking lots, providing habitat for fish and
wildlife, retaining significant trees, and reducing erosion and storm water runoff while
providing on-site filtration to protect groundwater resources from pollutants and flooding.
20.50.020 APPLICABILITY.
All new development, including expansion of existing structures and/or uses,
except single-family residential building permits on individual lots, shall be subject to the
requirements of this chapter.
20.50.030 EXCEPTIONS.
(a) Landscaping standards do not apply to residential developments of sing1e-
family units on individua110ts, except that all undeveloped areas of the property shall be
landscaped and continually maintained or retained in a natural undisturbed state;
(b) The Director may waive or reduce any requirement(s) of this chapter
Hftdefin the following conditions:cases:
(1) The remodel of an existing building results in the expansion of
floor area that is -Wten percent ( 1 0%) or less of the existing floor area;
(2) An expansion of a use that results in no modifications (except
normal maintenance and repair of the structure) to the outdoor area of the site;
(3) The Director may reduce landscaping requirements in order toTo
accommodate required off-street parking spaces.
20.50.040 GENERAL PROVISIONS.
(a) Front Yards: All front yard setback areas shall be landscaped pursuant to
the Performance Standards per sectionBMC Section 20.50.050 of this chapter;
(b) Street Trees: Street trees shall be planted along public and private streets,
per Performance Standards in BMC 20.50.050(a) unless more stringently required by the
underlying zone. Trees shall be located within the front yard setback area. 1\..S an
alternative, the trees may be located ......QLwithin a public right-of-way if approved by the
City and the property owner arranges the planting and maintenance of said street trees;
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(c) Residential Screening: When any non-residential development is
proposed on a site that abuts the Low Density Residential (R -10) zone, or when a three-
or-more dwelling multi-family residential development is proposed on a site that abuts
the Low Density Residential zone, landscaping and screening shall be included
eyprovided according to the Performance Standards in BMC Section 25.50.050(b);
(d) Areas Adjacent to Trails and Open Spaces: All developments adjacent
to publicly used or desingateddesignated trails and open spaces in the Comprehensive
Plan shall provide landscaping screening along the site facing the trail or open space per
the Performance Standards outlined in BMC Section 20.50.050;
(e) Undeveloped Areas: Undeveloped portions of property not devoted to
landscaping shall be planted, groundground covered, or remain with existing vegetation,
including significant trees as provided for in BMC Section 20.50.050(c) but excluding
plants that can be classified as noxious weeds or as invasive sepcies;species:
(f) Required Plants: New plant materials shall include native species or
nonnative species that have adapted to the climatic conditions of the coastal region of the
Puget Sound Region. The Department of Community Development maintains a list of
approved plant materials recommended for use within areas in the City of Bremerton.
Additional plants may be added to this list as deemed appropriate by the City.
Performance standards for required plants are found in BMC Section 20.50.050(d);
(g) Alternative Landscaping Plan: The requirements of this chapter may be
modified to encourage better landscaping design as follows:
(1) A request for approval of alternate landscaping shall be submitted
and accompanied by a Landscape Plan as required above;
(2) An alternative landscaping plan may be approved provided a
finding by the City of public benefit and that the total area of landscaping shall be equal
to or exceed that created by adherence to the standard landscaping and buffer
requirements;
(h) Guarantee: All landscaping shall be completed prior to the issuance of a
certificate of occupancy (CO). Landscaping may not alv/ays be completely), except that
in place at the time a CO is sought from the City. In lieu of installing required
landscaping, a performance assurance device may be provided prior to the issuance of a
CO. The purpose of such a requirement is to ensure that a landscape plan is carried out
when required by this chapter. The following conditions apply:
(1) A bond or other acceptable assurance device shall be in the amount
of 125% of the estimated cost required to complete the approved landscaping, in order to
guarantee its installation and the replacement of any plants that die within two (2) years
of the posting of the bond;
(2) If a performance assurance device is provided, landscaping shall be
installed within the next planting season and no later than one (1} year from the date of
issuance of a CO. If the approved landscape plan is not carried out, the City shall use the
performance assurance device to complete the landscaping;
(3) A performance assurance device will be released two (2) years
after it is posted if the landscaping vegetation is in a healthy growing condition;
(i) Maintenance Required: All plant material shall be maintained as
designed and approved. Maintenance standards and assurances must be provided in the
landscape plan as described BMC Section 20.50.~60.
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20.50.050 PERFORMANCE STANDARDS.
Required landscaping shall be provided in the following manner:
(a) Street Trees: One tree for every twenty-five (25) linear feet of street
frontage, and shall be spaced a maximum distance of thirty-five (35) feet on center,
however, trees may be spaced irregularly in natural groupings rather than uniformly
spaced except as noted elsewhere in this chapter;
(b) Screening Requirements:
(1) Landscaping (organic and inorganic) forming a year-round sight
barrier a minimum of five (5) feet in height in a landscaped area at least ten (10) feet
wide; or
(2) A fence or wall, and/or berm, or combination, no less than five (5)
feet high plus shrubs and trees in an area at least five (5) feet wide;
(i) Landscaping forming a year round sight barrier in an area
at least ten (10) feet wide and a minimum of five (5) feet in height; or
(ii) }... fence or 'l/all, and/or berm or combination, no less than
fi'/e (5) feot high plus shrubs and trees a minimum of five (5) feet in height in un area at
least fiye (5) feet wide;
(c) Significant Trees: Existing healthy trees located within required
landscape areas and undeveloped areas and which will not constitute a safety hazard shall
be preserved ~follows:
(1) Evergreen trees: Eight (8) inches in diameter or greater, measured
four (4) feet above existing grade; and
(2) Deciduous trees: Twelve (12) inches in diameter or greater,
measured four (4) feet above existing grade;
(d) Planting Materials: Plants shall be selected based upon site-specific
conditions which may affect plant growth such as sun exposure, soil types, shoreline
conditions, adjacent site improvements, etc. New plant materials shall consist of drought
resistant species, or other species that are irrigated per the provisions of BMC Section
20.50. 120( d) of this chapter or located in high moisture content soils. Plant material
selection shall be consistent with the list of approved plant materials recommended for
use within areas in the City of Bremerton per BMC section 20.50.040(f) of this chapter.
Plant materials shall also be coordinated with utility company requirements to avoid
conflicts;
(e) Deciduous Species Requirement: Landscaped areas and required
screening shall consist of no more than fifty percent (50%) deciduous species.
(f) Areas Adjacent to Trails and Open Spaces: All developments adjacent
to publicly used or desingated trails and open spaces in the Comprehensive Plan shall
provide one tree per fifty (501 linear feet of the property facing such trails and open
spaces in addition to the General Provisions ofBMC Section 20.50.040(d);
(g) Interruptions: Screening and buffering may be interrupted where
necessary for access consistent with the general provisions of this chapter;
(h) Safety: All fire hydrants are to be free of fences, hedges, and other
landscaping obstacles. Shrubs eighteen (18) inches in height and less must not be placed
closer than five (5) feet to a hydrant, and shrubs or trees larger than eighteen (18) inches
must not be planted closer than twenty (20) feet to a hydrant;
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(i) Freestanding Signs: An area around the base of each freestanding sign
equal to the sign area must be landscaped to improve the overall appearance of the sign
and to reduce the risk of automobiles hitting the sign or supports of the sign. This
landscaping must include vegetation and may include other materials and components
such as brick or concrete bases, planter boxes, pole covers, or decorative framing;
(j) Outdoor Sb>>-..age.: In41dilitioo to4llY other requirements, storage yards
and garbage dumpsters shall be surrounded by a six (6) foot high solid wall or sight
obscuring fence. The wall or fence shall be considered a structure and shall conform to
setbacks which may be required for building on street frontage. Outdoor storage of
materials shall not exceed six (6) feet in height when visible from a public right-of-way;
(k) Parking Lots: Parking lots shall comply with all of the landscaping
requirements for non-residential uses. In addition the following standards shall apply:
(1) Parking lot setback areas shall be landscaped with trees, shrubs,
ground covers, turf grasses, or combinations thereof. Non-living materials shall not
exceed twenty ~percent (20%) of the landscaped area at maturity;
(2) Parking lots shall have at least ten (;m lID square feet of interior
landscaping for each parking space. Required peripheral trees and required landscaped
setback areas shall not be included in the interior landscaping calculations;
(3) Interior landscaping shall be dispersed as equally as possible
throughout the parking lot;
(4) Each separate landscaped area shall be a minimum of fifty (50)
square feet and shall include at least one tree in combination with shrubs, ground cover or
other landscaping materials;
(5) Bio:swales and permeable pedestrian aeees-s-access ways through
parking lots, connecting landscaped areas, are encouraged and are included in the
calculation of required landscaping square footage;
(6) Lots larger than thirty (302 spaces, are exempt from internal
landscaping requirements if:
(i) theyThey have only a single aisle with parking spaces on
one or both sides;
(ii) theyThey have at least a five- illfoot width of landscaping
across the frontage and along at least one other property line; and
(iii) theThe lot has no internal parking islands or peninsulas;
(7) Trees shall be provided along any property line abutting a
residential zone at a minimum rate of one .Qltree per each fifty (50) linear feet except
along property lines abutting an alley or already occupied by a building or other structure;
(8) If not necessary for visual buffering or if other trees are on or near
the property line, trees may be irregularly spaced or grouped rather than uniformly spaced
on the property line;
(9) Whenever possible, mature healthy trees, as defined in BMC
Section 20.50.040( e) already existing on the site shall be preserved. Credit may be given
by the Director at the time of Site Plan Review for the preservation of such a tree in
exchange for the loss of a parking space;
(1) Clear Vision Triangle: A clear-vision area shall be maintained at the
intersections of streets, alleys and commercial driveways, or combinations thereof as
determined by the City Engineer with the following requirements:
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""---"'-
(1) A clear-vision area shall contain no plantings, fences, walls, other
structures, or visual obstructions within a vertical area extending from three (3) feet to
eight (8) feet above the ground, measured from the established centerline of the street,
alley or driveway;
(2) The foregoing provision shall not apply to:
(i) A tree trimmed to the trunk within the 3-8 ft. clear area;
(ii) Other plant species that are so planted and trimmed as to
leave a clear and unobstructed cross-view in all seasons;
(iii) A supporting member or appurtenance to a permanent
building lawfully existing on the site.
20.50.120060 LANDSCAPING PLAN SUBMITTAL.
A landscape plan shall accompany all land use applications, including permits for
clearing, grading, and building.
(a) A landscape plan shall be drawn to scale and shall indicate:
(1) Project name, owner's name, designer's name, north arrow, date
and scale;
(2) Existing property lines, easement, rights-of-way, utilities, setbacks,
trees, fences, and other screening and structures;
(3) Existing and proposed grades of at least five-illfoot intervals;
(4) Proposed plantings, identified by common name, and caliper, size,
and minimum height of specimens to be planted (see approved planting list bolo'.v);
(b) A landscape plan shall provide assurances for the following:
(1) Landscape areas consisting of drought resistant vegetation will not
require temporary or permanent irrigation systems;
(2) Areas where existing site conditions assure adequate soil moisture
for growth within the required landscape area shall have temporary irrigation systems
only as required to sustain new plantings;
(3) Except for areas of undisturbed existing vegetation, all landscape
areas that do not have high soil moisture conditions shall have temporary or permanent
irrigation systems. Temporary systems may be removed after twenty-four (24} months or
two growing seasons, whichever occurs first; provided, that the plantings are established;
(4) Permanent irrigation systems located within required landscape
areas should shall include the following features:
(i) Moisture or precipitation sensors;-aae:
(ii) Automatic timers set for operation to assure adequate
moisture levels; and
(iii) Head-to-head spacing, if sprinkler heads are proposed;-aae:
(iv) Pressure regulating devices;-aae:
(v) Backflow prevention devices;-aae:
(vi) Separate irrigation zones for grass and planting beds; and
(vii) Other provisions applicable to state and city codes;
(5) Irrigation water shall be applied with demonstrated consideration
for avoiding runoff, low head drainage, overspray, or other similar conditions where
water flows onto adjaent property, nonirrigated areas, and impervious surfaces;
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(6) All landscaping shall be maintained in healthy growing condition
for the life of the project;
(7) All plant material shall be managed by pruning so that plant
growth does not conflict with public utilities, restrict pedestrian or vehicular access, or
create a traffic hazard.
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CHAPTER 20.52
SIGN REQUIREMENTSSTANDARDS
SECTIONS:
20.52.010 Intent
20.52:020 Applicability
20.52.030 Sign Permit
20.52.040 Exempt Signs
20.52.050 Prohibited Signs
20.52.060 Sign Measurement
20.52.070 Sign Placement Requirements
20.52.080 Temporary Signs
20.52.085 Political Signs
20.52.090 General Sign Regulations
20.52.100 Commercial District Sign Regulations
20.52.110 Auto Dealership Sign Regulations
20.52.120 Residential District Sign Regulations
20.52.l30 Special Purpose Sign Regulations
20.52.140 Downtown and Centers Sign Regulations
20.52.150 Variations to Sign Regulations
20.52.160 Downtown Zone Sandwich Board Signs
20.52.170 Sandwich Board and Portable Signs All Zones
20.52.180 Nonconforming Signs
20.52.190 Government Acquisition of Property for Rights-of-Way
20.52.200 Removal of Signs
20.52.010 INTENT.
The intent of the Sign Requirements Chapter is to recognize the importance of
signs in the community and establish regulations to protect the public from damage or
injury caused by or attributable to distractions and obstructions caused by poorly
designed or improperly located signs. These regulations are also intended, in part, to
stabilize or enhance the overall appearance of the community, and to protect property
values. This Chapter is intended to regulate the number, size, placement and physical
characteristics of signs and sign structures. These regulations are not intended to, and do
not restrict limit or control the content of any sign message.
20.52.020 APPLICABILITY.
These regulations shall apply in all zoning districts and may be subject to
additional requirements of certain districts, or to State regulations. In cases of conflict,
the most stringent requirement shall prevail.
20.52.030 SIGN PERMIT.
(a) Permit Required: No sign shall be placed, erected, or displayed without
first obtaining a sign permit unless exempt under BMC Section 20.52.040.
(b) Removal of Nonconforming Signs: A property containing a
nonconforming sign shall not be allowed a new or additional sign on the property until
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the nonconforming sign is removed or brought into conformance with the requirements of
this Chapter and the underlying zone.
(c) Permit Application: An application for a sign permit shall include the
following:
(1) Signature of the property owner or their designated agent;
(2) Site plan drawn to scale showing existing buildings, streets, free-
standing and building signs, utility poles, and other structures within fifty (50) feet of the
proposed sign;
(3) E1evation.drawings of the structural details of the proposed sign
including dimensions, height, illumination methods and structure supports; and
(4) Landscaping plan showing planting materials and patterns.
20.52.040 EXEMPT SIGNS.
The following signs are exempt from the provisions of this section, but may be
subject to other provisions of the Zoning Code or Building Code:
(a) Traffic signs, signals, and other traffic control devices erected by the City
or other public authority.
(b) Public notices pertaining to public health or safety issues, or for
notification of legal or legislative action erected by the City or other public authority, of a
temporary nature.
(c) Permanent plaques, cornerstones, nameplates, and other building
identification marking attached to or carved into the building materials and which are
integral parts of the structure.
(d) Signs within buildings provided they do not include moving, flashing or
animated signs that are visible from any private or public roadway, or from adjacent
properties.
(e) Legal nonconforming signs.
(t) Incidental signs intended for public information or convenience and which
consist of no more than ten (10) square feet for a combination of such signs. These may
include restroom signs, hours of operation signs, address numbers, help wanted, credit
card signs, and similar.
(g) The American Flag, State of Washington flag, and other political or
special purpose flags, that are not intended to contribute to a commercial advertising
display.
(h) Wall graphics of an artistic nature and that do not conform to the
definition of "sign".
(i) Public Information / Identification approved through a Conditional Use
permit process pursuant to BMC Section 20.58.020.
U) Real estate signs for sale of single-family dwelling units.
(k) Temporary construction and on-site real estate development marketing
signs provided they are removed prior to occupancy approval of the building.
(1) Political signs meeting the provisions in BMC Section 20.52.090.
20.52.050 PROHIBITED SIGNS.
The following signs are prohibited within the city limits of Bremerton and shall
be subject to removal through amortization or other means:
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(a) Strobe lights or any other flashing, moving or animated features that is--are
visible beyond any property line. Reader~board or message center signs that change copy
no more frequently than two (2) second intervals, and time/temperature signs are exempt
from this provision.
_(b) Signs placed or painted on any motor '/ehicle or trailer v/hich is not
routinely used to transport or provide the goods.or services being advertised;
(c) Pole Signs in all zones except the Freeway Corridor (FC) Zone and the
Industrial (I) Zone.
(~) Private signs placed within a public right-of-way; except a Projecting
Sign, '.:vhich projects into the right of way, may be permitted over a sidewalk if a
clearance of at least eight (8) feet is maintained between the sidewalk and the bottom of
the sign.
(64) Any sign that is determined by the City Engineer to be a hazard to public
safety due to its design, materials, physical condition, or placement.
(~ Signs painted, attached to, or otherwise supported by rock formations,
utility poles, trees or other plant materials;
(gf) Bench signs, when installed within the public right-of-way. When on
private property, the size of a bench sign will be counted toward the total allowable sign
area.
(fig) Portable signs within the public right-of-way except sandwich board signs
per BMC Section 20.52.140;
(in) Off-premises signs-;- including billboards:
CD Billboards
(ki) Product signs, other than those at a franchise business identifying the
franchise product.
20.52.060 SIGN MEASUREMENTS
(a) The area of sign faces shall be measured as the area bounded by any 6
straight lines intersecting at right angles, and shall include any surrounding frames or
cabinet edges.
(b) Sign area does not include supports, foundations or structures that are not
part of the sign.
(c) Only one side of a double-faced sign is counted in the sign's total area.
(d) Multiple copy signs or shopping center signs consisting of several
individual signs on the same support structures are calculated as the total of all individual
sign components.
(e) A round or cylindrical sign is calculated as the maximum area that can be
seen at one time from one position, or fifty (50) percent of the total area, whichever is
greater;
(f) The height of a sign is measured from grade as defined, to the highest
point of the sign or its structure, whichever is higher.
(g) Sign clearances are measured from grade directly below the sign to the
bottom of the sign or sign frame.
(h) Street corner signs (at an intersection) shall be assigned to one of the
frontages by the applicant and shall conform to the requirements of that frontage only;
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(i) Portable signs shall be calculated as part of the total free-standing sign
area available to the site.
20.52.070 SIGN PLACEMENT REQUIREMENTS.
(a) All signs, including supporting structures, shall be erected or placed totally
within the boundaries of the site and not within any public right-of-way, except for the
following:
(1) Public authority and other traffic related signs;
(2) Temporary banner signs advertising a public event, which meet
City approval;
(3) Approved signs overhanging public walkways; and
(4) Approved sandwich board signs per BMC Sections 20.50.Q6Q160
and 20.50.170.
(b) A vision clearance setback shall be maintained of at least fifteen (15) feet
from the edge of all private and public roadways, alleys and driveway intersections.
(c) A vision clearance setback shall be maintained of at least ten (10) feet
from the edge of existing or planned roadways. Signs may be allowed within the clear
vision setback if:
(1) A Pole Signpole sign is allowed by the zone;
(2) The top of the sign is three (3) feet or less above the grade, or
(3) The bottom of the sign is eight (8) feet or greater above the grade.
(4) The posts and support structure have a diameter no greater than
twelve (12) inches within this area.
(d) A pedestrian clearance is required for any projecting sign (8) feet above
grade or sidewalk as measured to the bottom of the sign.
(e) A projecting sign may extend over a public right-of-way or public
pedestrian walkway up to six (6) feet past the property line, but in no case shall the sign
extend over a street or other area used by motor vehicles.
(f) The setbacks for freestanding signs may be reduced to zero provided the
sign complies with the vision clearance requirements.
(g) Free-standing signs shall not extend beyond property lines.
20.52.080 TEMPORARY SIGNS.
All temporary signs are subject to the placement, size, and height requirements of
this Chapter, and the requirements set forth in the underlying zone. Additionally, the
following requirements shall apply:
(a) The sign area of individual temporary signs shall not exceed thirty-two
(32) square feet; except a banner may be permitted with a sign area of up to one-hundred
(100) square feet.
(b) The maximum height of a temporary sign is six (6) feet, except a banner
may be allowed a maximum height of twenty (20) feet.
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(c) Signs may be displayed for a period not to exceed sixty (60) days. Any
time a temporary sign is removed by a business, it shall not be replaced by the same or
other temporary sign for a period of not less than ninety (90) consecutive days.
(d) Temporary signs meeting the following standards are exempt from the
requirements of BMC Sections 20.52.030, and 20.52.090 through 20.52.140:
(1) The sign is displayed f{)f 41 period of seven (7) days or less;
(2) The area of the sign is twenty-four (24) square feet or less; and
(3) The height of the sign is six (6) feet or less.
(e) Temporary signs shall not be permanently attached to the ground, a
building, or to any other structure, other than what is necessary to secure it to prevent
theft, wind damage or safety problems.
(f) Advertising wind signs or devices that flutter, wave, sparkle, or otherwise
move from the pressure of the wind are permitted for specific promotions or events
afttlbut shall not be permanently displayed.
20.52.085 POLITICAL SIGNS.
Political signs identify candidates or issues in upcoming elections and! or they
may express noncommercial speech such as religious, political, social, or other
philosophical messages. The content of such signs are not regulated, but are subject to
the following requirements:
(a) The sign area of political signs shall not exceed thirty-two (32) square
feet.
(b) The maximum height of a political sign shall be six (6) feet.
(c) Political signs advertising a candidate or issue in an upcoming election
shall be removed within fourteen (14) days after the general election.
(d) Political signs that do not comply with the requirements of this Section
shall be subject to the permit requirements, sign area, setback and other provisions of this
Chapter.
20.52.090 GENERAL SIGN REGULATIONS.
The following regulations apply to signs in all zone districts.
(a) Vision Clearance. Signs shall conform to the clearance requirements of
BMC Section 20.52.060.
(b) Extension Above above Rooftop. No sign that is attached to a building
shall extend above the highest point of the roof.
(c) Window Signs. Signs placed on the inside of windows and directed
toward the outside of a building shall be included in the total sign area calculations.
(d) Canopies and Awnings. Signs placed on projecting canopies and awnings,
whether lighted or not, shall be calculated only for the area of the canopy or awning taken
up by the sign itself.
(e) Landscaping. All freestanding signs shall have a landscaped island at the
base of the sign equal to, or greater than the sign area.
20.52.100 COMMERCIAL DISTRICTS SIGN REGULATIONS.
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The following standards shall apply to signs placed on property zoned
commercial:.;.
(a) Freestanding Sigfts-signs:
(1) Sign Area: Freestanding signs may have an aggregated area that
shall not te-exceed one (1) square foot of area per each lineal foot of street frontage
subject to the following:
(i) Narrow Parcel: Any parcel having less than fifty (50) lineal
feet of street frontage may have one (1) freestanding sign not to exceed fifty (50) square
feet.
(ii) Wide Parcel: Any parcel having more than fifty (50) lineal
feet of street frontage may have multiple freestanding signs provided no single
freestanding sign exceeds an area of one-hundred (100) square feet.
(2) Spacing: Freestanding signs located on the same parcel or site shall
have a separation of at least fifty (50) feet. Additionally, a twenty-five (25) foot setback
is required from adjacent property lines, except this may be modified by the Director
where such factors as the width of the lot or the driveway access makes compliance
impossible.
(3) Maximum Height & Design: Freestanding signs shall comply with
the height and design requirements set forth in Figure 20.52(Ag).
(b) Building Signs:
(1) Commercial Uses: The building sign standards shall be in
accordance with the following:
(i) Sign Area: Signs attached to a building may have an
aggregated area that shall not exceed two (2) square feet for each one (1) lineal foot of
building fa<;ade width.
(ii) Maximum Sign Size: ,'\ttached individually A building
~sign attached individually shall not exceed one-hundred (100) square feet in area,
except it may exceed the maximum if the total sign area is less than ten (10) percent of
the total building fa<;ade area.
(2) Industrial Uses: The building sign standards for industrial uses and
other uses not engaged in the sale of goods or services to the public shall be in
accordance with the following:
(i) Sign Area: The maximum aggregated area for all building
signs attached to a single building shall be one-hundred (100) square feet.
(3) Number of Signs: There is no limit to the number of individual
building signs provided the maximum aggregated sign area is maintained. not exceeded.
(4) Illumination: Signs may be illuminated directly, indirectly, or
internally, provided the lighting is directed away from any residences or other ~
sensitive land uses, and away from on-coming traffic.
(c) Shopping Center or Professional Complex: A shopping center,
professional office complex, or similar large multiple occupancy development may have
an identification sign to a maximum size of three-hundred (300) square feet, placed along
one or more street frontages that are longer than three-hundred (300) feet each, provided
the sign is no closer than one-hundred (100) feet from an adjacent property on the same
side of the street and no other free-standing signs larger than fifty (50) square feet are
placed on the subiect property.
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20.52.110 AUTO DEALERSHIP SIGN REGULATIONS.
This Section applies within the Freeway Commercial zone designation.
(a) No provisions under this Section shall be interpreted to preclude other
provisions of this Chapter that are applicable to a given property or proposal.
(b) In addition to the other standards prescribed in this Chapter, a dealership
group may erect one (1) Automobile Dealership District Sign subject to the following
requirements:
(1) A dealership group is two (2) or more franchises under common
ownership;
(2) The Automobile Dealership District Sign shall be limited to
identifying the dealership group and the brands of vehicles sold in the group;
(3) The total area of the sign shall not exceed fifty (50) square feet for
each dealer franchise in the group (example: a dealership group with two dealer
franchises would be allowed an Automobile Dealership District Sign of up to one-
hundred (100) square feet);
(4) The maximum total sign area in no case shall exceed one-hundred
fifty (150) square feet if the sign is a pole sign, or two-hundred (200) square feet if it is a
monument sign;
(5) The square footage of the sign shall be deducted from the total
aggregated signage allotted to the parcel on which the sign is placed;
(6) The sign shallcan only front on a City arterial street;
(7) A master signage plan is required to be submitted prior to issuance
of the sign permit showing the location and area of all sign age of all the dealerships
within the dealership group.
20.52.120 RESIDENTIAL DISTRICT SIGN REGULATIONS.
The following regulations apply to properties Wftetiin residential':" zones.
(a) Free Standings tanding Signs:
(1) Entrance Signs: One (1) freestanding sign may be permitted at
each street entrance to a neighborhood, subdivision, manufactured park,
apartment/condominium complex, or other homogeneous residential area provided:
(i) The sign specifically identifies the development only;
(ii) The sign area is fifty (50) square feet or less.
(2) Multiple Family Developments: A residential development having
four (4) or more dwelling units may have one (1) permanent freestanding sign per street
frontage provided the total sign area does not exceed four (4) square feet.
(3) Individual Properties: Each residential property may have one (1)
freestanding permanent sign that shall not exceed four (1two (2) square feet in sign area;
(4) Height: Freestanding signs shall have a maximum height of six (6)
feet as measured from grade directly below the sign to the highest point on the sign or its
support structure.
(b) Building Signs.
(1) The freestanding sign limitationlimitations prescribed in BMC
Sections 20.52.120 (a)(I) through (3) may be applied to building signs in lieu of
freestanding signs.
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(c) Resident name plaques and address numbers shall not be included in total
sign area calculations, but shall be limited to a size that is in and character 'Nith the
architecture of the building and with other such signs in the immediate neighborhood.
(d) Advertising wind signs or devices that flutter, wave, revolve, or sparkle, or
are otherwise moved by the wind are prohibited.
20.52.130 SPECIAL PURPOSE SIGN REGULATIONS.
Special Purposepurpose signs shall comply with the requirements for the
commercial zone as prescribed in BMC Section 20.52.100. In addition, the following
shall apply: rcquircments:
(a) Freestanding Signs:
(1) Sign Area: The maximum area of a freestanding sign shall be
limited to fifty (50) square feet.
(2) Number of Signs: Only one (1) freestanding sign allowed per each
street frontage.
(3) Height: The height of a freestanding sign shall not exceed six (6)
feet.
(b) Building Signs:
(1) Sign Area: The aggregate area of all building signs, projecting
signs, and other signs attached to buildings shall not exceed one-hundred (100) square
feet.
(2) Number of Signs: There is no limit to the number of individual
building signs provided the maximum aggregated sign area is maintained.:.
(c) lllumination: When located within -a-the Low Density Residential zone,
the sign shall not be illuminated between the hours of 10:00 PM and 7:00 AM.
20.52.140 DOWNTOWN AND CENTERS SIGN REGULATIONS.
The following standards shall apply to signs in the Downtovlll zoncs: Downtown
Core (DC), Downtown Waterfront (DW), Business Core (BC), and in the Center zones:
Neighborhood Center Core (NCC), District Center Core (DCC), and Employment Center
(EC).
(a) Free Standingstanding Signs.
(1) Sign Area: The requirements prescribed in BMC Section
20.52.100(a)(1) shall apply, except wide parcels shall be limited to only one (1)
freestanding sign not to exceed one-hundred (100) square feet.
(2) Spacing. Freestanding signs shall be no closer than twenty-five
(25) feet from adjacent properties, except this may be modified by the Director where
such factors as the width of the lot or the driveway access makes compliance impossible
(3) Maximum Height and Design: Freestanding signs shall comply
with the height and design requirements set forth in Figure 20.52(Ag).
(b) Building Signs: The requirements prescribed in BMC Section
20.52.1 OO(b) shall apply.
(c) Moving, flashing, or animated signs are prohibited in downtown and
centers zones.
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20.52.150 VARIATIONS TO SIGN REGULATIONS.
(a) The Director shall have the authority to grant administrative approval for
minor adjustments to sign heights, numbers of signs, sign placement, and sign size,
provided:
(1) The adjustments do not exceed ten (10) percent of the basic
requirement, and;
(2) The adjustment is based on a hardship or problem with the site,
existing building placements, or poor site visibility, and not based on economic factors or
personal design preference.
(b) A request for adjustments beyond ten fH)j--percent (10%) shall be
processed as a Variance pursuant to BMC Section 20.58.030.
20.52.160 DOWNTOWN ZONE SANDWICH BOARD SIGNS.
Sandwich board signs located with the Downtown and Centers zones may be
placed on sidewalks or portions of the pedestrian public right-of-way subject to the
following conditions:
(a) A minimum four (4) feet of unobstructed sidewalk or pedestrian path must
be maintained. A sandwich board sign shall not be allowed on sidewalks with less than
four (4) feet in width.
(b) Sandwich board signs may not be placed in the driving lanes of a public
street or in parking stalls on the public right-of-way;
(c) One (1) sandwich board is allowed for any licensed business. The sign
must be displayed immediately adjacent to the main entrance of the business employing
the sign.
(d) Sandwich board signs shall not exceed thirty-two (32) inches in width or
thirty-six (36) inches in height as displayed.
(e) Sandwich board signs shall be professionally lettered, neatly painted or
assembled, and remain in good repair.
(f) Sandwich board signs shall be constructed to avoid being blown from their
intended location and to avoid tipping or falling.
(g) Sandwich board signs shall not be internally lit, not have moving parts,
nor shall any attachment or portion of the sign extend beyond the thirty-two (32) by
thirty-six (36) inch maximum dimensions established in Subsection (d) of this Section.
(h) Sandwich board signs shall be displayed during daylight hours only and
shall be removed by the business owner immediately after dusk each day.
(i) Any site landscaping required by the City shall not be altered to
accommodate a sandwich board sign.
G) Sandwich Board Signs shall not block intersection or otherwise constitute
a public safety hazard.
(k) Placement of sandwich board signs on the public right-of-way in violation
of this section will result in immediate removal of the sign from the public right -of-way
by City personnel.
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20.52.170 SANDWICH BOARD AND PORTABLE SIGNS ALL
ZONES.
Sandwich board signs and portable signs not located within a Downtown or
Center zone are allowed in other non-residential zones subject to the following
Conditions:
(a) Sandwich board and portable signs must comply with the requirement set
forth in BMC Sections 20.52. 160(b) through (k).
(b) Sandwich board signs may be located within a public right-of-way
provided the sign is no more than twelve (12) inches from the face of the structure;
(c) Sandwich board signs not located within the public right-of-way shall be
no more than twelve (12) inches from the face ofthe structure.
(d) Portable signs shall not be located within a public right-of-way and shall
be located within five (5) feet of the principal commercial structure that the sign is
associated.
20.52.180 NONCONFORMING SIGNS.
(a) Applicability. This section applies to the maintenance, repair
amortization, as appropriate, and removal of nonconforming signs.
(b) Definitions
(1) "Effective date of this section" means the effective date of the
ordinance adopting this section, July 25,2003.
(2) "Nonconforming sign" means any sign as defined in subsection if
of this section. Chapter 20.42 of this code.
(3) "Section" means Section 20.0052.180 of this code unless otherwise
defined.
(c) Eligibility. Any nonconforming sign located within the City limits on the
effective date of this section, or located in areas annexed to the City thereafter that does
not conform to the provision of this section, is eligible for characterization as a legal
nonconforming sign provided it meets the following requirements:
(1) A permit for the sign was obtained prior to the effective date of
this section, if one was required under applicable law; or
(2) If no sign permit was required under applicable law for the sign,
the sign was in all respects in compliance with applicable law on the effective date of this
section.
(d) Allowed. All legal nonconforming signs are allowed subject to all permit
requirements, the provisions covering loss of legal nonconforming status and other
limitations set forth in this section.
(e) Exclusions. No temporary signs, portable signs, special signs, or
incidental signs shall be eligible for characterization as legal nonconforming signs.
(f) Legal Nonconforming Sign Permit.
(1) Required. A legal nonconforming sign permit is required for each
legal nonconforming sign. The permit shall be obtained by the sign user or the sign
owner, or the owner of the property upon which the sign is located, within sixty (60) days
of notification by the City that the sign is legal nonconforming. The permit shall be
issued at no fee and shall expire at the end of the applicable amortization period
prescribed in Subsection (g) of this section.
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(2) Necessary information. Applications for a legal nonconforming
sign permit shall contain the name and address of the sign user, the sign owner, or the
owner of the property upon which the sign is located, and such other pertinent
information as the Director may require ensuring compliance with the code, including
proof of the date of installation of the sign.
(3) Failure to comply. A legal non conforming sign for which no
permit has been issued within the sixty (60) day period shall within 6 months be brought
into compliance with the code or be removed. Failure to comply shall subject the sign
user, owner and/or owner of the property on which the sign is located to the remedies and
penalties of BMC Section 20.40.140.
(g) Amortization.
(1) In order to ease the economic impact of this code on businesses or
persons with substantial investment in signs in existence on the effective date of this
section, this section provides for up to five (5) or ten (10) years, as applicable, of the
continued use of the nonconforming sign in its existing state. During this period, it is
expected that the sign may be amortized in its value over this time period and/or may be
amortized for Federal income tax purposes; provided, however, that whether a sign is
amortized for tax purposes shall not affect the application of this section.
(2) All legal nonconforming signs shall be discontinued and removed
or made conforming within ten (10) years from the effective date of this section for
billboard signs and within 5 years from the effective date of this section for off-premises
signs (the "amortization period"). Additionally, all signs which are made nonconforming
by a subsequent amendment to the Zoning Code, Chapter 20.52 BMC, or by subsequent
action or activity such as government acquisition of property for right-of-way pursuant to
BMC 10.52.160, shall be discontinued, removed, or made conforming within the
applicable amortization period after the date of such amendment, action or activity.
Upon the expiration of the amortization period, the sign shall be brought into
conformance with this section through the issuance of a sign permit. A sign prohibited
pursuant to BMC 20.52.040 may not be brought into conformance and must therefore be
immediately removed upon the expiration of the amortization period. Amortization is the
sole method of compensation for removal of signs pursuant to this section.
(3) Permitting, Removal and Amortization Exemption. The
permitting, removal and amortization provision of subsections (t) and (g) of this section
do not apply to any sign which would require the City to pay compensation for its
removal under any Federal, State or other law, including Chapter 47.42 RCW, the
Highway Advertising Control Act - Scenic Vistas Act.
(4) Loss of Legal Nonconforming Sign Status. All nonconforming
signs shall be immediately removed or modified to conform to all the provisions of this
chapter, and a new permit secured therefore, and such nonconforming sign shall
immediately lose its legal nonconforming designation when 1 or more of the following
events occur:
(i) Structural changes. The applicant is making structural
alterations or increasing the gross floor area of any structure that houses or supports the
use with which the legal non conforming sign is associated.
(ii) Other alterations. The applicant is making any change,
alteration or performing work other than normal maintenance or other than tenant
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improvements, in any 12 month period to any structure that houses or supports the use
with which the nonconforming sign is associated and the fair market value of those
changes, alterations or other work exceeds twenty-five ~percent (25%) of the assessed
value of that structure based on the building permit valuation tables.
(iii) Abandonment or business cessation. The subject property
containing the sign is abandoned for ninety (90) or more consecutive days or the activity
conducted on the subject property ceases for one-hundred eighty (180) consecutive days.
(iv) Sign alterations. The applicant is making changes,
alterations or performing any work to the legal nonconforming sign other than regular
and normal maintenance. Prohibited sign alterations include enlarging the sign face,
relocating the sign or replacing the sign. However, replacing any individual tenant's
identification sign in either an identification sign which separately identifies the tenants
or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming
sign designation.
(v) Change in use. There has been a change in use on the
subject property as that term is defined in this chapter.
(vi) Change in tenant. There has been a change in business or
change in single occupancy tenant on the subject property.
In connection with any multi-use or multi-tenant complex, the foregoing events
which require that a nonconforming sign be either removed or brought into conformance
with this code, shall apply only to the individual owner's or tenant's building-mounted or
free-standing signs that have triggered the elimination of the legal nonconformance and
not to the other signs located on the subject property, including any copy change in a
center identification or tenant directory sign in order to include such tenant's name.
20.52.190 GOVERNMENT ACQUISITION OF PROPERTY FOR
RIGHT-OF-WAY.
(a) A sign that becomes nonconforming with respect to its setback from the
edge of a public right-of-way as a result of a local, State, or Federal government
acquisition of property for right-of-way expansion shall be characterized as a legal
nonconforming sign and shall be allowed subject to the requirements of this section.
(b) The City may allow by a Type II permit as prescribed in BMC Chapter
20.02 BMG-the placement of a new sign or relocation of an existing sign within a
required setback if it meets all of the following criteria:
(1) The enforcement of this code would result in substantial hardship
to the applicant because no feasible location exists to place a sign on the subject property
other than in a required setback, and such hardship was created solely by local, State, or
Federal government acquisition of property for right-of-way expansion and not by any
action of the applicant:
(2) The sign is not prohibited by BMC Section 20.52.040 and, except
for location within a required setback, complies with all other requirements of this
section:
(3) The sign complies with the City's minimum sight distance at
intersection requirements pursuant to BMC Section 20.52.060.
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(4) Location of the sign with a required setback is otherwise consistent
with the public health, safety, and welfare.
20.52.200 REMOVAL OF SIGNS.
The sign user, owner and/or owner of the property on which an abandoned,
dangerous, defective, illegal, or prohibited sign is located shall remove or cause to be
removed any such sign as required in this Section. Failure to comply shall subject the
sign user, owner and/or owner of the property on which the sign located to the remedies
and penalties ofBMC Section 20.40.140.
Figure 20.52(Aj!!2.
Free Standingstanding Signs
Zone Specific Size and Design Requirements1
Freestanding Max.
Commercial Zones Si~n Type Hei~ht Max. Size! 2
Commercial Corridor (CC) Monument only 8' 60 sq. ft.
Wheaton Way Redev. Corr. (WWRC) Monument only 8' 60 sq, ft.
Neighborhood Business (NB) Monument only 6' 48 sq. ft.
Limited Commercial (LC) No pole 25' 100 sq. ft.
sigflsMonument only
Freeway Corridor (FC) Any 35' 100 sq. tr,3
Marine Industrial (MI) Monument only 8' 100 sq. ft.
Industrial Park (IP) Monument only 8' 100 sq. ft.
Industrial (1) Any 25' -
Freestanding Max.
Downtown & Centers Zones Si~n Type Hei~ht Max. Size
Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft.
District Center Core (DCC) Monument only 8' 60 sq. ft.
Downtown Core (DC) Monument only 8' 60 sq. ft.
Downtown Waterfront (DW) Monument only 8' 60 sq. ft.
Business Core (BC) Monument only 8' 60 sq. ft.
Employment Center (EC) , Monument only 8' 60 sq. ft.
1. Maximum size is for individual freestanding signs. Total allowable freestanding
sign area is based on linear street frontage per BMC Sections 20.52.010 and 20.52.140.
More than one freestanding sign may be allowable.
2. Larger signs for shopping centers or professional office complexes are allowable
per BMC Section 20.52.100(c).
3. Larger signs for auto dealership groups are allowable per BMC Section
20.52.110.
4. Freestanding sign size for special purpose zones not listed in this table are subject
to the requirements of BMC Section 20.52.130.
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Chapter 20.54
NONCONFORMING PROVISIONS
SECTIONS:
20.54.010 Intent
20.54.020 Establishment of a Legal Nonconformity and Applicability
20.54.030 Annexation
20.54.040 Definitions
20.54.050 Nonconforming Lots
20.54.060 Nonconforming Uses
20.54.070 Nonconforming Structures
20.54.080 Nonconforming Landscaping
20.54.090 Conditional Nonconforming Uses
20.54.100 Nonconforming Signs
20.54.110 Unlawful Uses and Structures
20.54.010 INTENT.
(a) Within the zones established by Title 20 and amendments thereto, there
Ii exist lots, structures, uses of land and structures, which were lawful at the time of their
establishment, but are prohibited, regulated, or restricted under the existing zone
requirements. These nonconformities are declared incompatible with the zone because
they do not conform to the requirements of the zone in which they are located.
(b) To avoid undue hardship, nothing in this Chapter shall be deemed to
require a change in the plans, construction or designated use of any building or site
legally established. The intent of this Chapter is to set forth the conditions under which
these nonconformities may continue to exist until such time they are discontinued as
prescribed by law.
20.54.020 ESTABLISHMENT OF A LEGAL NONCONFORMITY AND
APPLICABILITY.
(a) A party asserting the existence of a lawfully established nonconforming
lot, use or structure has the burden of proof that the lot, use or structure was not
substandard in meeting the requirements of the zone, which were in effect, at its creation.
(b) The rules of this Chapter are applied by first reviewing which provisions
are applicable to the nonconformity. (Does the nonconformity involve a lot, use, structure
or a combination?) When a combination of nonconforming lot, structure or use exists,
each segment of the nonconformity is reviewed independent of the others. Example: a
legally established single-family dwelling not allowed in the zone and not meeting
setback requirements would be allowed to rebuild from substantial destruction (BMC
Section 20.54.060(e)(2)), but the new structure would have to comply with the current
setback requirements (BMC Section 20.54.070(c)).
20.54.030 ANNEXATION.
Lots, structures, uses of land and structures that were legally in existence prior to
annexation to the City, but that do not conform to the requirements of the zone in which
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they are located following the date of annexation, shall become a legal nonconformity
subject to the requirements of this Chapter.
20.54.040 Definitions
The following definitions are applicable to this Chapter:
(a) Nonconforming Lots: A lot that does not meet the lot area, width or
street frontage requirements of the zone in which it is located, but was lawfully created
prior to the effective date of the zone or subsequent amendments thereto.
(b) Nonconforming Use: Any activity, development or condition that by the
zone in which it is located is not permitted outright or as an accessory use, or is not
permitted by a Conditional Use Permit or other special permitting process; but was
lawfully created prior to the effective date of the zone or subsequent amendments thereto
and was continually maintained as defined in this Chapter. A nonconforming use mayor
may not involve buildings or structures and may involve part of or all of a building or
property.
(c) Nonconforming Structure: A building or structure that does not comply
with the required setbacks, height, lot coverage and other development requirements of
the zone in which it is located, but was lawfully constructed prior to the effective date of
the zone or subsequent amendments thereto and was continually maintained as defined
in this Chapter. This term does not apply to any substandard condition that was legally
granted a variance.
(d) Substantial Destruction: For the purpose of this Chapter, substantial
destruction means the repair or replacement of a building or structure, which exceeds
seventy-five f13tpercent (75%) of the replacement cost of the entire building, excluding
the foundations. The replacement cost shall be derived from the market value of the
structure or the value as defined by the City's building code, whichever is greater.
20.54.050 NONCONFORMING LOTS.
The following provisions shall apply to all lots meeting the definition in BMC
Section 20.54.040(a):
(a) Continuation and Development: A nonconforming lot may be developed
for any use allowed by the zone provided the development meets, through design or by an
approved variance, the requirements of the zone in which it is located.
(b) Illegal Lot Modifications or Split: The following is applicable to all lots:
(1) No lot may be modified, divided or adjusted in a manner that
would violate the dimensional or area requirements ofthe zone in which it is located.
(2) A government agency may lawfully modify a lot in a manner that
would result in nonconformity, if portions of a lot are acquired for a public use or
purpose, or is allowed otherwise by law.
20.54.060 NONCONFORMING USES.
The following provisions shall apply to all uses meeting the definition in BMC
Section 20.54.040(b):
(a) Continuation: Any legally established nonconforming use may be
continued until such time that it is discontinued as prescribed in BMC Section
20.54.060(d) or (e).
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(b) Change of Use: A structure or property containing a nonconforming use
may be changed to the following:
(1) A use that conforms to the requirements of the zone; or
(2) Another nonconforming use provided that:
(i) A Conditional Use Permit is approved pursuant to BMC
20.58.020;
(ii) The existing nonconforming use was not discontinued as
prescribed in BMC Section 20.54.060(d) or (e);
(iii) The new use is clearly a reduction in the nonconformity
and intensity of the existing nonconforming use; and
(iv) The applicant demonstrates that there is a demand for the
use in the neighborhood that provides a public benefit.
(c) Expansion: A nonconforming use may not be expanded or enlarged,
except under one of following circumstances:
(1) Alterations are permitted provided it is within the existing physical
space of the building or use.
(2) Residential dwellings may have the building area expanded if the
number of dwelling units is not increased above or below the requirements of the zone in
which it is located, there is no decrease in the number of off-street parking spaces below
the minimum requirements and the addition complies with all zoning requirements.
(3) The acquisition of additional accessory off-street parking is not an
expansion of a nonconforming use.
(d) Discontinuation: A nonconforming use that is discontinued shall have its
legal nonconforming status terminated and any subsequent use of the property or building
shall be that of a use that conforms to the requirements of the zone. A nonconforming
use is determined to be discontinued if any of the following circumstances apply:
(1) The nonconforming use is changed to a conforming use;
(2) Another nonconforming use is approved pursuant to BMC Section
20.54.060(b )(2); or
(3) The nonconforming use has ceased for a period of more than one
(1) year.
(e) Damage or Destruction: If a structure containing a nonconforming use
experiences substantial destruction, it shall constitute a discontinuation of the
nonconforming use, except the nonconforming use may be allowed to continue under any
of the following circumstances:
(1) The structure has suffered substantial destruction as a result of fire
or other casualty not intentionally caused by the owner or tenant and a complete building
permit application is filed within one (1) year of such fire or other casualty.
(2) The use is a detached or attached single-family dwelling located
anywhere in the City.
(3) A Conditional Use Permit was approved pursuant to BMC Section
20.54.090.
(f) Repair and Maintenance: A building or structure containing a
nonconforming use may be repaired and maintained if the work does not restore it from
substantial destruction.
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20.54.070 NONCONFORMING STRUCTURES.
The following provisions shall apply to all.structures and buildings meeting the
definition in BMC Section 20.54.040(c):
(a) Continuation: Any legally established nonconforming structure may be
continued until such time that it is discontinued as prescribed in BMC Section
20.54.070(c).
(b) Expansion: A nonconforming structure may be enlarged, extended or
structurally altered provided the enlargement or alteration complies with the setback,
height, lot coverage, and other site development requirements of the zone in which the
structure is located.
(c) Damage or Destruction: A nonconforming structure experiencing
substantial destruction shall be considered discontinued and have its nonconforming
status terminated. Any subsequent repair or reconstruction of the structure shall comply
with the requirements of the zone.
(d) Partial Damage or Destruction: A nonconforming structure suffering
from less than substantial destruction may have its nonconforming status suspended for a
time period determined by the Director and be considered conforming for the purpose of
improvements and repair, if:
(1) The structure is damaged by fire or other casualty not intentionally
caused by the owner or tenant and a complete building permit application is filed within
one (1) year of such fire or other casualty; or
(2) A building permit application is submitted prior to partial
destruction. The building permit must remain active and if it is allowed to expire, the
legal nonconforming status shall terminate and subsequent repairs and improvements
shall comply with the requirements of the zone.
(3) In no case shall the nonconformity be allowed to expand.
(e) Repair and Maintenance: Normal repair and maintenance work on a
nonconforming structure may be performed that maintains continued safe and sanitary
conditions.
20.54.080 NONCONFORMING LANDSCAPING.
Uses which were lawfully established which do not conform to landscaping requirements
need not provide additiona11andscaping, except:
(a) Expansion of a Structure: If an existing structure or use is expanded,
additional landscaping shall be provided in accordance with the requirements of Chapter
20.50 BMC. The amount of additiona11andscaping shall be computed only to the extent
of the expansion regardless of whether existing landscaping complies with the
requirements.
(b) Change of Use: A change to a use that requires greater amounts of
landscaping than the former use shall provide landscaping in accordance with the
requirements of BMC Chapter 20.50 BMC.,,- The Director may modify the amount of
landscaping required, if providing the required landscaping would result in a reduction of
the parking below the minimum required by BMC Chapter 20.58 BMC.
(c) Parking Lot: When an existing unpaved parking area is paved, it shall be
landscaped in accordance with the requirements of BMC Chapter 20.50 BMC.,,- The
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Director may modify the amount of landscaping required, if the landscaping would result
in a reduction of the parking below the minimum required by BMC Chapter 20.58-BMG.
20.54.090 CONDITIONAL NONCONFORMING USES.
(a) Unsuitable Structures for Uses: An existing structure constructed for a
use no longer allowed by the zone, which has lost its legal nonconforming status, and is
not suited for other uses permitted by the zone, may have its use re-estab1ished if a
Conditional Use Permit is approved pursuant to BMC ~Chapter 20.58.020, provided
that:
(1) The applicant demonstrates that the remaining life of the structure
is adequate to warrant the proposed use of the structure;
(2) The applicant demonstrates that an allowed use of the zone cannot
be established;
(3) The applicant demonstrates that there is a demand for the use in the
community or region that provides a public benefit; and
(4) The applicant demonstrates that the use and renovation to the
structure is not inconsistent with the goals and policies of the Comprehensive Plan.
20.54.100 NONCONFORMING SIGNS.
Refer to BMC Chapter 20.52 for regulations pertaining to nonconforming signs.
20.54.11DnO UNLAWFUL USES AND STRUCTURES.
(a) Nothing in this Chapter shall be interpreted to be authorization for, or
approval of, the continuation of the use of a structure that is in violation of any ordinance
in effect at the time of the passage of this chapter. The intermittent, temporary, or illegal
use of land or structures shall not be sufficient to establish the existence of a
nonconforming use and/ or structure.
(b) Any use, structure or lot which did not comply with the zoning code
requirements at the time it was established or constructed and does not comply with the
current zoning code is illegal and shall be brought into compliance with the provisions of
BMC Title 20, Section III.
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I
Chapter 20.58
LAND USE PERMITS
SECTIONS:
20.58.010 General
20.58.020 Conditional Use Permit
20.58.030 Variance
20.58.040 Site Specific Rezone
20.58.050 Area-Wide Rezone
20.58.060 Residential Cluster Development
20.58.080 Site Plan Review
20.58.090 Site Development Permit
20.58.010 GENERAL.
(a) Applicability: This Chapter contains the provisions and approval criteria
for land use permits applicable to Title 20. The provisions of this Chapter are applied in
conjunction with BMC Chapter 20.02 BMG--(Project Permits) in establishing the
appropriate review procedures and criteria by which land use permits are reviewed and a
decision rendered.
(b) Fees: The corresponding application fees prescribed in the fee schedules
set forth in BMC Chapter 3.01-BMG, shall accompany applications.
20.58.020 CONDITIONAL USE PERMITS.
(a) Authority: Uses listed as a conditional use may be permitted if a
Conditional Use Permit (CUP) is approved.
(b) Applicant: The City, federal, state or local agencies, property owner(s), or
their designated agents may initiate a request for a CUP.
(c) Procedure: A CUP application may be processed as an Administrative
Type II Director Decision or as a Non-administrative Type III Hearing Examiner
Decision pursuant to the provisions set forth in BMC Chapter 20.02-BMG.
(1) The Director may require a Non-administrative CUP whenever the
use has a significant impact beyond the immediate site, is of a neighborhood or
community-wide interest, or is of a controversial nature.
(2) The Director may convert a Type II Administrative CUP to a Type
III Non-administrative CUP any time prior to the issuance of a decision on the
application.
(3) In addition to the notification requirements prescribed in BMC
Section 20.02.100, the Notice of Application shall be mailed to all property owners
within three-hundred (300) feet of the property.
(d) Criteria for Approval: The City shall approve a CUP only if it is found
that:
(1) The use is consistent with the Comprehensive Plan goals and
policies;
(2) The use complies with all applicable zoning and development
standards and requirements;
(3) The use satisfies all of the conditional use approval criteria
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specified in the zone in which the use is located;
(4) The design of the proposal and conditions of approval has
mitigated all identifiable adverse impacts;
(5) The use is compatible with nearby land uses and the surrounding
neighborhood in terms of the level of light and glare, noise and parking demand, hours of
operation and air quality; and
(6) Stipulations are made for the availability of adequate water, sewer,
storm water, utilities and urban governmental services.
(e) Conditions of Approval: Conditions such as site orientation, fencing,
buffering, parking location, lighting, access, hours of operation, and others may be
imposed as a conditional of approval if it is found they are necessary to mitigate
identifiable adverse impacts and ensure compatibility with nearby uses.
(f) Lapse of Approval: Ifthe CUP is not acted on within one (1) year from
the date the decision became final, it shall expire. Expiration is automatic and notice is
not required. The Director may grant a single six (6)-month extension if the applicant
makes such a request in writing prior to the expiration date and can show good cause for
granting the extension.
20.58.030 VARIANCE.
(a) Authority: The Variance is a mechanism that allows the provisions of
Title 20 to be varied on a case-by-case basis. Approval of a Variance may only be
granted when it is for relief from a dimensional standard when the requirement of such
would result in an unusual or unreasonable hardship due to physical characteristics of the
site, or due to existing improvements on or adjacent to the site.
(b) Applicant: The City, federal, state or local agencies, property owner(s), or
their designated agents may initiate a request for a Variance.
(c) Procedures: A Variance application is processed as a Type III Hearing
Examiner Decision pursuant to the provisions set forth in BMC Chapter 20.02 BMC.~ If
the variation would not exceed ten f-l-9j-percent ( 1 0%) of the required dimensional
standard from which relief is being sought, the Director may approve the Variance as a
Type II Director Decision.
(d) Criteria for Approval: The City may grant a Variance only if it is found
that:
(1) The variance will not be materially detrimental to the surrounding
neighborhood and avoids adverse impacts on other properties and residences;
(2) The variance is necessary to overcome exceptional or
extraordinary hardship circumstances related to the size, shape, topography, location, or
surroundings of the subject property, or the location of a preexisting legal nonconformity
that may exist on or adjacent to the site;
(3) The variance will not grant relief for a self-created hardship, or for
a personal or financial hardship or inconvenience;
(4) The variance will only grant the subject property the same general
rights enjoyed by other properties in the same area and zoned as the subject property;
(5) The variance is the minimum necessary to allow the subject
property the same general rights enjoyed by other property in the same area and zone;
and
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(6) Other solutions, uses, or design options that might achieve a
similar result without the need for a Variance have been evaluated and rejected.
(e) Prohibited: Under no circumstances shall a Variance be granted for any
of the following:
(1) To alter any definition or interpretation of this Title;
(2) To alter any provision establishing a use within a zoning district;
(3) To alter any procedural provisions; or
(4) To alter residential density standards.
(f) Conditions of Approval: Conditions may be imposed as a conditional of
approval if it is found they are necessary to mitigate identifiable adverse impacts and
ensure compatibility with nearby uses.
(g) Lapse of Approval: If the Variance is not acted on within one (1) year
from the date the decision became final, it shall expire. Expiration is automatic and
notice is not required. The Director may grant a single six (6)-month extension if the
applicant makes such a request in writing prior to the expiration of the Variance and can
show good cause for granting the extension.
20.58.040 SITE-SPECIFIC REZONE.
(a) Authority: A Site-specific Rezone is a change to the zoning classification
of a specific property or properties. The new zone must be consistent with the
comprehensive plan and results in a change to the City's Official Zoning Map.
(b) Procedures: A Site~specific Rezone application is processed as a Type IV
City Council Decision pursuant to the provisions set forth in BMC Chapter 20.02 BMC.-'.
The City Council shall act on the proposal after the Administrative Hearing Examiner
holds an open-record public hearing and makes a recommendation to the City Council.
(c) Applicant: The City, federal, state or local agencies, property owner(s),
or their designated agents may initiate a request for a Site-specific Rezone.
(d) Criteria for Approval: The City may grant a Site-specific Rezone only if
it is found that:
(1) The rezone is cOltsistent with the Comprehensive Plan;
(2) The rezone will advance the public health, safety, or welfare, and
will not have adverse impacts on adjacent properties;
(3) The rezone is necessary because either:
(i) Conditions in the immediate vicinity or neighborhood have
so markedly changed that it is in the public interest to approve the rezone, or
(ii) The rezone will correct a zone classification or zone
boundary that was inappropriate when established; and
(4) The rezone is in the public interest.
(e) Comprehensive Plan Consistency: If a Comprehensive Plan amendment
is required in order to satisfy BMC Section 20.58.040(d)(1), approval of the
Comprehensive Plan amendment is required prior to or concurrently with the granting of
an approval on the rezone.
20.58.050 AREA-WIDE REZONES.
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(a) Authority: An Area-wide Rezone is a change to zoning classifications
that is not site-specific. New zoning designations must be consistent with the
Comprehensive Plan and approval changes the City's Official Zoning Map.
(b) Applicant: Only the City may initiate an Area-wide Rezone.
(c) Procedures: These are legislative actions exempt from the requirements
of Chapter 20.02 BMC. Specific procedural requirements are prescribed in Chapter
36.70A RCW. The Planning Commission conducts public hearings for area-wide
rezones and makes a recommendation to the City Council. The City Council, following
its own public hearing(s) may approve, approve with modifications, deny or remand the
Planning Commission's recommendation for additional study.
(d) Notice: Published notice shall be given prior to public hearing dates in the
official newspaper in accordance with the following schedule:
(1) Ten (10) calendar days for the first Planning Commission public
hearing, and
(2) Five (5) calendar days for the first City Council public hearing.
(3) Subsequent hearing dates on the same proposal do not require
additional publication of notice.
(4) Consideration shall be given to WAC 365-195-600 (Public
Participation) in determining if additional notice requirements are necessary.
(e) Approval Criteria: The City Council may approve an Area-wide Rezone
if it is found that:
(1) It is consistent with the comprehensive plan; and
(2) It does not conflict with other City, state and federal codes,
regulations and ordinances.
(f) Comprehensive Plan Consistency: If a Comprehensive Plan amendment
is required in order to satisfy BMC 20.58.050(e)(1), approval of the Comprehensive Plan
amendment is required prior to or concurrently with the granting of an approval on the
rezone.
20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT.
(a) Intent and Purpose: The intent of the Residential Cluster Development
(RCD) is to accommodate urban densities of the underlying zoning district while
allowing residential development to utilize less land area. The purpose of the RCD is to
preserve open space, allow for innovative design and reduce impacts to sensitive
environmental areas.
(b) Applicability: The RCD may be applied to attached and detached sing1e-
family residential developments of three (3) or more dwellings.
(c) Applicant: The City, federal, state or local agencies, property owner(s), or
their designated agents may initiate a request for a RCD.
(d) Procedures: A RCD may be processed either as an Administrative Type
II Director Decision or as a Non-administrative Type III Hearing Examiner Decision
pursuant to the provisions set forth in BMC Chapter 20.02-BMG.
(1) The Director may require a Non-administrative RCD whenever the
use has a significant impact beyond the immediate site, is of a neighborhood or
community-wide interest, or is of a controversial nature.
(2) The Director may convert a Type II Administrative RCD to a Type
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III Non-administrative CUP any time prior to the issuance of a decision on the
application.
(3) In addition to the notification requirements prescribed in BMC
20.02.100, the Notice of Application shall be mailed to all property owners within three-
hundred (300) feet of the property.
(e) Scope of Approval:
(1) Approval of a RCD constitutes an overlay to the underlying zone.
Through the RCD, modifications to the setbacks, height, lot area, building coverage, and
development coverage may be granted.
(2) Approval of a RCD shall constitute a limitation on the design of
the site to only those designs and standards that are specifically included. Such
limitations shall remain in effect until the residential development is constructed, or until
its approval expires in which case the previous zoning standards automatically return.
(f) Development Standards: The following standards are applicable to a
RCD:
(1) Lot Requirements:
(i) Density: The minimum and maximum density of the
underlying zone shall apply.- Within the Low Density Residential (R-lO) zone, the
density shall be determined pursuant to the provisions in BMC Sections 20.60.~
065. For the purposes of the RCD. unbuildab1e environmentally sensitive areas as
defined in BMC Section 21.02.280 shall be included in the area for calculating density.
A right-of-way assumption shall be deducted from the total are of the environmentally
sensitive area. The assumed right of way deduction is a percentage of the total
environmentally critical area equal to the percentage of the developable site devoted to
rights-of way.
(ii) Minimum Lot Size: The minimum lot area is:
a. Three-thousand (3,000) square feet within the Low
Density Residential (R-10) zone. Reductions to the lot size may be allowed if an
environmental sensitive area is located on the property and the reduction is the minimum
necessary to comply with the minimum density requirements set forth in BMC
20.58.060(f)(1 )(i).
b. Zero within other zones.
(2) Height: The maximum building height of the underlying zone may
be increased provided the height of buildings are compatible with the scale of the
surrounding neighborhood, do not adversely affect existing scenic views, and ensure a
reasonable balance of light and shadow on adjacent properties. Increased setbacks and
location of structures may be used to ensure compatibility.
(3) Other Standards: Exceptions may be granted to the underlying
zone development standards such as setbacks, lot area, building coverage, and
development coverage as prescribed in BMC Section 20.58.060(e)(1).
(4) Perimeter Setbacks: Structures shall comply with the setbacks of
the underlying zone along the outer perimeter lot lines of the site.
(5) Circulation:
(i) All streets within the development and rights-of-way shall
be designed and constructed in accordance with the City street standards pursuant to
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BMC Title 11. Private streets shall be located on road tracts at least twenty (20) feet
wide.
(ii) Provisions shall be made for a functional pedestrian
circulation system that assures the safe movement of pedestrians both on the site and
between nearby properties and activities.
(iii) All streets and parking areas shall contribute to the overall
aesthetic design of the project while minimizing traffic congestion and the amount of
impervious surface area.
(iv) The provision for adequate parking, loading, access and
circulation facilities within the RCD shall be those contained in the Parking
Requirements as set forth in BMC Chapter 20.48 BMC.-'. The Director may modify these
standards to best meet needs and objectives of the project provided parking will not
spillover into nearby neighborhoods.
(6) Screening: All utility facilities, loading areas, trash containers, and
outdoor storage areas shall be screened from surrounding properties. Solid fences, walls,
and blank walls of buildings shall be softened through the use of trees and/or other
landscaping materials if their impact cannot be minimized through architectural design or
orientation.
(7) Open Space:
(i) Open Space Designation: The remaining land not
developed for a use shall be dedicated as open space. Open space areas shall be located
on a separate tract or tracts and shall be developed for recreational uses or set aside to
preserve environmentally sensitive areas. Open space shall not include land for streets,
driveways, parking or other infrastructure improvements.
(ii) Development: Facilities and other improvements that
enhance recreational use may be located in an open space. A single residential detached
dwelling may be allowed within an open space tract if the open space contains an
environmentally sensitive area and development complies with all other requirements.
(iii) Open Space Plan: An open space plan is required to
identify all improvements, environmentally sensitive areas, significant trees pursuant to
Chapter 20.50 BMC and other vegetation to be preserved. A management plan outlining
maintenance responsibility shall be included as part of the plan.
(iv) Guarantee: A legal instrument approved by the City and
recorded with the County Auditor, which shall include a notice on the title referencing
the legal instrument, is required. The legal instrument may include, but is not limited to
the following guarantees:
a. Retention of the open space per the open space plan
prescribed in BMC Section 20.58.060(t)(4)(iii);
b. Provide permanent maintenance of the open space
and commonly owned facilities;
c. Grants to or reservations for the use of property
owners all open space and commonly owned facilities within the development;
d. Conveyances to property owner associations or
corporation;
(g) Criteria for Approval: The decision making authority may grant a RCD
only if it is found that:
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(1) The location, design, and uses are consistent with the goals and
policies of the Comprehensive Plan, the Shoreline Master Program (when applicable), the
City's development codes and other City plans and ordinances;
(2) The residential development integrates with its surroundings and is
designed to harmonize with existing or proposed development in the neighborhood;
(3) The traffic generated by the development can be accommodated
safely and within acceptable Levels of Service for affected streets;
(4) All development will adequately be served by existing or planned
facilities and services; and
(5) The development makes adequate and appropriate provision for the
preservation of the environment, both natural and man-made, and the conservation of
energy.
(h) Lapse of Approval: If not acted upon within two (2) years from the date
of the decision, approval of the RCD shall expire. Expiration is automatic and notice is
not provided. The Director may grant a single six (6)-month extension if the applicant
makes such a request in writing prior to the expiration of the ReD and can show good
cause for granting the extension.
20.58.080 SITE PLAN REVIEW.
(a) Authority: Site Plan Review is an evaluation of development plans to
identify environmental impacts and overall compliance with applicable development
regulations including zoning and engineering standards. It is a preliminary review and
does not constitute approval to develop the site.
(b) Applicability: Site Plan Review is required for all new development,
expansion of existing structures, or other exterior site improvements that will change the
physical conditions of a site. .
(c) Applicant: The City, federal, state or local agencies, property owner(s), or
their designated agents may initiate a request for Site Plan Review.
(d) Procedures: A request for a Site Plan Review is processed as a Type I or
Type II Director's Decision pursuant to BMC Chapter 20.02 BMC..:. Site Plan Review
may be conducted independently or may be reviewed concurrently with a Site
Development Permit set forth in BMC Section 20.58.090. When a Site Development
Permit is not required, Site Plan Review may be consolidated with the review of a
building permit application.
(e) Application Requirements: An application for a Site Plan Review shall
include the following components. The Director may modify these requirements based
on the size, scope and complexity of the project.
(1) Vicinity Map: Showing the subject property in relation to all other
properties and major structures within a two-hundred fifty (250) foot radius of the
property.
(2) Site Plan: Containing, but not limited to, the following
information:
(i) The location, size, bulk, height, number of stories, and use
of all structures and areas on the subject parcel, both existing and proposed.
(ii) Existing and proposed pedestrian walkways, bikeways,
parks, playgrounds, recreational areas, activity centers, landscaped areas, and other areas
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and facilities of a public or recreational nature.
(iii) Existing and proposed utility systems, drainage structures,
fire hydrants, and other infrastructure improvements.
(iv) An environmental summary, including such features as
shorelines, bulkheads, creeks, culverts, wetlands, steep slopes, unstable soils, rock
outcroppings, significant trees, other "sensitive areas", etc.
(v) All property lines, easements, fences, walls, signs, and
other points of reference.
(vi) Other information, maps or data that is helpful to better
understand the nature and scope of the proposal and its impacts on surrounding
properties, people, and land uses.
(3) Parking Plan: A parking plan shall be included showing all of the
parking spaces, aisles, handicapped stalls, loading spaces, motorcycle spaces, setbacks
and other dimensional information necessary to evaluate the project. This information
may be shown on the site plan or may be a provided in a separate plan.
(4) Landscape Plan: When required, a plan showing the areas of
landscaping and street trees shall be provided. This information may be shown on the
site plan or may be provided in a separate plan.
(5) Storm Water Plan: When required, a storm drainage report and
preliminary storm drainage plans shall accompany the application.
(6) Water and Sewer Availability: A letter summarizing the utility
service requirements per BMC Title 15 shall be obtained from the City Public Works
Department and submitted with the application.
(7) Other Reports: When required, studies such as traffic reports,
geotechnical reports, wetland reports and other environmental studies shall accompany
the application.
(8) Narrative: A written explanation of the proposal including:
(i) Calculations of gross residential density, size of the site in
square feet, and square footage of structures, parking areas, landscaped and recreational
open space areas;
(ii) Elevations and/or perspective drawings of proposed
structures and other major improvements being proposed;
(iii) The specific nature of any agreements, covenants, or other
provisions that govern or affect the proposal; and
(iv) Signatures, mailing addresses, and phone numbers of all
owners .of record or agents of the subject property.
(9) ~P1ans: All iH:aJ3S"P1ans shall be drawn to scale, legible, in a
reproducible black and white format no largor than 18" x 21", and shall include a north
arrow:
(f) Criteria for Approval: A site plan that complies with all applicable
development regulations shall be approved, or approved with conditions.
20.58.090 SITE DEVELOPMENT PERMIT.
(a) Authority: A Site Development Permit shall be required prior to
constructing, enlarging, demolishing a building or structure; grading, excavating or filling
of earth; or other exterior site improvements that will change the physical conditions of a
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site. A Site Development Permit constitutes approval for those activities to develop a site
not including buildings.
(b) Applicability: A Site Development Permit is required for the following
activities:
(1) The construction of five (5) or more residential dwelling units;
(2) The construction or expansion of a structure or structures of more
than four-thousand (4,000) square foot gross floor area for a non-residential use or uses;
(3) Any filling, grading, excavating, placing or dumping of soil, loam,
peat, sand, gravel, rock, and similar materials in excess of one-hundred (100) cubic yards;
(4) Any activity or use located within an environmentally sensitive
area as designated in BMC Chapter 20.14 BMG--(Critical Areas);
(5) Any development or redevelopment of a site that requires street
frontage improvements pursuant to BMC Section 11.12.110;
(6) Any proposal that requires an engineered storm drainage system
pursuant to Chapter 15.04 BMC.
(7) Construction of a non-accessory surface or structural parking lot;
(8) Construction of an accessory off-street parking facility of more
than twenty (20) automobile spaces; or
(c) Exemptions: The following are exempt from the requirement for a Site
Development Permit:
(1) Forest practices other than Forest Practice IV regulated under Title
222 WAC;
(2) Development that is undertaken by the Washington State
Department of Transportation in state highway rights-of-way and is regulated by Chapter
173-270 WAC, the Puget Sound Highway Runoff Program; or
(3) Road and utility construction and related activities undertaken by
the City's Public Works Department.
(d) Applicant: The City, federal, state or local agencies, property owner(s), or
their designated agents may initiate a request for a Site Development Permit.
(e) Procedures: Arequest for a Site Development Permit is processed as a
Type I Director's Decision pursuant to BMC Chapter 20.02 BMC.-'. The review may be
conducted independently or may be reviewed concurrently with a Site Plan Review.
(f) Application Requirements: An application for a Site Development
Permit shall include the following components.
(1) Vicinity Map: Showing the subject property in relation to all other
properties and major structures within a two-hundred fifty (250) foot radius of the
property.
(2) Site Plan: Contain the following information:
(i) The location, size, bulk, height, number of stories, and use
of all structures and areas on the subject parcel, both existing and proposed;
(ii) Existing and proposed pedestrian walkways, bikeways,
parks, playgrounds, recreational areas, activity centers, landscaped areas, and other areas
and facilities of a public or recreational nature;
(iii) Existing and proposed utility systems, drainage structures,
fire hydrants, and other infrastructure improvements;
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(iv) An environmental summary, including such features as
shorelines, bulkheads, creeks, culverts, wetlands, steep slopes, unstable soils, rock
outcroppings, significant trees, other "sensitive areas", etc;
(v) All property lines, easements, fences, walls, signs, and
other points of reference;
(vi) Other information, maps or data that is helpful to better
understand the nature and scope of the proposal and its impacts on surrounding
properties, people, and land uses; and
(vii) Dimensional information or drawn to scale at not less than
1 inch = 50 feet.
(3) Parking: Plan: Showing all existing and proposed off-street
parking spaces. This may be integrated into the base site plan or shown on a separate
plan. Parking plans should show all spaces, aisles, handicapped and motorcycle spaces,
loading spaces, transit facilities, and parking lot access and internal circulation. It should
also show dimensions of all parking areas, spaces, driveways, setbacks, and distances
from curb cuts to intersection corners, and similar detail.
(4) Landscape Plan: Showing details of existing vegetation to be
preserved and the general planting pattern as well as the numbers and types of new plants
being provided. This may be integrated into the base site plan or provided in a separate
plan.
(5) Elevation and! or Perspective Drawings: Drawings showing
proposed structures and other major improvements.
(6) Civil Engineering Drawings: "Final" plans for street frontage
improvements, circulation and street lighting.
(7) Final Storm Drainage Report: Storm Drainage system meeting City
engineering standards.
(8) Erosion & Sediment Control Plan: Erosion control plans prepared
pursuant to BMC 15.04.042.
(9) Phasing: If the project is designed to be permitted and/ or
constructed in phases, a site plan showing the phases of development and a written
schedule of development is required.
(10) Narrative: A written explanation of the proposal, including:
(i) Calculations of gross residential density, size of the site in
square feet, and square footage of structures, parking areas, landscaped and recreational
open space areas;
(ii) Elevations and/or perspective drawings of proposed
structures and other major improvements being proposed;
(iii) The specific nature of any agreements, covenants, or other
provisions that govern or affect the proposal; and
(iv) Signatures, mailing addresses, and phone numbers of all
owners of record or agents of the subject property.
(11) Other Reports: When required, studies such as traffic reports,
geotechnical reports, wetland reports and other environmental studies shall accompany
the application.
(12) Plans: All ffial*l"plans shall be drawn to scale, legible, in a
reproducible black and white format and shall include a north arrow.
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(g) Criteria for Approval: A Site Development Permit that complies with all
applicable development regulations and requirements for construction shall be approved.
(h) Time Limits on Approval: Approval of a Site Development Permit shall
become void if building permits are not applied for or construction has not begun within
one (1) year. The expiration is automatic and notice is not given. Exterior site
improvements and the exterior of all structures shall be completed within three (3) ye4rs
of issuance of the Site Development Permit. If the permit expires, a new Site
Development Permit is required that meets the development standards in effect at the
time a new permit is applied for.
(i) Compliance Required: No person shall violate or fail in complying with
an approved Site Development Permit or any conditions thereof. Nor shall a building
permit be valid for any structure, which violates or fails to comply with any approved
Site Development Permitfor the parce1(s) on which such structure is to be located.
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I
CHAPTER 20.60
LOW DENSITY RESIDENTIAL (R-IO)
SECTIONS:
20.60.010 INTENTIntent
The inteRt of tOO Low Density Residential zoning district is to accommodate
single family housing by infilling at a range of lot sizes consistent with urban growth
patterns. Some attached single family housing may be appropriate when responding to
sensitive areas. Residential development at higher densities is encouraged at the edge of
designated centers and corridors, and within planned deyelopments of 10 acres or larger.
20.60.020 Permitted Uses
20.60.030 Accessory Uses
20.60.040 Conditional Uses
20.60.060 Development Standards
20.60.065 Allowable Density and Lot Area
20.60.066 Allowable Density and Lot Area in a Center
20.60.080 Parking Requirements
20.60.090 Landscaping Requirements
20.60.100 Sign Standards
20.60.020 SINCLE USE PER LOTOIO INTENT
Only one principal use shall be allowed on each residentially zoned lot unless
allov/ed for otherwise as pro'/ided by law. This limitation shall not include permitted
accessory uses associated with a permitted principal use.
The intent of the Low Density Residential zoning district is to accommodate
single-family housing by infilling at a range of lot sizes consistent with urban growth
patterns. Some attached single-family housing may be appropriate when responding to
sensitive areas or with innovative design. Residential development at higher densities is
encouraged at the edge of designated centers.
20.60.030 020 PERMITTED USES
Only one (1) principal use shall be allowed on each residentially zoned lot unless
allowed for otherwise by law. This limitation shall not include permitted accessory uses
associated with a permitted principal use.
The following uses are permitted outright:-
(a) Single unit Dwelling Unit Detached;
(b) Single unit Dwelling Unit }.ttached (Zero Lot LiNes) per BMC
20.60.070(b);
(c) Manufactured Home per BMC 20.16.010;
(d) Foster Home;
(e) Day Care Facility (12 or fev;er persons receiving care);
(f) Group Residential Home;
(g) Private Schools (K 12) (12 or fewer students);
(h) Religious "\Vorship & Related Facilities (20,000 square feet or less);
(i) Parks and playgrounds equal or less than 0.5 acres (21,780 square feet);
fj-}(a) Cemetery;
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(k) Underground vlater, SC'Ner, storm water and utility facilities;
ffi(b) Co-location of wireless telecommunication per BMC 21.02.335;Section
20.46.140.
(c) Day care facility of 12 or fewer persons receiving care;
(d) Education & Schools (K-12) of 12 or fewer students;
(e) Foster home;
(f) Group residential home;
(g) Manufactured home per BMC Section 20.46.040;
(h) Parks, playground and open space equal or less than 0.5 acres (21.780 square
feet);
(i) Single-unit dwelling unit - detached;
CD Single-unit dwelling unit - attach (Zero lot lines) per BMC Section
20.60.060(b );
(k) Worship and religious facilities of 20,000 square feet gross floor area or less;
20.60.040 030 ACCESSORY USES-
The following accessory uses may be permitted when found in connection with a
principal use-;-~
.c&Attached or detached }..ccessory D\velling Unitaccessory dwelling unit per
BMC Section 20.46.010;
(QlDetached garage, carport, and parking facilities for the residents of the
property;
(c) Playhouses, patios, cabanas, porches, gazebos, s'Nimming pools and
incidental household storage buildings;
!.flHome Occupationoccupation per BMC Section 20.46.030;
(Qt Other necessary and customary uses determined by the Director to be
appropriate, incidental and subordinate",;
( e) Playhouses, patios, cabanas, porches, gazebos, swimming pools and
incidental household storage buildings.
20.60.050 040 CONDITIONAL USES
A-The following uses may be permitted provided a Conditional (Special) Use
Permit, 'Nhich is approved pursuant to BMC Section 21.02.905, may permit the follo'Ning
H-SeS-20.58.020 subject to meeting the corresponding conditions",
(a) Bed & Breakfast provided:
( 1 ) The operators of the business shall occupy the house as their primary
residence;
(2) No more than one (1) Full Time Equivalent (FTE) employee who is
not a resident of the dwelling may be employed;
(3) No more than six (6) bedrooms are made available for rent to guests
and all guest rooms are contained within the principal structure;
(4) Two (2) off-street parking spaces, plus one (1) off-street parking space
per each guest bedroom, is required.
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(5) Off-street parking spaces may be reduced provided the applicant can
demonstrate that parking will not spill over into nearby residential properties and any
streets.
(6) Rooms shall not be made available to guests for more than fourteen
(14) days \vithin during any thirty (30) day period;
(7) No commercial receptions, parties, or other public gatherings, or fef
the serving of meals to non-resident guests for compensation are allowed; and
(8) Any remodeling of the residential structure shall maintain the
residential ffi nature of the structure and not alter the structure in such a manner that
would prevent it from being used as a residence in the future.
(b) Group Residential Facilities Class I provided:
(1 ) All state licensing requirements are satisfied;
(2) The site is located on a collector or higher street;
(3) Minimum setbacks, height and lot coverage of the underlying zone
shall apply;
(4) Off-street parking shall be at a minimum of one ( 1 ) space per each
employee during the peak shift, plus one (1) space per two (2) residents the facility will
provide service to;
(5) If counseling services are provided to non-residents, additional parking
spaces are required at one (1 ) per three-hundred (300) square feet of gross floor area used
for counseling services;
(6) The number of required off-street parking spaces may be reduced
provided the applicant can demonstrate that parking will not spill over into nearby
residential properties and any streets; and
(7) Landscaping is provided meeting the minimum requirements for non-
residential uses set forthprescribed in BMC Chapter 21.02.700 through 21.02.760.20.50.
Additional landscaping for screening purposes may be required if the Diroctor dooms it is
found necessary to OOffermitigate any impacts to adjoining residential properties.
( c) Senior Housine: Complex provided the conditions set forth in BMC Section
20.46.090 are satisfied.
( d) Nursin21 Convalescent Homes provided:
(1 ) All state licensing requirements are satisfied;
(2) The site is located on a collector or higher street;
(3) Minimum site area shall be no less than one (1) acre;
(4) Minimum setbacks, height and lot coverage of the underlying zone
shall apply;
(5) Off-street parking shall be a minimum of one (1) space per six-hundred
(600) square feet of gross floor area;
(6) The number of required off-street parking spaces may be reduced
provided the applicant can demonstrate that parking will not spill over into nearby
residential properties and any streets; and
(7) Landscaping is provided meeting the minimum requirements for non-
residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening
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purposes may be required if it is found necessary to mitigate any impacts to adjoining
residential properties.
(e) Day Care Facilities (Thirteen (13) or more persons receivin2 care)
provided:
( 1 ) All state licensing requirements are satisfied;
(2) The site is located on a collector or higher street
(3) Off-street parking shall be a minimum one (1) space per each (five) 5
children based on the state license maximum occupancy load;
(4) One (1) loading/ unloading space without back up is required for the
first twenty (20) children and one (1) additional space for up to each additional twenty
(20) children;
(5) The number of required off-street parking spaces may be reduced
provided the applicant can demonstrate that parking will not spill over into nearby
residential properties and any streets.
(6) Landscaping is provided meeting the minimum requirements for non-
residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining
residential properties: and
(7) The maximum height of a fence or wall within a front yard setback
may be increased up to six (6) feet provided it enhances safety and security of an outdoor
play area.
(f) Adaptive Reuse of Public and Semi-Public Buildin2s provided the
conditions set forth in BMC Section 20.46.070 are satisfied.
( g) Manufactured Home Park or Expansion of Existine Parks provided:
( 1 ) It is exempt pursuant to RCW 58.17.040 from requirements for
property segregation;
(2) The minimum site size shall be five (5) acres;
(3) Density shall meet the underlying zone:
(4) Adequate water. sewer. and utility services are available to all building
sites:
(5) A fire protection system meeting the requirements of the City Fire
Marshall is provided:
(6) Interior circulation shall meet the City Engineer road standards plus
the following standards:
(i) All interior circulation routes shall be constructed within a tract
or easement:
(ii) Roads and driveways shall be paved;
(iii) The City Fire Marshall and City Engineer shall approve all fire
turnarounds.
(7) The following setbacks shall apply to manufactured homes or mobile
homes. together with their additions and appurtenant structures. accessory structures. and
other structures on the site (excluding fences). excluding any hitch or towing fixture:
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(i) From interior roads at least Fifteen (15) feet from centerline of
the tract or easement, but in no case shall the setback be less than five (5)
feet from the paved surfaced edge;
(ii) Structures near the perimeter lot lines of the property shall
comply with the setbacks of the underlying zone;
(iii) A minimum of ten (10) foot separation between aU
manufactured homes.
(8) Off-street parking spaces shall be provided in the following manner:
(i) One (1) parking space per home site; plus
(ii) One (1) parking space for each five (5) home sites for guest
parking; plus
(iii) Additional parking spaces to provide for the parking needs of
offices, community buildings, recreational facilities, or other uses within
the park that may be used by park residents or others;
(9) Outside storage of vessels (boats ), household items and equipment is
prohibited, except a common central storage area may be provided for residents of the
park. The storage area shall be screened by a minimum (five) 5-foot high by (five) 5-foot
wide sight-obscuring barrier consisting of landscaping and fencing or wall, and shall
meet minimum setbacks of the underlying zone;
(10) Ten percent (10%) of the site shall be maintained as common
recreational open space for the use of residents and
(i) May include community areas and facilities such as
playgrounds, swimming pools, hobby and craft shops;
(ii) However, it shall not include required landscaping areas,
perimeter setback areas, parking areas, storage areas, building separation areas or
other areas deemed impractical by the Director for the recreational enjoy of the
residents;
(11 ) Trees meeting the standards set forth in BMC Chapter 20.50 shall be
provided along all property lines abutting a residential zone and public streets.
Exceptions for trees may be allowed when a property line abuts an alley or is obstructed
by a building or other structure;
(12) Adequate lighting to illuminate streets, driveways, and walkways for
the safe movement of pedestrians and vehicles is required; and
(13) All water, sewer, electrical, and communication service lines shall be
underground.
(h) Worship and Relieious Facilities ereater than 20.000 sQuare feet provided:
( 1 ) The site is located on a collector or higher street;
(2) The site area shall be one (1) acre or more; and
(3) Landscaping is provided meeting the minimum requirements for non-
residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining
residential properties.
(i) Golf Course provided:
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(1) A site plan review and a site development permit are approved
pursuant to BMC Chapter 20.58.
(2) Through the Conditional Use Permit modifications to parking and
landscaping may be allowed in order to facilitate good design;
(3) Access to the site shall be from an arterial street or highway: and
(4) Other conditions are applied as deemed necessary to mitigate impacts
to nearby residential properties and ensure compatibility with the neighborhood.
(j) Schools. Parks and Associated may be approved in accordance with the
following:
(1 ) The following uses are permitted through approval of a Conditional
Use Permit:
(i) All public schools and associated gymnasium and auditorium;
(ii) Private schools (K-12) with thirteen (13) or more students;
(iii) Parks and playgrounds greater than one-half (0.5) acres;
(iv) Outdoor Athletic Fields;
(v) Boat Launching and related facilities;
(vi) Maintenance & Service Yards;
(vii) Bus and other vehicle and equipment maintenance and storage
facilities;
(viii) Administrative office related to the facilities greater than 2,000
square feet gross floor area;
(ix) Buildings and Structures for nonprofit groups on public lands;
(2) Uses permitted pursuant to BMC Section 20.60.040(i)(1) shall be
subiect to complying with the following conditions:
(i) Front, side and rear yard setbacks of structures and outdoor
storage areas shall be at least thirty (30) feet;
(ii) Setbacks may be reduced for those portions of a structure
fronting interior streets;
(iii) Landscaping is provided meeting the minimum requirements
for non-residential uses prescribed in BMC Chapter 20.50. Additional
landscaping for screening purposes may be required if it is found necessary to
mitigate any impacts to adioining residential properties;
(iv) Additional measures may be required if deemed necessary to
mitigate any noise impacts to adiacent residential uses; and
(v) The maximum height of a fence or wall within a front yard
setback may be increased to six (6) feet provided it enhances safety and security
around an outdoor play area.
(k) Public Utility Facilities located above l!round provided:
(1) Landscaping is provided meeting the minimum requirements for non-
residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining
residential properties;
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(2) The maximum height of a fence or wall may be increased within a
front yard setback that will provide screening from adiacent uses and enhance safetv and
security around the facility: and
(3) Exceptions to setbacks may be allowed if the applicant can
demonstrate that the public interest is better served by allowing the modification.
(1) Law Enforcement and Fire Facilities provided:
(1) Landscaping is provided meeting the minimum requirements for non-
residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening
purposes may be required if it is found necessary to mitigate any impacts to adjoining
residential properties.
(2) The maximum height of a fence or wall may be increased within a
front yard setback that will provide screening from adiacent uses and enhance safety and
security around the facility.
(m) Neiehborhood Businesses provided:
(1) The use is listed as a permitted use in BMC Section 20.82.020:
(2) The use is a pre-existing use that has legally operated within the
previous twelve (12) month period: and
(3) The use is not expanded beyond its existing footprints.
(a) Bcd & Brcaliftist pro'/ided:
(1) The indi';idual or family who operates the facility must also
occupy the house as their primary residence;
(2) No more than one (1) Full Time Equivalent (FTE) person
employed by the bed and breakfast residence v/ho is not a resident of the dwelling;
(3) The facility is limited to a maximum of six (6) bedrooms available
for rent to guests. All guest rooms shall be contained within the principal structure;
(1) Tv;o (2) off street parking spaces, plus one (1) space per each
bedroom made available to guests, is required.
(5) The Director may reduce the number of required off street parking
spaces proyided the applicant can dcmonstrate that parking \vill not spill ovcr into the
neighborhood.
(6) No guest shall stay for more than fourteen (11) days within any
thirty (30) day period;
(7) The facility shall not be used for commercial receptions, parties, or
other public gatherings, or for the serving of meals to non resident guests for
compensation;
(8) The residential structures may be remodeled for the purpose of f!:
Bed & Breakfast provided the design changes remain residential in nature and the
structure is not altered in such a manner that would prevent the structure from being used
as a residence in the future;
(9) The Director may allow one sign up to eight (8) square feet to
advertise the Bed & Breakfast provided the sign is designed to match the architectural
features of the primary residential. structure.
(b) Greup Residential FcLCilitics Class! provided:
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,
,
,
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,
,
,
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. .
. . . .
,
. .
Low Density Residential
20.60 - 8 Council Package #5 RevieW
landscaping may be required if the Director deems it necessary to buffer any impacts to
adjoining residential properties;
(7) The Director may approve increasing the maximum height of a
fencel wall to 6 feet provided it enhance safety and security around the outdoor play area.
(f) A.dapu}'e Reuse of Public and Semi Public Buildings are allowed pursuant
to the conditions set forth in BMC Section 20.16.070.
(g) Mclnufactured Home Park or Expansion of Existing Parks provided:
(1) It is exempt pursuant to RCW 58.17.010 from requirements for
property segregation.
(2) The minimum site size shaH be five (5) acres.
(3) Density shall meet the underlying zone.
(1) ,'\dequate \-vater, sewer, and utility seryices are available to all
building sites.
(5) }.. fire protection system meeting the requirements of the City fire
Marshall is provided.
(6) Interior circulation shall meet the City road standards plus the
follo'vving standards:
(i) 1..11 interior circulation routes shall be constructed 'Nithin a
tract or easement;
(ii) Roads and driveways shall be paved with an all "'leather
surface. Gravel roads and dri'.'eways are not allov/ed;
(iii) The City fire Marshall shall approve all fire turnafOunds~
(7) The following setbacks shall apply to manufactured homes or
mobile homes, together v/ith their additions and appurtenant structures, accessory
structures, and other structures on the site (excluding fences), excluding any hitch or
tov.?ing fixture:
(i) From interior roads: 15 feet from centerline of tract or
easement, but in no case not less than five feet from the paved surfaced edge;
(ii) Structures near the perimeter lot lines of the property shall
comply with the setbacks of the underlying zone;
(iii) ,^.. minimum of ten (10) foot separation between all
manufactured homes.
(8) Off street parking spaces shall be provided in the following
manner:
(i) One (1) parking space per home site; plus
(ii) One (1) parking space for each five home sites for guest
parking; plus
(iii) I..dditional parking spaces to provide for the parking needs
of offices, community buildings, recreational facilities, or other uses within tho park that
may be used by park residents or others.
(9) Outside storage of yessels (boats), household items and equipment
is prohibited, except a common central storage area may be provided for residents of the
park. The storage area shall be screened by a minimum 5 foot high by 5 foot wide sight
obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum
setbacks of the underlying zone.
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(10) Ten (10) percent of the site shall be maintained as common
recreational open space for the use of residents. Recreational open space may include
community areas and facilities such as playgrounds, sv.dmming pools, hobby and craft
shops. It shall not include required landscaping areas, perimeter setback areas, parking
areas, storage areas, building separation areas or other areas deemed impractical by the
Director for the recreational enjoy of the residents.
(11) Trees meeting the standards set forth in BMC Chapter 21.02.710
shall be provided along all property lines abutting a residential ZOfle or public street. One
tree per each twenty five (25) lineal feet of property line is required. The Director may
allow exceptions when a property line abuts an alley or is obstructed by a building or
other structure.
(12) }..dequate lighting to illuminate streets, drive'.vays, and walkways
for the safe moveIIlCnt of pedestrians and vehicles is required.
(13) }..ll '.vater, se'.ver, electrical, and comllRlnication service lines shall
be underground.
(h) Religious Worship &: RclElwd F Elcilitics grcElwr thEl1'l 20,000 squElrc fcct
provided:
(1) Located on a collector or higher street;
(2) The minillRlm site area shall be no less than one (1) acre;
(3) Landscaping IIlCeting the minillRlm requirements for non
residential uses set forth in BMC Chapters 21.02.700 through 21.02.760. }..dditional
landscaping may be required if the Director deems it necessary to buffer any impacts to
adjoining residential properties.
(i) Golf Coursc. Site plan re'/iew pursuant to BMC Section 21.02.930 is
required. The purpose of the Conditional Use Permit is to allo'll modifications to
parking, landscaping, and other development requirements necessary to mitigate impacts
and ensure compatibility with the surrounding neighborhood. Golf Courses shall have
access provided from an arterial street or highway.
Schools, PElrks Elnd AssociEltcd FElcilitics: The follo'l/ing schools, parks and
associated facilities may be allo'lled by a Conditional Use Permit provided the proposal
meets the Criteria for .^..pproval:
. .'\11 public schools and associated gymnasium and auditorium:
. Private schools (K 12) with 13 or more students;
. parks and playgrounds greater than 0.5 acres;
. Outdoor .^..th1etic Fields; Boat Launching and related facilities
. Maintenance & Service Yards
. Bus and other vehicle and equipment maintenance and storage facilities
. .'\dministrative office related to the facilities if greater than 2,000 square
feet
. Buildings and Structures for nonprofit groups on public lands;
CritcriEl for A.pprm:ElI:
(1) Front, side and rear yard setbacks shall be increased to at least 30
feet. Setbacks may be reduced for structures located near interior streets.
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(2) Landscaping meeting the minimum requirements for non
residential uses set forth in BMC Chapter 21.02.700 through 21.02.760. .^..dditional
landscaping may be required if the Director deems it necessary to buffer any impacts to
adjoining residential properties.
(3) }..dditiona1 measures may be requirements if deemed necessary to
mitigate aRY Roise impacts to adjacent msidel'ltial uses.
The Director may approve increasing the maximum height of a fence! '.vall to 6
feet provided it enhafl:ce safety and security around the outdoor play area.
(k) Water, Se,'.'er, Storm Water aTui Utility Facilities located above ground
provided:
Landscaping
(2) The Director may approve modifications to the maximum height of
fence,' ':laIl that ',vill proyide screening from adjacent uses and enhance safety and
security around the facility.
(3) Exceptions to setbacks may be allowed whcre the applicant can
demonstrate that a public interest is proyided.
(1) Law Enforcement and Fir"C Facilities proyided:
(l) Landscaping meeting the minimum requirements for non
residential uses set forth in BMC Chapter 21.02.700 through 21.02.760. .^..dditional
landscaping may be required if the Director deems it necessary to buffer any impacts to
adjoining residential properties.
(2) The Director may approve modificatiofls to the maximum height of
fence! wall that will provide screening from adjacent uses and enhance safety and
security around the facility.
20.(JOJ)(JO PROHIBITED USES
Uses other than those identified under this chapter, unless specifically allowed
otherwise, are prohibited.
( c) Senior Housing Complex provided the conditions set forth in BMC Section
20.46.090 are satisfied.
20.(JO.070 DEVELOPl\fENT STANDARDS
(a) Lot development requirements shall be in accordance with the follO'.ying
standards unless allo'llod for by la'll othcr:/iso.
(1) Density.
(i) Maximum; 10 dwelling units per acre
(ii) Minimum 5 dwelling units per acre
(2) Setbacks.
(i) front yard setback. 15 feet
(ii) side yard setback. 5 feet
(iii) rear yard setback. 15 feet
(3) Lot area.
(i) Minimum. 1,300 square feet, except that within Planned
Unit Developments of ten acres and more and v/ithin the boundaries of a neighborhood or
district center as designated in the City of Bremcrton Comprehensive Plan, minimum lot
size is 3,000 squarc feet
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(ii) Maximum 8,712 square feet
( 1) Maximum height. 35 feet
(5) Maximum lot coverage. 60 percent
(b) Zero Lot Line (ZLL) development is al10v/ed along side property lines for
attached single family dv;elling units and! or detached garages provided the opposite side
yard setback is at least 10 feet. Zero Lot Line development along a rear property line is
allmved for attached single family dwelling units.
(c) The follo'l/ing standards shall apply to attached garages and detached
accessory structures.
(1) The maximum garage/carport (attached or detached) area shall be
500 square feet of gross floor area plus 10 percent of gross floor area of a principal
residential use, but not to exceed 1,000 square feet, provided that the size of anyone
garage/carport structure may be up to 2,000 square feet of gross floor area if the setback
from all property lines is increased 5 feet over the standard requirement for every 100
square feet of area over 1,000 square feet.
(2) Mmdmum area of all accessory structures, including attached and
detached garagcs, carports, barns, covered patios, cabanas, gazebos, and incidental
household storage buildings, excluding accessory dV/elling units per BMC 20.16.010, 50
percent of the gross floor area of the principal use or 500 square fect, whichever is
greater, subject to maximum lot coverage standards.
(3) Maximum height of detached accessory structures (including
garages). Not to exceed the hcight of the principal structure
( 1) Setback of detached accessory structures. Per 20.4 4 .060 BMC
(d) "\Vhen the garage 'v'ehicle door entrance faces the street, it shall have a
front yard setback of at least 20 feet, except as provided in BMC 20.11.020 (Traditional
Front Yard Setbacks).
(e) Parks and schools may exceed maximum lot area requirements if approved
through a Conditional Use Permit.
20.60.080 OFF STREET Pf...RKINC REQUIREl\fENTS
Off street parking shall be provided in accordance with Chapter 21.02.670.
20.60.090 Lf...NDSC\PINC REQUIREMENTS
Detached single family and attached single family dwellings are exempt from
landscaping requirc:rJJ:ents. All other use shall comply 'Nith the landscaping requirements
set forth in BMC Chapters 21.02.700 through 21.02.760.
20.60.060 DEVELOPMENT STANDARDS
(a) Lot Standards: Lot development requirements shall be in accordance with
BMC Section 20.60.060 and the following standards unless allowed for by law otherwise:
(1) Setbacks.
(i) Minimum front yard setback is fifteen (15) feet;
(ii) Minimum side yard setback is five (5) feet;
(iii) Minimum rear yard setback is fifteen (15) feet.
(2) Maximum structure height is thirty-five (35) feet:
(3) Minimum lot width is thirty (30) feet;
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(4) Maximum lot coverage is sixty percent (60% ).
(b) Zero Lot Line (ZLL) Development An attached sing1e-familvdwelling and/
or garage structure may have a single shared side or rear lot line, and a setback reduced to
zero provided the structure complies with building code fire separation requirements.
(c) Detached Structures: The following standards shall apply to attached garages
and detached accessory structures.
(1) The maximum garage/carport (attached or detached) area shall be five-
hundred (500) square feet of gross floor area plus ten percent (10%) of gross floor area of
a-the principal residential use, provided:
(i) The garage/carport does not exceed 1,000 square feet;
(ii) The square footage of anyone garage/carport structure may be
increased up to a maximum of 2,000 square feet of gross floor area if the setback from all
property lines is increased an additional five (5) feet over the minimum setback
requirement for each additional one-hundred (100) square feet of structure area exceeding
1 ,000 square feet.
(2) In addition to the requirements prescribed in BMC Section
20.60.060(c)(1 ), the maximum area of all accessory structures, including attached and
detached garages, carports, barns, covered patios, cabanas, gazebos, and incidental
household storage buildings, excluding accessory dwelling units per BMC Section
20.46.010, is fifty percent (50%) ofthe gross floor area ofthe principal use or five-
hundred (500) square feet, whichever is greater, subiect to maximum lot coverage
standards.
(3) Maximum height of detached accessory structures (including garages)
shall not exceed the height of the principal structure.
(4) Setback of detached accessory structures is pursuant to BMC Section
20.44.060.
(d) Gara2e Door Setbacks: When the garage vehicle door entrance faces the
street, it shall have a front yard setback of at least twenty (20) feet, except as provided in
BMC Section 20.44.020 (Traditional Front Yard Setbacks).
( e) Lot Area for Parks & Schools: Parks and schools may exceed maximum lot
area requirements if approved by a Conditional Use Perinit.
20.60.065 ALLOW ABLE DENSITY AND LOT AREA
The purpose of this Section is to establish compatible levels of density within
existing neighborhoods. The intent is to allow infill residential development at densities
equal to or slightly hi~her than existing residential densities in the vicinity, to encourage
neighborhood compatible infill over time. The following density and lot area standards
are applicable to development within the zone:
(a) Minimum Densitv: The minimum required density is five (5) dwellings per acre.
(b) Maximum Densitv: The maximum allowed density is subiect to neighborhood
compatibility and the neighborhood average lot area as determined in BMC Section
20.60.065(f), and the following corresponding density:
Neighborhood Maximum Density Allowed (Net)
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Average Lot Area: (Dwellings Per Acre):
(1) 7 .200 sq ft or greater 6
(2) 6.200 sq ft to 7 .199 sq ft 7
(3) 5.500 sq ft to 6.199 sq ft 8
(4) 5.000 sq ft to 5.499 sq ft 9
(5) Less than 5.000 sq ft 10
(c) Maximum Lot Area: The maximum lot area is 8.712 square feet. with the following
exceptions:
(1) The lot area may be modified through the approval of a Residential Cluster
Development pursuant to BMC Section 20.58.060;
(2) One (1) lot within a proposal for a division of land may exceed 8.712 square feet
provided the remaining lots do not exceed the 8.712 square feet maximum lot
size; and
(3) A Flag Lot that complies with the requirements in BMC Section 20.44.100 may
exceed the 8.712 square feet provided the total area ofthe Flag Lot does not
exceed 13.068 square feet.
(d) Minimum Lot Area: The minimum allowed lot area is subiect to neighborhood
compatibility and the neighborhood average lot area as determined in BMC Section
20.60.065(f). and the following corresponding lot area:
Neighborhood Minimum
Average Lot Area: Lot Area Allowed:
(1) 7 .200 sq ft or greater 7 .200 sq ft
(2) 6.200 sq ft to 7.199 sq ft 6.200 sq ft
(3) 5.500 sq ft to 6.199 sq ft 5.500 sq ft
(4) 5.000 sq ftto 5.499 sq ft 5.000 sq ft
(5) Less than 5.000 sq ft 4.300 sq ft
(e) Exception to Minimum Lot Areas:
(1) The minimum lot area may be modified through the approval of a Residential
Cluster Development pursuant to BMC Section 20.58.060. provided the
development complies with the maximum density requirement set forth in BMC
Section 20.60.065(b ).
(f) Determinine: Neie:hborhood Compatibility and Neie:hborhood A verae:e Lot Area:
New development is required to be compatible with the density of the surrounding
neighborhood. Compatibility is determined by calculating the average lot area of all
20.60 - 14 Low Density Residential
Council Package #5 Review
existing lots within three-hundred (300) feet from the outer boundaries of the site
sublect to the following standards:
(1) All lots greater than 8,712 square feet shall be rounded down to 8,712 square feet
to determine average lot area;
(2) The current platted and un-platted tax lot boundaries recorded with the Kitsap
County Assessor shall be used to determine average lot area;
(3) Flag Lots meeting the requirements in BMC Section 20.44.100 shall have their lot
area divided by one and one-half (1.5) to be used to determine lot area;
(4) All lots containing two (2) or more dwelling units (not including Accessory
Dwelling Units) shall be rounded down to 4,300 square feet to determine average
lot area;
(5) All lots with commercial, industrial, or special district zoning shall not be
included in the average lot area calculation.
20.60.066 Allowable Density and Lot Area in a Center
When a property zoned Low Density Residential, is located within an area
designated a Neighborhood or District Center by the Comprehensive Plan, the following
density and lot area standards apply:
(a) Minimum Density: The minimum required density is five (5) dwellings
per acre.
(b) Maximum Density: The maximum allowed density is fifteen (15)
dwellings per acre.
(c) Minimum Lot Area: The minimum allowed lot area is 3,000 square feet,
except as modified by the approval of a Residential Cluster Development pursuant to
BMC Section 20.58.060.
(d) Maximum Lot Area: The maximum lot area is pursuant to BMC Section
20.60.065( c ).
20.60.080 QFF-STREET PARKING REQUIREMENTS
Off-street parking shall be provided in accordance with the requirements set forth
in BMC Chapter 20.48.
20.60.090 LANDSCAPING REQUIREMENTS
Landscaping shall be provided in accordance with the requirements set forth in
BMC Chapter 20.50.
20.60.100 SIGN STANDARDS
Signs shall meet the standards of BMC Chapter 20.52 and the following:
20.60 - 15 Low Density Residential
Council Package #5 Review
(a) One (1) sign with a sign area of up to eight (8) square feet may be allowed to
advertise a permitted Bed & Breakfast provided it matches the architectural features of
the primary residence.
20.60 - l6 Low Density Residential
Council Package #5 Review
Chapter 20.62
COMMERCIAL CORRIDOR (CC)
SECTIONS:
20.62.010 Intent
20.62.020 Permitted Uses
20.62.040 Conditional Uses
20.62.060 Development Standards
20.62.070 Design Standards
20.62.080 Parking Requirements
20.62.090 Landscaping Requirements
20.62.100 Sign Standards
20.62.010 INTENT
The intent of the Commercial Corridor district is to provide locations for high
intensity commercial uses serving the entire community while preserving maritime views,
forested areas, and buffering impacts to adjacent residential areas. The corridor
accommodates access to businesses by automobile while also creating a pedestrian
friendly, transit supporting corridor.
20.62.020 PERMITTED USES
Permitted Uses include:
RetailThe following uses are permitted outright:
(a) The following uses provided they do not exceedffig 20,000 square feet ffi
gross floor area. Uses include the follov/ing and those uses as determined by section
20.62.010:~
(1) general merchandise
(2) grocery
(3) apparel and accessories
(4) eating and drinking establishments, including drive th..-u's.
(5) drug and proprietary
(1) Automobile service and repair excluding outdoor display areas for
cars, boats, or other vehicles:
(2) Community facility:
(3) Day care:
(4) Drinking place:
(5) Drive-through facility:
(6) Education and school:
(7) Entertainment use:
AA(8) Finance, insurance and real estate not exceeding 20,000 square feet
in gross floor area. Uses include the following and those uses as determined by section
20.62.010: ~
(1) finance depository institutions, non depository institutions, holding
companies, other investment companies, brokers and dealers in securities and commodity
contracts and security and commodity exchanges;
(2) insurance, including carriers of all types of insurance and insurance
agents and brokers;
20.62 - 1 Commercial Corridor
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(3) real estate, including owners, leasers, lessees, buyers, sellers, agents
and de'/elopers of real estate.
(9) Ser;ices not cxccedingGeneral office and business service;
(10) General retail;
(11) Medical office and clinic;
(12) Personal service;
(13) Physical fitness and health club;
(14) Restaurant;
(15) Senior center;
(b) Co-location of wireless telecommunications facilities per BMC Section
20.46.140.
(c) Hotel and lodging place;
(d) Museum and gallery;
(e) Non-motorized outdoor recreation facility;
(f) Public administration use;
(g) Residential as a secondary use.
20.62.040 CONDITIONAL USES.
The following uses may be permitted provided a Conditional Use Permit is
approved pursuant to BMC Section 20.58.020.
(a) Hardware and materials supply stores including garden supply. provided:
tet( 1) The structure( s) is less than 20,000 square feet ffi-of gross floor
area. Uses include the follov/ing and those uses uS determined by section 20.62.010: .>.
(2) Outdoor storage and product display shall be screened from view by
a solid fence or wall;
(3) No loading areas shall be located in a front yard or side yard
abutting or located across from a residentially zoned property; and
(4) Outside storage is limited to 5.000 square feet
(1) personal services such as: laundry, photo studios, beauty shops,
shoe repair and funeral service;
(2) consulting services, including: advertising agencies, travel agencies,
commercial art and computer programming engineering, accounting, research,
management and related services.;
(3) repair services, such as; radio, computer and TV repair;
( 1) educational services: establishments involved in academic and
technical instruction and libraries;
(1) senior center, neighborhood center, childcareand residential care;
ftB(b ) Gas stations and car washes, provided:
(1) No more than two QLpoints of ingress/egress are allowed per street
frontage. Ingress/egress points shall be separated laterally along the property frontage(s) in
accordance with City Engineering Requirements.
(2) Buffering is provided pursuant to the maximum possible TlIhile
meeting all other street standardsBMC Section 20.50.050. and City requirements.
Buffering is provided pursuant section(s) 21.02.700(a)(i)V..) and (B) BMC, except that
required berms, and/or in addition. trees at least ten (10) feet in height of 5 feet shall not
be less than 10 feet in height two Qlinch caliper, measured four (41 feet above ground; at
20.62 - 2 Commercial Corridor
PC Package #5 Public Hearing
time of planting and/or construction-;-, shall be included at intervals not greater than fifteen
( 15) feet.
(d) Hotels and lodging places;
(2) Medical uses not exceeding 20,000
(e) in gross floor area. Uses include the follO\ving and those uses as determined
by section 20.62.010:
(1) office and clinics of doctors, dentists, health practitioners, and
(2) veterinarian clinics, and
(3) medical laboratories;
(f) Physical fitness facilities and health clubs not exceeding 20,000 in gross
floor area;
(g) Video tape rental stores, excluding adult oriented businesses;
(h) Museums, art galleries and botanical and zoological gardens;
(i) Membership organizations such as elks lodges, masons, etc., not exceeding
20,000 in gross floor area;
CD N on motorized outdoor recreation facilities
(k) Public Uses, such as post office, satellite police stations and fire stations.
(1) Transportation facilities. Uses include the follmving and those uses as
determined by section 20.62.010:
(1) bus terminals,
(2) taxi cab services,
(3) tour operators,
( 1) other transportation services.
(m) Secondary residential uses. Secondary residential uses as defined in chapter
20.12 are permitted with a maximum density often units per acre.
(n) f.utomobile related uses, not exceeding 20,000 square feet in gross floor
area, excluding outdoor display areas for the sale of car, boat, RV and similar. Uses
include the following and those uses as determined by section 20.62.010:
(1) automobile parts store
(2) automobile services such as repair, detailing.
(0) Underground vlater, scwer, storm '.vater and utility facilities;
(p) Co location of wireless comIIHlnication per BMC 21.02.335;
20.<i2.030 CONDITION,\L USES.
Uses in the follO\ving categories may be permitted through a Conditional (Special)
Use Permit pursuant to chapter 21.02.905 BMC.
(b) Hardware Stores, pro'/ided:
(1) store includes less than 20,000 square feet of gross of floor space,
(2) Storage and product display shall be entirely inside an enclosed,
roofed structure,
(c) Building material and garden supply, proyided:
(1) Store is or less than 20,000 gross square feet of floor space,
(2) No loading areas shall be located in a front yard or side yard facing
residential uses.
(3) Outside storage is limited to 5,000 gross square feet or less of liye
plant materials,
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( 1) Lumber, masonry materials and any other non living product shall
be stored and displayed entirely inside an enclosed structure, and
(5) The use \vill not generate noise, odor, or '/ibrations impacts greater
than those usually generated by uses permitted outright in the zone.
(d) Home furnishings and equipment, provided:
(1) store is limited to 20,000 gross square feet of floor space,
m(3) No loading areas shall be located in a front yard or side yard facing
residential uses.
20.62.940 SIl\UL;'...R USE DETERl\UNATION
(a) "^illy proposed land use that is NOT listed in sections 20.62.020 or 20.62.030
abo'f'e may be permitted if, in the opinion of the Director, it is a use similar to a list-ed use.
(b) In such cases, and applicant: may request that the Director make a determination
of similar use. Such determination or denial of such, shall be made by the Director in \vriting.
(c) In making a determination of similar use, the Director shall consider scale,
visual impacts, traffic generation, relationship to surroundings, and any other factors which, in
the opinion of the director, influence andl{)r define the nature of the proposed use.
(d) If the Director finds that the proposed use is similar to a list-ed use, the use shall
be subject to aU standards, requirements and permitting processes to \vhich the listed use is
subject.
29.62.050 PROHIBITED USES
Uses other than those identified or described in Sections 20.62.020 and 20.62.030
of this chapter are prohibited except as may be allo\'/ed per section 20.62.010.
20.62.060 DEVELOPMENT STANDARDS
(a) More than one permitted principal use and accessory uses are allowed per
each lot.
M(a) Lot development shall be in accordance with the following standards, unless
allowed for otherwise by law';"~
(1) Maximum front yard setback;-: Five (52 feet. At least sixty-five
percent (65%) of the building's front fa<;:ade must meet the maximum front yard setback;
(2) Minimum side yard setback. None;: Zero (0) except as followst~
(i) Residential uses from R 1 0 abutting the low density
residential zone-;-: Ten (102 feet;
(ii) Non-residential uses from RlOabutting the low density
residential zone-;-: Sixty (602 feet;
(3) Minimum rear yard setback. NeaeZero (0); except as followst~
(i) Residential uses from RWthe Low Density Residential zone';"
: Ten (102 feet;
(ii) Non-residential uses from RWthe Low Density Residential
zone-;-: Sixty (602 feet;
(4) No maximum density for secondary residential uses.
t4}(5) Maximum let-building coverage. ~Fifty percent (50%) unless
increased per Subsection 20.62.060(e,Q). In no case shall maximum lot coverage exceed
seventy-five percent (75 percentqQ}
~(6) Maximum impervious surface area of all development on site.
coverage is seventy-five percent (75 percentqQ} unless increased J3efPer BMC section
20.62 - 4 Commercial Corridor
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---------- - ---_._-----~_.-
20.62.060(e!2.). In no case shall maximum lot coverage exceed ninety-five percent (95
percent% ).
(4t(7) Maximum height. Forty-five (45} feet, except that structures within
one hundred (100} feet of the RWlow density residential zone shall not exceed thirty-five
{35} feet in height.
(8) Maximum building heights within the Downtown Regional Center
are pursuant to Figure 20.74(a)., and shall supercede BMC Section 20.62.060(a)(7) above.
fet(b ) A development that provides the following may have its maximum let
coveragedevelopment and impervious surface area lot coverage increased by adding bonus
percentages to the maximum base area percentage provided the total does not exceed the
maximum allowed above7~
(1) Commercial/ Residential Mixed-Use Development: ~Twenty
percent (20%) bonus;
(2) Development containing seventy-five percent (75 percent %) of the
building footprint with three Qland four -ill story buildings: Ten percent (10 percent ~
bonus;
(3) Ten f-lGt-percent (10%) bonus if a sidewalk ten (10} feet in width or
greater is installed extending to the front of the building and continuing along the entire
arterial frontage of the parceb~
(4) Pedestrian through-corridor that provides pedestrian access to a
location approved by the Director: Five percent (5 percent %) bonus7~
(5) Fifty percent (50) percent %) of off-street parking is provided
underground or within a building designed for occupancy: ~Twenty percent (20%) bonus.
20.62.070 DESIGN STANDARDS
The following design standards shall be applied to all new development or
significant redevelopment of a site. When development involves the remodel or expansion
of existing structures, the Director may modify these requirements to reasonably fit the
scope and scale of the remodel or expansion.
(a) Bulk Reduction: At least two (2} of the following criteria shall be used to
reduce the appearance of mass and bulk of the fac;ade of all buildings facing public streets.
(1) Upper floor setbacks of not more than ten (10} feet provided the
setbacks are not applied to more than ~twenty-five percent (25%) of building fac;ades
facing a public street.
(2) One or more of the following techniques:
(i) recessing the entrance area at least three (34) feet.
(ii) an entrance area that protrudes at least three (3} feet.
(iii) a canopy, portico or overhang extending at least five (5} feet
over the sidewalk in the entrance area
(3) Buildings with at least five (5-}foot overhangs, awnings, canopies or
arcades elevated between eight (8} and twelve (12} feet above the sidewalk.
(4) Window fenestration. Windows shall occupy at least fifty percent
(50%~ of the ground floor facade -measured to ten (10} feet above the sidewalk or
finished grade.
(b) Sight-obscuring landscape buffering shall be provided along property lines
adjacent to GGcommercial corridor and R--lGLow Density Residential zones pursuant to
the standards set forth in BMC Chapter 21.02.700(a)(1)(i)(}.) or (B). Section 20.50.050(b).
20.62 - 5 Commercial Corridor
PC Package #5 Public Hearing
(c) Outdoor storage of all materials shall be prohibited except for nurseries,
which shall provide screening pursuant to 21.02.700(a)(1)(i)(.^..) or (B) BMG. Section
20.50.050(b ).
(d) Refuse containers
(1) Refuse container screening shall be required and be of a material
and design compatible with the overall architectural theme of the associated structure, shall
be at least as high as the refuse container, and shall in no case be less than six feet high;
(2) No refuse container shall be permanently stored between a street and
the front of a building;
(3) Refuse collection areas shall be designed to contain all refuse
generated on site and deposited between collections. Deposited refuse shall not be visible
from outside the refuse enclosure.
(e) Signage: Signs shall meet the requirements set forth in BMC 21.02.330,
except aJl free standing signs shall be limited to monument styles not more than 8 feet
maxillRlm height and not exceeding 60 square feet in sign area. Monument signs shall be
defined as a sign placed on a base of solid appearance equal to the width of the sign 'l/ith
no free space or other visual gap betv/een the base and sign face.
20.ll2.080 Pl\RKINC
On site parking shall be provided in accordance with Sections 21.02.580,
21.02.590, 21.02.600, 21.02.610, 21.02.620, 21.02.630, 21.02.610, 21.02.650, 21.02.670,
and 21.02.680 of this title, except that on site parldng shull be to the rear or to the side of
buildings on the site and shall not occupy more than 50% of the site frontage facing the
arterial street. Parking shall not be placed on street corners. Access to par1dng may be from
adjacent non arterial streets, or from dri'/ev/ays off of the arterial. Drive\vays pro','iding
access to parking area shall be well marked.
20.ll2.090 LANDSC\PINC
The landscaping requirements set forth in Chapters 21.02.690 through 710 BMC,
or as othorwise modified in this chapter, shall be satisfied.
20.62.080 PARKING REOUIREMENTS
On-site parking shall be provided in accordance with BMC Chapter 20.48. and the
following standards shall be met:
(a) On-site parking shall be to the rear or to the side of buildings on the site and
shall not occupy more than fifty percent (50%) of the site frontage facing the arterial street.
(b) Parking shall not be placed on street corners.
(c) Access to parking may be from adiacent non-arterial streets. or from
driveways off of the arterial.
(d) Driveways providing access to parking area shall be well marked.
20.62.090 LANDSCAPING REOUIREMENTS
The landscaping requirements set forth in BMC Sections 21.02.690 through 740. or
as otherwise modified in this chapter. shall be satisfied.
20.62.100 SIGN STANDARDS
Signage shall meet the standards of BMC Chapter 20.52. For freestanding signs
the maximum size and height standards of Figure 20.52(a) shall apply.
20.62 - 6 Commercial Corridor
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Chapter 20.64
WHEA TON WAY REDEVELOPMENT CORRIDOR (WWRC)
SECTIONS:
20.64.010 Intent
20.64.020 Outright Permitted Uses
20.64.040 Conditional Uses
20.64.060 Development Standards
20.64.070 Design Standards
20.64.080 Parking Requirements
20.64.090 Landscaping Requirements
20.64.100 Sign Standards
20.64.010 INTENT.
The intent of the Wheaton Way Redevelopment Corridor zone is to provide for
the transition over time of the corridor away from suburban style strip commercial
development. The WWRC zone seeks to create a mixed-use, high density, corridor that
will enable a full range of commercial uses oriented closer to the street, and medium to
high density residential uses above or on portions of larger sites away from the street
frontage. The zone seeks to balance the needs of automobile oriented businesses with a
desire to incorporate a more pedestrian oriented design approach. Introduction of
residential use within the corridor is intended, in part, to support high levels of transit
usage within the corridor. In addition, the WWRC zone seeks to provide adequate
transitions to less intense adjacent zone districts.
20.64.020 OUTRIGHT PERMITTED USES.
Permitted Uses include:
(a) Retail uses. Uses include the following and those uses as determined by
section 20.61.010:
(1) gencral merchandise, such as furniture, appliances, and sporting
geOO&
(2) grocery
(3) apparel and accessories
(1) eating and drinking establishments, including driyc th..ll'S.
(5) drug and proprietary
The following uses are permitted outright:
(a) All residential uses except Class II group residential;
(b) Automobile service and repair;
(c) Co-location of wireless telecommunications facilities per BMC Section
20.46.140;
(d) Community facility;
(e) Drinking places;
(f) Drive-through facility;
(g) Entertainment use;
AA(h) Finance, insurance and real estate;
(i) General office and business service:
20.64 - 1 Wheaton Way Redevelopment Corridor
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(j) General retail;
(k) Hotel and lodging place:
(1) Medical office and clinic:
(m) Museum and gallery:
(n) Park, playground and open space:
(0) Personal service:
(p) Physical fitness and health club:
(q) Public administration use:
(r) Restaurant:
(1) finance depository institutions, non depository institutions, holding
companies, other investment companies, brokers and dealers in securities and commodity
contracts and security and commodity cxchanges;
(2) insurance, including carriers of all types of insurance and
insurancc agents and brokers;
(3) real estate, including oV/ners, leasers, lessees, buyers, sellers,
agents and developers of real estate.
(c) Services. Uses include the follo'vving and those uses as determined by
section 20.6<!-.010:
(1) personal services: laundry, photo studios, beauty shops, shoe
repair and funeral senicc;
(2) consulting services, including: ad','ertising agencies, traycl
agencies, commercial art and computer programming engineering, accounting, research,
management and related services;
(3) repair services: radio and TV repair;
(1) educational services: establishments in','obed in academic and
technical instruction and libraries;
(5) social services: senior center, ncighborhood center, childcare and
residential carc;
(d) Hotcls and lodging places;
(e) Medical uses including, but not limited to, the follmving:
(1) office and clinics of doctors, dentists, health practitioners,
(2) veterinarian clinics, and
(3) medical1aboratorios;
(f) Physical fitness facilities and health clubs;
(g) Video tape rental stores, excluding adult oriented businesses;
(h) Museums, art galleries and botanical aad zoological gardens;
(i) Mombcrship organizations such as elks lodges, masons, etc.;
(j) Parks, playgrounds, outdoor recreation facilities
(k) Public f..dministration Uses, such as post office, satellite police stations
and fire stations.
(1) Transportation activities. Uses include the following and those uses as
determined by section 20.64.010:
(1) bus terminals,
(2) taxi cab services,
(3) tour operators,
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( 1) other transportation services.
(m) Residential uses. .\11 residential uses am permitt-cd ','lith a maximum
density of twelve units per acre.
(1) Residential uses shan be placed only on upper floors of mixed use
structures in ',yhich ground floors are occupied with non residential uses, except that on
sites in single ownership larger than three acres, single use residential structures are
permitted if screened from major arterials by mixed use structures or structures
containing other permitted non residential uses only. Such screening structures must not
be less than thirty five feet
(2) On sites in single ownership larger than three acres, residential
density may be increased to a maximum of 20 units per acre provided that;
(i) Site design pro'/ides for internal circulation connections for
both pedestrians and vehicles bet'lleen all portions of the site, and
(ii) landscaping and/or screening adjacent to a single family
zone district shall be provided per section 21.02.700(a)(1)(.'\&B), and
(iii) a transit stop with shelter is provided at the arterial street
frontage.
(n) .^..utomobile related uses, excluding gas stations, including but not limited
to the follo'Ning;
(1) automobile parts store
(2) automobile services such as repair, detailing, and similar
(0) Underground v/ater, seVier, storm '.vater and utility facilities;
(p) Co location of 'Nireless communication per BMC 21.02.335;
2{).(}4.(.}30 CONDITIONAL USES.
Uses in the follo':ling categories may be permitted through a Conditional
(Special) Use Permit pursuant to Chapter 21.02.905 BMC.
(a) Hardware Stores, proyided:
(1) store includes less than 20,000 square feet of gross floor space,
(2) Outside storage shall be entirely inside an enclosed structure,
(b) Building material and garden supply, provided:
(1) Store is less than 20,000 square feet of gross floor space,
(2) No loading areas shall be located in a front yard or side yard facing
residential uses.
(s) Co-location of wireless telecommunications facilities per BMC Section
20.46.140.
20.64.040 CONDITIONAL USES.
The following uses may be permitted provided a Conditional Use Permit is
approved pursuant to BMC Section 20.58.020:
(a) Hardware and materials supply stores including garden supply, provided:
(1) The structure is less than 20,000 square feet of gross floor area;
(2) Outside storage shall be entirely screened from view by a solid
fence or wall;
20.64 - 3 Wheaton Way Redevelopment Corridor
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(3) Outside storage is limited to 5,000 gross square feet or less of lfv:e
plant materials,
(1) Lumber, masonry materials and any other non living product shall
be stored and displayed entirely inside afl enclosed, roofed structure, and
(5) The use '.yill not generate noise, odor, or '/ibrations impacts greater
than those usually generated by uses permitted outright in the zone.
(c) Home furnishings and equipment, provided:
(1) store is limited to 20,000 gross square feet of floor space,
ffi(3) No loading areas shall be located in a front yard or side yard facing
residential uses.
AA(b) Gas stations and carwashes, provided
(1) No more than two points of ingress/egress allowed per street
frontage. Ingress/egress points shall be separated laterally along the property frontage(s)
to the maximum possible while meeting all other street standards and City requirements-;-;
(2) bufferingBuffering is provided pursuant to section(s)
21.02.700(a)(i)(f1) and (B) BMC, except that required berms, and/or trees Section
20.50.050, and in combination shall provide total '/isual screening to a height addition, ,
trees at least ten (10) feet in height of 5 feet shall not be less than 10 feet in height two ill
inch caliper, measured four (4} feet above ground, at time of planting and/or
construction-;-, shall be included at intervals no greater than fifteen (15) feet.
20.64.040 SI:MIL\R USE DETERl\HN"\TION
(a) "^.ny proposed land use that is NOT listed in sections 20.61.020 or 20.64.030
above may be permitted if, in the opinion of the Director, it is a use similar to a listed use.
(b) In such cases, and applicant may request that the Director malce a
determination of similar use. Such dotcrrnination or denial of such, shall be made by the
Director in vlriting.
(c) In making a dctcrmination of similar use, the Director shall consider scale,
visual impacts, traffic generation, relationship to surroundings, and any other factors which, in
the opinion of the Director, influence and/-or define the nature of the proposed use.
(d) If the Director finds that the proposed use is similar to a listed use, the use
shall be subject to all standards, requirements and permitting processes to '.yhich the listed use
is subject.
20.64.050 PROHIBITED USES.
Uses other than those identified or described in Sections 20.61.020 and
2002.61.030 of this chapter are prohibited except as may be allm,yed per section
20.61.010.
20.64.060 DIl\fENSIONAL ST"A...NDARDS.
.More than
20.64.060 DEVELOPMENT STANDARDS.
(a) Lot development shall be in accordance with the following standards,
unless allowed for otherwise by law:
(1) Maximum front yard setback is five (5) feet except that front yard
setback may be increased if the Director finds that such increase is necessary to
20.64 - 4 Wheaton Way Redevelopment Corridor
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accommodate pedestrian features per BMC Section 20.64.070 or equivalent. At least
sixty-five percent (65%) of the building's front fa~ade must meet the maximum front
yard setback;
(2) Minimum side yard setback is zero from non residential zones, and
thirty (30) feet from the low density residential zone;
(3) Minimum rear yard setback is zero from non residential zones, and
thirty (30) feet from the low density residential zone;
(4) Maximum development coverage. Fifty percent (50%) unless
increased per BMC Section 20.64.060(c). In no case shall maximum lot coverage exceed
seventy-five percent (75% );
(5) Maximum lot coverage. Seventy-five percent (75%) unless
increased per BMC Section 20.64.060(c). In no case shall maximum lot coverage exceed
ninety-five percent (95% );
(6) Maximum height. Forty (40) feet, except that structures within one
hundred (100) feet of the Low Density Residential zone shall not exceed thirty-five (35)
feet in height.
(a) Lot development shall be in accordance 'vVith the following standards,
unless allowed for otherwise by law.
(2) Maximum front yard setback. 5hundred feet except that front yard
setback may be increased if the Director finds that such increase is necessary to
accommodate pedestrian features per section 20.61.070 or equivalent.
(3) Minimum side yard setback. None from non residential zones, 30
ft from the RIO zone
(1) Minimum rear yard setback. None from non residential zones, 30 ft
from the RIO zone
(5) Maximum lot coverage. 50 percent unless increased per section
20.61.060(c). In no case shall maximum lot coycrage exceed 75 percent
(6) Maximum imperyious surface area of all deyclopmcnt on site. 75
percent unless increased per section 20.M.060(c). In no case shall maximum lot coyerage
exceed 95 percent
(7)Maximum height. 10 feet, except that structures v/ithin {100 feet} of the
RI010w density residential zone shall not exceed thirty five (35} feet in height.
fe.}(b ) A development that provides the following may have its maximum
development and lot coverage and impervious surface area increased by adding bonus
percentages to the maximum base area percentage provided the total does not exceed the
maximum allowed above~
(1) Commercia1/ Residential Mixed-Use Development: ~Twenty
percent (20%) bonus;
(2) Development containing seventy-five percent (75 percent %) of the
building footprint with three Ql.and four {1lstory buildings: Ten percent (10 percent qQJ.
bonus;
(3) Ten percent (10) percent %) bonus if a sidewalk ten (10} feet in
width or greater is installed extending to the front of the building and continuing along
the entire arterial frontage of the parcel:~
fdt(4) Projects providing a through-block corridor that facilitates
pedestrian access in a location approved by the city: five Qlpercent bonus';"~
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te)(5) Projects providing at least fifty percent (50%) of their required
parking underground or within the building: twenty percent (20%) bonus-;-.;.
(c) Maximum residential density. Twelve (12) units per acre, except on sites
in single ownership larger three (3) acres, residential density may be increased to a
maximum density of twenty (20) units per acre provided that:
(1) Site design provides for internal circulation connections for both
pedestrians and vehicles between all portions of the site;
(2) Landscaping and/or screening adiacent to a single-family zone
district shall be provided per BMC Section 20.50.040(c);
(3) A transit stop with shelter is provided at the arterial street frontage.
(d) Commercial uses shall be located within two-hundred (200) feet of the
arterial street frontage.
20.64.070 DESIGN STANDARDS
The following design standards shall be applied to all new development or
significant redevelopment of a site. When development involves the remodel or
expansion of existing structures, the Director may modify these requirements to
reasonably fit the scope and scale of the remodel or expansion.
(a) Bulk Reduction: At least two (2} of the following criteria shall be used to
reduce the appearance of mass and bulk of the fa~ade of all buildings facing public
streets.
(1) Upper floor setbacks of not more than ten (10} feet provided the
setbacks are not applied to more than ~twenty-five percent (25%) of building fa~ades
facing a public street.
(2) One or more of the following techniques:
(i) rccessingRecessing the entrance area at least three (34}
feet;
(ii) aflAn entrance area that protrudes at least three (3} feet;; or
(iii) a-A canopy, portico or overhang extending at least five (5}
feet over the sidewalk in the entrance area!.
(3) Buildings with at least five (5-lJoot overhangs, awnings, canopies
or arcades elevated between eight (8} and twelve (12} feet above the sidewalk.
(4) Window fenestration. Windows shall occupy at least fifty percent
(50%~ of the ground floor facade measured to ten (10} feet above the sidewalk or
finished grade.
(b) Residential uses shall be placed only on upper floors of mixed use
structures in which ground floors are occupied with non-residential uses, except that on
sites in single ownership larger than three (3) acres, single use residential structures are
permitted if screened from maior arterials by mixed use structures or structures
containing other permitted non-residential uses only. Such screening structures must
comprise at least sixty-five percent (65%) of the arterial frontage to a height of thirty-five
(35) feet.
AA(c) Sight.,obscuring landscape buffering shall be provided along property lines
adjacent to GGcommercial corridor and RR 1000w density residential zones pursuant to
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the standards set forth in BMC Chltpter 21.02.700(a)(1)(i)(.^..) or (B). Section
20.50.050(b ).
feted) Outdoor storage of all materials shall be prohibited except for nurseries,
which shall provide screening pursuant to 21.02.700(a)(1)(i)(.^..) or (B) BMC:. Section
20.50.050(b )..
@(e) Refuse containers-, provided:
(1) Refuse container screening shall be required and be of a material
and design compatible with the overall architectural theme of the associated structrtre,
shall be at least as high as the refuse container, and shall in no case be less than six @
feet high;
(2) No refuse container shall be permanently stored between a street
and the front of a building; and
(3) Refuse collection areas shall be designed to contain all refuse
generated on site and deposited between collections. Deposited refuse shall not be visible
from outside the refuse enclosure.
(e) Signage: Signs shall meet the requirements set forth in BMC 21.02.330,
except all free standing signs shall be limited to monument styles not more than 8 feet
maximum height and not exceeding 60 square feet in sign area. Monument signs shall be
defined as a sign placed on a base of solid ltppearance equal to the \yidth of the sign with
no free space or other ';isua1 gap bet\yeen the base and sign face.
20.64.080 P.'\RKINC.
On site parking shall be provided in accordance with Sections 21.02.580,
21.02.590, 21.02.600, 21.02.610, 21.02.620, 21.02.630, 21.02.640, 21.02.650, 21.02.670,
and 21.02.680 of this title, except that on site parldng shall be to the rear or to the side of
buildings on the site and shall not occupy more than 10% of the site frontage facing the
arterial street. Parking shall not be placed on street corners. .Access to parking may be
from adjacent non arterial streets, or from drivev/ays off of the arterial. Driveways
providing access to parking area shall be well marked.
20.64.080 PARKING REQUIREMENTS.
On-site parking shall be provided in accordance with BMC Chapter 20.48 and the
following standards shall be met:
(a) On-site parking shall be to the rear or to the side of buildings on the site
and shall not occupy more than forty percent (40% ) of the site frontage facing the arterial
street.
(b) Parking shall not be placed on street corners.
(c) Access to parking may be from adiacent non-arterial streets, or from
driveways off of the arterial.
(d) Driveways providing access to parking area shall be well defined, highly
visible entry-ways.
(e) On street parking shall be allowed to help satisfy parking requirements
provided paved street widths provide adequate room pursuant to city standards for on-
street parking.
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20.64.090 LANDSCAPING. REQUIREMENTS.
The landscaping requireffi0f1ts set forth in Chapters 21. 02.690 through
+4GLandscaping shall meet the standards of BMC Chapter 20.52, or as otherwise
modified in this chapter, shall be satisfied. -'-
20.64.100 SIGN STANDARDS.
Signage shall meet the standards of BMC Chapter 20.52. For freestanding signs
the maximum size and height standards of Figure 20.52(a) shall apply.
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Chapter 20.66
NEIGHBORHOOD CENTER CORE (NCC)
SECTIONS:
20.66.010 Intent
20.66.020 Permitted Uses
20.66.050 Prohibited Uses
20.66.060 Development Standards
20.66.070 Design Standards
20.66.080 Parking Requirements
20.66.090 Landscaping Requirements
20.66.100 Sign Standards
20.66.010 INTENT
The intent of the Neighborhood Center Core (NCC) zone is to establish base
threshold standards for the central core of neighborhood centers that preserve future
opportunity for full realization of the centers concept. The NCC designation assumes that
future amendments to the zone code will more fully implement the centers intent.
20.66.020 PERMITTED USES
Permitted Uses include:
(a) Bed and Breakfast;
(b) Co-location of wireless telecommunications facilities per BMC Section
20.46.140;
(c) Community facility;
(d) Drinking place;
(e) Entertainment use;
(f) Finance, insurance and real estate-:-
(g) General office and business service;
(h) General retail;
(i) Hotel and Lodging Place containing ten (10) or fewer guest rooms;
U) Medical office and clinic;
(k) Museum and gallery;
(1) Park, playground and open space;
(m) Personal service;
(n) Public administration;
(0) Transportation facility;
(p) Residential as a secondary use;
(q) Restaurant;
(r) Transportation facility.
() Retail uses. Preferred retail activities are those that promote a shopping
experience for pedestrians and can accommodate design that is easily integrated into the
Zone's mixed use vision. Uses include, but are not limited to:
(0) general merchandise;
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(0) food;
(0) appai"cl and accessories;
(0) eating and drinking establishments;
(0) drug and proprietary;
(0) shopping goods stores.
f.a.t(s) Preferred uses ioc1uoo finance, iftSW".af.l.oo.arlu r~ estate sertieing needs of
surrounding neighborhood and community residents. Such uses v/ill haye a design that
promotes the immediately surrounding mixed use center. Such uses include, but are not
limited to:;
(1) finance depository institutions, non depository institutions, holding
companies, other inyestment companies, brokers and dealers in securities and commodity
contracts and security and commodity exchanges;
(2) insurance, including carriers of all types of insurance and insurance
agcnts and brokers;
(3) real estate, including owners, leasers, lessees, buyers, sellers,
agents and deyelopers of real estate.
(b) Ser/ices. Preferred service uses are establishments primarily engaged in a
variety of scrvices for indiyiduals, business and government establishments and other
organizations and ha'le a design promoting the service needs of the mixed uses 'Nithin the
center. Uses include, but are not limited to:
(1) personal services: laundry, photo studios, beauty shops, and shoe
repaIr;
(2) business services: advertising agencies, commercial art and
computer programming;
(3) repair services: radio and TV repair;
( 1) video tape rental stores;
(5) amusement and recreation: physical fitness facilities and health
effibst
(6) health services: office and clinics of doctors, dentists, health
practitioners, veterinarian clinics and medical laboratories;
(7) educational services: establishments involved in academic and
technical instruction and libraries;
(8) soeial services: senior center, comIlRmity center, and childcare;
(9) museums, art galleries and botanical and zoological gardens;
(10) membership organizations;
(11) professional sCi"vices, engineering, accounting, research,
management and related services;
(12) parks, playgrounds, outdoor recreation facilities.
(c) Public }..dministration Uses. Preferred public administration uses are those
promoting the mixed use of the center by seryicing the residents of the center and
surrounding neighborhood. Uses include, but are not limited to activities such as post
office, satellite police stations and fire stations.
(d) Community uses including libraries, youth and/or teen centers, senior
centers, and community centers.
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(e) Transportation activities. Preferred uses are transportation activities
which promote a llli:l1timoda1 environment or can be easily integrated into the mixed use
vision for the center. Uses include, but are not limited to:
(1) transit stops;
(2) transportation services;
(3) travel agencies.
(f) Residential uses. Residential uses shall be placed only on upper floors of
mixed use structures in '.vhich ground floors are occupied v/ith non residential uses.
There shall be no limit to residential density except as provided by meeting stondards and
guidelines in sections 20.66.050 and 20.66.060 below.
20.66.030 SIMILf...R USE DETERl\UN,\TION
(a) ,^..ny proposed land use that is NOT listed in section 20.66.020 above may be
permitted if, in the opinion of the Director, it is a use similar to a listed use.
(b) In such cases, and applicant may request that the Director make a
determination of similar use. Such determination or denial of such, shall be made by the
Director in v/riting.
(c) In malting a det-ermination of similar use, the Director shall consider scale,
'/isual impacts, traffic generation, relationship to surroundings, and any other factors which, in
the opinion of the director, influence andlor define the nature of the proposed use.
(d) If the Director finds that the proposed use is similar t{) a list-ed use, the use
shall be subject to all standards, requirements and permitting processes to which the listed use
is subject.
20.66.050 PROHIBITED USES
(a) Drive-through lanes.
(a) Uses other than those identified or described in section 20.66.020 of this
chapter are prohibited except as may be allowed per section 20.66.030.
(b) Drive th..lllanes such as bank and fast food lanes that seryice customers are
not permitted.
20.66.050 DIMENSIONAL ST AND,A...RDS
(a) Front yard setback. No minimum front yard setback. The maxillli:lm front
yard setback shall be ten feet.
(b) Side yard setback. No minillli:lm side yard setback. The maxillli:lm side
yard setback shall be ten feet.
(c) Rear yard setback. No maxillli:lm rear yard setback. There shall be no
minimum rear yard setback, except that the rear setback from the RIO zone shall be 20
feet.:.
(d) Maxillli:lm building coverage: 60% base maxillli:lm, provided that through
the use of any combination of the follov.ring, building coverage may be increased up to
85% maximum.
(1) Projects containing mixed uses: tv/enty percent bonus.
(2) Projects with two or three story building: ten perccnt bonus.
(3) Projects providing a pedestrian oriented plaza or area of at least
one hundred fifty square feet along a pedestrian v/alkv/ay at an intersection corner, bus
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stop or other key pedestrian area appro'led by the city. Such areas shall contain seating
for at least four people, a trash receptacle and three or more of the following: a pedestrian
shelter, a drinking fountain, a bilee rack, pedestrian scale lights, pavers on the walley/ay
surfaces, a kiosk, a street vendor station providing food or beverages, trees, a statue or
sculpture, or a public restroom. Interior courtyards v/ith these amenities qualify if they
\vou1d be readily apparent and accessible to pedestrians on adjoining sidev/alks: ten
percent bonus.
(4) Projects providing a through block corridor that facilitates
pedestrian access in a location approved by the city: five percent bonus.
(5) Projects pro';iding at least fifty percent of their required parking
underground or within the building: twenty percent bonus.
(e) Maximum development coverage: Maximum coverage by impervious
surfaces 75%, provided that through the use of any combination of the mechanisms listed
in subsection 20.66.050(d)(1 5) above, up to 95% maximum deyelopment coycrage may
be allowed.
(f) Building height: 35 feet.
20.(j(j.()(jO L\RCHITECTURLA,.L LA,.ND SITE
20.66.060 DEVELOPMENT STANDARDS
(a) Front yard setback. No minimum front yard setback. The maximum front
yard setback shall be ten (10) feet. At least eighty percent (80%) ofthe building's front
fayade shall meet the maximum front yard setback.
(b) Side yard setback. Zero (0), except ten (10) feet where abutting the low
density residential zone.
(c) Rear yard setback. Zero (0), except ten (10) feet where abutting the low
density residential zone.
(d) There is no maximum density for residential as a secondary use..
(e) Maximum building coverage: Sixty percent (60%) base maximum,
provided that through the use of any combination of the following, building coverage
may be increased up to eighty-five percent (85%) maximum.
(1) Proiects containing mixed uses: twenty percent (20%) bonus.
(2) Proiects within two (2) or three (3) story building: ten percent
(10%) bonus.
(3) Proiects providing a pedestrian oriented plaza or area of at least
one hundred fifty (150) square feet along a pedestrian walkway at an intersection corner,
bus stop or other key pedestrian area approved by the city. Such areas shall contain
seating for at least four (4) people, a trash receptacle and three (3) or more of the
following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian scale lights,
pavers on the walkway surfaces, a kiosk, a street vendor station providing food or
beverages, trees, a statue or sculpture, or a public restroom. Interior courtyards with these
amenities qualify if they would be readily apparent and accessible to pedestrians on
adioining sidewalks: ten percent (10%) bonus.
(4) Proiects providing a through-block corridor that facilitates
pedestrian access in a location approved by the city: five percent (5%) bonus.
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(5) Proiects providing at least fifty percent (50%) of their required
parking underground or within the building: twenty percent (20%) bonus.
(f) Maximum development coverage: Maximum coverage by impervious
surfaces seventy-five (75%), provided that through the use of any combination of the
mechanisms listed in BMC Sections 20.66.060(d)(1-5) above, up to ninety-five percent
{95%) maximum development coverage may be allowed
(g) Maximum building height: thirty-five (35) feet.
20.66.070 DESIGN STANDARDS
(a) Building Design. The following guidelines apply to mixed-use, and
commercial structures only;
(1) To enhance the pedestrian environment, commercial uses shall
include large windows, along any ground floor fa<;ade facing the public sidewalk or
sidewalks providing circulation within a site. Windows shall allow views into interior
building spaces. At least seventy-five percent (75%~ of all such facades, measured to
ten ilQlJeet above the sidewalk or surface grade, shall be comprised of such windows.
(2) At least one ill of the following amenities shall be required along
any ground floor facade facing the public sidewalk; outdoor eating areas, street furniture
such as benches, bike racks and trash receptacles, p1antings in window boxes, public art,
or public display cases, kiosks, or boards.
(3) Building entrances shall be easily identifiable from the street and
sidewalks. This may be accomplished by
(i) ornamentation and/or architectural detailing around the
door, and
(ii) one or more of the following techniques:
a. recessingRecessing the entrance area at least three
(34) feet.
b. tffiAn entrance area that protrudes at least three (3}
feet.
c. aA canopy, portico or overhang extending at least
five (5} feet over the sidewalk in the entrance area
(4) Bulk. Building modulation shall be used to reduce the appearance
of mass and bulk of the structure. This can be achieved by utilizing any combination of at
least two the following;
(i) Setback of upper floors by at least ten ( 10} feet. However,
such setbacks shall not be applied to more than fifty percent (50%~ of a facade facing a
major arterial.
(ii) recessed or protruding doorways per section 3b above.
(iii) overhangs awnings, canopies, or arcades between eight (8}
and twelve (12} feet above the sidewalk.
(iv) window fenestration per sectionBMC Section
20.66.060(a)(1) above.
(5) Building size. Structures shall not exceed 20,000 square feet in
ground floor area.
(6) Blank facades. Building facades shall not present a blank fa<;ade to
view from public rights-of-way, common parking areas, or residential properties. Such
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facades may be broken by windows, trellises, columns, variations in plane, or other
devices that add variation and interest to the facade.
(7) Structures at the intersection of two 12l.arterial streets shall include
a significant architectural feature at the building comer that provides visual emphasis at
the corner. This may be accomplished in one or more of the following ways;
(i) The inclusion of a major entryway at the corner. Such
entryways must be marked by an awning, recessed area, colonnade, or other architectural
feature that defines the entry.
(ii) The inclusion of a building element the height of which
varies from the remainder of the building by at least ten percent (1 O%-:-% ).
(iii) A plaza at the corner that includes a fountain, artwork, or
planting of at least ten (10} feet in height.
(b) Site Design. In addition to other guidelines provided in this Chapter, site
design shall meet the following requirements-;-~
(1) Retail structures shall not be set back more than ten ( 10} feet from
the public right-of-way. In addition, retail structures shall be either mixed use structures
with residential or office uses above or be constructed so as to allow future addition of at
least one additional story containing residential or office uses.
(2) Street Trees shall be provided within the front yard setback or in
the sidewalk along any facade facing a major arterial. Trees placed in the sidewalk shall
be provided with street grates at the sidewalk level providing a continuous walking
surface to within six ( 6} inches of the tree base. Trees shall be spaced per section
21.02.71(c)(3)BMC Chapter 20.50 BMC and be; of a species appropriate for location
near or in sidewalks; of a species allowing pruning of lower branches in a manner
necessary to keep the sidewalk clear of obstruction to a height of at least six ( 6} feet; and
capable of attaining at least twenty .aQLfeet in height at maturity. Trees shall not be less
than two (2} inch caliper at time of planting.
(3) Circulation. Clearly defined pedestrian and vehicle circulation
routes shall be provided such that all portions of the site are linked.
(4) Storage. Outside storage of any kind is prohibited with the
exception of garbage cans and/or dumpsters. Garbage cans and dumpsters and shall be
placed in an enclosure as per BMC-;- Section 20.46.140. No garbage enclosure shall be
permitted between a street and the front of a building;
20.66.0+0080 PARKING REQUIREMENTS
Parking in the NCC zone shall meet the requirements of chapter 20.18 BMC
except as follows:
Parking shall meet the standards of BMC Chapter 20.48 and the following
requirements:
(a) For non-residential uses, the minimum parking requirement is one ill
space per employee, plus one Qlhandicapped accessible space-;-;
(b) On site parking for non-residential uses shall not exceed one Qlspace per
three hundred 300 square feet of floor area-;-;
(c) On-site parking shall be to the rear of buildings facing the arterial street
(d) Access to parking shall be provided from the adjacent public facilities per
the following priority~~
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(1) First, from an alley if available':"~
(2) If an alley is not available, from a non-arterial street, if available':".;.
(3) If neither an alley nor a non-arterial street are available, from an
arterial.
Project applicants shall be required to demonstrate to the satisfaction of the City
that access design has been considered with the following priorities. The applicant and
shall demonstrate that the proposed access is provided from the highest priority facility
per the above list.
(e) Driveways providing access to parking shall be well marked.
(f) Reduction in number of required parking spaces. The Director may reduce
the number of required parking spaces on a site by up to ten .Q.QL when a remodel,
expansion, alteration, or change in the use or tenancy of an existing building occurs,
provided:
(1) For sites with multiple uses or structures, the reduction shall be
applied to the entire site and not to individual uses.
(2) When a use is non-conforming to the required number of off-street
parking spaces, it shall not be allowed to reduce the number of existing spaces.
20.66.GSOO90 LANDSCAPING REQUIREMENTS
The landscaping requirements of Chapter 20.50 BMC shull be satisfied.
Landscaping shall meet the standards of BMC Chapter 20.50.
20.66.100 SIGN STANDARDS
Signs shall meet the standards of BMC Chapter 20.52. For freestanding signs the
maximum size and height standards of Figure 20.52(a) shall apply.
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~
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\
Chapter 20.70
DISTRICT CENTER CORE (DCC)
SECTIONS:
20.70.010 Intent
20.70.020 Outright Permitted Uses
20.70.050 Prohibited Uses
20.70.060 Dimensional Standards
20.70.070 Design Standards
20.70.080 Parking Requirements
20.70.090 Landscaping Requirements
20.70.100 Sign Standards
20.70.010 INTENT.
The intent of the District Center Core (DCC) zone is to establish base threshold
standards for district centers that preserve future opportunity for full realization of the
centers concept. The DCC designation assumes that future amendments to the zone code
will more fully implement the centers intent.
20.70.020 OUTRIGHT PERMITTED USES..
Permitted Uses include: The following uses are permitted outright:
(a) Bed and breakfast:
(b) Co-location of wireless telecommunication facility per BMC Chapter
20.46.140:
(c) Community facility:
(d) Day care facility:
(e) Drinking place:
(f) Entertainment use:
(g) Finance. insurance and real estate:
(h) General office and business services:
(i) General retail:
(j) Group residential facilities class 1:
(k) Hotel and lodging place:
(1) Medical office and clinic:
(m) Motion picture theatre:
(n) Museum and gallery:
(0) Nursing / convalescent home:
(p) Park playground and open space:
(q) Personal services business:
(r) Physical fitness and health club:
(s) Public or private park. playground or open space:
(t) Public administration:
(u) Residential as a secondary use:
(v) Restaurant:
(w) School and education:
(x) Senior housing complex
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(y) Transportation facility
(a) RetailThe following uses. Preferred retail activities are those that promote
a shopping experience for pedestrians and can accommodate design that is easily
integrated into the Zone's mixed use vision. Retail uses include, but are not limited
to: permitted outright:
(1) general merchandise;
(2) food;
(3) apparel and accessories;
( 1) eating and drinking establishments;
(5) drug and proprietary;
(6) shopping goods stores.
~(z) Finance, insurance and real estate. Preferred uses include finance,
insurance and real estate servicing needs of surrounding neighborhood and community
residents. Such uses will have a design that promotes the immediately surrounding
mixed use center. Such uses include, but are not limited to:~
(1) finance depository institutions, non depository institutions, holding
companies, other investment companies, brokers and dealers in securities and commodity
contracts and security and commodity exchanges;
(2) insurance, including carriers of all types of insurance and insurance
agents and brokers;
(3) real estate, including OVlllers, leasers, lessees, buyers, sellers,
agents and developers of real estate.
(c) Services. Preferred service uses are establishments primarily engaged in a
variety of services for individuals, business and gO'v'ernment establishments and other
organizations and have a design promoting the seryice needs of the mixed uses 'Nithin the
center. Preferred service uses include, but are not limited to:
(1) hotels and lodging places;
(2) pcrsonal services: laundry, photo studios, beauty shops, shoe
repair and funeral service;
(3) business seryices: advertising agencies, commercial art and
computer programming;
( 1) repair services: radio and TV repair;
(5) motion picturcs: theaters and '{ideo tape rental stores;
(6) amusement and recreation: physical fitness facilities and health
~
(7) health services: office and clinics of doctors, dentists, health
practitioners, veterinarian clinics and medica11aboratories;
(8) educational services: establishments in'v'ol'{ed in academic and
technical instruction and libraries;
(9) social ser/ices: senior center, community center, and childcare;
(10) residential care;
(i) residential care, including;
a. }..dult Family Home
b. Group Residential Facility I
c. Senior Housing Complex
20.70 - 2 District Center Core
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d. Nursing ,I Conya1escent Homes
o. Day Care Facilities
(11) museums, art galleries and botanical and zoological gardens;
(12) membership organizations;
(13) professional seryices, engineering, accounting, research,
management and related services;
(11) parks, playgrounds, outdoor recreation facilities.
(d) Public /\dministration Uses. Preferred public administration uses are those
promoting the mixed use of the center by servicing the residents of the center and
surrounding neighborhood. Uses include acti'v'ities such as a post office, satellite police
stations and fire stations.
(e) Community uses, including but not limited to; libraries, youth and/or teen
centers, senior centers, and community centers.
(aa) "-
Transportation activities. Preferred uses are transportation actiyities 'vvhich
promote a multi modal enyironment or can be easily integrated into the mixed use yision
for the center. Such uses include, but are not limited to:
(1) transit stops;
(2) taxi cab services;
(3) transportation services;
(4) travel agencies.
(g) Residential uses. Residential uses shall be placed oflly on upper floors of
mixed use structures in '.vhich ground floors are occupied "'lith non residential uses.
There is no limit for residential density, except as indicated through compliance with
guidelines in sections 20.70.050 and 20.70.060.
-
20. 70.030 SIMJLAR USE DETER1\HNt...TION.
(a) ,^JlY proposed land use that is NOT listed in section 20.70.020 above may be
perrnitt-ed if, in the opinion of the Director, it is a use similar to a list-cd use.
(b) In such cases, and applicant may request that the Director make a
det-ermination of similar use. Such determination or denial of such, shall be made by the
Director in writing.
(c) In making a determination of similar use, the Director shall consider scale,
visual impacts, traffic generation, relationship to surroundings, and any other factors which, in
the opinion of the director, influence and/{)f define the naMe of the proposed use.
fyt(bb) (d) If the Director finds that the proposed use is similar to a listed use, the
use shall be subject to all standards, requirements and permitting processes to 'lIhich tho listed
use is subjectfaci1ity.
20. 70.0~04--PROHIBITED USES.
(a) Drive-through lanes.
(a) Uses other than those identified or described in section 20.70.020 ofthis
chapter are prohibited except as may be allmved per section 20.70.030.
(b) Dri'v'e th..lllanes such as bank and fast food lanes that service customers are
not permitted.
20.70 - 3 District Center Core
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20. 70.0S0 DIMENSIONLA,.L ST f....NDL\RDS.
Building size 'Hill be based on sections (a) (g) below.
(a) Lots may contain more than one use and will be a shape, size and design
appropriate to the zone and intended uses as determined by the city.
(b) Fwnt yard setback. No minimum front yard setback. The maximum front
yard setback from a public street shall be ten feet.
(c) Side yard setback. None from non residential zones, 10ft from residential
reBe&:-
(d) Rear yard setback. None from non residential zones, 10ft from residential
reBe&:-
(c) Maximum building coverage: 60% base maximum, provided that Drive
through the use of any combination of the following, building cO'lerage may be increased
up to 85% maximum.
(1) Projects containing mixed uses: ten percent bonus.
(2) Projects ':lith three or four story building: ten percent bonus.
(3) Projects providing a pedestrian oriented plaza or area of at least
one hundred fifty square feet along a pedestrian 'vYalkway at an intersection corner, bus
stop or other key pedestrian area appro';ed by the city. Such areas shall contain seating
for at least four people, a trash receptacle and three or more of the following: a pedestrian
shelter, a drinking fountain, a bike rack, pedestrian scale lights, pa'/ers on the walky/ay
surfaces, a kiosk, a street ';endor station providing food or beverages, trees, an
appropriately sizcd statue or sculpture, or a public restroom. Interior courtyards \vith
these amenities qualify if they would be readily apparent and accessible to pedestrians on
adjoining side''va1ks: tv/enty percent bonus.
(1) Projects providing a through block corridor that facilitates
pedestrian access in a location approved by the city: five percent bonus.
(5) Projects providing at least fifty percent of their required parking
underground or within the building: twenty percent bonus.
(f) Maximum development co'/erage: Maximum coverage by impervious
surfaces 75 %, provided that through the use of any combination of the mechanisms
listed in subsection 20.70.060(E)(1 5) above, up to 95% maximum development
coverage may be allowed.
(g) Building height: 50 fcctlancs.
20. 70.0()O L\RCHITECTURA,.L ,A,.ND SITE 20.70.060
DEVELOPMENT STANDARDS.
Lot development shall be in accordance with the following unless allowed for
otherwise by law:
(a) Front yard setback. No minimum front yard setback. The maximum front
yard setback is ten (10) feet. At least eighty percent (80%) of a building's front fayade
shall meet the maximum front yard setback.
(b) Side yard setback. Zero (0) from non-residential zones, and ten (10) feet
from the low density residential zone.
(c) Rear yard setback. Zero (0) from non-residential zones, and ten (10) feet
from the low density residential zone.
20.70 - 4 District Center Core
Council Package #5 Review
(d) There is no maximum density for residential as a secondary use.
(e) Maximum building coverage: Sixty percent (60%) base maximum,
provided that through the use of any combination of the following, building coverage
may be increased up to eighty-five (85%) maximum.
(1) Proiects containing: mixed uses: ten percent (10%) bonus.
(2) Proiects with three (3) Qf four (4) story building: ten percent (10%)
bonus.
(3) Proiects providing a pedestrian oriented plaza or area of at least
one hundred fifty (150) square feet along a pedestrian walkway at an intersection comer,
bus stop or other key pedestrian area approved by the city. Such areas shall contain
seating for at least four (4) people, a trash receptacle and three (3) or more of the
following: a pedestrian shelter, a drinking fountain, a bike rack, pedestrian scale lights,
pavers on the walkway surfaces, a kiosk, a street vendor station providing food or
beverages, trees, an appropriately sized statue or sculpture, or a public restroom. Interior
courtyards with these amenities qualify if they would be readily apparent and accessible
to pedestrians on adioining sidewalks: twenty percent (20%) bonus.
(4) Proiects providing a through-block corridor that facilitates
pedestrian access in a location approved by the city: five percent (5%) bonus.
(5) Proiects providing at least fifty percent (50%) of their required
parking underground or within the building: twenty percent (20%) bonus.
(f) Maximum lot coverage: Maximum lot coverage by impervious surfaces,
seventy-five (75 %) maximum, provided that through the use of any combination of the
mechanisms listed in BMC Section 20.70.060(E)(1) through (5) above, up to ninety-five
(95%) maximum development coverage may be allowed.
(g) Maximum building height: 50 feet.
20.70.070 DESIGN STANDARDS.
(a) Building Design.
(1) To enhance the pedestrian environment, commercial uses shall
include large windows, along any fa9ade facing the public sidewalk or sidewalks
providing circulation within a site. Windows shall allow views into interior building
spaces. At least seventy-five percent (75%~ of all such facades, measured to ten QQl
feet above the sidewalk or surface grade, be comprised of such windows.
(2) At least one liof the following amenities shall be required along
building facades facing the public sidewalk; outdoor eating areas, street furniture such as
benches, bike racks and trash receptacles, p1antings in window boxes.
(3) Building entrances shall be easily identifiable from the street and
sidewalks. This may be accomplished by:
(i) ornamentationOrnamentation and/or architectural detailing
around the door, and
(ii) efle-One (1 ) or more of the following techniques:
a. recessing the entrance area at least three (34) feet:
b. an entrance area that protrudes at least three (3}
feet';"~
c. a canopy, portico or overhang extending at least
five (5} feet over the sidewalk in the entrance area.
20.70 - 5 District Center Core
Council Package #5 Review
(4) Bulk. Building modulation shall be used to reduce the appearance
of mass and bulk of the structure. This can be achieved by utilizing any combination of at
least two (2) of the following:
(i) Setback of upper floors by at least ten ( 101 feet. However,
such setbacks shall not be applied to more than fifty percent (5o.%~ of a facade facing a
major arterial.
(ii) rcccssedRecessed or protruding doorways per section BMC
Section 20.70.070(3)(iii) above.
(iii) overhangsOverhangs awnings, canopies, or arcades
between eight (81 and twelve (121 feet above the sidewalk.
(iv) 'NindowWindow fenestration per soctionBMC Section
20.70.060(a)(1) above.
(5) Blank facades. Building facades shall not present a blank fa<;ade to
view from public rights-of-way, common parking areas, or residential properties. Such
facades may be broken by windows, trellises, columns, variations in plane, or other
devices that add variation and interest to the facade.
(6) Structures at the intersection of two f2larterial streets shall include
a significant architectural feature at the building corner that provides visual emphasis at
the corner. This may be accomplished in one or more of the following ways:
(i) The inclusion of a major entryway at the corner. Such
entryways must be marked by an awning, recessed area, colonnade, or other architectural
feature that defines the entry.
(ii) The inclusion of a building element the height of which
varies from the remainder of the building by at least ten percent (10.%-;%).
(iii) A plaza at the corner that includes a fountain, artwork, or
planting of at least ten ( I 01 feet in height.
(b) Site Design. In addition to other standards provided in this Chapter, site
design shall meet the following requirements.
(1) No less than thirty percent (30%~ of the frontage of a site along
arterial streets, as measured in lineal feet, shall be occupied by commercial structures set
back ten (101 feet or less from a public right-of-way. In addition, such commercial
structures shall be either mixed use structures with residential or office uses above or be
constructed so as to allow future addition of at least two f2ladditiona1 stories containing
residential or office uses.
(2) Street Trees shall be provided within the front yard setback or in
the sidewalk along any facade facing a major arterial. Trees placed in the sidewalk shall
be provided with street grates at the sidewalk level providing a continuous walking
surface to within six (61 inches of the tree base. Trees shall be spaced per section 20.50
BMC Chapter 20.50 and be; of a species appropriate for location near or in sidewalks; of
a species allowing pruning of lower branches in a manner necessary to keep the sidewalk
clear of obstruction to a height of at least six (61 feet; and capable of attaining at least
twenty gQlfeet in height at maturity. Trees shall not be less than two (21 inch caliper at
time of planting.
(3) Circulation. Clearly defined pedestrian and vehicle circulation
routes shall be provided such that all portions of the site are linked.
20.70 - 6 District Center Core
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(4) Storage. Outside storage of any kind is prohibited with the
exception of garbage cans and/or dumpsters. Garbage cans and dumpsters and shall be
placed in an enclosure as-per BMC ,;Section 20.46.140. No garbage enclosure shall be
permitted between a street and the front of a building.
20.70.trn)080 PARKING7 REQUIREMENTS. Parldng in the DCC zone shall
meet the requirements of chapter 20.18 BMC, except as follows
Parking shall meet the standards of BMC Chapter 20.48 and the following
requirements:
(a) For non-residential uses, the minimum parking requirement is one ill
space per employee, plus one Qlhandicapped accessible space.
(b) On site parking for non-residential uses shall not exceed one space per
three-hundred (3001 square feet of floor area.
(c) On-site parking shall be to the rear of buildings facing the arterial street.
(d) Access to parking shall be provided from the adjacent public facilities per
the following priority;
(1) First, from an alley if available;
(2) If an alley is not available, from a non-arterial street, if available;
(3) If neither an alley nor a non-arterial street are available, from an
arterial.
(e) Project applicants shall be required to demonstrate to the satisfaction of
the City that access design has been considered with the following priorities. The
applicant shall demonstrate that the proposed access is provided from the highest priority
facility per the above list.
(f) Driveways providing access to parking shall be well marked.
(g) Reduction in number of required parking spaces. The Director may reduce
the number of required parking spaces on a site by up to ten .Ll.Ql when a remodel,
expansion, alteration, or change in the use or tenancy of an existing building occurs,
provided:
(1) For sites with multiple uses or structures, the reduction shall be
applied to the entire site and not to individual uses.
(2) When a use is non-conforming to the required number of off-street
parking spaces, it shall not be allowed to reduce the number of existing spaces.
20.70.080090 LANDSCAPING. REQUIREMENTS.
Tho landscaping requirements of Chapter 20.50 BMC shull be satisfied.
Landscaping shall meet the standards of BMC Chapter 20.50.
20.70.100 SIGN STANDARDS.
Signs shall meet the standards of BMC Chapter 20.52. For freestanding signs the
maximum size and height standards of Figure 20.52(a) shall apply.
20.70 - 7 District Center Core
Council Package #5 Review
--
./~
CHAPTER 20.74
BUSINESS CORE (BC)
SECTIONS:
20.74.010 Intent
20.74.020 Outright Permitted Uses
20.74.060 Development Standards
20.74.070 Design Standards
20.74.080 Parking Requirements
20.74.090 Landscaping Requirements
20.74.100 Sign Standards
20.74.010 INTENT.
The intent of this zone is to offer well-integrated employment, shopping and
residential opportunities as integral part of the Downtown Regional Center. Long-term
surface parking and other automobile related uses are discouraged. Pedestrian-oriented
day and nighttime activities are encouraged. Residential uses are highly encouraged,
particularly on upper floors and around the periphery of the zone.
20.74.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Hotels and Lodging Places;
(b) Residential Uses;
(a) Bed & Breakfast;Accessory parking facility;
(b) Bed and breakfast;
(c) Co-location of wireless telecommunication facility per BMC Chapter
20.46.140;
(d) Communication! broadcasting facility;
(e) Community facility;
(f) Day care facility;
(g) Detoxification center;
te}(h) Finance, insurance and real estate;
AA(i) General Retail;office and business services;
CD Indoor Automobile Vehicle Sales, Service, Repair, or Car Wash;General
retail;
(k) Group residential facilities class 1;
(1) Hotel and lodging place;
(m) Indoor automobile sales, service, repair, or car wash;
(n) Indoor entertainment use;
(0) Indoor recreational facility;
(p) Medical office and clinic;
(q) Motion picture theatre;
fe}(r) Museum and gallery;
ffi(s) Parking Structure; structure;
(g) Accessory Par1dng Facility;
20.74 - 1 Business Core
PC Package #5 Public Hearing
(h) Restaurant and drinking places (no drive through facilities);
(i) General Office and Business Services
G) Personal Services Business;;
(k) Finance, Insurance & Real Estate;
(1) Medical Offices;
(m) ,'\Tt Gallery, Art Studio, Library and Museum;
(n) Indoor Entertainment Use;
(0) Physical Fitness and Health Club;
(p) Indoor Recreational Facility;
(q) Public or Private Park and Open Space;
(r) Religious Worship and Related Facilities;
(s) Group Residential Facilities Class I;
(t) Day Care Facility;
(u) Detoxification Center;
(v) Welfare & Charitable Ser';ices and Facility;
(t) Social Services Faci1ity;Personal services business;
(u) Physical fitness and health club;
fWt(v) Public or private park. playground or open space;
~(w) Public f\.dministration Use;administration.
(y) La'.'l Enforcement and Fire Facility;
~(x) Public and Private Schools & Education Use;facility;
(aa) Co location of wireless communication facility per Chapter 20.56 BMC;
(y) Residential use of all types;
(z) Restaurant and drinking place;
(aa) Schools and education use;
(bb) Social services facility;
tbfr}( cc ) Transportation facility;
(cc) Communication.' Broadcasting Facility;
(dd) Water, Sev;er, Storm 'Vater and Utility Facility. Welfare and charitable
services and facility;
fEklt( ee ) Worship and religious facility.
20.74.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accordance with the following
standards, unless allowed for by law otherwise:
(a) There is no maximum density;- for residential uses;
(b) Maximum height is pursuant to Figure 20.74(Aill;
(c) Maximum front yard setback is ten (101 feett. At least eighty percent
(80%) of a building's front favade must meet the maximum front yard setback
(d) There are no minimum requirements for front, side or rear yard setbacks,
building coverage, development coverage, lot size or lot width~~
(e) Minimum side yard setback: Zero (0). except ten (10) feet where abutting
the low density residential zone;
(f) Minimum rear yard setback: Zero (0). except ten (10) feet where abutting
the low density residential zone.
20.74 - 2 Business Core
PC Package #5 Public Hearing
----...------ -----.----
20.74.070 DESIGN STANDARDS.
(a) Roof Top Screening: Either a high parapet, or a stepped or sloped roof
form, which is a part of the architecture of the building and is at least as high as the
equipment shall screen all rooftop mechanical equipment.
(b) Landscaping: Landscaping shall be provided in accordance with the
following standards:
(1) Street trees shall be provided at no less than three (3) trees per one-
hundred (100) linear feet of lineal street frontage. Performance standards shall be
pursuant to BMC Chapter 20.50.
(2) Surface parking areas, if they abut public sidewalks, shall provide
a perimeter landscaping strip containing a combination of trees (with no fewer than three
(3) trees per one-hundred (100) linear feet of frontage), and shrubs. Masonry walls no
lower than fifteen (15) inches and no higher than thirty (30)-inches may be substituted for
shrubs.
(c) Screening of Parking: The street-facing, ground-level facades of parking
garages shall be designed to screen the view of parked cars. Where commercial or
residential space is not available to accomplish this, features such as planters, decorative
grilles, or works of art shall be used.
(d) Building Fa~ade: Any building facade facing a public sidewalk shall
incorporate more refined materials such as stone or brick and details such as pilasters,
plinths, brackets, or belt courses on at least the first floor. The first floor shall be
considered the area of the building fa~ade approximately fifteen (15) feet in height above
the street grade.
(e) Distinctive Design: Buildings taller than four (4) stories shall display a
distinctive design for the top of the building that can be achieved by various means
including a change in materials, architectural detail, color, or step backs at the top floor, a
prominent projecting cornice, or a roof with a form such as a curve, slope, or peak.
(f) Change of Use or Rehabilitation of Existing Building: When an
existing building or structure is remodeled, improved or has a change in use or tenancy, it
shall be exempt from off-street parking and landscaping requirements provided that:
(1) The structure is not enlarged, extended or structurally altered
outside the existing building envelope in a manner that would require additional parking
pursuant to BMC 20.48;
(2) Interior alterations within the envelope of the building do not
increase the existing net floor area by more than twenty-five (25) percent; and
(3) ~ Existing site improvements and/ or the building create such a
restriction on the land that landscaping and parking cannot be reasonably accommodated.
20.74.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48 BMC.
20.74.100 SIGN STANDARDS
Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs
the maximum size and height standards of Figure 20.52(a) shall apply.
20.74 - 3 Business Core
PC Package #5 Public Hearing
Downtown Regional Center EXHIBIT:
Maximum Building Heights Ordinance #
n~ult:: # 20.74 (a)
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Puget Sound 1c:t ~t
Naval Shipyard
* The overall height limit is 70 feet as measured pursuant to Bremerton SMP Chapter 8 Definitions, Height, and WAC 173-27-030 (9),
provided that at no point shall a structure be more than five stories plus five feet above the elevation of Washington Avenue at the site's
front property line (edge of right~of-way). The added height of any roof structure shall be excluded from the height determination.
CHAPTER 20.75
DOWNTOWN CORE
SECTIONS:
20.75.010 Intent
20.75.050 Prohibited Uses
20.75.060 Development Standards
20.75.065 Amenities for Maximum Floor Area Ratio
20.75.070 Design Standards
20.75.080 Parking Requirements
20.75.090 Landscaping Requirements
20.75.100 Sign Standards
20.75.110 Change of Use or Rehabilitation of Existing Building
20.75.010 INTENT
The intent of this zone is to focus commercial, entertainment, cultural, civic uses
and urban residential into an intense, compact, walkable area served by public transit.
20.75.020 OUTRIGHT PERMITTED USES.
The following uses are permitted.;. outright:
(a) Community facility;
(b) Drinking places;
(c) Education and school;
(d) Entertainment use;
Wee) Finance, insurance and real estate;
M( f) General retail;
(c) Restaurants and drinking places;
f4}(g) General office and business services;
(h) Hotels and lodging places;
(i) Medical office and clinic;
(j) Motion picture theatre;
(k) Museum and gallery;
(1) Park, playgrounds and open space;
(m) Parking structure
fet(n) Personal service business;
(f) Entertainment, museum, and cultural;
(g) Government and education;
(0) Public administration;
(p) Restaurants;
flB(q) Residential and hotels and lodging places;uses of all types;
(r) Religious vlOfshipTransportation facility;
ffi(s) Worship and relatedreligious facilitiest.:.
(j) Parks and open space;
(k) Structured parking.
20.75 - 1 Downtown Core
Council Package #5 Review
20.75.~50 PROHIBITED USES.
The following uses are specifically prohibited:
(a) Light and heavy industrial/manufacturing uses;
(b) Drive-through Faciliticsfacility;
(c) Automobile sales, service, repair or car wash;
(d) Storage of equipment and materials;
(e) Adult entertainment;
(f) Work release facilities;
(g) Commercial surface parking lots, not serving a permitted use.
20.75.040060 DEVELOPMENT STANDARDS.
(a) Development shall comply with the following Floor Area Ratio, which is
the Net Floor Area divided by the Lot Area:
(1) The Floor Area Ratio of all residential uses shall not exceed two
(2);
(2) The Floor Area Ratio of all non-residential uses shall not exceed
one (1);
(3) The Floor Area Ratio of residential uses may be increased to six
(6) when an amenity is provided pursuant to BMC Section 20.75.9W065.
(4) The Floor Area Ratio of non-residential uses may be increased to
three (3) when an amenity is provided pursuant to BMC Section 20.75.9W065.
(5) All new development shall have a minimum Floor Area Ratio of
one (1).
(6) For the purpose of this Chapter, hotels shall be considered
residential uses.
(7) The Floor Area Ratio for nonresidential uses and residential uses
within a given development are individually calculated for each use and may be added
together for a combined maximum; provided, that the maximum allowable Floor Area
Ratio for each use is not exceeded. (Example: A project that includes special amenities
may have a total Floor Area Ratio of six (6), with two (2) in commercial use and four (4)
in residential use.)
(8) For the purpose of this Chapter, Net Floor Area is the amount of
floor area within a building as measured to the inside face of the exterior building walls,
excluding the following:
(i) Spaces below grade;
(ii) Space devoted to parking;
(iii) Mechanical spaces;
(iv) Elevator and stair shafts;
(v) Space used for retail uses or restaurants that front the
sidewalk;
(vi) Space devoted to special amenities;
(vii) Exterior decks open to the air.
(b) Maximum building height is pursuant to Figure 20.74(Ag). For the
purpose of this Chapter, the maximum building height may exclude:
(1) Parapets;
20.75 - 2 Downtown Core
Council Package #5 Review
(2) Mechanical penthouses and elevator overruns and machine rooms;
and
(3) Roof forms and decorative elements not intended for occupancy.
20.75.~065 AMENITIES FOR MAXIMUM FLOOR AREA RATIO.
A special amenity is required to be provided whenever a proposed development
increases its Floor Area Ratio above the base and up to the maximum allowed pursuant to
BMC Section 20.75.040. The design of each feature will be reviewed to ensure that it is
appropriate for the proposed location and provides for a public benefit. One of the
following may meet the requirement for a special amenity:
(a) Exterior Public Space: That meets the following design standards:
(1) The space is at least ten flGt-percent ( 1 0%) of the site area;
(2) Seating is provided at one space for each one-hundred (100) square
feet of area;
(3) Incorporates a variety of trees and other plantings;
(4) Includes art or water features;
(5) Has solar exposure during the summer; and
(6) Provides access and visibility from the nearest public sidewalk.
(b) Public Benefit: Consisting of at least one of the following:
(1) Meeting room(s) available to the public;
(2) Day care;
(3) Museum; or
(4) Performing arts theatre.
(c) Work of Art or Water Feature: That meets the following requirements:
(1) The feature is location in an area that is visible to the public at all
times
(2) The cost of the item( s) is equivalent to at least one (1) percent of
the building permit value for the project including site improvements;
(3) A work of art consisting of an original, artist-produced creation
such as:
(i) Murals;
(ii) Sculptures;
(iii) Paintings;
(iv) Inlays;
(v) Friezes;
(vi) Mosaics; and! or
(vii) Tile work.
20.75.070 DESIGN STANDARDS
(a) Roof Top Screening: Either a high parapet, or a stepped or sloped roof
form, which is a part of the architecture of the building and is at least as high as the
equipment shall screen all rooftop mechanical equipment. Fencing is not acceptable.
(b) Screening of Parking: The street-facing, ground-level facades of parking
garages shall be designed to screen the view of parked cars. Where commercial or
residential space is not available to accomplish this, features such as planters, decorative
grilles, or works of art shall be used.
20.75 - 3 Downtown Core
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(c) Building Fa~ade:
(1) Any building facade facing a public sidewalk shall incorporate
more refined materials such as stone or brick and details such as pilasters, plinths,
brackets, or belt courses on at least the fi~st floor. The first floor shall be considered the
area of the building fa<;ade approximately fifteen (15) feet in height above the street
grade.
(2) Any sidewalk level facade that faces any downtown street shall
have at least thirty- five ~percent (35%) of the facade area in transparent glass
windows.
(d) Distinctive Design: Buildings taller than four (4) stories shall display a
distinctive design for the top of the building that can be achieved by various means
including a change in materials, architectural detail, color, or step backs at the top floor, a
prominent projecting cornice, or a roof with a form such as a curve, slope, or peak.
(e) Primary Pedestrian Streets: All development west of Washington
A venue that is located along First, Second, Fourth, and Fifth Street, Burwell, Pacific and
Park A venue shall additionally meet the following standards:
(1) Building facades shall abut the sidewalk, except entrance areas
may be recessed. Furthermore, buildings may be set back to accommodate exterior public
spaces pursuant to BMC Section 20.76.~65.
(2) At least fifty ~percent (50%) of the linear, sidewalk level
frontage of any structure shall consist of, or are adaptable to, retail, restaurants, cultural
or entertainment uses, financial institutes, office, indoor public spaces, or art galleries;
and
(3) At least seventy-five ~percent (75%) of the frontage shall
include weather protection in the form of a flat or sloped canopy, projecting at least five
(5) feet over the sidewalk.
20.75.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements set for in BMC Chapter 20.48
BMG, the automobile off-street parking spaces shall be provided in accordance tewith the
following standards:
(a) Non-residential uses shall provide at least one (1), but not more than four
(4), off-street parking space per one-thousand (1,000) square feet of gross floor area.
(b) Residential uses shall provide at least one-half (0.5) off-street parking
space per one-thousand (1,000) square feet of gross floor area.
(c) The first three-thousand (3,000) square feet of gross ground floor retail
area shall be exempt from off-street parking requirements.
20.75.090 LANDSCAPING.
For the purpose of this Chapter, landscaping shall be provided in accordance with
the following standards:
(a) Street trees shall be provided with no fewer than three (3) trees per one-
hundred (100) linear feet of frontage. Tree grates shall be used to cover the planting pits.
Where existing areaways or vaults prevent this form of planting, trees shall be planted in
planters equipped with irrigation. All trees shall have a minimum caliper of two and one-
half (2-1/2) inches at the time of planting.
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(b) Surface parking lots, if they abut public sidewalks, shall provide a
perimeter landscaping strip containing a combination of trees (with no fewer than three
(3) trees per one-hundred (100) linear feet of frontage), and shrubs. Masonry walls no
lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for
shrubs.
(c) For parking lots containing more than twenty (20) stalls, at least fifteen
(l5) percent of the interior area shall be planted with trees and shrubs. All trees shall have
a minimum caliper of two and one-half (2 1/2) inches at the time of planting. Pedestrian
walkways from adjacent sidewalks shall be provided.
20.75.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs the
maximum size and height standards of Fig:ure 20.52(a) shall apply.
20.75.110 CHANGE OF USE OR REHABILITATION OF EXISTING
BUILDING.
When an existing building or structure is remodeled, improved or a change in use
or tenancy occurs, it shall be exempt from off-street parking and landscaping
requirements provided that:
(a) The structure is not enlarged, extended or structurally altered outside the
existing building envelope in a manner that would require additional parking pursuant to
BMC Section 20.48.020(c);
(b) Interior alterations to the envelope of the building do not increase the
existing net floor area by more than twenty-five ~percent-;-aB:ti (25% ).
20.75.110 SICN STLA...NDARDS.
Signage shall meet the standards of Chapter 20.52 BMC.
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CHAPTER 20.76
DOWNTOWN WATERFRONT
SECTIONS:
20.76.010 Intent
20.76.020 Outright Permitted Uses
20.76.050 Prohibited Uses
20.76.060 Development Standards
20.76.065 Amenities For Maximum Floor Area Ratio
20.76.070 Design Standards
20.76.080 Parking Requirements
20.76.090 Landscaping Requirements
20.76.100 Sign Standards
20.76.110 Change of Use or Rehabilitation of Existing Building
20.76.010 INTENT.
The intent of this zone is to provide for an array of uses related to the water,
multi-modal transportation facilities, view corridors, public access and residential.
20.76.020 OUTRIGHT PERMITTED USES.
The following uses are permitted-:- outright:
(a) Drinking places;
(b) General office and business services comprising no more than twenty-five
percent (25%) of the total gross floor area of a mixed-use development;
tat(c) General retail, including marine retail;
(b) Restaurants and drinking establishments;
fet( d) Hotels and lodging places;
(e) Parks, playground and open spaces;
AA(f) Residential-;- uses of all types;
(g) Restaurants;
(h) Structured parking with other permitted use;
fet(i) Transportation facilities;facility.
(1) Parks and open spaces;
(g) Structured commercial parking with other permitted use;
(h) General office and business services comprising no more than tv/ant)' five
(25) percent of the total gross floor area of a mixed use development.
20.76.~50 PROHIBITED USES.
The following uses are specifically prohibited:
(a) Light and hea'/y industrial,' manufacturing uses;
(b) Drive through Facilities;
(c) }..utomobile sales, seryice, repair and car wash;
(d) Storage of equipment and muterials;
fet(a) Adult entertainment;
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(f) Work release facilities;
(b) Automobile sales, service, repair and car wash:
(c) Boat sales, storage and repair:
fg-t(d) Commercial surface parking lots, not serving a permitted use;
(h) Boat sales, storage and repair;
(e) Drive-through Facilities and drive-through lanes:
(f) Light and heavy industrial/manufacturing: uses:
tH( g) Stand-alone commercial parking not serving a permitted use.
(h) Storage of equipment and materials:
(i) Work release facilities:
20.76.040 060 DEVELOPMENT STANDARDS.
(a) Development shall comply with the following Floor Area Ratio, which is
the Net Floor Area divided by the Lot Area:
(1) The Floor Area Ratio of all residential uses shall not exceed one
(1);
(2) The Floor Area Ratio of all non-residential uses shall not exceed
one-half (0.5);
(3) The Floor Area Ratio of residential uses may be increased to two
(2) when an amenity is provided pursuant to BMC Section 20.76.9W065
(4) The Floor Area Ratio of non-residential uses may be increased to
one (1) when an amenity is provided pursuant to BMC Section 20.76.QW065.
(5) For the purpose of this Chapter, hotels shall be considered
residential uses.
(6) The Floor Area Ratio for nonresidential uses and residential uses
within a given development are individually calculated for each use and may be added
together for a combined maximum; provided, that the maximum allowable Floor Area
Ratio for each use is not exceeded. (Example: A project that includes special amenities
may have a total Floor Area Ratio of six (6), with two (2) in commercial use and four (4)
in residential use.)
(7) For the purpose of this Chapter, Net Floor Area is the amount of
floor area within a building as measured to the inside face of the exterior building walls,
excluding the following:
(i) Spaces below grade;
(ii) Space devoted to parking;
(iii) Mechanical spaces;
(iv) Elevator and stair shafts;
(v) Space used for retail uses or restaurants that front the
sidewalk;
(vi) Space devoted to special amenities;
(vii) Exterior decks open to the air.
(b) Maximum building height is pursuant to Figure 20.74(A). For the purpose
of this Chapter, the maximum building height may exclude:
(1) Parapets;
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(2) Mechanical penthouses and elevator overruns and machine rooms;
and
(3) Roof forms and decorative elements not intended for occupancy.
(c) View Corridors shall be provided pursuant the requirements of the
Shoreline Master Program.
20.76.()s()065 AMENITIES FOR MAXIMUM FLOOR AREA RATIO.
A special amenity is required to be provided whenever a proposed development increases
its Floor Area Ratio above the base and up to the maximum allowed pursuant to BMC
Section 20.76.94G-:060. The design of each feature will be reviewed to ensure that it is
appropriate for the proposed location and provides for a public benefit. One of the
following may meet the requirement for a special amenity:
(a) Exterior Public Space: That meets the following design standards:
(1) The space is at least ten f-lGt-percent ( 10%) of the site area;
(2) Seating is provided at one space for each one-hundred (100) square
feet of area;
(3) Incorporates a variety of trees and other plantings;
(4) Includes art or water features;
(5) Has solar exposure during the summer; and
(6) Provides access and visibility from the nearest public sidewalk.
(b) Public Benefit: Consisting of at least one of the following:
(1) Meeting room(s) available to the public;
(2) Day care;
(3) Museum; or
(4) Performing arts theatre.
(c) Work of Art or Water Feature: That meets the following requirements:
(1) The feature is location in an area that is visible to the public at all
times
(2) The cost ofthe item(s) is equivalent to at least one (1) percent of
the building permit value for the project including site improvements;
(3) A work of art consisting of an original, artist-produced creation
such as:
(i) Murals;
(ii) Sculptures;
(iii) Paintings;
(iv) Inlays;
(v) Friezes;
(vi) Mosaics; and! or
(vii) Tile work.
20.76.070 DESIGN STANDARDS.
(a) Roof Top Screening: Either a high parapet, or a stepped or sloped roof
form, which is a part of the architecture of the building and is at least as high as the
equipment shall screen all rooftop mechanical equipment. Fencing is not acceptable.
(b) Screening of Parking: The street-facing, ground-level facades of parking
garages shall be designed to screen the view of parked cars. Where commercial or
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residential space is not available to accomplish this, features such as planters, decorative
grilles, or works of art shall be used.
(c) Building Fac;ade:
(1) Any building facade facing a public sidewalk shall incorporate
more refined materials such as stone or brick and details such as pilasters, plinths,
brackets, or belt courses .on.at least the first floor. The first floor shall be considered the
area of the building fa<;ade approximately fifteen (15) feet in height above the street
grade.
(2) Any sidewalk level facade that faces any downtown street shall
have at least thirty-five ~percent (35%) of the facade area in transparent glass
windows.
(d) Distinctive Design: Buildings taller than four (4) stories shall display a
distinctive design for the top of the building that can be achieved by various means
including a change in materials, architectural detail, color, or step backs at the top floor, a
prominent projecting cornice, or a roof with a form such as a curve, slope, or peale
(e) Primary Pedestrian Streets: All development west of Washington
A venue that is located along First, Second, Fourth, and Fifth Street, Burwell, Pacific and
Park Avenue shall additionally meet the following standards:
(1) Building facades shall abut the sidewalk, except entrance areas
may be recessed. Furthermore, buildings may be set back to accommodate exterior public
spaces pursuant to BMC Section 20.76.~065.
(2) At least fifty ~percent (50%) of the linear, sidewalk level
frontage of any structure shall consist of, or are adaptable to, retail, restaurants, cultural
or entertainment uses, financial institutes, office, indoor public spaces, or art galleries;
and
(3) At least seventy-five tBt-percent (75%) of the frontage shall
include weather protection in the form of a flat or sloped canopy, projecting at least five
(5) feet over the sidewalk.
20.76.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements set for in BMC Chapter 20.48
BMG, the automobile off-street parking spaces shall be provided in accordance to the
following standards:
(a) Non-residential uses shall provide at least one (1), but not more than three
(3), off-street parking space per one-thousand (1,000) square feet of gross floor area.
(b) Residential uses shall provide at least one-half (0.5) off-street parking
space per one-thousand (1,000) square feet of gross floor area.
(c) The first three-thousand (3,000) square feet of gross ground floor retail
area shall be exempt from off-street parking requirements.
20.76.090 LANDSCAPING REQUIREMENTS.
For the purpose of this Chapter, landscaping shall be provided in accordance with
the following standards:
(a) Street trees shall be provided with no fewer than three (3) trees per one-
hundred (100) linear feet of frontage. Tree grates shall be used to cover the planting pits.
Where existing areaways or vaults prevent this form of planting, trees shall be planted in
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I
planters equipped with irrigation. All trees shall have a minimum caliper of two and one-
half (2-112) inches at the time of planting.
(b) Surface parking lots, if they abut public sidewalks, shall provide a
perimeter landscaping strip containing a combination of trees (with no fewer than three
(3) trees per one-hundred (100) linear feet of frontage), and shrubs. Masonry walls no
lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for
shrubs.
(c) For parking lots containing more than twenty (20) stalls, at least fifteen
(15) percent of the interior area shall be planted with trees and shrubs. All trees shall have
a minimum caliper of two and one-half (2-1/2) inches at the time of planting. Pedestrian
walkways from adjacent sidewalks shall be provided.
20.76.100 SIGN STANDARDS.
Signage shall meet the standards of BMC Chapter 20.52. For freestanding signs
the maximum size and height standards of Figure 20.52(a) shall apply.
20.76.110 CHANGE OF USE OR REHABILITATION OF EXISTING
BUILDING.
When an existing building or structure is remodeled, improved or has a change in
use or tenancy, it shall be exempt from off-street parking and landscaping requirements
provided that:
(a) The structure is not enlarged, extended or structurally altered outside the
existing building envelope in a manner that would require additional parking pursuant to
BMC Section 20.48.020(c);
(b) Interior alterations to the envelope of the building do not increase the
existing net floor area by more than twenty-five ~percent-;-aflEl (25% ).
20.76.110 SICN ST"\ND:\RDS.
Signage shall moot the standards of Chapter 20.52 BMC.
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CHAPTER 20.78
CITY CORE RESIDENTIAL (CCR)
SECTIONS:
20.78.010 Intent
20.78.020 Outright Permitted Uses
20.78.030 Accessory Uses
20.78.040 Conditional Uses
20.78.060 Development Standards
20.78.080 Parking Requirements
20.78.090 Landscaping Requirements
20.78.100 Sign Standards
20.78.010 INTENT.
The intent of the City Core Residential (CCR) zone is to enhance opportunities
for significant population growth in the city core and increase activity levels along a
planned "loop" trail system connecting the two downtown bridges and three close1y-
related nodes of future growth. While based on the permitted uses and development
standards of the R-1O Low Density Residential zone, the CCR zone also permits higher
density housing, including attached multifamily units, when developed on large lots in
conjunction with a public trail that links the City's core centers: Manette Neighborhood
Center, Harrison Employment Center, and Downtown Regional Center. Along with a
distinct pedestrian orientation, uses in this zone shall be well-served by public transit.
20.78.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Day care facility (twelve (12) or fewer persons receiving care );
(b) Foster home;
(c) Multi-unit dwelling units and townhouses provided:
(1) Within a proiect comprising ten (10) or more acres;
(2) Units are developed in coni unction with a public trail improvement
(d) Parks, and playgrounds and open space;
Wee) Single-unit dwelling unit - detached;
fb-}(f) Single-unit dwelling unit - attached (Zero Lot Lines) per Bremerton
Municipal Code (BMC) Section 20.60.070(b);
(g) Transportation facility.
(d) Multi unit dv;elling units provided:
(1) 'Within a project comprising 10 or more acres;
(2) Units are developed in conjunction v/ith a public trail improvement
(e) Foster home;
(f) Day care (12 or fe'vver persons receiving care);
(g) Parks and playgrounds and open space;
(h) Transportation activities including transit stops and transportation
sef'llces;
(i) Underground watcr, sewCf, storm ';/ater and utility facilities;
(i)Co locatiON of wireless telecomIIRlnication facilities per BMC Chapter 20.56.
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20.78.030 ACCESSORY USES.
Permitted accessory uses are those set forth in BMC Section 20.60.040 (Low
Density Residential R-lO zone).
20.78.040 CONDITIONAL USES.
The follo'l/ing conditional uses shall be permitted pursuant to BMC Section
20.58.020, provided the conditional use complies with the corresponding standard as
listed in BMC Section 20.60.050:
The following uses may be permitted provided a Conditional Use Permit is
approved pursuant to BMC Section 20.58.020. Conditions for approval of the following
uses shall be the standards listed for the corresponding use in BMC Section 20.60.050,
the Conditional Uses section of the Low Density Residential zone:
(a) Bed & breakfast;
(b) Class I group residential facilities;
(c) Senior housing complex;
(d) Nursing / convalescent home;
(e) Day care facilities;
(f) Religious worship & related facilities;
(g) Schools, parks and associated facilities of the types set forth in BMC
Section 20.60.050(j).
20.78.060 DEVELOPMENT STANDARDS.
Development standards shall be in accordance with the Development Standards in
the R-lO Low Density Residential Zone fset forth in BMC Section 20.60.0701 unless
modified per the following:
(a) Maximum density may be increased to twenty (201 dwelling units per acre
provided:
(1) Within a project comprising ten (101 or more acres;
(2) Units are developed in conjunction with a public trail improvement
linking the City's core centers as approved by the City;
(3) Units are developed in conjunction with on-site provisions to
improve existing access to public transit.
20.78.080 PARKING REQUIREMENTS.
Parking shall meet the standards of BMC Chapter 20.48.
20.78.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of BMC Chapter 20.50.
20.78.100 SIGN STANDARDS.
Signage shall meet the standards of BMC Chapter 20.52.
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CHAPTER 20.79
MUL TIPLE RESIDENTIAL (MR)
SECTIONS:
20.79.010 Intent
20.79.020 Outright Permitted Uses
20.79.030 Accessory Uses
20.79.040 Conditional Uses
20.79.060 Development Standards
20.79.080 Parking Requirements
20.79.090 Landscaping Requirements
20.79.100 Sign Standards
20.79.010 INTENT.
The intent of Multiple Residential (MR) zone district is to support the Downtown
Regional Center with opportunities for high density residential use. Attached multifamily
units are encouraged to take advantage of the unique views and nearby amenities such as
shorelines, recreational opportunities, or access to ferries and transit. There is an
intentional reduction in parking requirements and an increase in building coverage to
accommodate high density pedestrian-oriented development in this most accessible of
neighborhoods.
20.79.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless telecommunication per BMC Section 20.46.140;
(b) Residential use. Residential uses include:
(1) Single unit DV/olling Unit Detached;
(2) Single unit Dwelling Unit .^..ttached (zero lot lines);
(3) Tovmhomos;
(1) Day care facility (12 or fewer persons receiving care);
(2) Foster home;
(3) Class I group residential facility;
(4) Multi-unit dwelling units;
(5) Foster Home;
(6) Day Care Facility (12 or fewor persons receiving care);
(7) Group Rosidentia1 Home;
(b) Undorground 'l/ator, sower, storm water and utility facilities;
(c) Co location of wireless communication per Chapter 20.56 BMC.
(5) Single-unit dwelling unit - attached (zero lot lines);
(6) Single-unit dwelling unit - detached;
(7) Townhouses.
20.79.030 ACCESSORY USES.
Permitted accessory uses are those set forth in BMC Section 20.60.Q40030 (Low
Density Residential-R--Ht-zone).
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20.79.040 CONDITIONAL USES
The following conditional uses shall be permitted pursuant to BMC Section
20.58.020, provided the conditional use complies with the corresponding standard as
listed in BMC Section 20.60.~40 (Low Density Residential zone):
(a) Bed & breakfast;
(b) Class I group residential facilities;
AA(b ) Senior housing complex;
@(e) Nursing / convalescent home;
~( d) Day care facilities (more than 12 persons receiving care);
(f) Religious worship & related facilities;
(e) Worship and religious facility:
fg-}(f) Schools, parks and associated facilities of the types set forth in BMC
20.60.@}040(j).
20.79.060 DEVELOPMENT STANDARDS
(a) Lot development requirements shall be in accordance with the following
standards unless allowed for by law otherwise:
(1) Densityt~
(i) Maximum: No limit;
(i) No maximum density:
(ii) Minimum: 5 dwelling units per acre;
(2) Setbackst~
(i) Minimum front yard setback: Ten (101 feet;
(ii) Minimum side yard setback: Five (51 feet;
(iii) Minimum rear yard setback: Ten ( 101 feet;
(iv) Zero Lot Line Development: An attached single-family
dwelling and/or garage structure may have a shared single side or rear lot line, and a
setback reduced to zero (0) provided the structure complies with building code fire
separation requirements.
(3) Minimum lot area: 3,000 square feet;
(4) Maximum height: Fifty (501 feet;
(5) Maximum lefbui1ding coverage. 8GEighty percent (80% );
(b) The following standards shall apply to garages attached to single family
units and to detached accessory structures:
(1) The maximum garage/carport (attached or detached) area shall be
five hundred (5001 square feet of gross floor per unit plus Wten percent (10%) of gross
floor area of a principal residential use;
(2) Maximum area of all accessory structures, including attached and
detached garages, carports, barns, covered patios, cabanas, gazebos, and incidental
household storage buildings, excluding accessory dwelling units per BMC Section
20.46.010, Wshall be fifty percent (50%) of the gross floor area of the principal use or
five hundred (5001 square feet, whichever is greater, subject to maximum lefbuilding
coverage standards;
(3) Maximum height of detached accessory structures (including
garages). Not to exceed the height of the principal structure~
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(4) Setback of detached accessory structures. Per BMC Section
20.44.060;
(5) When the garage vehicle door entrance faces the street, it shall
have a front yard setback of at least twenty (201 feet, except as provided in BMC Section
20.44.020 (Traditional Front Yard Setbacks).
20.79.080 PARKING REQUIREMENTS
Off-street parking shall be provided in accordance with BMC Chapter 20.48
BMG, except as follows:
(a) Minimum parking requirement. One ffispace per unit;
(b) Access to parking shall be provided from the adjacent public facilities per
the following priority:
(1) First, from an alley if available;
(2) If an alley is not available, from a non-arterial street, if available;
(3) If neither an alley nor a non-arterial street are available, from an
arterial;
(c) The applicant shall demonstrate that the proposed access is provided from
the highest priority facility per the above list;
(d) Driveways providing access to parking shall be well marked;
(e) Reduction in number of required parking spaces. The Director may reduce
the number of required parking spaces on a site by up to ten f.1.Ql when a remodel,
expansion, alteration, or change in the use or tenancy of an existing building occurs,
provided:
(1) For sites with multiple uses or structures, the reduction shall be
applied to the entire site and not to individual uses;
(2) When a use is non-conforming to the required number of off-street
parking spaces, it shall not be allowed to reduce the number of existing spaces.
20.79.090 LANDSCAPING REQUIREMENTS
Landscaping shall meet the standards of BMC Chapter 20.50-BMG.
20.79.100 SIGN STANDARDS
Signage shall meet the standards of BMC Chapter 20.52 BMC.-'.
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CHAPTER 20.80
MASTER DEVELOPMENT (MD)
SECTIONS:
20.80.010 Intent
20.80.020 Applicability
20.80.030 Establishment of Master Development Zone
20.80.040 Sub-Area Plan Required
20.80.050 Master Development Zone Permitted Uses
20.80.060 Guidelines for Development Standards
20.80.070 Master Development Zone Application
20.80.080 Sub-Area Plans
20.80.010 INTENT.
The intent of the Master Development Zone is to provide large-scale planned
development by public entities or through public-private partnerships, which provide a
clear community benefit. These areas are envisioned for innovative development
meeting unique community needs. Sites shall employ sub-area planning efforts that
address compatibility with surrounding uses and consistency with the Comprehensive
Plan.
20.80.020 APPLICABILITY.
The provisions of this Chapter may be applied to lands located within Public
Sector Redevelopment Site (PSRS) or Employment Center (EC) Comprehensive Plan
designations.
20.80.030 ESTABLISHMENT OF A MASTER DEVELOPMENT ZONE
A Master Development Zone shall be in effect when the following steps are
completed:
(a) Sub-area planning efforts are completed pursuant to Bremerton Municipal
Code (BMCj Section 20.80.040;
(b) An ordinance is adopted approving a sub-area plan identified in Section
20.80.080 and establishing associated development standards and regulations for the
subject sub-area plan district. A text amendment to BMC Section 20.80.080 should be
made to reference the applicable ordinance to the sub-area plan district;
(c) A site-specific rezone to the Master Development classification is
approved pursuant to BMC Section 20.58.040.
20.80.040 SUB-AREA PLAN REQUIRED.
(a) Approval of a sub-area plan is required prior to approval of a Master
Development Zoning District. A sub-area plan is an amendment to the Comprehensive
Plan and is processed pursuant to BMC Chapter 20.10.
(b) In developing a sub-area plan for the purpose of this Chapter the following
shall apply:
(1) The Director shall determine the number of neighborhood
meetings based on the scope of the proposal and the community's interest.
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(2) The applicant shall be responsible for scheduling and facilitating
the neighborhood meetings. City staff should participate in the meetings taking notes and
helping to address the public's concerns.
(3) Notification of the time and location of the meetings shall be
posted on the property. The Director shall determine the specifications to the
construction and installation of the notice boards. Additionally, if the Director
determines it appropriate, mailed notice may be required to be sent to nearby property
owners, affected state and local agencies and neighborhood organizations.
20.80.050 MASTER DEVELOPMENT ZONE PERMITTED USES.
Specific uses shall be determined through the sub-area planning process.
Potential uses may include, but are not limited to commercial, office, and various
residential types.
20.80.060 GUIDELINES FOR DEVELOPMENT STANDARDS.
Development standards such as setbacks, lot coverage, height and density shall be
developed through the sub-area planning process and implemented through the adoption
of the Master Development Zone. The following guidelines establish the parameters
from which development standards are derived:
(a) Consistency with the Comprehensive Plan's community character goals
and policies;
(b) Provide open space that protects environmentally sensitive areas;
(c) Development at the edge of the site that is designed with densities and
uses which are compatible with nearby neighborhoods and uses;
(d) Well designed streetscapes that incorporate context-sensitive design,
including amenities such as street trees, planting strips, sidewalks, sidewalk benches,
street lamps and other design features that make the streets more interactive, walkable,
and enjoyable;
(e) Parking requirements shall be pursuant to BMC Chapter 20.48. However,
modifications to the off-street parking requirements may be allowed through the approval
of a Master Development Zone. If there is a proposed reduction of ten percent (lO%.%}
or more to the number of off-street parking spaces required by BMC Chapter 20.48, a
parking study is required to demonstrate that there is no impact on adjacent properties to
the site;
(f) Landscaping requirements shall be pursuant to ~MC Chapter 20.50.
However, modifications to the landscaping requirements may be allowed through the
approval of a Master Development Zone. Landscaping shall incorporate street trees,
planter strips and other passive and active green spaces. Significant trees shall be
identified on the site plan and may be required to be preserved;
(g) Signage is allowed pursuant to the following:
(1) Signs for residential uses shall be pursuant to BMC Chapter 20.52
for residential zones;
(2) Signs for all other uses shall meet the standards of Chapter 20..52
for commercial zones, except freestanding signs shall be limited to monument-style signs
that do not exceed six (6} feet in height and forty-eight (48} square feet in area.
20.80 - 2 Master Development
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20.80.070 MASTER DEVELOPMENT ZONE APPLICATION.
In addition to other application requirements, applications for a sub-area plan and
a Master Development Zone designation shall include the following information:
(a) Vicinity Map: Showing the subject site in relation to all other properties
within a three-hundred (300) foot radius;
(b) Site Plan: Containing the following information:
(1) General configuration of lots, building areas, number of stories and
specific uses to be allowed;
(2) Proposed configuration and design of parking areas, streets,
sidewalks, and driveways;
(3) Proposed walkways, bikeways, open space, recreational areas, and
other areas and facilities of a public or recreational nature;
(4) Proposed landscaping, buffers, parks, recreation areas, open space
and similar features;
(c) Narrative: A written explanation of the proposal with at a minimum the
following information shall be provided (when appropriate, this information may be
shown on the site plan):
(1) Major project components including specific area uses to be
allowed, residential densities, commercial or site and floor areas, public and private
rights-of-way, and off-street parking;
(2) Design and development standards to be applied to the project,
including architectural treatment, maximum heights, setbacks, landscaping, drainage,
utilities, parking, signage, and any others;
(3) Elevations and/or perspective drawings of proposed structures and
other major improvements being proposed;
(4) The specific nature of any agreements, covenants, or other
provisions that govern or affect the proposal;
(5) Required mitigation measures, development conditions, and other
requirements of project approval.
(d) Other Information: The City may request additional information found
to be necessary for evaluating the proposal to be included with the application.
20.80.080 SUB-AREA PLANS.
The following sub-area plans and associated ordinances establishing development
regulations and standards form the basis for enactment of each respective Master
Development Zone:
(a) Westpark Specific Area Plan;
(b) Eastpark Specific Area Plan;
(c) Austin Drive Specific Area Plan;
(d) Harrison Employment Center;
(e) Northwest Corporate Campus Employment Center;
(f) Port Blakely Employment Center.
20.80 - 3 Master Development
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CHAPTER 20.82
NEIGHBORHOOD BUSINESS ZONE (NB)
SECTIONS:
20.82.010 Intent
20.82.020 Outright Permitted Uses
20.82.030 Prohibited Uses
20.82.040 Conditional Uses
20.82.060 Development Standards
20.82.080 Parking Requirements
20.82.090 Landscaping Requirements
20.82.100 Sign Standards .
20.82.010 INTENT.
The intent of the Neighborhood Business (NB) zone is to provide for small-scale
business districts outside of Centers and Corridors that reflect the scale and character of
surrounding neighborhoods. These NB locations support neighborhoods which generally
lack walkable access to a designated Center. The NB zone shall include uses such as
small groceries, convenience stores, offices, and restaurants. Neighborhood Business
districts are generally limited in size to one acre each and typically comprised of a tight
cluster of businesses on several parcels.
20.82.020 OUTRIGHT PERMITTED USES.
The following uses are permitted,. outright:
(a) Bed and breakfast;
(b) Eating establishments under 2,500 gross square feet. No dri'le through
lanes shall be permitted;
(b) Co-location of wireless telecommunications facilities per BMC Section
20.46.140;
(c) Day care facility. and foster home;
(d) General office and business services- under 5,000 gross square feet;
(e) General retail under 5,000 gross square feet;
(f) Medical offices and clinics;
{g) Park. playground and open space;
(hL-Persona1 services under 5,000 gross square feet;
(i) Public administration;
Q) Residential as a secondary use;
(k) Restaurant under 2.500 gross square feet;
(1) Worship and religious facility located on a collector or higher streett.:.
(f) Bed and breakfast;
(g) Day care facilities, and foster home;
(h) Religious TNofship and related facilities
(i) Medical offices and clinics;
(j) Park, playground and facilities;
(k) Co location of T;;ireless communications facilities per Bremerton
Municipal Code (BMC) Chapter 20.56.
20.82 ~ 1 Neighborhood Business
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(1) Public facilities.
20.82.030 PROHIBITED USES.
(a) Drive-through lanes.
20.82.040 CONDITIONAL USES.
AThe following uses may be permitted provided a Conditional Use Permit, v,hich
is approved pursuant to BMC ChapterSection 20.40, may permit tho follov/ing
~58.020:
(a) Restaurants larger than 2,500 gross square feet excluding drive through
laftes-; and all drinking places provided:
(1) All seating, dining, and cooking areas are located within the
principal structure at all times;
(3) All refuse and recycling containers are fully enclosed and screened
from view from all adjacent and adjoining properties, and meet the standards of BMC
Chapter 20.46;
(4) Measures are taken to ensure that parking will not spill over into
the neighborhood;
(b) Community uses provided:
(1) The applicant can demonstrate that all provisions of the Noise
Levels Ordinance, BMC Chapter 6.32, shall be met;
(2) Measures are taken to ensure that parking will not spill over into
the neighborhood;
(3) Public events, programs or performances shall not continue later
than 10:00 PM.
20.82.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accordance with the following
standards unless allowed for by law otherwise:
(a) Maximum front yard setback: Ten (102 feett. At least seventy-five percent
(75%) of a building's front fa<(ade must meet the maximum front yard setback.
(b) Side yard setback: NeneZero (0) except ten ( 1 02 feet from residential
zones;
(c) Rear yard setback: NeneZero (0) except ten ( 102 feet from residential
zones;
(d) Maximum building size: Buildings may not exceed a footprint of 5,000
gross square feet at ground level;
(e) Maximum building coverage: Eighty-five percent (85%;-%);
(f) Maximum development coverage: Eighty-five percent (85%;-% );
(g) Maximum building height: Thirty-five (352 feet.
(h) Maximum building heights within the Downtown Regional Center are
pursuant to Figure 20.74(a). and shall supercede BMC Section 20.82.060(g) above
(i) Outdoor storage of any kind shall be prohibited, except for refuse and
recycling containers, which shall meet the standards set forth in BMC Section 20.46.
20.82 - 2 Neighborhood Business
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20.82.080 PARKING REQUIREMENTS.
Parking shall meet the standards of BMC Chapter 20.48.
20.82.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of BMC Chapter 20.50 and the following
requirements:
(a) Where a commercial use in the Neighborhood Business zone is adjacent to
a residentially zoned lot, including across an alley from a residentially zoned lot, a
landscape buffer consisting of meeting the following features standards shall be provided:
(1) A solid, view-obscuring wall or fence at least six (6} feet in height;
(2) A landscaped strip at least 5 feet in depth adjacent to the solid wall
on the side facing the residentially zoned lot;(2) Measures taken to ensure quality in
the visual character of the wall or fence on the side facing the residential lot. Measures
may include any combination of the following:
(i) Refined materials or textures such as brick or stone:
(ii) A landscaped strip consisting of plantings and shrubs.
which shall count towards the landscape strip requirement per BMC Section
20.82.090(a)(2) below:
(3) A landscaped strip at least five (5) feet in depth. Where a wall is
placed within the landscaped strip. the depth of the wall shall be included in the
measurement of the depth of the landscaped strip:
(4) Gaps for vehicular circulation from the alley do not exceed
fourteen (14} feet in width.
20.82.110 SIGN STANDARDS.
Signs shall meet the standards of BMC Chapter 20.52 exccpt that all free standing
signs shall be limited to monument signs not exceeding 6 feet in height and 18 square feet
in area.. For freestanding signs the maximum size and height standards of Figure
20.52(a) shall apply.
20.82 - 3 Neighborhood Business
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CHAPTER 20.84
LIMITED COMMERCIAL ZONE (LC)
SECTIONS:
20.84.010 Intent
20.84.020 Outright Permitted Uses
20.84.060 Development Standards
20.84.070 Design Standards
20.84.080 Parking Requirements
20.84.090 Landscaping Requirements
20.84.100 Sign Standards
20.84.010 INTENT.
The intent of the Limited Commercial (LC) zone is to recognize the community's
existing general commercial districts outside the designated boundaries of Centers on lots
zoned General Business (GB) in the City, or an equivalent designation in the County, on
December 1, 2004. The LC zone is not intended to be expanded or applied to new
properties or areas of the City.
20.84.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) General retail;
(b) Restaurants and drinking establishments including drive through;
(c) Hotels, motels, and inns;
(d) Residential as a secondary use;
(e) ,^~utomobilc service and repair, and car \vash;(a) Automobile service
and repair. and car wash:
(b) Co-location of wireless telecommunication facilities per BMC Section
20.46.140:
(c) Day care facility. all:
(d) Drive-through facility:
(e) Finance. insurance and real estate:
(f) Gas stations at the intersection of arterial roadways;
(g) Finance, insurance and real estate;
(h) General office and business services;
(h) General retail;
Ji) Hotel and lodging places. motels. and inns:
CD Personal services;
uk) Public administration uses, such as post office, satellite police stations and
fire stations;~
(k) Day eare facilities, all;
(1) Co location of wireless communication facilities per Brcmcrton Municipal
Code (BMC) Chapter 20.56;
(m) Recycling collection station';"~
(m) Residential as a secondary use:
(n) Restaurant drinking place.
20.84 - 1 Limited Commercial
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20.84.060 DEVELOPMENT STANDARDS.
(a) Maximum front yard setback: Ten (1O} feett. At least seventy-five percent
(75%) of a building's front favade must meet the maximum front yard setback.
(b) &ideMinimum side yard setback: NooeZero (0) except ten (10} feet from
residential zones and the upper level setback requirements contained in BMC Section
20.84.070t:.
(c) ReafMinimum rear yard setback: NooeZero (0) except ten (10} feet from
residential zones and the requirements contained in BMC Section 20.84.070t:.
(d) Maximum building size: 15,000 gross square feet at ground levelt:.
(e) MaximumNo maximum building coverage: none, provided all setbacks
and landscaping standards are met.
(t) MaximumNo maximum development coverage: none, provided all
setbacks and landscaping standards are met:.
(g) Maximum building height: Fifty (50} feet:.
(h) Maximum building: heights within the Downtown Regional Center are
pursuant to Figure 20.74(a), and shall supercede BMC Section 20.84.060(g) above.
(i) Maximum density of secondary residential uses: Ten (10} units per acre.
20.84.070 DESIGN STANDARDS.
Bulk reduction. At any side or rear lot line adjacent to a residential zone, portions
of buildings above thirty (30} feet in height shall be set back one i.1lJoot in addition to
the standard setback per BMC Section 20.84.060 for each additional foot of height.
20.84.080 PARKING REQUIREMENTS.
Parking shall meet the standards of BMC Chapter 20.48.
20.84.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of BMC Chapter 20.50 and the following
requirements:
(a) Where a commercial use in the Limited Commercial zone is adjacent to a
residentially zoned lot, including across an alley from a residentially zoned lot a
landscape buffer consisting of meeting the following features standards shall be provided:
(1) A solid, view-obscuring wall or fence at least e-:-six (6) feet in
height;
(2) ,^..landscaped strip at least 5' in depth adjacent to the solid '.vall on
the side facing the residentially zoned lot;
(2) Measures taken to ensure quality in the visual character of the wall
or fence on the side facing the residentia110t. Measures may include any
combination of the following:
(i) Refined materials or textures such as brick or stone;
(ii) A landscaped strip at least five (5) feet in depth. Where a
wall is placed within the landscaped strip, the depth of the wall shall be included
in the measurement of the depth of the landscaped strip:
(3) A landscaped strip at least five (5) feet in depth::
20.84 - 2 Limited Commercial
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(4) Gaps for vehicular circulation from the alley not exceeding
fourteen (14} feet in width.
20.84.100 SIGN STANDARDS
Signs shall meet the standards of BMC Chapter 20.52. For freestanding signs the
maximum size and height standards of Figure 20.52(a) shall apply.
20.84 - 3 Limited Commercial
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I
CHAPTER 20.86
FREEWAY CORRIDOR ZONE (FC)
SECTIONS:
20.86.010 Intent
20.86.020 Outright Permitted Uses
20.86.040 Conditional Uses
20.86.050 Prohibited Uses
20.86.060 Development Standards
20.86.070 Design Standards
20.86.080 Parking Requirements
20.86.090 Landscaping Requirements
20.86.100 Sign Standards
20.86.010 INTENT.
The intent of the Freeway Corridor zone is to identify areas for commercial
activities that will typically be region-serving in nature and scale. Uses in the zone
benefit from high visibility from freeways serving the region, incorporate signage legible
to fast moving traffic, provide large areas for parking, and may include large scale
structures and/or outdoor display or storage areas. Design standards, buffering and/or
other techniques are used to mitigate the effects of the intense uses allowed in the FC
zone on less intense adjacent uses.
20.86.020 OUTRIGHT PERMITTED USES.
In the Freeway Corridor zone all uses are a110v/edpermitted outright except for
those uses set forth as Conditional Uses per BMC Section 20.86.040, and those uses
prohibited per BMC Section 20.86.050.
20.86.040 CONDITIONAL USES.
A Conditional Use Permit, which is approved pursuant to BMC ChapterSection
20.4G58.020, may permit the following uses:
(a) Heavy industrial -/ manufacturing provided:
(1) All standards of the Noise Levels Ordinance, BMC Chapter 6.32
are met;
(2) No unshie1ded light or glare will be visible during periods of
darkness in a residential zone;
(3) No odor, dust or smoke bi-product will be clearly detectable on
any adjacent or adjoining commercial or residential lot;
(4) The applicant can demonstrate that the use will not significantly
detract from the visual character of the area as seen from public rights of way or any
adjacent lot. UnkemptUnkept or unsightly storage, refuse, yard, or equipment areas are
elements with potential to negatively impact visual character.
(b) Adult business as defined inper BMC Chapter Section 20.fhM.6.11 o.
(c) Class II group residential facilities provided:
(1) The facility will not create an operational conflict with the
efficiency of large-scale freeway oriented commercial uses.
20.86 - 1 Freeway Corridor
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20.86.050 PROHIBITED USES.
The following uses are prohibited in the Freeway Corridor zone:
(a) Residential, as a primary or secondary use, except for Class II ~
residential facilitiesGroup Residential Facilities as a conditional use per BMC Section
20.86.040;
(b) Recreational vehicle park;
(c) Junk yard;
(e) Motion picture theatres;
(d) Any use with a significant adverse impacts on less intense uses in
neighboring residential zones, determined by the City by having any combination of the
following criteria:
(1) Noise encroachment. Generation of sound not meeting the
provisions of the Noise Levels Ordinance, BMC Chapter 6.32;
(2) Light / glare encroachment. Unshielded glare visible during
periods of darkness in an adjacent residential zone;
(3) Odor dust or smoke encroachment. Emission of an odor, dust or
smoke bi-product clearly detectable in any residential zone.
20.86.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accordance with the following
standards unless allowed for by law otherwise:
(a) PremMinimum front yard setback. Twenty (20} feet;
(b) SideMinimum side yard setback. NooeZero (0) except twenty (20} feet
Hemwhere abutting residential zones;
(c) Rear yard setback. NooeZero (0) except twenty (20} feet from residential
zones;
(d) MaxillRlmNo maximum building coverage~, except all setback and
landscaping requirements shall be met;
(e) MaxillRlmNo maximum development coverage~, except all setback
and landscaping standards shall be met;
(f) Maximum building height: Sixty (60} feet:.
20.86.070 DESIGN STANDARDS.
The following design standards shall be met:
(a) Bulk. The horizontal dimension of any structure facing a public right of
way shall include visual treatment at intervals not to exceed one hundred (100} feet, for a
width of not less than twenty (20} feet. Visual treatment shall be one or more of the
following types:
(1) An offset with a minimum depth of five (5) feet;
(2) A fa9ade material, texture or color that is visually different and
distinct from the base material, texture or color.
(b) Curb cuts. The number of curb cut site entries from public rights of way
shall be limited to the minimum number of curb cuts required for safe and efficient
vehicle circulation into and out of the site. No curb cut width may exceed forty-eight
(48} feet;:.
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20.86.080 PARKING REQUIREMENTS.
Parking shall meet the standards of BMC Chapter 20.48.
20.86.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of BMC Chapter 20.50 and the following
requirements:
(a) Buffers and screening adjacent to rights of way. All off-street parking
areas, vehicle storage areas, and outdoor storage or work areas, except for those areas for
display of vehicles or products for sale or lease, shall be screened or buffered from public
rights of way by any combination of the following:
(1) Five i2lJoot wide landscaped buffer with evergreen hedge or other
screen plantings of a size that will provide an immediate effective visual screen having a
minimum height of five (5) feet;
(2) Solid fence or wall a minimum of five (5) feet in height unless
modified by the City to correct a visibility obstruction; or
(3) An earthen berm planted with grass, shrubs, or other groundcover
and having an effective visual height of at least five (5) feet;
(b) Buffers or screening between commercial uses. The City may determine
that landscape buffering or screening is required along an interior property line shared by
commercial uses in cases where a higher intensity use such as light or heavy
manufacturing/industry abuts a commercial use that is frequently visited by members of
the public. Such buffering or screening is intended to minimize potential conflicts.
20.86.100 SIGN STANDARDS.
Signs shall meet the standards of BMC Chapter 20.52. For freestanding signs the
maximum size and height standards of Figure 20.52(a) shall apply.
. 20.86 - 3 Freeway Corridor
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I
,
CHAPTER 20.88
MARINE INDUSTRIAL (MI)
SECTIONS:
20.88.010 Intent
20.88.020 Outright Permitted Uses
20.88.030 Accessory Uses
20.88.040 Conditional Uses
20.88.060 Development Standards
20.88.070 Design Standards
20.88.080 Parking Requirements
20.88.090 Landscaping Requirements
20.88.100 Sign Standards
20.88.010 INTENT.
The intent of the Marine Industrial zone is to provide for areas of marine-related
light industrial uses within a waterfront-oriented complex. Marine Industrial areas should
include adequate screening, architectural standards, and other site design considerations
to assure compatibility with neighboring uses - especially residential and shoreline public
access areas. Developments shall be consistent with shorelines and critical areas
designations, functionally linked to marine-related activities, and accessible from the
waterfront through an on-site circulation system.
20.88.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:. outright:
(a) Light industrial! manufacturing uses that are functionally related to
marine related activities, including research, development and testing;
(b) General retail uses under 7,000 gross square feet that arc functionally
related to marine related acthities;
(a) Boat and marine vehicle sales:
fe.}(b ) Boat and marine vehicle service and repair;
(d) Boat and marine ','ehicle sales;
fe-}(c) Fully enclosed boat storage;
Cd) General office and business services- that areis functionally related to
marine-related activities;
(e) General retail under 7 ,000 gross square feet that is functionally related to
marine-related activities:
(f) Light industrial / manufacturing that is functionally related to marine-
related activities, including research, development and testing:
m( g) Location of wireless telecommunications facilities per BMC Section
20.46.140:
fgt(h) Residential as a secondary use;
AA(i) Restaurants and drinking places under 2,500 gross square feet that areis
functionally related to water-related activities. No drive drivc through lanes shall be
permitted;;
(i) '.v atcrfront parks, playgrounds or public 'v'ic';;ing facilities;
20.88 - 1 Marine Industrial
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(j) Transportation acti'/itiesfacility including marine freight and passenger
terminals, transit stops and transportation services;
(j) Location of wireless telecommunications facilities per Bremerton
Municipal Code (BMC)Chaptcr 20.56.
(k) Waterfront parks. playgrounds and open space. or public viewing: facility.
20.88.030 ACCESSORY USES.
The following accessory uses may be permitted when found in connection with a
principal use.
Fuel stations intended primarily for marine vehicles, provided ingress and egress shall
occur entirely within the MI zone, and not on roadways or parking areas adjacent to other
zones.
20.88.040 CONDITIONAL USES
Dry storage of marine vessels commonly referred to as dry stackinf!: may be
allowed to a height of fifty (50) feet provided a Conditional Use Permit is approved
pursuant to BMC 20.58.020. subiect to the following conditions:
(a) All other setback and development standards of the Marine Industrial zone
and the Shoreline Master Program are met:
(b) The dry stacking facility will not substantially obscure existing views to
the water from existing residences.
20.88.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accordance with the following standards unless
allowed for by law otherwise.
(a) Maximum front yard setback: Ten (10} feett. At least sixty-five percent
(65%) of a building's front fa<;ade shall meet the maximum front yard setback
requirement.
(b) Minimum side yard setbacks as follows:
(1) ftefleZero (0) from commercial zones;
(2) Five (5} feet from residential zones for fully enclosed uses and
twenty (201 feet for uses not fully enclosed.
(c) Minimum rear yard setback as follows:
(1) ftefleZero (0) from commercial zones;
(2) Five (5} feet from residential zones for fully enclosed uses and
twenty (20} feet for uses not fully enclosed.
(d) Maximum building height: Thirty-five (35} feet;
(e) Maximum building coverage: Sixty percent (60%.%} unless increased per
BMC Section 20.88.070(b);
(1) Maximum development coverage: Seventy-five percent (75%.%} unless
increased per BMC Section 20.88.070(c).
(g) Maximum density of secondary residential usetr.-: Ten (10} units per acre.
20.88.070 DESIGN STANDARDS.
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(a) Light, glare, and odors shall not impact or be readily discern able from
properties outside the MI zone, and all provisions of the Noise Levels Ordinance, BMC
Chapter 6.32 shall be met-;-.:.
(b) Maximum building coverage may be increased to seventy-five percent
(75%ril when separate buildings on more than one lot are constructed with uniformity of
the following architectural elements:
(1) reefRoof pitches;
(2) extcriorExterior building fa<;ade material;
(3) exteriorExterior building fa<;ade palette of colors;
(4) exteriorExterior window sash material and style.
(c) Maximum development coverage may be increased to eighty-five percent
{85%ril with a City-approved, on-site circulation plan depicting access to and from all
portions of the site and the waterfront-;-.:.
(d) All uses in the MI zone shall be screened from view from properties
outside the MI zone, including areas across an alley, by screening meeting the provisions
of BMC Chapter 20.50 and the following standards:
(1) aA solid view obscuring wall or fence at least six (6} feet in height;
(2) aA landscaped strip at least five (5} feet in depth adjacent to the
solid screen on the side facing the residentially zoned lot;
(e) Ingress and egress to all uses within the MI zone shall be from a collector
arterial roadway or higher roadway classification, or from a roadway or driveway that is
fully within the MI zone and not adjacent to other zones-;-.:.
(t) Hours of operation for light industrial/manufacturing uses shall be limited
to 7:30 AM to 7:30 PM.
20.88.080 PARKING REQUIREMENTS.
Parking shall meet the standards of BMC Chapter 20.48.
20.88.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of BMC Chapter 20.50.
20.88.100 SIGN STANDARDS.
Signage shall meet the standards of BMC Chapter 20.52.
For freestanding signs the maximum size and height standards of Figure 20.52(a) shall
mmlY.:.
20.88 - 3 Marine Industrial
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\
\
\
CHAPTER 20.90
INDUSTRIAL PARK {IP)
SECTIONS:
20.90.010 Intent
20.90.020 Outright Permitted Uses
20.90.040 Conditional Uses
20.90.060 Development Standards
20.90.070 Design Standards
20.90.080 Parking Requirements
20.90.090 Landscaping Requirements
20.90.100 Sign Standards
20.90.010 INTENT.
The intent of the Industrial Park zone is to provide an environment for and
conducive to a broad range of existing and future light industrial, office, and large retail
uses. The Industrial Park zone ensures a well planned complex with attention to
landscaping and architectural features. Site design in the Industrial Park zone ensures
compatibility with neighboring less intense uses, and provides a high quality environment
for the conduct of business.
20.90.020 OUTRIGHT PERMITTED USES...
The following uses are permitted outright:
(a) Light industrial/manufacturing;
(b) 'Varehousing;
(c) General office and business services;
(d) Finance insurance and real estate;
(e) Medical offices;
(f) Gencral and large retail;
(a) (g) Automobile service and repair;
(b) (h) Car wash;
(c) (i) Community facility;
(d) Day care facility;
(e) Drive-through facility;
(f) Entertainment uses;
(g) Finance insurance and real estate;
(h) Gas station;
U) Physical fitness & health clubs;
(k) Outdoor storage;
(i) (1) General and large retail;
U) General office and business services;
(k) Kennel;
(1) Light industrial/manufacturing;
(m) Medical offices;
(n) Nursery & greenhouse;
20.90 - 1 Industrial Park
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(m) Restaurants
(n) Drive through facilities and dri';e through lanes;
(0) Recycling collection station;
(p) Kenncl;
(q) Day care facility;
(0) (r) _Outdoor athletic fields, and sportscomplexest~
(p) (s) Outdoor storage:
(q) Physical fitness & health clubs:
(r) Public administration:
(s) Recycling collection station:
(t) Restaurants:
(u) Schools & education uses;
(t) Community uses;
(v) (u) Transportation facility:
(w) Warehousing:
(x) Wireless telecommunications facilities per BMC Section 20.46.140:
(y) Worship, and religious & church facility~.:.
(v) Entertainment uses;
(no) Public administration uses;
yy
(x) Public facilities;
(y) Transportation facilities;
(z) Wireless telecommunications facilities per Chapter 20.56
20.90.040 CONDITIONAL USES.
Uses in theThe following categoriesuses may be permitted in the Industrial Park
zone throughprovided a Conditional Use Permit is approved pursuant to BMC Section
20.Mh58.020:
(a) Heavy industrial -/ manufacturing provided:
(1) The applicant can demonstrate that the use will not significantly
detract from the visual character as seen from public rights of way or any adjacent lot.
Unkempt or unsightly storage, refuse, yard, or equipment areas are elements with
potential to negatively impact visual character.
(2) No odor, dust or smoke bi-product will be clearly detectable on
any abutting commercial or residentia110t;
(3) All standards of the Noise Levels Ordinance, Chapter 6.32 BMC
are met;
(4) No un shielded light or glare will be visible during periods of
darkness in a residential zone.
20.90.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accordance with the following
standards unless allowed for by law otherwise:
(a) FrefltMinimum front yard setback: Fifteen (15) feet, except twenty (20)
from residentially zoned lots including residentially zoned lots across a public right of
way from the IP zone.
20.90 - 2 Industrial Park
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(b) SffieMinimum side yard setback: teftTen (10) feet, except twenty (20) feet
from residentially zoned lots including residentially zoned lots across a public right of
way from the IP zone.
(c) ReafMinimum rear yard setback: teftTen (10) feet, except twenty (20) feet
from residentially zoned lots including residentially zoned lots across a public right of
way from the IP zone.
(d) Maximum building height: ffftyFifty (50) feet, provided that where
abutting a residential zone structures shall be set back one (1) additional foot for each
additional foot of height above thirty-five (35) feet;
(e) Maximum building coverage: Eighty-five percent (85%) provided all
setbacks and landscape requirements are met.
(f) Maximum development coverage: Eighty-five (85%) provided all setbacks
and landscape requirements are met.
20.90.070 DESIGN STANDARDS.
Development in the Industrial Park zone shall meet the following standards:
(a) Outdoor storage areas shall be screened from all adjacent property lines
with one of the following types:
(1) A solid view-obscuring fence or wall at least eight (8) feet in
height;
(2) A densely-planted, view-obscuring evergreen shrub or hedge at
least eight (8) feet in height, and thirty (30) inches in depth;
(b) Outdoor storage of materials exceeding fifteen (15) feet in height shall not
be located within thirty-five (35) feet of any property line.
(c) Drive-through facilities and drive through lanes shall be accessed from the
rear of a site and run along an interior lot line or building elevation.
20.90.080 PARKING REQUIREMENTS
Parking shall meet the standards of BMC Chapter 20.48-BMG.
20.90.090 LANDSCAPING REQUIREMENTS
Landscaping shall meet the standards of BMC Chapter 20.50, or as otherwise
modified by the following requirements:
(a) For each twenty (20) parking stalls, a landscaped area equal to one (1)
parking stall shall be provided;
(b) For each twenty (20) parking stalls one (1) tree shall be installed within a
landscaped area. Such trees shall meet the minimum plant material sizes as set forth in
BMC Chapter 20.50-BMG.
20.90.100 SIGNS STANDARDS
Signs shall meet the standards of BMC Chapter 20.52 BMC, except, For free
standing signs the maximum size and height standards of Figure 20.52(a) shall be limited
to monument signs that do not exceed eight (8) feet in height and one hundred (100)
square feet in area.~
20.90 - 3 Industrial Park
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I
20.90 - 4 Industrial Park
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CHAPTER 20.92
EMPLOYMENT CENTER (EC) .
SECTIONS:
20.92.010 Intent
20.92.020 Outright Permitted Uses
20.92.040 Conditional Uses
20.92.060 Development Standards
20.92.070 Design Standards
20.92.080 Parking Requirements
20.92.090 Landscaping Requirements
20.92.100 Sign Standards
20.92.010 INTENT.
The intent of the Employment Center zone is to offer a well planned and designed
environment where a potentially large employee population is offered the option to live
near places of employment. The EC zone provides for integration of employment
activities with housing and commercial activities scaled to serve the employee population
at the Center, thereby reducing home to workplace commute trips. Employment centers
create large numbers of jobs in uses to include office and services.
20.92.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless telecommunications facilities per BMC Section
20.46.140:
(b) Community use facility:
(c) Day care facility, all:
fated) General office and business services;
(b) Medical offices;
te-}(e) Finance insurance and real estate (no drive-through facilities);
M( f) General retai1~ (no drive-through facilities);
fet(g) RestaurantsHotels and drinking10dging places (no drhl'o through
facilities);~
(h) Medical offices:
(i) Outdoor athletic fields:
CD Park playgrounds and open space: and parks:
m(k ) Personal service business;
(1) Physical fitness and health clubs:
(m) Public administration:
tg:.}(n) Residential uses of the following types:
(1) Singlo unit structure attached or detached;
(1) Group residential facility - Class I:
(2) Townhouse;
(3) Multi-unit structure;
(1) Group residential facility Class I;
20.92 - 1 Employment Center
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(5) Nursing convalescent Home;
(6) Senior housing complex;
Hotels(3) Nursing convalescent home:
(4) Senior housing complex:
(5) Single unit structure - attached or detached:
(6) Townhouse.
(h) Restaurants and lodgingdrinking places;
(i) Physical fitness and health clubs;
CD Community uses;
(k) \Vorship, religious and coorch facility;
(1) Day CaTe facility, all;
fmt(o) Public administration uses (no drive-through facilities);
fflt(p) Schools and education uses;
(0) Outdoor athletic fields and parks;
(p) Public facilities;
(q) Transportation facilities ;facility:
(r) 'Nireless telecomllRlnications facilities per Chapter 20.56 BMC.
(r) Worship and religious facility.
20.92.040 CONDITIONAL USES.
The following uses may be permitted provided a Conditional Use Permit is
approved pursuant to BMC Section 20.58.020:
(a) Light industrial/manufacturing provided:
(1) No odor, dust or smoke bi-product will be clearly detectable on
any abutting commercial or residentia110t:
(2) All standards of the Noise Levels Ordinance, Chapter 6.32 BMC
are met:
(3) No un shielded light or glare will be visible during periods of
darkness on adiacent commercial or residentia110ts:
(4) The applicant can demonstrate that the use will not significantly
detract from the visual character as seen from public rights of way or any adiacent lot.
Unkempt or unsightly storage, refuse, yard, or equipment and mechanical areas are
elements with potential to negatively impact visual character.
20.92.060 DEVELOPMENT STANDARDS.
Development shall be in accordance with the following standards:
(a) Minimum density for residential uses: Fifteen (15) dwelling units / acre;
(b) 8ideMinimum side yard setback: OOfl:eZero (0), except where abutting the
low density residential zone the minimum setback shall be twenty (20) feet, plus an
additional setback of one (1) foot for each foot of height above thirty-five (35) feet;
(c) ReafMinimum rear yard setback: OOfl:eZero (0), except where abutting the
low density residential zone the minimum setback shall be twenty (20) feet, plus an
additional setback of one (1) foot for each foot of height above thirty-five (35) feet;
(d) PFefltMinimum front yard setback requirements: OOfl:eZero (0), except that
for residential uses with garages facing a public right of way, the garage shall have a
setback five (5) feet greater than that of the principal structure;
20.92 - 2 Employment Center
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(e) Maximum building coverage: Sixty-five percent (65%) base maximum,
provided that through the use of any combination of the following, dcycloprncntbuilding
coverage may be increased to a maximum of eighty-five percent (85%);
(1) Projects with two or more stories: Ten percent (10%) bonus;
(2) Projects containing mixed uses: Ten percent (10%) bonus;
(3) Projects incorporating at least fifty percent (50%) of required
parking underground or within the structure: Twenty percent (20%) bonus;
(f) No maximum development coverage provided all setbacks and
landscaping requirements are met;
(f) Maximum building height: Eighty (80) feet for residential uses, and Sixty
(60) feet for non-residential uses.
20.92.070 DESIGN STANDARDS.
(a) Blank facades. The horizontal dimension of any structure facing the
perimeter of the site along a public right of way shall provide one of the following visual
treatments for a width of twenty (20) feet at intervals not to exceed one-hundred (100)
feet:
(1) An offset with a minimum depth of five (5) feet;
(2) A fac;ade material, texture or color that is visually different and
distinct from that of the base material, texture or color;
(b) Structures containing general retail uses, restaurant uses, drinking place
uses, or personal service business uses shall have the following features:
(1) Large windows along any fac;ade facing the public sidewalk or a
sidewalk providing circulation within the site. At least sixty-five percent (65%) of all
such facades measured to ten (10) feet above sidewalk or surface grade shall be
comprised of such windows.
(2) Either a clearly identifiable entrance that is recessed or protruding
at least three (3) feet, or a canopy or overhang extending at least five (5) feet over the
sidewalk in the entrance area.
20.92.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48 BMC except as modified by the
following:
(a) Required parking for a non-residential use may be reduced by twenty
percent (20%) if the project is within 1,300 feet of designated transit oriented
development;
(b) Parking for residential uses shall not exceed two (2) spaces per residential
unit;
(c) For each twenty (20) parking stalls, a landscaped area equal to one (1)
parking stall shall be provided; and
(d) For each twenty (20) parking stalls one tree shall be installed within a
landscaped area. Such trees shall meet the minimum plant material sizes as set forth in
Chapter 20.50 BMC.
20.92.090 LANDSCAPING REQUIREMENTS.
20.92 - 3 Employment Center
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Landscaping shall meet the standards of Chapter 20.50 BMC, and the following
requirements.
(a) Where a side or rear lot line of a non-residential use is adjacent to a
residential zone, screening with the following characteristics shall be provided:
(1) A solid, view-obscuring wall or fence ~at least six (6) feet in
height;
(2) A landscaped bed at least 5 feet in depth abutting Measures taken
to ensure quality in the selt4-visua1 character of the wall or fence on the side
facing the residential ~10t. Measures may include any combination of the
following:
(i) Refined materials or textures such as brick or stone;
(ii) A landscaped strip at least five (5) feet in depth. Where a
wall is placed within the landscaped strip. the depth of the wall shall be included
in the measurement of the depth of the landscaped strip;
(3) A landscaped strip at least five (5) feet in depth.
20.92.100 SIGN STANDARDS
Signage shall meet the standards of BMC Chapter 20.52 BMC, except that all froe
standing signs shall be limited to monument signs not exceeding eight (8) feot in height
and sixty (60) square feet in area.. For freestanding signs the maximum size and height
standards of Figure 20.52(a) shall apply.
20.92 - 4 Employment Center
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--------------- ------------- ~--------
CHAPTER 20.94
INDUSTRIAL (I)
SECTIONS:
20.94.010 Intent
20.94.030 Outright Permitted Uses
20.94.030 Conditional Uses
20.94.060 Development Standards
20.94.080 Parking Requirements
20.94.090 Landscaping Requirements
20.94.100 Sign Standards
20.94.010 INTENT.
The intent of the industrial zone is to accommodate light and heavy industrial uses
in locations where there is limited interaction with residential uses. Uses include large
scale and/or heavy industries in a manner that reduces impact to the community while
meeting industry's needs for easy access, large sites, and locations that do not cause
conflicts with residential and other less intense use areas.
20.94.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) (a) Automobile service and repair;
(b) Car wash;
(c) Drive-through facility;
(d) Gas station;
(e) General office and business services over 5,000 gross sq. ft;
(f) Heavy Industrial/Manufacturing;
(g) (b) Kennel;
(h) Light Industrial/Manufacturing;
(c) Warehousing;
(d) General office and business services oyer 5,000 gross sq. ft.
(e) j\utomobi1e Service & Repair;
(f) Car wash;
(g) Gas station;
(i) (h) Nursery and greenhouse;
(i) Outdoor storage;
(i) Nursery & Greenhouse;
(k) U) Public administration;
(1) Recycling collection station;
(k) Kennel;
(m) (1) Outdoor athletic fields;
(n) (m) Stadiums &and sports complexes;-~
(n) Public facilities;
(0) (0) Transportation faci1ities;facility;
(p) (p) Warehousing;
20.94 - 1 Industrial
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(q) Wireless telecommunications facilities per Chapter 20.56 BMC Section
20.46.140.
20.94.030 CONDITIONAL USES.
Uses in theThe following categoriesuses may be permitted in the Industrial zone
throughprovided a Conditional (Special) Use Permit pursuant to Chapter 20.40 BMC:"
Section 20.58.020 is approved:
(a) Junk yard providedt~
(1) The use is not adjacent to a residentially zoned lot;
(2) A view-obscuring screen consisting of a solid wall or dense
evergreen shrub to a height of ten (10) feet is provided along all lot linest".
(b) Adult business as defined in Chapter 20.02 BMC;
(c) Group Residential Facility Class II provided the facility will not create an
operational conflict with the efficiency of large-scale industrial uses.
20.94.060 DEVELOPMENT STANDARDS.
Lot development requirements shall be in accordance with the following
standards unless -otherwise allowed by law:
(a) Fi=eBtMinimum front yard setback. Ten (10) feet, except twenty (20) feet
where abutting or across a public right of way from a residential zone;
(b) &iEleMinimum side yard setback. NeaeZero (0) except twenty (20) feet
where abutting a residential zone;
(c) -ReafMinimum rear yard setback. NeaeZero (0) except twenty (20) feet
where abutting a residential zone;
(d) MaximumNo maximum building coverage: None cxcept provided all
setbacks and landscaping standards shall beare met.
(e) MaxiIIHlmNo maximum development coverage: none except provided all
setbacks and landscaping standards shall beare met;
(0 Maximum building height: Fifty (50) feet for structures intended for
human occupancy, and no height limit for unoccupied structures such as cranes, antennas,
and mechanical apparatuses employed in industry, provided setback requirements are
met.
(g) Where abutting a residential zone structures shall be set back one (1)
additional foot for each additional foot of height above thirty-five (35) feet.
20.94.080 PARKING REQUIREMENTS.
Off street parking shall be provided in accordance with BMC Chapter 20.48
BMG.
20.94.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided per the requirements set forth in BMC Chapters
20.50-BMG, or as otherwise modified in this section.
(a) Where a heavy industrial/manufacturing use is abutting a residentially
zoned lot, including across an alley or public right of way from a residentially zoned lot,
a landscape buffer consisting of the following features shall be provided:
20.94 - 2 Industrial
Council Package #5 Review
(1) A solid, view-obscuring wall or fence at least eight (8) feet in
height;
(2) A landscaped strip installed and maintained by the industrial use,
at least five (5) feet in depth adjacent to the solid wall on the side facing the residential
zone.
20.94.100 SIGN STANDARDS.
Signs shall meet the requirements set forth in BMC Chapter 20.52 BMC. For
freestanding signs the maximum size and height standards of Figure 20.52(a) shall apply.
20.94 - 3 Industrial
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~----~_..
~
CHAPTER 20.96
CITY UTILITY LANDS (CUL)
SECTIONS:
20.96.010 Intent
20.96.020 Outright Permitted Uses
20.96.030 Accessory Uses
20.96.040 Conditional Uses
20.96.060 Development Standards
20.96.080 Parking Requirements
20.96.090 Landscaping Requirements
20.96.100 Sign Standards
20.96.010 INTENT.
The intent of the City Utility Lands (CUL) zone is to preserve resource-related functions
of land, and to protect watersheds and timberlands. The CUL zone is also intended to ensure
healthy forest cover and provide habitat for wildlife. The zone will accommodate some limited
commercial and recreational activities, which adhere to a high standard of environmental best
management practices, and low impact development.
20.96.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Educational and resource activities compatible with forest resources:
(b) Forest and wildlife management activities and forest practices:
(c) Groundwater development and aquifer protection:
(d) Hydropower activities and facilities:
fat(e) Public utilities functions and activities, and non-residential structures necessary to
execute such functions and activities;
(b) Hydropower activities and facilities;
fe-}( f) Wireless telecommunications facilities per Chapter 20.56 BMC;- Section
20.46.140.
(d) Groundv/ater development and aquafier protection;
(e) Forest and TNild1ife management activities and forest practices;
(f) Educational and resource activities compatible with forest resources;
20.96.030 ACCESSORY USES.
The following accessory uses may be permitted:
(a) Caretaker's residence associated with a permitted use;
(b) Temporary quarters associated with a permitted use.
20.96.040 CONDITIONAL USES.
AThe following uses may be permitted provided a Conditional Use Permit, is approved
pursuant to BMC Section 20.46.010 may permit the follov/ing uses.58.020. The conditional use
permit may allow modifications to parking, landscaping and other development requirements
necessary to mitigate environmental impacts.
20.96 - 1 City Utility Lands
PC Package #5 Pubic Hearing
(a) Residential development provided:
(1) The project consists of attached or detached single-unit dwelling units,
townhouses, or senior housing complex;
(2) The location does not interfere with City public utility functions and
activities;
(3) The location is adjacent to an existing recreational or residential use;
(4) Sustainable development and best environmental management practices
are employed to minimize environmental impacts such as:
(i) Low impact stormwater management and natural drainage;
(ii) Preservation of significant trees;
(iii) Clustered development;
(iv) Minimization of impervious surfaces;
(5) Maximum density shall be ten (10) dwelling units per acre, except twenty
(20) dwelling units per acre for senior housing complexes;
(6) Development standards per the low density residential zone, BMC
Sections 20.60.070 (atH2) through 20.60.070(d) are met;
(b) Passive outdoor public recreation such as trails:
(1) The location does not interfere with City public utility functions and
activities;
(2) The location is adjacent to an existing recreational or residential use;
(3) Sustainable development and best environmental management practices
are employed to minimize environmental impacts such as:
(i) Low impact stormwater management and natural drainage;
(ii) Identification and preservation of significant trees;
(iii) Minimization of impervious surfaces.
20.96.060 DEVELOPMENT STANDARDS.
Development standards for Conditional Uses shall be pursuant to the criteria set forth in
BMC Section 20.96.040.
20.96.080 PARKING REQUIREMENTS.
Parking shall meet the standards of BMC Chapter 20.48 BMG-and the following
requirements:
(a) Parking may not exceed two @stalls per residential dwelling unit;
(b) On-site parking requirements for a permitted or a conditional use may be reduced
by up to forty percent (40%) provided it can be demonstrated through a parking analysis that the
reduction would decrease impervious surface area, and the reduction would not cause parking to
spill over into adjacent areas.
20.96.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of BMC Chapter 20.50-BMG, except landscaping
requirements may be modified or reduced if it can be demonstrated that such modifications or
reductions preserve existing or native vegetation.
20.96.100 SIGN STANDARDS.
Signage shall meet the standards of BMC Chapter 20.52 BMC.
20.96 - 2 City Utility Lands
PC Package #5 Pubic Hearing
CHAPTER 20.97
WATERSHED (WS)
SECTIONS:
20.97.010 Intent
20.97.020 Outright Permitted Uses
20.97.030 Accessory Uses
20.97.060 Development Standards
20.97.080 Parking Requirements
20.97.090 Landscaping Requirements
20.97.100 Sign Standards
20.97.010 INTENT.
The intent of the Watershed (WS) zone is to protect the Bremerton public water
supply by controlling activities and maintaining high water quality at the source,
consistent with State and Federal regulations. It is further intended to maintain strict
control of access to and activities within the Union River drainage to allow the Union
River water supply source to continue in its unfiltered status.
20.97.020 OUTRIGHT PERMITTED USES
The following uses are permitted:
(a) Public utilities functions and activities related to the monitoring and
distribution of potable 'Hater;
(b) Hydropo~l,'er activities and facilities;
(c) Forest and wildlife management activities, and forest practices;
M(a) Educational and resource activities compatible with public water supply;
(b) Forest and wildlife management activities. and forest practices;
fe.}(c) Groundwater development and aquafieraquifer protection;
(d) Hydropower activities and facilities;
ffi( e ) Location of wireless telecommunications facilities per Chapter 20.56
BMC~ Section 20.46.140
(f) Public utilities functions and activities related to the monitoring and
distribution of potable water.
20.97.030 ACCESSORY USES
The following accessory uses may be permitted:
(a) Caretaker's residence or gate guard associated with an outright permitted
use;
(b) Non-residential structures necessary for the execution of an outright
permitted use;
(c) Temporary quarters associated with an outright permitted use.
20.97.060 DEVELOPMENT STANDARDS
Development shall be in accordance with the following standards:
20.97 - 1 Watershed
Council Package #5 Review
(a) All developments shall minimize the amount of impervious surface to that
necessary to execute a permitted use;
(b) Sustainable development and best environmental management practices
shall be employed to minimize environmental impacts such as:
(1) Low impact stormwater management and natural drainage;
(2) Identification and preservation of significant trees;
(3) Minimization of impervious surfaces.
20.97.080 PARKING REQUIREMENTS
Parking shall meet the standards of BMC Chapter 20.48-BMG, except required
parking may be reduced or waived by the Director in the Watershed zone in order to
reduce impervious surface area.
20.97.090 LANDSCAPING REQUIREMENTS
Landscaping shall meet the standards of BMC Chapter 20.50-BMG, except
landscaping requirements may be modified or reduced if it can be demonstrated that such
modifications or reductions preserve existing or native vegetation.
20.97.100 SIGN STANDARDS
Signage shall meet the standards of BMC Chapter 20.52 BMC..:.
20.97 - 2 Watershed
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CHAPTER 20.98
INSTITUTIONAL (INST)
SECTIONS:
20.98.010 Intent
20.98.020 Outright Permitted Uses
20.98.030 Accessory Uses
20.98.060 Development Standards
20.98.080 Parking Requirements
20.98.090 Landscaping Requirements
20.98.100 Sign Standards
20.98.010 INTENT.
The intent of the Institutional Zone (INST) is to provide for continued operation
and facilitate managed growth of existing major institutions within the City. Institutions
in the zone shall also be compatible with surrounding neighborhoods. Major institutions
include the Olympic College Campus, and the Harrison Hospital.
20.98.020 OUTRIGHT PERMITTED USES
The following uses are permitted:
(a) Hospitals;
(b) Medical offices and clinics;
(c) Higher education and colleges;
(d) Schools and education uses;
(a) Co-location of wireless telecommunications facilities per BMC Section
20.46.140;
(b) Community facility:
fet(c) General office and business services;
(d) General retail associated with an institution;
(e) Higher education and colleges;
(f) Hospitals;
(g) Medical offices and clinics;
(h) Outdoor athletic fields and park playground and open spaces
(i) Parking as a principal use;
U) Public administration;
ffi(k) Residential uses of the following types:
(1) Group residential facility - Class I;
(2) Nursing convalescent home;
(3) Senior housing complex;
(g) Community uses;
(h) Worship, religious and related facilities;
(i) 'Velfaro and charitable services and facilities;
(j) Day care facilities, all;
20.98 - 1 Institutional
Council Package #5 Review
(k) Public administration uses;
(1) Public facilities;
tffi}(l) Restaurants without (no drive-through facilities);
(n) General retail associated '.'/ith an institution (no drive through facilities);
(0) Outdoor athletic fields and parks;
(m) Schools and education uses;
ftB( n) Transportation facilities;facility;
(q) Parking as a principal use;
(r) Location of \vireless telecommunications facilities per BMC 21.02.335.
(0) Welfare and charitable services and facility;
(p) Worship and religious facility.
20.98.030 ACCESSORY USES.
Any subordinate use with a direct connection to or association with the core
functions of a higher education college or a hospital may be permitted by the
directorDirector as an accessory use.
20.98.060 DEVELOPMENT STANDARDS
Development shall be in accord with the following standards:
(a) I<reffiMinimum front yard setback: NefteZero (0), except ten (10) feet
where adjacent to any lot not within the Institutional zone;
(b) 8iEleMinimum side yard setback: NefteZero (0), except twenty (20) feet
where adjacent to any lot not within the Institutional zone;
(c) ReaFMinimum rear yard setback: NefteZero (0), except twenty (20) feet
where adjacent to any lot not within the Institutional zone;
(d) Maximum height: Eighty-five (85) feet provided all upper level setback
requirements are met;
(e) Upper level setbacks: where adjacent to any lot not within the Institutional
zone structures shall be set back one (1) additional foot for each additional foot of height
above thirty-five (35) feet.
20.98.080 PARKING REQUIREMENTS
Parking shall meet the standards of BMC Chapter 20.48-BMG.
20.98.090 LANDSCAPING REQUIREMENTS
Landscaping shall meet the standards of BMC Chapter 20.50-BMG.
20.98.100 SIGN STANDARDS
Signage shall meet the standards of BMC Chapter 20.52 BMC.,,-
20.98 - 2 Institutional
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From: Christine Grenier
To: Council Members
Date: 10/17/05 11 :26AM
Subject: Emmanuel Apostolic Church
Please find attached a letter submitted to the Planning Department from Emmanuel Apostolic Church in
support of proposed changes in the zoning code.
Christine
From: Geoffrey Wentlandt
To: Grenier, Christine
Date: 10/17/059:07AM i
Subject: Fwd: Emmanuel ApostoliC Church
I
Hi Christine,
Could you please distribute this correspondence from the Emmanual church to Council.
Thanks,
Geoffrey Wentlandt, AICP
City of Bremerton
City Planner
p. (360)-473-5845
>>> "Brody Law" <brodylaw@wavecable.ccm> 10/17/20058:44:23 AM >>>
Thank you for speaking with me this mornirlg. Could you please see that the
other Council members have copies of the attached. Thank you.
Lynn Swanson !
-- - - - - ------- ------------
City Council Meeting Notes
October 17, 2005
The Bremerton Planning Commission is in the process of perhaps
changing the zoning for properties on Sixth Street between Chester
and Warren.
The Planning Commission's staff has recommended that because
non-residential uses predominate the Sixth Street corridor that
commercial redevelopment of these properties as an integral part of
the regional urban core would be encouraged in this scenario. The
staff advises that Planning Commission recommend that "ORC -
Area B" be redesigned ORC and the zoning recommendation be
amended to BC.
Emmanuel's properties fall within Area B and are comprised of a
church and single-family homes which function as offices for church
administrative purposes. None of Emmanuel's properties on 6th
Street are used for residential purposes.
Emmanuel is very grateful for its location which affords it the
opportunity to serve its immediate neighborhood. The location is a
blessing to Emmanuel and Emmanuel is a blessing to the location.
Emmanuel's location is unique and critical because it is the threshold
to downtown Bremerton's changing and dynamic persona.
Emmanuel's dramatic architectural features announce to all traveling
on Sixth Street that the new downtown Bremerton is not only about
economic development but is also about the people who call
Bremerton home.
Emmanuel has a wonderfully blessed history. We started in a small
storefront between a dog grooming salon and a television repair shop
on Callow Avenue. When we outgrew that storefront, we moved to a
building which was little more than a shack in Navy Yard City on
Madrona and we turned that shack into a beautiful house of worship
thus improving the neighborhood. We outgrew that church but the
building has lived on to function to the benefit of the neighborhood:
as a senior center, as a Kitsap Mental Health facility for youth and
now, once again, as a house of worship. Our history documents that
we have enhanced every neighborhood where we have been.
Emmanuel is not an institution apart from the real world. True, our
primary purpose is spiritual growth but we know we live in the real
world and have been pro-active in business development, education,
and children.
For all of the foregoing reasons, we ask you, the City Council
members, to support and endorse the Planning Commission staff's
recommendation.
Thank you.
(
..
From: Andrea Spencer
To: City Council; kvet1 @earthlink.net; willmop@comcast.net
Date: Tue, Oct 18,2005 9:51 AM
Subject: re: zoning code changes
Mr. Vetter-
Thank you for your email regarding construction of garages.
Attached to this email are the proposed changes to the zoning code for accessory structures. You can
utilize these code provisions as you start to plan your own future construction projects. At this time the City
Council is scheduled to have a public hearing on the zoning code tomorrow (10/19) and it will be continued
to November 30, 2005. It is expected that Council will take action to adopt this code on November 30.
You are invited to provide testimony at Council on either of these evenings. Also, at any time you are
welcome to come talk with Community Development staff who can help you understand how the zoning
code affects your property, and help you plan for future improvements. If you would like to see the entire
proposed zoning code it can be viewed at :
http://www.cLbremerton.wa. us/forms/citycouncil/packet/2005/packet050ct19. pdf
You had also inquired if it was legal for a property owner to allow storage of items of renters in other
areas. The code allows storage as an accessory use for the property itself - use of a building for storage
of other rental properties would not be allowed. City Code Enforcement staff has sent the property owner
that was highlighted in the Kitsap Sun article a letter that details the allowed uses of his future garage (see
attached).
I hope that this information helps, and if you have any other questions please contact us.
Regards, Andrea
Andrea L. Spencer, AICP I Planning Manager
City of Bremerton I Department of Community Development
345 6th Street, Suite 600 I Bremerton WA 98337
Andrea.Spencer@cLbremerton.wa.us I 360.473.5283 I Fax 360.473.5278
>>> "" < kvet1@earthlink.net > 10/15/05 1:25 PM >>>
To whom it may concern:
Also; City Council,
Will Maupin:
After reading the article in the Kitsap Sun about a Karen Elton complaining about garage being built and
zoning changes, I tried to find information about the changes, that are understandably read or translated to
a property owner.
Although I do not wish to get involved in the arguement about the article; I see the person has over 2
acres of land, but plans on a garage not only for private use but also for storage for renters of other areas,
who do not live at the home. (Is that correct?)
Where can I find the information?
Are these changes already voted on?
Can I read and vote on these changes?
How would they affect me as a home owner and property owner who would one day like to enlarge my
own garage and storage space on my property and other improvements? (If ever can afford to.)
Why would or should the size of home be a consideration to size of garage on ones own property? ( I think
i.
this is wrong.)(Obviously a hobbyist could need much more room for tools, cars, etc. then hislher primary
dwelling depending on hobby projects. Even a car collector would be, not welcome in Bremerton area, if
he had space for a garage but only a small home?)
Have these thoughts been calibrated into the reality of restrictions? Or is it just the complaint of some
jealous persons causing problems?
Ken Vetter
429 S Summit Ave.
Bremerton, Wa. 98312
360-377-3907
kvet1 @earthlink.net
~
I
j'
The following is the text per proposed BMC Section 20.60.060 regarding regulations for
detached structures including garages in the Low Density Residential R-I0 zone. The R-
10 zone is the district that will be applied to single family residential areas in the City of
Bremerton after adoption of the Title 20 zoning code update.
(c) Detached Structures: The following standards shall apply to attached garages
and detached accessory structures.
(1) The maximum garage/carport (attached or detached) area shall be five-
I
hundred (500) square feet of gross floor aljea plus ten percent (10%) of gross floor area of
a-the principal residential use, provided:
(i) The garage/carp<i>rt does not exceed 1,000 square feet;
(ii) The square foot~ge of anyone garage/carport structure may be
increased up to a maximum of 2,000 squate feet of gross floor area if the setback from all
property lines is increased an additional fire (5) feet over the minimum setback
requirement for each additional one-hun<Jied (100) square feet of structure area exceeding
1,000 square feet.
(2) In addition to the requinements prescribed in BMC Section
20.60.060(c)(1), the maximum area of all ~ccessory structures, including attached and
I
detached garages, carports, barns, covered patios, cabanas, gazebos, and incidental
household storage buildings, excluding aJcessory dwelling units per BMC Section
20.46.010, is fifty percent (50%) ofthe gr~ss floor area of the principal use or five-
I
hundred (500) square feet, whichever is gtfeater, subject to maximum lot coverage
I
standards. :
(3) Maximum height of de~ched accessory structures (including garages)
shall not exceed the height of the principal structure.
(4) Setback of detached aCgessory structures is pursuant to BMC Section
20.44.060.
Code Enforcement Tel 360-473-5213
.Janet Lunceford Fax 360-473-5278
Building and Development Specialist 345 Sixth Street, Suite 600
janet.lunceford@ci.bremerton.wa.us Bremerton, WA 98337-1873
October 18, 2005
Scott Townsend
Highlander Group V
P.O. Box 491
Fox Island, W A 98333
re: 135 Lilac Lane, file #C05 0472
It has come to the City's attention that there may be a poteutial problem with your intended use ofthe lO-bay garage
structure you are building at 135 Lilac Lane. The issuance of a permit for this structure was conditioned as a non-
habitable, non-commercial, accessory use. An accessory use is defined in the zoning ordinance as "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." Use of this structure as storage for other rental properties, as reported to
be your intention in the recent article in the Kitsap Sun, is a violation ofthe zoning ordinance and subject to code
enforcement actions.
Please take the appropriate steps to clarifY your intended use of this structure in writing by October 31, 2005. If you
have any questions, you may call me at (360) 473-5213.
Janet K. Lunceford
Building and Development Specialist
cc: Andrea Spencer
file
----------- - --- ----
------ ------ - --- -- - --
DATE SUBMITTED: 9/19/2005 BILL # o~, .;2.qt;:>
AGENDA BILL
CITY OF BREMERTON .. ...
CITY COUNCIL . n
........................................................................................
SUBJECT: Resolution No. d.1'3 d- Committee Meeting Date: JD /; z..k.'5
adopting the 2006-2010 Consolidated Plan COUNCIL MEETING Date: )V I J '7 )Os
for HUD- funded Activities Department: Comm. Development
Presenter: Hugh Morgan
Phone: 473.5375
SUMMARY: A three to five year consolidated plan is required of each primary jurisdiction
receiving funds for local activities from the Department of Housing and Urban Development. The
City of Bremerton receives funding directly from HUD for Community Development Block Grant
funds and from Kitsap County as a consortium member for HOME funds. Annual allocations total
approximately $500,000 from each source.
A TT ACHMENTS: Proposed Resolution
FISCAL IMP ACTS (Include Budgeted Amount): Funds are pass-through.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: --'"::::::-'-~-'-~ '"-
FINANCE DIRECTOR:
MAYOR:
"
FISCAUBUDGET: .4 J- 7 ~.. CONSENT AGE~
. /~;f'"! ./ /, /j/ ./';1 ,/if h"~Mj .rJ.1 .1 ,
OPERATIONS. c.4,{...~.(~c.., ",',-/,~. /I'L,~,~:/_/ I
COUNCIL PRESIDENT: -. D ~ _ (l~
RECOMMENDED MOTION: Move to pass Resolution o. ~q~;:Ladopting the 2006-2010
Consolidated Plan for HUD- funded Activities.
COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action
RESOLUTION NO. d. q 8.;;\.
A RESOLUTION of the City Council of the City of
Bremerton, Washington, adopting the 2006-2010 Consolidated
Plan for Housing and Urban Development federal grants.
WHEREAS, the City of Bremerton and Kitsap County's current plan for publicly
based grant allocations and monitoring measures on the Consortium Plan will expire December
31, 2005; and
WHEREAS, the City and County currently cooperate by inter-local agreement in
a consortium sharing federal HOME funds; and
WHEREAS, a substantial number of Community Development Block Grant
(CDBG) funded activities are co-funded by City and County; and
WHEREAS, statistical data for consolidated planning activities for the City and
County is drawn from the same source and has been developed cooperatively with the same
consultant; and
WHEREAS, in order to continue receiving Housing and Urban Development
federal grants through the HOME and CDBG programs, the City is required to adopt a three to
five year Consolidated Plan outlining priorities, needs, ways and means of funding priorities;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Department of Housing and Urban Development mandated
Five- Year Consolidated Plan (Consolidated Plan) outlining priorities, needs, ways and means is
- hereby adopted by the City of Bremerton. The 3-5 Year Strategic Plan, outlining the
Consolidated Plan is attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. The Consolidated Plan, which has been developed as a consortium
between the City of Bremerton and Kitsap County, is hereby made the basis of funding priorities
for the forthcoming period 2006-2010.
SECTION 3. Pursuant to the existing interlocal agreement, the Consolidated
Plan will continue to operate utilizing Kitsap County as the lead agency for HOME funds.
CDBG funds given separately to the City and County, will be administered by each respective
primary jurisdiction (PJ).
1
2006-2010 HUD Consolidated Plan
SECTION 4. The Consolidated Plan does not bind either the City or the County
to following the lead of the other in allocations and spending, but does serve as a guide of mutual
benefit in providing services and initiatives beneficial to the low-income communities served.
SECTION 5. Severabilitv. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 6. E(fective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _
day of ,2005.
DAREN NYGREN, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk
R:\LEGAL\Resolutions\Community Development\HUD Consolidated Plan.doc
2
2006-2010 HUD Consolidated Plan
~'(~.~EiNI'r 0",
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~"I ,.1 ()~
0-1 "1Jl 3-5 Year Strategic ) an
~* - -; _ c - ~ ~ * ~
\ li ~ This document includes Narrative Responses to specific questions
G-: .', . ~...'t- that grantees of the Community Development Block Grant, HOME
')>6' \.0
~ OiE'''~ Investment Partnership, Housing Opportunities for People with AIDS
and Emergency Shelter Grants Programs must respond to in order to be compliant
with the Consolidated Planning Regulations.
Executive Summary
The Executive Summary is optional, but encouraged. If you choose to complete it,
please provide a brief overview that includes major initiatives and highlights that are
proposed throughout the 3-5 year strategic planning period.
3-5 Year Strategic Plan Executive Summary:
Needs identified and addressed in this Strategic Plan come back most often to having
a place to live.
Trends shown in the following plan reflect gains and losses in the low-income
communties of Kitsap County and the City of Bremerton and while area housing
affordability indexes run ahead of the national average, the general trend is down for
area housing affordability.
The Five Year Consolidated Plan, required of the Department of Housing and Urban
Development for each City, County, or State receiving federal formula grant funds,
addresses circumstances and projected needs of the low-income community. The
Plan's statistical foundation is generally the 2000 U.S. Census.
For the first time this year, HUD encourages communities to employ a series of
linked electronic files to specify goals and track progress through the five-year
period. This document is the narrative foundation for the electronic material. It is
common to City and County, while a number of specific tables will detail one
jurisdiction or the other.
The 2006-2010 Consolidated Plan for Kitsap County and the City of Bremerton brings
a new level of collaboration to the jurisdictions and focuses on the many
opportunities and liablities that affect both.
Strategic Plan
Due every three, four, or five years (length of period is at the grantee's discretion)
no less than 45 days prior to the start of thegrantee's program year start date.
HUD does not accept plans between August 15 and November 15.
Mission:
3-5 Year Strategic Plan 1 Version 1.3
City of Bremerton
Kitsap County: In a spirit of cooperation, the Kitsap County Block Grant Program
works with low income housing, and supportive services for individuals and families
to provide safe & healthy housing and self-reliant living. We support agencies, non-
profits, governments and individuals to identify, address and fund long term
solutions and projects that reduce homelessness, advance the availability of truly
affordable housing, and increase the social and economic vitality of neighborhoods
and individual.
City of Bremerton: We work with all members of the community to make Bremerton
a place of social, economic, and physical health by providing collaborative planning
processes and responsive development services to achieve our community's desired
future.
General Questions
1. Describe the geographic areas of the jurisdiction (including areas of low income
families and/or racial/minority concentration) in which assistance will be directed.
2. Describe the basis for allocating investments geographically within the
jurisdiction (or within the EMSA for HOPWA) (91.215(a)(l)) and the basis for
assigning the priority (including the relative priority, where required) given to
each category of priority needs (91.215(a)(2).
3. Identify any obstacles to meeting underserved needs (91.215(a)(3)).
3-5 Year Strategic Plan General Questions response:
1. Kitsap County, located across the puget Sound from Seattle, Washington, is a
peninsula with miles of shoreline, quiet waterways and many forested areas. Its
central City, once the heart of the area, is Bremerton, Washington. Following a
pattern common in America, gradual population and economic growth beyond the
original city center has led to prosperity in suburban and rural county areas while
leaving the City with older infrastructure, marginal housing and services attractive to
those who can afford no more. During the past five years, fresh perspectives and
increasing costs in land and housing in other parts of Puget Sound have led to
revitalization efforts in the City of Bremerton. Those efforts lead to living in the
downtown area by the affluent from Seattle and other areas, a return of goods and
services to the downtown area, increased homeownership and new economic reasons
to locate in the city. The Kitsap Peninsula offers by location in the puget Sound more
affordable living costs, again attracting those of marginal means hoping to enjoy the
economy of the greater area.
2. Bremerton CDBG allocations will be based on requests from service providers in
yearly funding rounds while HOME funds will be allocated as opportunities warrant.
Priorities are assigned by Citizen Committee or elected City Council. Exceptions are
the standing CDBG-funded loan program providing rehabilitation assistance to
homeowners and the HOME-funded down payment assistance to new purchasers.
Kitsap County CDBG will have an annual application cycle for CDBG/HOME funds
except for the ten percent set-aside in CDBG project funds for economic
development where applications will be considered as received and funding permits.
A Citizen Advisory Board will review eligible applications and make funding
3-5 Year Strategic Plan 2 Version 1.3
City of Bremerton
recommendations to the Kitsap Regional Coordinating Council based on the priorities
established in this plan.
3. In Bremerton, rapid population growth and a large military population detract
from sustained efforts to meet underserved community needs. The growing
population, often more affluent than long-term residents, tends to out-shout or out-
purchase those who may have less but have survived or endured in their
circumstances longer.
The concentration of Navy facilities brings mixed stability to the area. Jobs and retai I
are nourished by the presence of the fleet while core community efforts and
sustained changes lack long-term interest and leadership in the face of a constantly-
changing home port population.
Kitsap County, unlike Bremerton, is comprised of an extensive rural geography and
three cities, Poulsbo, Port Orchard and Bainbridge Island along with a County
government and Native American tribes. They independently make planning
regulations and they are at different phases of adapting to the soaring housing costs.
Over time service providers have settled in Bremerton to be within reasonable
transportation to clients. Transportation to services has become very difficult, time
consuming and costly for other County residents. There are two "Catch Twenty
Two's" to this historical siting of services and rental housing:
1. Low income homeless and very low income persons gravitate to Bremerton,
creating a imbalance in how and where to provide housing and services for the
County's poor.
2. The balance of renters and homeowners has been disproportionate, causing
Bremerton to have a 59% renter population compared to the County's 40% (more
consistent with the National Average.) which does not provide enough economic
stability for Bremerton.
This inequitable distribution throughout the County of rental housing and public
support services has become a priority for the County and its cities as well as
Bremerton. This dispersal (over time) of the low income populations and rental
housing throughout the County is a fundamental tenet of Bremerton and the
County's efforts to encourage mixed use and income development for the future
stability of residents and neighborhoods.
Managing the Process (91.200 (b))
1. Lead Agency. Identify the lead agency or entity for overseeing the development
of the plan and the major public and private agencies responsible for
administering programs covered by the consolidated plan.
2. Identify the significant aspects of the process by which the plan was developed,
and the agencies, groups, organizations, and others who participated in the
process.
3. Describe the jurisdiction's consultations with housing, social service agencies, and
other entities, including those focusing on services to children, elderly persons,
persons with disabilities, persons with HIV/AIDS and their families, and homeless
persons.
3-5 Year Strategic Plan 3 Version 1.3
City of Bremerton
*Note: HOPWA grantees must consult broadly to develop a metropolitan-wide strategy and other
. jurisdictions must assist in the preparation of the HOPWA submission.
3-5 Year Strategic Plan Managing the Process response:
1. Kitsap County will be the lead agency for HOME funds and its own CDBG
entitlement while the City of Bremerton will be the lead agency for its separate CDBG
entitlement. Working in partnership with the County and City are parallel housing
authorities.
The Bremerton Housing Authority owns and maintains the largest rental
tract in the County (disintegrating Naval housing from World War II), and provides
oversight for the Section 8 Voucher program in Kitsap County. Most of the income for
maintaining its local projects and preparing for a total redevelopment of Westpark
come from serving as a Contract Administrator for the states of Washington, Utah,
Nebraska, Idaho and Hawaii.
The Kitsap County Consolidated Housing Authority works as an area developer,
administering programs that result in affordable and market-rate housing both in the
County and the City of Bremerton). KCCHA owns 28 other public housing buildings
and has an affordable housing program that includes a Self-Help Housing Program, a
Homeownership Program that provides training and down payment assistance, a
homeowner rehab program and a development team that provides support to, for
profit agencies, governments and non-profits to develop preserve and arrange
financing for some of their projects.
Other CHDO organizations building, buying and developing housing in Kitsap County
include Low Income Housing Institute, Seattle (LIHI), Housing Resources Board
(HRB) Bainbridge Island, Habitat for Humanity of Kitsap County & Kitsap Community
Resources, providing mainly transitional housing tied to services.
2. John Epler & Associates, working on contract, brought together the statistical
basis for this Consolidated Plan. As an area leader in processes that serve the needs
of the homeless and low-income housing communities, Epler facilitated the priority
needs and strategies discussions with area providers and spoke to many of the area
experts. The Continuum of Care took a central role in developing their own plan,
most of which is provided within the content of this Consolidated Plan to ensure a
strict alignment with the strategies and expectations contained in this five year plan.
A 10 year homeless plan will be released by the end of 2005 as well. That process
runs parallel to this planning effort, but is guided by the state of Washington's
coordinated planning.
3. The following agencies and organizations were contacted and participated in the
planning process to assure the Consolidated Plan is comprehensive, and addresses
statutory purposes including reducing the number of households in poverty. These
agencies deal with many different populations, however, the required consultations
include the following: persons living with HIVjAIDS, children, CGP - Housing
Authorities participating in Comprehensive Grant Program, persons with disabilities,
elderly, government agencies, homeless persons, children identified as lead poisoned
and organizations reducing the number of people in poverty.
Agape Unlimited
American Red Cross
3-5 Year Strategic Plan 4 Version 1.3
City of Bremerton
Area Agency on Aging, Div. Aging & Long Term Care
B.l. Recovery Center
B.1. Senior Community Center
Bainbridge Youth Services
Bremerton Food Line
Bremerton Housing Authority
Kitsap Co. Health Dist - AIDS
Bremerton-Kitsap County Health District
Catholic Community Service/Long Term Care
Central Kitsap Food Bank
Bremerton Services Association
City of Bainbridge Island
City of Bremerton
City of Port Orchard
City of Poulsbo
Communitas
Washington Deptment of Veterans Affairs
Washington Division of Aging & Long Term Care
Washington Division of Vocational Rehab
Domestic Violence Task Force
Washington Department of Social and Human Services - Community Resources
Employment Placement Service
Family Service Center
Bremerton Foodline
Frances Haddon Morgan Center
Givens Community & Senior Center
Goodwill Industries
Green Mountain Adult Day Health
Green Mountain Rehab Medicine
Group Health Behavioral Health and Mental Health
Harrison Memorial Hospital
Helpline House
Holly Ridge Family Resource Center
Hospice of Kitsap County
Housing Resources Board
Kitsap County Board of Commissioners
Kitsap County Community Development Block Grant Office
Kitsap County Consolidated Housing Authority
Kitsap County Developmental Disabilities
Kitsap County Employment & Training
Kitsap Applied Technologies Community Health Center
Kitsap Community Resources
Kitsap County Habitat for Humanity
Kitsap County Housing Coalition
Kitsap County Job Training Center
Kitsap Mental Health
Kitsap Regional Coordinating Council
Kitsap Sexual Assault Center
Kitsap Tenant Support Services
Kitsap Transit ACCESS
Literacy Council of K.C.
Lutheran Social Services
Messenger House Care Center
3-5 Year Strategic Plan 5 Version 1.3
City of Bremerton
Ministerial Association
North K. Fishline
Olympic ESD Youth Recovery Program
Paratransit Services
Peninsula Services Day Treatment
Port Gamble S'Klallam Senior Center
Salvation Army
Senior FOCUS
Sound Works Job Center
South Kitsap Helpline
The Suquamish Tribe
Visually Impaired Persons
Volunteer Chore Service
WA State Employment Security Department
Washington PAVE
West Sound Treatment Center
YMCA - Childcare
YWCA- ALIVE Shelter for Battered Women
The agencies listed above deal with many different populations under many
missions, but make a common effort to communicate, in particular through the
Continuum of Care Coalition. These and other agency and service programs
associated with low income and homeless client care are described in the institutional
structure by category of service.
Citizen Participation (91.200 (b))
1. Provide a summary of the citizen participation process.
2. Provide a summary of citizen comments or views on the plan.
3. Provide a summary of efforts made to broaden public participation in the
development of the consolidated plan, including outreach to minorities and non-
English speaking persons, as well as persons with disabilities.
4. Provide a written explanation of comments not accepted and the reasons why
these comments were not accepted.
*Please note that Citizen Comments and Responses may be included as additional files within the CPMP
Tool.
3-5 Year Strategic Plan Citizen Participation response:
The Citizen Participation Plan (CPP) described below is the evolution and actualization
of broad base and targeted planning. The CPP recognizes the inputof resident
stakeholders as key to any improvements in the life and livelihood of residentsand
the quality and stability of neighborhoods. The purpose of the participation plan is to
provide Bremerton and Kitsap County citizens genuine involvement in identifying
issues and supporting program priorities.
The Plan is designed to provide citizens access to become part of the planning
process. To reach sub-populations who are often marginalized when it is time to rank
the most important issues, providers of services were asked to engage a client, in an
3-5 Year Strategic Plan 6 Version 1.3
City of Bremerton
informal way, in their thoughts about what important things are missing in their lives
that they believe can help them be more independent. Answers will be brought back
to Continuum of Care so service providers may reflect on new questions and
perspectives. This can be of particular importance with culturally sensitive issues. An
interview and survey were provided to the Westpark public housing tenants' board
for their priority issues of concern.
Continuum of Care Coalition was involved in HUD's Consolidated planning in advance
of other nonprofit and housing organizations. The McKinney grant process completed
by Continuum of Care applicants every May requires similar forms and criteria and
follows the same priority needs identified for the Consolidated Plan. The Homeless
portion of the Consolidated Plan is the lynch pin of the Coalition's planning process
and priorities and both plans will be completed before January. In addition, this year,
the Coalition has been working on a Ten Year Homeless Plan, required by HUD and
under the leadership of Washington State.
THE PARTICIPATION PROCESS
The Citizen Participation Plan was crafted by the administering agencies and
Continuum of Care Consortium. The Plan has been modified to reach additional
agencies, in particular agencies working with persons with disabilities and agencies
supervising and affected by the unprepared discharge of ex-prisoners, and
individuals leaving mental and physical health institutions and youth "aging out" of
foster care. In addition some modification with an eye toward obtaining broader
public input and encouraging more direct input from low-income public housing
tenants.
Development of the Draft Plan was a fourfold process:
First - a consultant familiar with the County through the State McKinney application
process, and very familiar with the Department of Housing and Urban Development
regulations and local statistical data. John Epler provided a solid draft of the data and
analysis as required by HUD Consolidated Plan instructions.
Second - the Continuum of Care group worked on the Ten Year Homeless Plan for
the state. Many of the discussions about evidence, issues and funding challenges led
to questions about how to acquire and preserve the quality of housing and support
services that lead to independence. In addition to the Consolidated Plan, the
Coalition has been working on the Continuum of Care Plan and the Ten Year
Homeless Plan. Keeping all the plans and strategies in sync will help agencies and
funds not stretch too thin.
Third - the Sept 9 Public Hearing discussions and notes and attendees. Some of the
new participants. Some of the new issues - prison, econ dev, vouchers etc.
Fourth - review through email and interviews with experts - HIV, Special Needs,
discharge.
The concerns of Continuum of Care Coalition awaits the decision regarding the
merger of the two PHAs. It is not clear if this can benefit the community monetarily.
The enormous change is expected to take a great amount of time, and require $300
million dollars to execute. Led by the Bremerton City Council and the Board of Kitsap
County Consolidated Housing Authority the decision about what kind of Public
3-5 Year Strategic Plan 7 Version 1.3
City of Bremerton
Housing Authority can best lead the development, relocation and funding
adjustments.
The community will be redeveloping Westpark, a large pre-WWII public housing
project over the next ten years and many critical concerns about geographical
dispersion will need many services to work together.
Citizens and agency representatives were notified of the publication of the Draft
Consolidated Plan by public notice in newspapers. The draft report was posted on the
County and City websites and interested parties were notified by email about where
to find the draft plan and how they could provide feedback or comment on the Draft
Plan.
Institutional Structure (91.215 (i))
1. Explain the institutional structure through which the jurisdiction will carry out its
consolidated plan, including private industry, non-profit organizations, and public
institutions.
2. Assess the strengths and gaps in the delivery system.
3. Assess the strengths and gaps in the delivery system for public housing, including
a description of the organizational relationship between the jurisdiction and the
public housing agency, including the appointing authority for the commissioners
or board of housing agency, relationship regarding hiring, contracting and
procurement; provision of services funded by the jurisdiction; review by the
jurisdiction of proposed capital improvements as well as proposed development,
demolition or disposition of public housing developments.
3-5 Year Strategic Plan Institutional Structure response:
Kitsap County has a great deal of the capacity already in place to carry out its
Consolidated Plan. Public jurisdictions, non-profit organizations and private interests
all collaborate to provide housing and community development opportunities
throughout the county.
Community Collaboration
Local collaborative community development planning is coordinated through the
countywide Kitsap Regional Coordinating Council. Planning staffs from each
jurisdiction also meet to decrease duplication of effort and provide networking.
Additionally, the jurisdictions have specifically addressed affordable housing
development through a variety of programs. Countywide tax-exempt revenue bonds
and HOME financed single/multi-family housing development and CDSG funded
housing rehabilitation programs are operated by the Kitsap County Consolidated
Housing Authority, to which the cities of Bainbridge Island, Port Orchard and Poulsbo
belong. The City of Bremerton operates CDBG/HOME funded housing rehabilitation
and home ownership programs within its jurisdiction. Many formal and informal
networks support the community's assessment, priority setting and collaborative
efforts.
Housing Authorities
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City of Bremerton
Both the Bremerton and Kitsap County Consolidated Housing Authorities own,
operate and develop public housing. Bremerton Housing Authority administers more
than 2,100 Section 8 certificates and vouchers used throughout the County. The
Housing Needs Assessment and Affordability Plan was completed in 1993 under the
direction of Kitsap County Consolidated Housing Authority to show both met and
unmet housing needs. Due to be revised soon, it provides a comprehensive picture of
housing trends, costs and conditions, an analysis of current housing affordability and
a projection of housing needs to 2000 and 2010 in unincorporated Kitsap County and
the Cities of Bainbridge Island, Port Orchard and Poulsbo. It reviews land use and
regulatory constraints and opportunities, as well as offering a range of options and
strategies to encourage affordable housing. The Kitsap County Real Estate Trends
Report, which is published twice a year, provides an additional, updated, description
of housing, economic development and real estate trends in Kitsap County.
There are at least nine private non-profit organizations within Kitsap County actively
providing housing or housing related services to very-low income, low-income,
homeless, and/or special needs populations. One of these, the Bainbridge Island
Housing Resources Board, is organized as a housing developer for very-low and low-
income populations in that area. The City of Bremerton has a down payment financial
assistance and a rehabilitation program providing home ownership opportunities to
very-low and low income households in the City, and Housing Resources Board has
developed a transitional housing facility for eight families on Bainbridge Island and
ten one-bedroom units using HOME funds.
Supportive Services
Additionally a wide range of supportive services is provided by non -profit
organizations. They include (but are not limited to):
D Rental assistance for households threatened with eviction; and housing and
financial counseling (Bainbridge Helpline House, Kitsap Community Resources
Bremerton and Kitsap Housing Authorities, Benedict House, (Bremerton) and
Northwest Justice Project and their legal referral and information hotline CLEAR;
D Mental health and medical services: Kitsap Mental Health Services, Kitsap County
Health District, the Learning Disabilities Association of Kitsap Peninsula Community
Health, Communitas, and Applied Technologies (developmental disabilities), Kitsap
County HIV/AIDS Foundation; Peninsula Regional Support Network; National Alliance
for the Mentally III, (local NAMI affiliate);
D Services for at-risk teens and families by Bainbridge Youth Services, YWCA Teen
Parent Program, Family Outreach; YMCA Night Program, B.I. Teen Center, Stand-Up
for Kids, work with and feed homeless teens and Boys & Girls Club of Bainbridge
Island.
D Seniors and the elderly receive information and referrals through the Senior
Information and Assistance program of the Kitsap County Division of Aging and Long
Term Care; personal and respite care is a growing need as people choose to stay at
home to avoid the high cost of nursing home care; Communitas, Catholic Community
Services, and Kitsap Tenant support services are three of the local care providers
and they are augmented by the Senior Nutrition Program known as "Chuckwagon"
that provides hot dishes and frozen meals to Senior meal sites and at home;
D Five food banks and several church and civic organizations provide supplementary
food and referrals to services along with holiday baskets, diapers, nutrition
supplements for babies, the sick and seniors. They work with many volunteers and
some provide job training for clients;
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City of Bremerton
D Kitsap Mental Health Services is an organization contracted by the local County
Consortium to provide mental health care. KMHS has developed and manages
residential units for mentally ill and independent living for persons throughout the
County, provides an independent living specialist and out-patient support and
provides a continuum of services beyond crisis intervention. In addition, KMHS works
with Harrison Hospital's mental illness crisis program;
D Kitsap Community Resources provides weatherization and energy
conservation services to very-low income households countywide, ensuring many
low-income households can remain in their heated homes at a reduced cost; KCR
provides case management for homeless families moving from crisis to stability and
permanent housing; KCR provides headstart and childcare, job training/referral and
operates transitional rental units for families who require supportive services
while they get on their feet;
o The YWCA ALIVE shelter has beds for women and their children who are fleeing
domestic violence along with services and case management for these and other
low-income populations;
D St. Vincent de Paul Society operates a shelter for single women;
o AGAPE owns and operates a transitional housing facility for chemically
dependent women in recovery and their children, and maintains a a separate shelter
for chemically dependent men. Other private and non-profit outpatient organizations
also support some of this substance abuse population. For example, a partnership
between West Sound Treatment Center and Oxford House worked with KCR to turn
an underused teen parent house into housing for substance abusers in recovery. In
addition, the County Drug Court has helped willing participants succeed with
treatment programs in exchange for a reduced or deferred sentence.
D Catholic Community Services operates the H.O.S.T. Program, and soon
permanent Men's Shelter called Benedict House, which provides
transitional shelter with supportive services for chronic and low-income
homeless men.
D Kitsap County Affordable Housing Task Force is sponsored by the Kitsap Housing
Coalition, a partnership made up of lenders, real estate professionals, businesses,
government, agencies, non-profits, homebuilders, and the community at large to
develop, educate and advocate affordable homeownership in the County of Kitsap
and neighboring communities. The Affordable Housing Task Force is formed to
determine what more can be done to provide increased affordable housing in Kitsap
County.
Indicators of Gaps in Services
Unfortunately, despite the wide range of programs available, the services offered
throughout the County are often insufficient in comparison to the need. Gaps in the
housing and supportive services system in Kitsap County can be seen in large part as
a function of low paying jobs and historically fluctuating vacancy rates combined with
accelerating housing costs and an often growing population. Very-low, low-income
and even moderate-income people are being priced out of the housing market. At
the same time they, and special needs populations, are competing for the same
supply of affordable housing, which grows in cost as the demand increases.
Following are some of the results of the competition for affordable housing and
support services:
o Cost burdens in excess of 30% and even 50% of income are typical in the very-
low and low-income rental populations in Kitsap County.
D As with renters, a very high number of low-income homeowner households have a
housing cost burden in excess of 30% of their income.
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City of Bremerton
D A survey completed in March 1999 (by Dupre + Scott Apartment Advisors, Inc. of
Seattle, Washington) found an overall decline in the apartment vacancy rate to
6.10% from a previous high March 1998 of 11.9%. The vacancy rates fluctuate
rapidly, and are strongly influenced by the arrival and departure of ships and their
crew at the Bremerton shipyard. This cycle is expected to continue.
D The level of cost burden on low-income homeowners, combined with the large
number of older houses throughout the County, creates a situation of deferred
maintenance and increasingly deteriorating housing conditions. This deferred
maintenance is exacerbated by the high mobility of the service population.
D The median home price in Kitsap County in the fourth quarter of 1998 was
$140,000, 2.3 % above a year before. (Trends, p.33). The October 1999 real estate
report (Source: Northwest Multiple Listing Service) indicates a range of average
sales prices throughout the county varying from the very low in West Bremerton of
$86,000.00 to the very high of $366,208 on Bainbridge Island, indicating a vast
discrepancy, in affordability.
D As of June 28, 2000, Bremerton Housing Authority has 1000 Applicants on the
Bremerton Housing Authority Section 8 Wait List, and 1069 Applicants on the Kitsap
County Consolidated Housing Authority Section 8 Wait List. Over three hundred forty
(340) families await public housing accommodation.
Indicators of housing market and inventory conditions:
Approximately 68% of renters with incomes between 31 and 50% of the median
family income ($24,050 for a family of four) pay more than 30% of their income for
housing.
Based on data from the Naval Housing Office collected in March 1999 there is 4.03%
renter vacancy rate for single family and duplex housing in Kitsap County.
Vacancy rates have not significantly affected the average rental rates recently, which
have continued to rise steadily between September 1994 and March 1999.
Conditions in the rental and owner housing markets contribute to an increase in
families and individuals at risk of becoming homeless. In addition, other agencies
also provide intake, assessment and case management services to low and no
income individuals in Kitsap County. Due to a lack of funds to fully meet requests,
most agencies must prioritize, by greatest need, the persons they assist. There is a
need for more emphasis on prevention activities to assist those who are at risk of
becoming homeless, and this will require additional funding.
Supportive Services
In general, supportive services provided to populations with special needs in Kitsap
County are of a high quality. However, overall federal and state funding for most
services has decreased or remained relatively stable during the past five years while
numbers of homeless individuals and families, and people with special needs have
increased throughout the County. New welfare law changes have increased the
number of working poor, and the closing of two Puget Sound Veterans facilities has
also added individuals to the needy roles. The high cost of permanent housing
challenges the working poor, and all special needs and homeless popu lations.
Homeless Shelters
Once an individual or family is forced out of their home there are few emergency
resources for their support. Kitsap Community Resources, the Salvation Army and
St. Vincent de Paul provide rental/mortgage assistance payments when funds are
available. Kitsap County has only 12 family shelter units, fewer than 30 beds for
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City of Bremerton
single people, and 17 beds for women and children who are victims of domestic
violence. None of these shelters is located in a rural location. Stays are generally
limited to a single stay in a twelve-month period. Stays can be for up to 90 days
(increased by the State of Washington in response to a need for longer stabilization
time needed). In addition to these shelter facilities, there are thirty units of
transitional housing in Kitsap County: 4 units in Bremerton, 10 units in Bainbridge
Island, 4 units in Silverdale and 8 units in Port Orchard and 6 scattered sites. There
are plans to develop an additional 4-6 units in Central and North Kitsap.
INDIAN TRIBES
Two Indian Reservations are located in northeastern Kitsap County: the Suquamish
Tribe and the Port Gamble-S'Klallam Tribe. These two entities maintain themselves
as separate assessment, development and funding grantees in relationship to
Federal HUD investment dollars. Each Tribal organization provides services, housing
and community and economic development needs according to their own priorities
and were not participants in this Consolidated Plan.
Suquamish Tribe
The Port Madison Indian Reservation is one of two Indian Reservations located in
northeastern Kitsap County, Washington, on Puget Sound. It is home to a Treaty
Tribe, the Federally recognized Suquamish Tribe, a sovereign nation.
The original inhabitants of the Reservation were primarily of the Suquamish Tribe
and a few from other tribes represented in the Point Elliott Treaty. The Tribe's 1996
membership roll lists over 780 enrolled members. Regardless of land ownership
patterns on the Port Madison Indian Reservation, all land within the exterior
boundaries is part of the Reservation, and subject to Tribal jurisdiction. The
Reservation consists of over 7,486 acres that contain tribal trust lands, individually
and collectively owned trust lands, historic allotments held in trust.
The Suquamish Tribe has its own land use and comprehensive plan. Additionally, the
Tribe was active in collaborating with Kitsap County and the residents and land
owners in Suquamish to fashion a community-based growth management plan
entitled Suquamish Community Plan. The plan was approved by the Kitsap County
Planning Commission with recommendations to the Kitsap County Board of
Commissioners to preserve and protect the integrity of the community-based plan.
Port Gamble-S'Klallam Tribe
History & Members
The Port Gamble S'Klallam Reservation consists of 1,341 acres located in the
northern end of the Kitsap Peninsula in Washington State. The Port Gamble S'Klallam
Tribe has been a Self-Governance Tribe since 1994. There are 935 enrolled Tribal
members and the current Reservation population is approximately 650.
Tribal Health Facilities and Programs
All Tribal services are located on the Port Gamble S'Klallam Reservation. The Tribe's
Health Center houses a medical and dental clinic as well as various health and
human service programs including emergency medical services, community health
services, mental health services and maternal child health. Youth counseling and
prevention programs are partially housed in a Youth Center. The Tribe's Recovery
Center is located about a half mile away. A part time medical director oversees the
Tribe's Health and Human Services Department. The Tribe is managing the Dental
Services Program for all Native Americans in Kitsap County. According to the
Portland Area Indian Health Service, the user population for 1997 was 855.
Housing:
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City of Bremerton
Housing on the Reservation is provided by the Port Gamble S'Klallam Housing
Authority, by the Ravenwood Mobile Home Park, or by individuals themselves.
Reservation housing is all located within two mi les from the Tribe's Health Center.
The Housing Authority owns and manages 39 single family rental units ranging in
size from two to four bedrooms. Ten of these units are for Tribal elders; four are
handicap accessible. The Tribe also has 29 homes for families through mutual help
programs and six single person homes. The homes managed by the Housing
Authority are 100% occupied by Tribal members or families of Tribal members. The
Housing Authority also manages homebuyer housing and is currently building
additional homes for Tribal members to purchase. Need for additional housing is
great, with 40-55 families on a waiting list.
The Ravenwood Mobile Home Park is owned and managed by the Tribe as an
enterprise. Fifty-five mobile homes are located in this park at the edge of the
Reservation. Residency is not restricted to Tribal members. Other homes on the
Reservation were either built by their owners or built with HUD grants and purchased
by Tribal members. Of these, 20 are in standard condition, 49 are in substandard
condition and 23 need to be replaced or condemned.
Sources: Websites
Suquamish http://www.suquamish.nsn.us/
Port Gamble S'klallam http://www.hccc.cog.wa.us/ (Hood Canal
Coordinating Council)
Monitoring (91.230)
1. Describe the standards and procedures the jurisdiction will use to monitor its
housing and community development projects and ensure long-term compliance
with program requirements and comprehensive planning requirements.
3-5 Year Strategic Plan Monitoring response:
Monitoring eligibility, performance, compliance, regulations and accomplishments as
well as tracking financial data are primary responsibilities of the lead agencies,
Kitsap County Block Grant Division for the HOME Consortium and County CDBG
activities and the City of Bremerton for its CDBG entitlement. Kitsap County and the
City of Bremerton will administer the Consolidated Plan. The Consortium has
established clear policies and procedures governing the application and allocation
process that have successfully been used and revised where necessary.
Each sub-recipient must sign a contract with the County or the City of Bremerton,
which outlines roles and obligations of the County/City and sub-recipient and lays out
the framework for the monitoring requirements. All contracts contain timelines and
scope of work to promote timeliness of expenditures and compliance with specific
goals and requirements. The project manager is responsible for clearly conveying the
requirements described in the agreement to the sub-recipients.
Throughout the year, sub-recipients are responsible for submitting Quarterly
Performance Reports, quarterly demographics, bi-annual budget reconciliation forms,
and each voucher is accompanied by a summary of appropriate back-up or copies of
original receipts and checks. Questions of capacity and expertise are reviewed
through this process, and supported where necessary by technical assistance,
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I
City of Bremerton
resource referral, or guidance. Information collected throughout the year is used to
provide direction for on-site monitoring at least once a year. Quarterly reports and
reimbursements are used to determine funding eligibility and timeliness of
expe nd itu res.
In addition to monitoring specific projects under contractual agreements, the County
and City provide resource material, information, instruction, guidance and referrals
to organizations in need of support.
During the program year, each sub-recipient will undergo a full, on site audit of
project and program records related to grant performance and fiscal accountability
by the Kitsap County Block Grant Division project managers, or the City of
Bremerton Block Grant project managers. The purpose of the review is to assess
performance against the agreement, and to verify all federal, state and local
regulations are satisfied. Where required, monitoring for affordability is also
performed on site. Housing Quality Standards (HQS) inspections are performed once
a year by qualified inspectors and are reviewed or completed by Block Grant project
managers. Each on-site monitoring follows specific procedures and a written checklist
that is maintained in the files. Letters of findings with a specific timeline for
completing tasks are written to each contract sub recipient. Sub recipients are
monitored in a timely manner for compliance with these written requests, and given
assistance or guidance where necessary.
Priority Needs Analysis and Strategies (91.215 (a))
1. Describe the basis for assigning the priority given to each category of priority
needs.
2. Identify any obstacles to meeting underserved needs.
3-5 Year Strategic Plan Priority Needs Analysis and Strategies response:
1. Priorities were generally assigned by acclaimation by those present for sessions
called to develop the Consolidated Plan. The more voices, the higher the rating of a
given need. Specific goals of this plan are shown in detail in subsequent sections.
Issues of homelessness were refined in earlier efforts to create a 10-year plan to end
homelessness.
Obstacles to underservice are implied in the following demographic accounts
delineating population growth, age~ income, employment and so on.
Administratively, understaffing and staff turnover prevent sustained responses to
services. Rapid population growth has the effect of eclipsing today's needs by
tomorrow's problems and in effect, forcing those in line for services to take one step
back as services go to more needy recent arrivals.
POPULATION
Population Growth
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City of Bremerton
Washington is growing much more rapidly than the country as a whole. Kitsap
County grew by 22% between 1990 and 2000 - a similar rate to the state as a whole
between 1990 and 2000. The county ranked 17th in the state in growth during the
period. Port Orchard grew by 54% while Poulsbo grew by 41 %. The city of Winslow
annexed Bainbridge Island in 1991 and was renamed "Bainbridge Island" in 1992, so
no comparison between census years can be made for this new city.
While Bremerton continued to be the most populous municipality in the county at
38,142 in 2000, the city's population had actually decreased slightly, by 2% from
1990.
By 2004, Poulsbo (+2.7%), Bainbridge Island (+1.9%) and Port Orchard (+1.9%) all
posted gains in population (Kitsap County Trends, 2005). Bremerton's population
dropped by 3.1%.
Table 1 - Population 1990 and 2000
Location 1990 2000 Change
Bremerton 38,142 37,259 -2%
Bainbridge Island NjA 20,308 NjA
Port Orchard 4,984 7,693 54%
Poulsbo 4,848 6,813 41%
Kitsap County 189,731 231,969 22%
Washington 4,866,692 5,894,121 21%
Source: US Census.
By 2004, Poulsbo (+2.7%), Bainbridge Island (+1.9%) and Port Orchard (+1.9%) all
posted gains in population (Kitsap Trends, 2005) yet Bremerton's population dropped
by 3.1%. While Bremerton's downward population trend was altered by a slight
growth each year between 2000 and 2003, estimates in both 2004 and 2005 show
additional losses. As of April, 2005, the estimated Bremerton population was 34,580
(OFM, 2005). This is an estimated 7% decrease in population from the 2000 census.
This trend toward population loss is expected to slow in the latter part of 2005 as
recently constructed condominiums on the Bremerton waterfront begin to fill. As of
April 2005 Bremerton ranked 27th among cities in the state.
As of April, 2005, the estimated Kitsap County population was 240,400 (OFM, 2005).
By 2020 the population of the county is expected to grow to approximately 307,100
(OFM intermediate projections, 2002).
Figure 1 (attached) shows the 2000 census tracts and block groups in Kitsap County
and the City of Bremerton. Figures are included the the electronic file: Strategic Plan
Additional Files. This will serve as a reference for the information presented and
discussed in subsequent sections of this report.
Age
By the 2000 census, the median age of the population in the United States was 35.3
years, a significant jump of two plus years from the previous census. This increase is
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City of Bremerton
due in large part to the aging of baby boomers (those born between 1946 and
1964). The "boomers" are pushing up the percent of the population between the
ages of 45 and 64 years. At the same time, however, the population 65 and older
increased at a slower rate than the general population because of the relatively lower
birth rates in the late 1920s and early 1930s.
Table 2 - Age of Population 2000
Age Bremerton Bainbridge Port Orchard Poulsbo Kitsap State US
o to 17 24% NjA 25% 24% 28% 26% 26%
18 to 44 50% NjA 44% 39% 44% 44% 40%
45 to 64 12% NjA 16% 17% 17% 23% 22%
65 plus 14% NjA 16% 20% 11% 12% 12%
Median age 30.9 43.0 31.2 39.3 35.8 35.3 35.3
Source: US Census
The median age of the population in Kitsap County (median age 35.8) is just slightly
older than the state and the nation (both 35.3). The "baby boomers" have probably
contributed to the rise in the percent of Kitsap County's population between 45 and
64 years: this age group rose from 17% of the total in 1990 to 24% in 2000.
Persons 65 and older remained at 11 % during the period.
Overall, Kitsap County age composition was similar to that of the state. However,
each of the cities varied from the average of the county. Bremerton's and Port
Orchard's population ages 18 to 44 (46%) was much higher than Bainbridge Island's,
with just 27%. Poulsbo had a much higher number of seniors, where 20% of its
population was 65 or older. This inevitably impacted the median age for the city,
which was 39.3 compared with the county's 35.8. Bainbridge Island overall had a
much higher median age of 43.
Between 1990 and 2000, the number of persons 85 years and older living in Kitsap
County increased by 62%, compared to the overall population growth of 22%. By
law this population is eligible to live in legally "age -restricted" communities, which,
while meeting the housing and service demands for one segment of the population,
can reduce housing choices for others.
The population in Bremerton is considerably younger than the county as a whole,
with a median age of 30.9 in 2000. The preponderance of young adults is likely
influenced by the presence of the military base. The percentage of Bremerton
residents in the "boomer" age group is roughly half that of the state, while the
number of persons over 65 is somewhat higher than the county and state
percentages.
Race and Ethnicity
For the first time, the 2000 census allowed designation of two or more races.
Designation of ethnicity (Hispanic) remained unchanged between 1990 and 2000,
but the flexibility in choice of race may have influenced peoples' designation of
Hispanic origins in the census. Because of changes in the US census, a comparison of
the population composition in 2000 with that in 1990 cannot be completely accurate.
Over time these changes will provide a more accurate picture of diversity in all
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City of Bremerton
communities. In the meantime, the changes make it difficult to assess recent trends
in race and ethnicity with certainty.
Kitsap County is overall less diverse than Washington State or the United States.
However, Bremerton was highly diverse compared to the other cities in the county.
Like the country as a whole, 25% of Bremerton's population was non-white in 2000.
In the U.S. as a whole, there was a 56% increase in the Hispanic population between
census years. While Hispanics made up just 4% of the population in Kitsap County
(compared to 8% in the state), 7% of the population in Bremerton identified
themselves as Hispanic. The Hispanic population nearly doubled in Port Orchard and
Poulsbo between census years.
Table 3 - Population by Race and Ethnicity 2000
Race Bremerton Kitsap Co State US
White 75% 84% 82% 75%
Black/Africa n America n 8% 3% 3% 12%
American Indian/ Ak Native 2% 2% 2% 1%
ASian/Pacific Islander 6% 5% 6% 4%
Other race alone 3% 1% 4% 6%
Two or more races 7% 5% 4% 2%
Ethnicity
Hispanic (of any race) 7% 4% 8% 13%
Race Bainbridge Port Orchard Poulsbo
White 93% 82% 88%
Black/African American 0% 4% 1%
American Indian/Ak Native 1% 2% 1%
Asian/Pacific Islander 2% 5% 3%
Other race alone 1% 1% 2%
Two or more races 3% 6% 5%
Ethnicity
Hispanic (of any race) 2% 5% 5%
Source: US Census
Figure 2 (attached) shows the percent of non-Hispanic white population by block
group, which is a relatively unambiguous way to consider the areas of the city with
concentrations of racial or ethnic minority populations. For purposes of this
Consolidated Plan, areas of minority concentration are defined as census tracts
where 25% or more of the population is racial or ethnic minority. By that definition,
block groups INSERT have a disproportionate share of minority population.
Languages Spoken and Linguistic Isolation
The 2000 census found that 11 % of the United States population was born outside
the country (not US citizens at birth). Just under of 5% of people in the United
States were recent immigrants (had arrived between 1990 and March of 2000). In
Washington, 10% of the population was born outside the United States in 2000,
compared to 6% in Kitsap County. Two percent of the population in Kitsap County
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City of Bremerton
(3,598 persons) were recent immigrants (entry from 1990 to 2000), compared to
5% in both the state and nation.
Recent immigrants represented 3% of the population in Bremerton in 2000 (1,210
persons); 7% of the people in Bremerton were born outside the United States (2,681
persons).
Immigrants in general face significant disadvantages when entering the country.
Among these are weak to no English language skills, adjusting to a different role of
government and the difficulties of adapting to a new culture, lifestyle, food, climate,
customs - all of which can be daunting. Furthermore, recent immigrants often find
their job skills incompatible with the local job market.
Whether new to the country or longer-term residents, people with limited English-
language skills face barriers in accessing services and understanding important life
transactions. This includes such things as comprehension of legal rights, how to
qualify for and buy a home, communicating with health-care professionals, and more
routine day-to-day activities. Linguistic isolation can be a critical barrier in
emergencies.
Eight percent of the population in Kitsap County over 5 years of age spoke a
language other than English in the home,and about one-third of them spoke English
"less than well," which implies some degree of difficulty. The predominant language
category reported was "Asian and Pacific Island languages" (46%), with 30%
speaking Spanish, and 22% speaking "other Indo-European languages. II
Eleven percent of the population in Bremerton over 5 years of age spoke a language
other than English in the home, and 37 percent of the population 5 years of age and
older said they spoke English "less than well." The predominant language category
reported in Bremerton was "Asian and Pacific Island languages" (46%), with 30%
speaking Spanish, and 19% speaking "other Indo-European languages."
The census identifies "linguistic isolation" as a case when no person in the household
(14 years old and over) speaks only English, or speaks a non-English language and
speaks English "very well. II In other words, all persons in the household 14 plus
years old have at least some difficulty with English. In 2000, 2,106 people (or 1 % of
the population of Kitsap County) were considered linguistically isolated. In
Bremerton, the county's most diverse city, 709 people (or 2% of the population 5
years of age or older) were considered linguistically isolated.
Households and Household Composition
The total number of households in Kitsap County increased by 25% between 1990
and 2000, compared to a 22% increase in the total population during the same
period. Poulsbo's total household number grew by 39% and Port Orchard's by 46%,
between 1990 and 2000.
Family households comprised 71% of the total Kitsap County households in 2000,
which was a slight decline since 1990. Overall, the Kitsap County types of
households fluctuated little between the 1990 and 2000 census years. Fifty-six
percent of Poulsbo's households were family households, compared to 61% in Port
Orchard. There was an increase in the percent of non-family households in the
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City of Bremerton
county between 1990 and 2000, reflected in the higher percent of small non-family
households in 2000 compared to 1990. Consistent with a relatively constant
percentage of retiring population in Kitsap County between census years, elderly
single households rose by only 8% between census years, comprising 8% of total
households (the same as the state as a whole). Average household size decreased
just slightly from 2.65 to 2.60 in Kitsap County in 2000.
In Bremerton the total number of households increased by 3% between 1990 and
2000, compared to a 2% decrease in the total population during the same period.
Fifty-six percent of the total Bremerton households in 2000 were families. In
comparison, the number of households in Kitsap County increased by 25% between
1990 and 2000. Non-family households made up 44% of the total households in
Bremerton in 2000, largely single individuals. This affects the average household size
in Bremerton, which was 2.30 in 2000.
The average household size is generally declining in the United States for several
reasons, including the trend toward smaller families in general, childless couples,
single-parent households, and an increase in the number of "empty-nesters" as the
baby boomers age. The average household size in the United States in 2000 was
2.59 persons per household.
Table 4A - Kitsap Households, 1990 and 2000
1990 2000 1990-2000
Type of Households Number % Number % % Change
Non-family households 19,167 28% 25,072 29% 31%
Single 15,327 22% 19,537 23% 27%
Elderly single 5,546 8% 6,896 8% 24%
Small (2-4 people) 3,752 5% 5,418 6% 44%
Large (5+ people) 88 00/0 117 0% 33%
Family household 50,100 72% 61,344 71% 22%
Small (2-4 people) 42,901 62% 52,850 61% 23%
Large (5+ people) 7,199 10% 8,494 10% 18%
Total households 69,267 100% 86,416 100% 25%
Average household size 2.65 -- 2.60 -- -2%
Table 4B - Bremerton Households, 1990 and 2000
1990 2000 1990-2000
Type of Households Number % Number % % Change
Non-family households 5,933 40% 6,627 44% 12%
Single 4,799 33% 5,343 35% 11%
Elderly single 1,801 12% 1,798 12% <1%
Small (2-4 people) 1,113 8% 1,257 8% 13%
Large (5+ people) 21 <1% 27 <1% 29%
Family household 8,785 60% 8,469 56% -4%
Small (2-4 people) 7,616 52% 7,281 48% -4%
Large (5+ people) 1,169 8% 1,182 8% 1%
Total households 14,718 100% 15,096 100% 3%
Average household size 2.34 -- 2.30 -- -2%
Source: US Census
3-5 Year Strategic Plan 19 Version 1.3
City of Bremerton
Group Quarters
Three percent of Kitsap County's population in 2000 lived in group quarters - more
than the state (with 2%). The Kitsap County group quarters population is split
between institutionalized (47%) and non-institutionalized (53%) quarters. Nursing
homes comprised 19% of all Kitsap group quarters in 2000. In the county, the
nursing home population declined by 10% between 1990 and 2000.
Seven percent of Bremerton's population (2,004 persons) in 2000 lived in group
quarters, the highest percentage of group quarter population in the county. Most
(77%) of the population housed in group quarters were living in military quarters.
Bremerton housed nearly three-quarters of the military quarters population in Kitsap
County in 2000. Another 348 people were living in nursing homes, a population
decline of 36% since 1990.
ECONOMY AND EMPLOYMENT
Employment Trends
There were 105,000 people in the Kitsap County workforce in 2004. The largest
employment sectors fell into the following areas:
Employment in Kitsap County Total Employment
Non-Farm 80,700
Service Providing Employers 74,100
Private Sector 53,400
Public Sector 27,200
Federal/Department of Defense 14,900
Source: Kitsap County Trends, 2005.
The top ten employers in Kitsap County were dominated by the public sector and, in
particular, by the military. Only two of the ten largest employers were private sector
firms (Harrison Hospital and Johnson Controls).
Table 5 - Top Employers in Kitsap County, 2004
Employers Employees
Naval Base Kitsap 15,815
Puget Sound Naval Shipyard 8,125
Central Kitsap School District 1,674
Harrison Hospital 1,574
Naval Undersea Warfare Center 1,368
South Kitsap School District 1,211
Kitsap County Government 1,190
North Kitsap School District 956
Naval Hospital Bremerton 885
Johnson Controls World Services, Inc. 870
3-5 Year Strategic Plan 20 Version 1.3
City of Bremerton
Source: Kitsap County Trends, 2005.
Statewide, jobs grew by 2.1 % between April 2004 and April 2005, lagging behind the
national rate of 2.5%. Kitsap County employment however, expanded by 2.68%
during that period (Employment Security Department). During the first three
quarters of 2004, a total of 6,300 jobs were created in the county, with 98% of the
growth in the private sector (Kitsap County Trends, 2005).
Unemployment
Unemployment in Washington State has mirrored that in the nation since 1990,
although the unemployment rate tends to be a little higher in Washington because of
a reliance on resource-based industries (Washington Trends, OFM). In periods of
economic downturn, the gap between Washington State and the nation widens. In
2002, for example, the unemployment rate in Washington was 7.3% compared to
5.8% in the nation. According to the U.S. Bureau of Labor Statistics, the 2003
unemployment rate in Washington had risen to 7.5% and that in the nation as a
whole rose to 6.0%.
Unemployment in Kitsap County tends to be lower than the state, though higher than
the nation as a whole. In 2004, the County's unemployment rate was 5.9, compared
with 6.2 in the state. However, it was still higher than the nation's unemployment
rate of 5.5 (Kitsap County Trends, 2005).
Table 6 - Biennial Unemployment Rates, 1990 - 2004*
Year Bremerton MSA** Washington US
1990 4.0 4.9 5.6
1992 5.8 7.6 7.5
1994 6.2 6.4 6.1
1996 5.8 6.5 5.4
1998 4.5 4.8 4.5
2000 5.1 5.2 4.0
2002 6.5 7.3 5.8
2004 5.9 6.2 5.5
*Not seasonally adjusted.
**Includes all of Kitsap County.
Source: Bureau of Labor Statistics
Figure 3 (attached) shows a more detailed comparison of unemployment rates since
1990.
Education and Workforce Development
Twenty percent of the population in the United States (aged 25 years and older) did
not have a high school diploma or the equivalent in 2000. Washington was better
educated in comparison - 13% of the population 25 and older did not have a
diploma. Kitsap County residents in general were more educated than Washington
State. In Bainbridge Island, 61% of the population 25 and older had a bachelor's
degree or better compared to 14% in Bremerton and Port Orchard.
3-5 Year Strategic Plan 21 Version 1.3
City of Bremerton
Table 7 - Highest Education Levels 2000 (Population Aged 25 Years and Older)
Highest Level Bremerton Kitsap State US
No high school* 14% 9% 13% 20%
High school* 31% 25% 25% 29%
Some college 32% 31% 26% 21%
Associate degree 9% 9% 8% 6%
Bachelor's degree 10% 17% 18% 16%
Master's degree plus 4% 8% 9% 9%
Highest Level Bainbridge Port Orchard Pou Isbo
No high school* 3% 17% 13%
High school* 9% 32% 24%
Some college 23% 29% 26%
Associate deg ree 5% 8% 7%
Bachelor's degree 35% 10% 19%
Master's degree plus 26% 4% 10%
*High school diploma or equivalency.
Source: US Census
Figure 4 (attached) compares highest education levels for 2000.
Education level is an important predictor of unemployment. According to the Bureau
of Labor Statistics, education level~ are proportional to both unemployment rate and
median weekly earnings. While the unemployment rate in the U.S. for a high school
dropout was 7.3% in 2001, it was 14.2% with a high school diploma, 2.5% with a
bachelor's degree, 2.1% with a ma:ster's degree, and 1.1% with a doctoral degree.
Furthermore, for all college degree$ from associates to doctoral, earnings exceed the
median wage. In 1996, those with(j)ut a high school diploma or equivalency earned
60% less than those with some colllege, and 120% less than those with a bachelor's
degree.
Table 8 - Median Weekly Earnings, 1996, by Level of Educational Attainment
Highest Education Level Attained Earnings
High school drop-out $317
High school graduate $443
Some college $504
Associates degree $556
Bachelor's degree $697
Master's degree $874
Doctoral degree $1,088
*Based on those 25 or more years of age who are working full time.
Source: Bureau of Labor Statistics.
Household Income
The measures of median househol9 and median family income in Kitsap County were
similar to the state median in 199~. As with educational attainment, however, there
3-5 Year Strategic Plan 22 Version 1.3
_________ - ________.. __________________n_ _..__ _ _ __ __ __ ____________________ __ __ ________ ___ _________n_____.....____________ ________ -----------------
City of Bremerton
was a considerable difference in earnings within the county. The median income of
Bainbridge Island households was 50% higher than average households throughout
the county. By contrast, the median income of households in Bremerton was 34%
lower than the county.
Table 9 - Household and Family Income 1999
Income Measure Bremerton Kitsap State
Median household $30,950 $46,840 $45,776
Per capita $16,724 $22,317 $22,973
Median family $36,358 $53,878 $53,760
Median earnings, male* $28,320 $39,889 $40,687
Median earnings, female* $23,523 $28,586 $30,021
Income Measure Bainbridge Port Orchard Poulsbo
Median household $70,110 $34,020 $38,875
Per capita $37,482 $16,382 $20,649
Median family $83,415 $41,946 $51,353
Median earnings, male* $65,853 $33,610 $40,482
Median earnings, female* $42,051 $25,739 $27,899
*Working full-time, year around.
Source: US Census.
Census studies show the median household income in Washington actually dropped
8% (in real dollars) between overlapping years 1998-1999 and 1999-2000. The loss
of more than 30,000 jobs at Boeing between 1997-2000 helped fuel this decline. The
decline in median income occurred at the same time that the Census Bureau found
no significant change in the percent of people living in poverty. This suggests that
there is a growing inequality between the highest and lowest income brackets.
Because the percent of people in poverty is unchanged, the drop in median income is
likely due to lowered compensation for middle income families. Many people in the
lowest income bracket (bottom fifth or quintile) lost 9.4% of their income between
1989 and 1999, while the top two quintiles made substantial gains. The loss in real
wages required people to work multiple jobs. In Washington, 15% of workers from
low-income families work two or more jobs (Northwest Policy Center, University of
Washington, 2001).
Figure 5 (attached) compares household income ranges.
In Washington, 25% of households earned less than $25,000 annually in 1999. In
Bainbridge Island, however, just 14% of households earned under $25,000 annually,
while almost half (47%) earned $75,000 or more.
Forty percent of Bremerton households earned less than $25,000 in 1999, and over
half of those earned under $15,000. Just 10% of the Bremerton population was in
the top income bracket, earning $75,000 or more.
Table 10 - Median Household Income Range 1999
Income Measure Bremerton Kitsa p State
Under $15,000 23% 11% 13%
$15,000 to $24,999 17% 11% 12%
3-5 Year Strategic Plan 23 Version 1.3
City of Bremerton
$25,000 to $34,999 17% 13% 13%
$35,000 to $49,999 19% 18% 17%
$50,000 to $74,999 15% 22% 21%
$75,000 or more 10% 24% 24%
Income Measure Bainbridge Port Orchard Poulsbo
Under $15,000 7% 20% 13%
$15,000 to $24,999 7% 16% 20%
$25,000 to $34,999 9% 16% 12%
$35,000 to $49,999 12% 20% 17%
$50,000 to $74,999 18% 16% 21%
$75,000 or more 47% 11% 18%
Source: US Census
By 2004, the median household income in Kitsap County was $48,762, ranking
seventh among counties in the state. In spite of this ranking, the county remained
below the state median household income $51,762, largely due to the impact of King
County's higher incomes on state statistics (Kitsap County Trends, 2005).
Population in Poverty
From 2002 to 2003, Washington State was in the top ten list of states with the
greatest increase in poverty, with nearly a 1% increase in poverty in one year alone.
In 1999, 11% of the total population in Washington lived in poverty, while in Kitsap
County, 9% of the population lived in poverty. This rate varied by community within
Kitsap County.
Bremerton had the highest rate of poverty in the county, at 19%.
Table 11 - Percent of Population Living in Poverty 1999
Population Group Bremerton Kitsap State
Individuals 19% 9% 11%
18 or older 17% 8% 10%
65 or older 11% 6% 8%
Families 16% 6% 7%
with children < 18 23% 9% 11%
with children <5 25% 12% 15%
Females alone
with children < 18 44% 30% 31%
with children <5 50% 42% 46%
Population Group Bainbridge Port Orchard Poulsbo
Individuals 4% 13% 9%
18 or older 5% 11% 8%
65 or older 3% 9% 6%
Families 3% 11% 8%
with children < 18 4% 17% 14%
with children < 5 4% 14% 25%
Females alone
with children < 18 14% 47% 43%
3-5 Year Strategic Plan 24 Version 1.3
City of Bremerton
with children <5 31% 45% 65%
Source: US Census
Women alone with young children under the age of five are the most likely segment
of the population to live in poverty. Almost two-thirds of women alone with children
under the age of five in Poulsbo were living in poverty in 1999, considerably higher
than Kitsap County as a whole (42% were living in poverty). Half of women alone
with children under five in Bremerton were living in poverty.
Figure 6 (attached) shows percent of population in poverty by census block group.
Low- and Moderate-Income Neighborhoods
There were 23 census block groups in Kitsap County - outside of Bremerton - where
the majority of households are primarily low and moderate income. There were no
large areas of concentration of low and moderate income residents. However, the
areas with the greater concentrations tended to be located in the Port
OrchardjParkwood area, immediately west and south of the City of Bremerton, in the
Silverdale area, and spots near the City of PaulsbQ and north Bainbridge Island.
Areas of "concentration of low-income households" are defined as those block groups
with 61 % or more low and moderate income households. There were 12 such block
groups in the county, located generally in the areas described above.
Other Indicators of Need
Students Eligible for Free and Reduced-Cost Lunches
According to the Office of the Superintendent of Public Instruction (OSPI), 29% of
students enrolled in 18 elementary schools in Kitsap County we re eligible for free or
reduced-cost lunches during the 2003-2004 school year. Highest among these were
Armin Jahr and Crownhill Elementary Schools in Bremerton, with 57% and 59%
eligibility respectively. Twenty-nine percent of middle school students were also
eligible for free and reduced-cost lunches. Again, the highest eligibility rates were in
Bremerton.
Lead-based Paint (91.215 (9))
1. Estimate the number of housing units that contain lead-based paint hazards, as
defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act
of 1992, and are occupied by extremely low-income, low-income, and
moderate-income families.
2. Outline actions proposed or being taken to evaluate and reduce lead-based paint
hazards and describe how lead based paint hazards will be integrated into
housing policies and programs.
3-5 Year Strategic Plan Lead-based Paint response:
3-5 Year Strategic Plan 25 Version 1.3
City of Bremerton
The Residential Lead-Based Paint Hazard Reduction Act of 1992 seeks to identify and
mitigate sources of lead in the home. A high level of lead in the blood is particularly
toxic to children aged six and younger. Lead can damage the central nervous
system, cause mental retardation, convulsions and sometimes death. Even low levels
of lead can result in lowered intelligence, read ing and learning disabilities, decreased
attention span, hyperactivity and aggressive behavior.
Children who live in homes with lead -based paint can become exposed by
inadvertently swallowing lead contained in household dust. This is particularly a
problem when houses are remodeled using practices such as scraping or sanding of
old paint. Lead-based paint is not the only culprit. Lead has also been identified in
many other sources, including some vinyl blinds, pottery, lead in water pipes, lead in
dust brought into the home from work sites, some hobbies (like lead solder in
stained glass work), and some herbal remedies.
The Center for Disease Control and Prevention (CDC) recommends that children ages
1 and 2 should be screened for lead poisoning. The CDC also recommends that
children 3 to 6 years of age should be tested for lead if they have not been tested
before and receive services from public assistance programs; if they live in or
regularly visit a building built before 1950; if they live in or visit a home built before
1978 that is being remodeled; or if they have a brother, sister, or playmate who has
had lead poisoning. Unfortunately, the Washington Department of Health estimates
that only 4% of Washington children ever receive a blood lead test.
In the 4-year period from 2000 through 2003, 33,025 children under the age of 6
were tested in the state of Washington and 425 had confirmed elevated blood-lead
levels. CDC provides funding for testing for children who are not eligible for Medicaid
or who do not have private insurance. Most of the testing is performed by private
physicians and clinics, at the request of parents. The Washington Department of
Human Services maintains a web site with instructions for lead testing, an indication
of hazards, lists of resources and links to other sites.
The State of Washington Lead Poisoning Prevention Program compiles data on
testing statewide and results of those tests. Testing data are not tracked by location
unless the children are Medicaid-eligible. Results that are confirmed positive for
elevated blood-lead levels are tracked by location. The information is reported to the
county health department for follow-up.
The age of the housing unit is a leading indicator of the presence of lead -hazard,
along with building maintenance. Lead was banned from residential paint in 1978.
The 1999 national survey found that 67% of housing built before 1940 had
significant LBP hazards. This declined to 51 % of houses built between 1940 and
1959, 10% of houses built between 1960 and 1977 and just 1% after that. Based on
those estimates, approximately 5,875 homes pose potential lead-based paint
hazards in Bremerton. However, the Clickner study also noted that there were
regional differences in the probability of a hazard; the risk was more prevalent on
the east coast (43%) than on the west coast (19%) (Clickner, R. et al. "National
Survey of Lead and Allergens in Housin~, Final Report, Volume 1: Analysis of Lead
Hazards." Report to Office of Lead Hazard Control, US Department of Housing and
Urban Development, 2001).
Table 12A - Potential Lead-Based Paint (LBP) Hazards, Kitsap County, 2000
3-5 Year Strategic Plan 26 Version 1.3
--------------
City of Bremerton
Total Potential Hazards
Date Built Units 0/0 Number
Before 1940 8,709 67% 5,835
1940 to 1959 13,112 51% 6,687
1960 to 1979 28,203 10% 2,820
1980 to 2000 42,620 1% 426
Total 92,644 17% 15,769
Source: US Census; Clickner, et al.
Table 12B - Potential Lead-Based Paint (LBP) Hazards, Bremerton, 2000
Total Potential Hazards
Date Built Units 0/0 Number
Before 1940 3,556 67% 2,383
1940 to 1959 5,976 51% 3,048
1960 to 1979 4,152 10% 415
1980 to 2000 2,947 1% 29
Total 16,631 36% 5,875
Source: US Census; Clickner, et. al.
The older age of Bremerton's housing stock, with an associated increased cost for
maintenance, has an impact on the conditions of housing, as detailed below,
particularly in common deference of maintenance as homes approach obsolescence
in today's market for homeowners.
As the Bremerton's ownership base is about 40% of the total number of units and
low-income and moderate-income households represent upwards of 40% of the
population, there are perhaps 2,400 individual households at risk while in the
County, (15,342 dwellings divided by the % of low-mod income households)
The City has partnered with the direct-service organization Kitsap Community
Services to purchase lead-testing equipment. Testing is done in association with
each new project undertaken in the City and County. Abatement plans by trained,
insured contractors are part of every project.
3-5 Year Strategic Plan 27 Version 1.3
City of Bremerton
Housing Needs (91.205)
*Please also refer to the Housing Needs Table in the Needs.xls workbook
1. Describe the estimated housing needs projected for the next five year period for
the following categories of persons: extremely low-income, low-income,
moderate-income, and middle-income families, renters and owners, elderly
persons, persons with disabilities, including persons with HIV/AIDS and their
families, single persons, large families, public housing residents, families on the
public housing and section 8 tenant-based waiting list, and discuss specific
housing problems, including: cost-burden, severe cost- burden, substandard
housing, and overcrowding (especially large families).
2. To the extent that any racial or ethnic group has a disproportionately greater
need for any income category in comparison to the needs of that category as a
whole, the jurisdiction must complete an assessment of that specific need. For
this purpose, disproportionately greater need exists when the percentage of
persons in a category of need who are members of a particular racial or ethnic
group is at least ten percentage points higher than the percentage of persons in
the category as a whole.
3-5 Year Strategic Plan Housing Needs response:
NEED FOR HOUSING ASSISTANCE
Renter Households with Problems
Forty percent of all renter households in Kitsap County had housing problems in
2000, most because of the burden of cost in excess of 30% of household income.
Households with the lowest incomes had the greatest burden - over 70% of
households with incomes at or below 30% of area median income were paying in
excess of 30% of their income for rent and 56% had housing costs that equaled
more than half of their income. The most severely burdened were large households.
Table 13A - Kitsap County Renter Households and Percent with Housing Problems,
2000
Type of Household/ Elderly Small Large All Total
HH Income Level (1-2) (2-4) (5+) Others Renters
0% to 30% MFI 967 2,050 369 1,999 5,385
% with problems 57.6% 76.8% 86.4% 75.0% 73.4%
Cost burden >30% 56.0% 72.7% 77.2% 74.3% 70.6%
Cost burden >50% 39.3% 58.5% 63.7% 60.0% 56.0%
31 % to 50% MFI 974 2,154 515 1,315 4,958
% with problems 69.2% 70.5% 70.9% 81.7% 73.3%
3-5 Year Strategic Plan 28 Version 1.3
City of Bremerton
Cost burden >30% 67.2% 68.4% 54.4% 79.1% 69.6%
Cost burden >50% 33.4% 16.9% 9.7% 20.5% 20.4%
51 % to 80% MFI 771 3,050 915 2,255 6,991
% with problems 53.3% 35.7% 38.8% 38.6% 39.0%
Cost burden >30% 51.0% 27.7% 23.5% 36.4% 32.5%
Cost burden >50% 25.7% 0.5% 1.6% 1.3% 3.7%
>80% MFI 894 5,239 855 3,815 10,803
% with problems 24.5% 8.2% 22.8% 5.5% 9.7%
Cost burden >30% 24.5% 2.5% 4.1% 3.8% 4.9%
Cost burden >50% 11.2% 0.0% 0.0% 0.4% 1.1%
Total renters 3,606 12,493 2,654 9,384 28,137
% with problems 51.6% 36.9% 46.5% 38.9% 40.4%
Cost burden >30% 50.2% 31.5% 30.7% 37.2% 35.7%
Cost burden >50% 27.8% 12.6% 11.3% 16.1% 15.6%
Notes: MFI is median family income. Housing problems include cost greater than
30% of income and/or overcrowding and/or without complete kitchen or plumbing
facilities. Cost includes rent and utilities. Totals may vary slightly from census data.
Source: HUD 2000 CHAS data.
Forty-seven percent of all renter households in Bremerton had housing problems in
2000, most because of the burden of costs in excess of 30% of household income.
Households with the lowest incomes had the greatest burden - over 75% of
households with incomes at or below 30% of area median income were paying in
excess of 30% of their income for rent and 53% had housing costs that equaled
more than half of their income. Like in the county as a whole, the most severely
burdened were large households.
Table 13B - Bremerton Renter Households and Percent with Housing Problems, 2000
Type of Household/ Elderly Small Large All Total
HH Income Level (1-2) (2-4) (5+) Others Renters
0% to 30% MFI 411 864 142 1,024 2,441
% with problems 62.3% 76.3% 86.6% 78.0% 75.3%
Cost burden >30% 61.3% 69.3% 66.2% 77.6% 71.3%
Cost burden >50% 46.0% 50.9% 56.3% 58.1% 53.4%
31 % to 50% MFI 392 775 190 610 1,967
% with problems 70.7% 66.5% 71.1% 75.4% 70.5%
Cost burden >30% 67.1% 61.9% 36.8% 71.3% 63.4%
Cost burden >50% 38.0% 14.8% 0.0% 9.0% 16.2%
51% to 80% MFI 263 880 183 679 2,005
% with problems 51.0% 33.5% 23.5% 24.2% 31.7%
Cost burden >30% 47.9% 21. 0% 10.4% 21.9% 23.9%
Cost burden >50% 35.0% 0.0% 0.0% 0.6% 4.8%
>80% MFI 279 1,034 174 1,014 2,501
% with prOblems 30.1% 11.5% 34.5% 4.3% 12.3%
Cost burden >30% 30.1% 2.4% 0.0% 3.0% 5.6%
3-5 Year Strategic Plan 29 Version 1.3
City of Bremerton
Cost burden >50% 8.6% 0.0% 0.0% 0.0% 1.0%
Total renters 1,345 3,553 689 3,327 8,914
% with problems 55.8% 44.7% 52.4% 44.1% 46.7%
Cost burden >30% 53.9% 36.3% 26.6% 42.4% 40.5%
Cost burden >50% 33.8% 15.6% 11.6% 19.7% 19.6%
Notes: MFI is median family income. Housing problems include cost greater than
30% of income and/or overcrowding and/or without complete kitchen or plumbing
facilities. Cost includes rent and utilities. Totals may vary slightly from census data.
Source: HUD 2000 CHAS data.
The following racial/ethnic renter households resided in Kitsap County in 2000:
. 1,239 Black non-Hispanic renters
. 1,339 Hispanic renters
. 494 Native American renters
. 925 Asian renters
. 220 Pacific Islander renters
Racial/Ethnic households tend to have disproportionate housing problems compared
to non-minority households. In the county, three renter household types had
disproportionate problems (more than 10 percentage point difference from all
renters):
. Hispanic renters with incomes between 30% and 50% of AMI
. Asian non-Hispanic renters with incomes above 80% of AMI
. Pacific Islander non-Hispanic renters with incomes above 80% of AMI
The following racial/ethnic minority renter households resided in Bremerton in 2000:
. 650 Black non-Hispanic renters
. 443 Hispanic renters
. 213 Native American renters
. 389 Asian renters
. 54 Pacific Islander renters
Information on which households have disproportionate needs should be carefully
considered before drawing conclusions with regard to Bremerton households, as the
number of households in some categories is quite small.
Eight types of renter households had disproportionate problems (more than 10
percentage points different than all renters):
. Black non-Hispanic renters with incomes 30% or less of AMI
. Black non-Hispanic renters with incomes between 50% and 80% of AMI
. Hispanic renters with incomes between 30% and 50% of AMI
. Hispanic renters with incomes above 80% of AMI
. Native American non-Hispanic renters with incomes 30% or less of AMI
. Asian non-Hispanic renters with incomes 30% or less of AMI
. Asian non-Hispanic renters with incomes between 30% and 50% of AMI
. Pacific Islander non-Hispanic renters with incomes between 50% and 80% of
3-5 Year Strategic Plan 30 Version 1.3
City of Bremerton
AMI
SOURCE: HUD 2000 CHAS data
Owner Households with Problems
Owner households in Kitsap County likewise experience problems with housing, due
to cost burden, overcrowding, and/or lack of complete kitchen and plumbing
facilities. Over 27% of all owner households experienced problems in 1999, most
frequently because of costs in excess of 30% of household income. Three-quarters of
owner households at the lowest income level experienced housing problems. Costs
considered in preparing the table below included mortgage payment, taxes,
insurance and utilities. Even households without mortgage payments may be
burdened by housing costs. Meeting rising utility costs, taxes and insurance can be a
challenge, especially for those on fixed incomes, such as the elderly. Repairs and
maintenance costs increase the burden.
Table 14A - Kitsap County Owner Households and Percent with Housing Problems,
2000
Type of Household/ Elderly Small Large All Total
HH Income Level (1-2) (2-4) (5+) Others Owners
0% to 30% MFI 1,133 675 162 544 2,514
% with problems 68.7% 83.0% 82.1% 77.9% 75.4%
Cost burden >30% 68.7% 80.7% 72.8% 76.1% 73.8%
Cost burden >50% 48.0% 67.4% 64.2% 68.8% 58.8%
31 % to 50% MFI 1,829 1,098 304 689 3,920
% with problems 46.5% 75.4% 91.8% 69.5% 62.1%
Cost burden >30% 46.5% 73.6% 87.2% 66.6% 60.8%
Cost burden >50% 22.7% 52.3% 46.1% 45.7% 36.8%
51 % to 80% MFI 3,080 3,332 1,128 1,278 8,818
% with problems 25.8% 65.6% 70.3% 64.0% 52.1%
Cost burden >30% 25.8% 64.6% 59.3% 62.9% 50.1%
Cost burden >50% 58.8% 20.9% 11.9% 20.3% 15.4%
>80% MFI 7,606 26,030 4,224 5,104 42,964
% with problems 11.6% 15.9% 22.2% 22.5% 16.5%
Cost burden >30% 11.1% 14.7% 13.9% 21.7% 14.8%
Cost burden >50% 1.8% 1.4% 0.4% 1.7% 1.4%
Total owners 13,648 31,135 5,818 7,615 58,216
% with problems 24.2% 24.7% 36.9% 37.7% 27.5%
Cost burden >30% 24.0% 23.5% 28.2% 36.6% 25.8%
Cost burden >50% 10.0% 6.8% 6.8% 13.6% 8.4%
Notes: MFI is median family income. Housing problems include cost greater than
30% of income and/or overcrowding and/or without complete kitchen or plumbing
3-5 Year Strategic Plan 31 Version 1.3
City of Bremerton
facilities. Cost includes mortgage payment, taxes, insurance and utilities. Totals may
vary slightly from census data.
Source: HUD 2000 CHAS tables.
Almost 25% of all Bremerton owner households experienced problems in 1999,
again, most frequently because of costs in excess of 30% of household income. Two-
thirds of owner households at the lowest income level experienced housing problems.
Table 14B - Bremerton Owner Households and Percent with Housing Problems, 2000
Type of Household/ Elderly Small Large All Total
HH Income Level (1-2) (2-4) (5+) Others Owners
0% to 30% MFI 177 68 29 79 353
% with problems 70.1% 64.7% 86.2% 62.0% 68.6%
Cost burden >30% 70.1% 50.0% 86.2% 62.0% 65.7%
Cost burden >50% 50.3% 35.3% 86.2% 62.0% 53.0%
31% to 50% MFI 258 155 44 123 580
% with problems 32.2% 83.9% 100.0% 55.3% 56.0%
Cost burden >30% 32.2% 77.4% 100.0% 55.3% 54.3%
Cost burden >50% 9.3% 51.6% 43.2% 15.4% 24.5%
51 % to 80% MFI 504 355 128 229 1,216
% with problems 28.6% 47.9% 53.1% 58.5% 42.4%
Cost burden >30% 28.6% 47.9% 33.6% 56.8% 40.0%
Cost burden >50% 9.9% 12.7% 3.1% 8.7% 9.8%
>80% MFI 989 1,874 280 793 3,936
% with problems 2.4% 11.4% 19.6% 15.5% 10.6%
Cost burden >30% 2.4% 10.9% 14.3% 15.0% 9.8%
Cost burden >50% 0.4% 0.2% 0.0% 0.5% 0.3%
Total owners 1,928 2,452 481 1,224 6,085
% with problems 19.5% 22.8% 39.9% 30.6% 24.6%
Cost burden >30% 19.5% 21.5% 31.6% 29.9% 23.4%
Cost burden >50% 8.7% 6.2% 10.0% 7.5% 7.6%
Notes: MFI is median family income. Housing problems include cost greater than
30% of income and/or overcrowding and/or without complete kitchen or plumbing
facilities. Cost includes mortgage payment, taxes, insurance and utilities. Totals may
vary slightly from census data.
Source: HUD 2000 CHAS tables.
The following racial/ethnic homeowner households resided in Kitsap County in 2000:
. 1,937 Black, non-Hispanic owner-occupants
. 1,205 Hispanic owner-occupants
. 589 Native American owner-occupants
. 1,875 Asian owner-occupants
. 194 Pacific Islander owner-occupants
3-5 Year Strategic Plan 32 Version 1.3
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City of Bremerton
Several categories of racial/ethnic households had disproportionate housing
problems (more than 10 percentage point difference from all owners) in Kitsap
County:
. Black non-Hispanic owner-occupants with incomes between 30% and 50% of
AMI
. Black non-Hispanic owner-occupants with incomes between 50% and 80% of
AMI
. Hispanic owner-occupants with incomes between 30% and 50% of AMI
. Hispanic owner-occupants with incomes between 50% and 80% of AMI
. Asian non-Hispanic owner-occupants with incomes between 50% and 80% of
AMI
The following racial/ethnic minority owner households resided in Bremerton in 2000:
. 146 Black non-Hispanic owner-occupants
. 108 Hispanic owner-occupants
. 239 Native American owner-occupants
. 641 Asian owner-occupants
. 58 Pacific Islander owner-occupants
Owner households with disproportionate problems (more than 10 percentage points
of difference):
. Black non-Hispanic owner-occupants with incomes between 50% and 80% of
AMI
. Hispanic owner-occupants with incomes between 30% and 50% of AMI
. Hispanic owner-occupants with incomes above 80% of AMI
. Asian non-Hispanic owner-occupants with incomes between 30% and 50% of
AMI
. Asian non-Hispanic owner-occupants with incomes between 50% and 80% of
AMI
Overcrowd i ng
A unit is considered overcrowded when there are more people than rooms. Crowding
is not as much a problem in Kitsap County as it is in the nation and the state. In
Washington, 5% of households live in overcrowded conditions (1.01 or more persons
per room). This is true of just 3% of households in Kitsap County. However, in
Bremerton, 6% of households live in overcrowded conditions.
Table 15 - Overcrowded Conditions, 2000
Condition Bremerton Kitsap WA US
Persons per Room Number % Number % % %
1.00 or less 14,234 94% 83,378 97% 95% 94%
1.01 - 1.50 473 3% 1,970 2% 3% 3%
More than 1.50 378 3% 1,068 1% 2% 3%
Source: US Census.
3-5 Year Strategic Plan 33 Version 1.3
City of Bremerton
Persons with Disabilities
Persons with disabilities often have needs for special accommodations in housing,
ranging from modest accommodations to more substantial modifications and
assistance. The 2000 census identified 34,152 persons with disabilities in Kitsap
County, including 7,041 persons with disabilities in Bremerton.
Table 16A - Persons with Disabilities, Kitsap County, 2000
Age Male Female Total
16-20 945 775 1,720
21-64 11,577 10,835 22,412
65-74 1,873 1,944 3,817
75+ 2,574 3,629 6,203
Total 16,969 17,183 34,152
Source: US Census.
Table 16B - Persons with Disabilities, Bremerton, 2000
Age Male Female Total
16-20 233 118 351
21-64 2,013 2,449 4,462
65-74 354 438 792
75+ 463 973 1,436
Total 3,063 3,978 7,041
Source: US Census.
Among people at the lowest levels of household income are persons with disabilities
who have only federal SSI income for support. In 2002, "people with disabilities were
priced out of every housing market area in the United States." (O'Hara. A. et al.
Priced Out in 2002.) In 2004, the most recent year that that housing costs for the
disabled were studied, the SSI program provided just $564 per month. The fair-
market rate for a one-bedroom unit in the Bremerton Primary Metropolitan Statistical
Area was $553. This is 98% of the monthly SSI benefit (Out of Reach, 2004).
Housing Wait Lists
The Kitsap County Consolidated Housing Authority (KCCHA) and the Bremerton
Housing Authority (BHA) maintain wait lists for public housing and for Section 8
housing. The wait list for public housing maintained by the KCCHA is currently open.
Most of those waiting for units are families with children (80%).
Table 16 - Wait List for Public Housing (KCCHA)
Persons on Wait List Number
Total on wait list 980
3-5 Year Strategic Plan 34 Version 1.3
City of Bremerton
Families with children 80%
Elderly families 9%
Families with disabilities 11%
Number bedrooms needed
1 bedroom 47%
2 bedrooms 39%
3 bedrooms 11%
4 or more bedrooms 3% \,~
Source: KCCHA Streamlined Five-Year PHA Plan for FY beginning 7/1/05.
There were 2,649 persons on the wait list for Section 8 Tenant-Based Assistance,
covering both the Kitsap County Consolidated Housing Authority and the Bremerton
Housing Authority. That wait list was also open.
Table 17A - Kitsap County Wait List for Section 8 Tenant-Based Assistance (KCCHA
and BHA)
Persons on Wait List Number
Total on wait list 2,649
Families with children 58%
Elderly families 1%
Families with disabilities 42%
Source: KCCHA Streamlined Five-Year PHA Plan for FY beginning 7/1/05.
The Bremerton Housing Authority (BHA) maintains a wait list for public housing and
for Section 8 housing. The wait list is currently open. Most of those waiting for units
are families with children (50%). The vast majority (91 %) of those on the wait list
were extremely low income households (at or below 30% of area median income).
Table 17B - Bremerton Wait List for Public Housing and Section 8 (BHA)
Persons on Wait List Number
Total on wait list 2,884
Families with children 50%
Elderly families <1%
Families with disa bilities 37%
Number bedrooms needed
1 bedroom 54%
2 bed rooms 23%
3 bedrooms 22%
4 or more bedrooms 1%
Source: BHA Streamlined Five-Year PHA Plan for FY beginning 10/1/05.
Priority Housing Needs (91.215 (b))
1. Identify the priority housing needs in accordance with the categories specified in
the Housing Needs Table (formerly Table 2A). These categories correspond with
3-5 Year Strategic Plan 35 Version 1.3
City of Bremerton
special tabulations of U.S. census data provided by HUD for the preparation of
the Consolidated Plan.
2. Provide an analysis of how the characteristics of the housing market and the
severity of housing problems and needs of each category of residents provided
the basis for determining the relative priority of each priority housing need
category.
Note: Family and income types may be grouped in the case of closely related categories of residents
where the analysis would apply to more than one family or income type.
3. Describe the basis for assigning the priority given to each category of priority
needs.
4. Identify any obstacles to meeting underserved needs.
3-5 Year Strategic Plan Priority Housing Needs response:
HOUSING GOALS:
To ensure access to affordable, decent, safe and appropriate transitional and
permanent housing for all individuals and families, the Kitsap County community
will increase the number of units available by:
*Special Needs Populations covered in special needs priority
Specific Objective H-1
Increase the stock of affordable units throughout County and City through
preservation, rehabilitation and construction.
Number H-1.1 Kitsap County: Increase rental units for at least 40 extremely low,
50 low and 30 moderate-income households by Fall, 2010.
Number H-1.2 Kitsap County: Provide funding support for at least 50 self help
housing units by Fall, 2010.
Number H-1.3 Kitsap County: Support homeownership through financial
assistance for 75 low/moderate income families/individuals by
Fall, 2010.
Number H-1.4 Bremerton: Support homeownership through financial assistance
for 100 low/moderate income families/individuals by Fall, 2010.
Number H-1.5 Bremerton: Increase the stock of affordable units with a primary
goal of expanding home ownership.
Number H-1.6 Kitsap County/Bremerton: Support the redevelopment of
Westpark.
Specific Objective H-2
Increase the number of new homeowners among low/moderate income
individuals and families through fair housing efforts, education and housing
counseling.
3-5 Year Strategic Plan 36 Version 1.3
City of Bremerton
Number H-2.1 Kitsap CountyjBremerton: Promote housing education efforts
through: individual housing counseling, consumer education, fair
housing advocacy, one annual housing fair; six homeownership
classes per year, public access television media promotions, and
remain active in Housing Coalition activities. (Network of Publi c
Housing Authorities, block grant programs, realtors, mortgage,
loan and banking members, non-profits and government agencies.)
Number H-2.2 Kitsap CountyjBremerton: Coordinate and promote an affordable
housing forum by June 30 2007, in collaboration with planners,
builders, landowners and developers and public officials to
introduce the public and professionals to affordable and self-help
construction techniques and possibilities
Specific Objective H-3
Improve and retain existing housing stock through preservation,
rehabilitation, weatherization, accessibility and planning efforts.
Number H-3.1 Kitsap County: Preserve existing affordable housing units
threatened with the loss of expiring federal contracts or in sound
but deteriorating condition. Preserve as affordable low and
moderate income housing at least 75% of expiring contracts.
Number H-3.2 Kitsap CountyjBremerton: Provide funding for rehabilitation and
weatherization of homeowner or rental units - at least 200 by
September 1, 2010.
Number H-3.3 Kitsap CountyjBremerton: Support rehabilitation projects that
make homeowner dwelling units accessible for special needs
family members.
Number H-3.4 Kitsap County: Take a lead in local planning efforts that support
affordable housing retention and accessibility issues.
Number H-3.5 Bremerton: Take a lead in local planning efforts that support
affordable homeownership and accessibility issues.
Number H-3.6 Kitsap CountyjBremerton: Explore the potential for a housing
quality program to assist landlords to improve housing.
Number H-3.7 Kitsap CountyjBremerton: Maintain and increase where necessary,
current levels of emergency, transitional and permanent housing with adequate
supportive services.
Specific Objective H-4
Maintain education and training that builds community awareness of lead-
based paint hazards and incorporate new studies and regulations into any
planning for mitigation.
Number H-4.1 Kitsap CountyjBremerton: Maintain awareness in the housing
industry of the dangers and resolutions for lead based paint and other health
3-5 Year Strategic Plan 37 Version 1.3
City of Bremerton
hazards.
Specific Objective H-5
Improve the safety and livability of neighborhoods through revitalization
and/or demolition of inappropriate or dilapidated structures.
Number H-5.1 Kitsap County/Bremerton: Identify dilapidated neighborhoods and
assess for revitalization or demolition.
Specific Objective H-6
Promote equal treatment of all who seek homeownership by removing
impediments to fair housing.
Number H-6.1 Kitsap County/Bremerton: The Impediments to Fair Housing
analysis completed in 2005 for the consortium will be reviewed
and communicated for appropriate changes.
Housing Market Analysis (91.210)
*Please also refer to the Housing Market Analysis Table in the Needs.xls workbook
1. Based on information available to the jurisdiction, describe the significant
characteristics of the housing market in terms of supply, demand, condition, and
the cost of housing; the housing stock available to serve persons with disabilities;
and to serve persons with HIV/AIDS and their families.
2. Describe the number and targeting (income level and type of household served)
of units currently assisted by local, state, or federally funded programs, and an
assessment of whether any such units are expected to be lost from the assisted
housing inventory for any reason, (i.e. expiration of Section 8 contracts).
3. Indicate how the characteristics of the housing market will influence the use of
funds made available for rental assistance, production of new units, reha bilitation
of old units, or acquisition of existing units. Please note, the goal of affordable
housing is not met by beds in nursing homes.
3-5 Year Strategic Plan Housing Market Analysis responses:
HOUSING TRENDS
Types of Housing and Number of Units
The number of housing units in Kitsap County grew by 25% in the ten-year period
between 1990 and 2000 - from 74,038 units in 1990 to 92,644 units in 2000. Most
ofthe housing in both 1990 and 2000 was single-family, detached units. In fact, the
bulk of the increase in housing (70%) in that 10-year period was in single-family
detached units.
3-5 Year Strategic Plan 38 Version 1.3
City of Bremerton
Table 18A - Kitsap County Housing Units, 1990 and 2000
1990 2000
Type of Unit Number % N umber 0/0 Change
Single family 51,170 69% 64,878 70% 27%
Detached 48,346 65% 61,403 66% 27%
Attached 2,824 4% 3,475 4% 23%
Multifamily 13,959 19% 18,415 20% 32%
2-4 units 5,168 7% 6,173 7% 19%
5-19 units 5,709 8% 7,368 8% 29%
20 units 3,082 4% 4,874 5% 58%
Mobile homes 8,008 11% 8,923 10% 11%
Other 901 1% 428 <1% -52%
Total 74,038 100% 92,644 100% 25%
*These units include boats, RVs, vans and other more temporary housing types.
Totals may not add due to rounding.
Source: US Census
The number of housing units in Bremerton grew by 6% between 1990 and 2000, a
modest increase compared to KitsapCounty. The majority of housing in Bremerton in
both 1990 and 2000 was also single family. However, both the number and percent
of single family houses in Bremerton declined between 1990 and 2000. New
construction was mostly in the form of multifamily units.
Table 18B - Bremerton Housing Units, 1990 and 2000
1990 2000
Type of Unit Number 0/0 Number % Change
Single family 9,190 59% 9,007 54% -2%
Detached 7,700 49% 7,917 48% 3%
Attached 1,490 9% 1,090 7% -27%
Multifamily 6,124 39% 7,289 44% 19%
2-4 units 2,692 17% 3,085 19% 15%
5-19 units 2,078 13% 2,124 13% 2%
20 units 1,354 9% 2,080 13% 54%
Mobile homes 216 1% 286 2% 32%
Other 163 1% 49 0% -70%
Total 15,693 100% 16,631 100% 6%
*These units include boats, RVs, vans and other more temporary housing types.
Totals may not add due to rounding.
Source: US Census
Compared to the State of Washington, Kitsap County has a slightly greater share of
single family homes - 70% in the county compared to 65% in the state. While this
difference is not particularly remarkable, Bremerton did have a substantially greater
share of multifamily housing than the state and county.
Table 19 - Housing Type by Location, 2000
Type of Unit Bremerton Kitsa p State
Single family 54% 70% 65%
MF (2 to 19 units) :31% 15% 16%
MF (20+ units) 13% 5% 9%
3-5 Year Strategic Plan 39 Version 1.3
City of Bremerton
Mobile homes/other. 2% 10% 9%
Source: US Census.
Following a national trend in part fueled by relatively low interest rates, the number
of single-family building permits issued in Kitsap County hit a seven year high in
2003, when 1,359 permits were issued. Single-family permits garnered 80.8% of all
permits issued, up from 66.6% in 1997. The number of mobile home permits
continued to drop for the seventh year and represented only 14.7% of the total
permits. This is one-half the 1997 mobile home permit share of 28.8%. Rental
housing proposals continued to lag as only 75 multi-family units were issued permits
in 2003, representing a 4.5% share (Kitsap County Trends, 2005).
Recent residential sales have offered opportunities for new homebuyers to invest in
the area. Single-family sales in the county have steadily increased over the ten-year
period ending in 2003 to 4,525 sales per year. Only six percent of 2003 county sales
involved newly constructed housing. Condominium sales, while a relatively small part
of the total sales in the county, continued to increase over the period, more than
doubling pre-1998 sales. Sixteen percent of 2003 county sales occurred in
Bremerton.
Age and Condition of Housing Units
Most of the housing in Kitsap County is in unincorporated areas (66% of housing
units) and much of it was built after 1980. There were 61,284 housing units in
unincorporated Kitsap County as of the 2000 census, which was two-thirds of all
housing in the county.
Table 20 - Age of Housing Units, 2000
Year Built Bremerton Bainbridge Port Orchard Pou Isbo Kitsa p
1980 to 2000* 18% 46% 41% 61% 46%
1960 to 1979 25% 31% 26% 25% 30%
1940 to 1959 36% 10% 20% 6% 14%
Before 1940 21% 13% 13% 8% 9%
Total 16,631 8,517 3,208 3,004 92,644
Source: US Census
In comparison to other communities in Kitsap County and in the county as a whole, a
larger share of the housing in Bremerton was built prior to 1980 - 57% was built
before 1960. A stock of older housing can indicate the need for rehabilitation efforts,
such as those now underway in Bremerton.
Housing Tenure
3-5 Year Strategic PI~n 40 Version 1.3
-- --- ------
City of Bremerton
in Kitsap County as a whole there were more owner-occupied than renter-occupied
units - 67% of the units in 2000 were owner-occupied.
Table 21A - Kitsap County Housing Tenure, 1990 - 2000
Renter-Occu pied Owner-Occupied
Year Number % Number % Total
1990 24,737 36% 44,530 64% 69,267
2000 28,137 33% 58,279 67% 86,416
Table 21B - Bremerton Housing Tenure, 1970 - 2000
Renter-Occupied Owner-Occupied
Year Number % Number % Total
1970 5,639 48% 6,055 52% 11,694
1980 7,985 57% 6,082 43% 14,067
1990 8,967 61% 5,751 39% 14,718
2000 8,841 59% 6,255 41% 15,096
Source: HUD SOCDS Census Data, 2000.
In contrast to the rest of the county, roughly 60% of housing in Bremerton is renter-
occupied. A trend toward increased renter occupancy was reversed between 1990
and 2000 as owner-occupied housing increased and renter occupied housing fell
slightly. Owner-occupancy varies with household type, however. While less than half
of the housing is owner-occupied, that tenure is highest for family households.
Owner-occupancy is lowest for non-family households and single individuals.
Table 21A - Tenure by Household Type, Kitsap County 2000
Type Household Owned Rented
All households 67% 33%
Family households 74% 26%
Non-family households 52% 48%
Single individuals 53% 47%
Elderly (65+) singles 64% 36%
Average household size 2.68 2.44
Source: US Census.
Table 22B - Tenure by Household Type, Bremerton, 2000
Type Household Owned Rented
All households 41% 59%
Family households 48% 52%
Non-family households 33% 67%
Single individuals 34% 66%
Elderly (65+) singles 47% 53%
Average household size 2.34 2.27
Source: US Census
3-5 Year Strategic PI~n 41 Version 1.3
I
City of Bremerton
Housing Costs
Housing costs in Kitsap County in 2000 were somewhat lower than costs in the state
as a whole. However; within the cities in Kitsap County, costs varied substantially.
The median value of 'an owner-occupied unit in Bainbridge Island was twice that of
the state and the county as a whole and more than three times values in Bremerton.
The variance in median gross rent was not as extreme. Rents were highest in
Bainbridge Island, compared to other communities in the county, as well as the
state.
The median value of .an owner-occupied unit in Bremerton was 32% lower than in
Kitsap County. The median gross rent in Bremerton at the time of the 2000 census
was a little lower (17%) than the county average.
Table 23A - Housing Costs, 2000
Type of Cost* Bremerton Kitsa p State
Value owner-occupied $103,500 $152,100 $168,300
Monthly owner costs
With mortgage $953 $1,228 $1,268
Without mortgage $304 $353 $338
Gross rent $554 $667 $663
Type of Cost* Bainbridge Port Orchard Poulsbo
Value owner-occupied $335,000 $120,100 $164,200
Monthly owner costs
With mortgage $1,805 $961 $1,327
Without mortgage $528 $290 $391
Gross rent $883 $676 $613
*AII costs are median values.
Source: US Census.
According to data compiled by the Multiple Listing Service, average sales prices for
homes in Kitsap County rose 16% between 1998 and 2002, and the average number
of days on the market declined, typical of a tight housing market. Kitsap County
average 2002 sales prices stood at $203,134, but when Bainbridge Island prices are
removed, the prices lowered to $175,554 - very low for the puget Sound basin. The
average length of time on the market from April 2004 to April 2005 was 68 days.
Bainbridge Island prices rose by 24% during this period and the average price in
North Kitsap rose by 28%. The smallest increase was in South Kitsap, where the
average sales price rpse by only 12% between 1998 and 2002.
Median sales prices continued to rise countywide in 2005 and stood at $234,945 in
February 2005, up 211-% over the previous twelve months. These prices however,
remained lower than .all but Pierce County in the four county central Puget Sound
housing market. A limited supply of residential listings, hovering at less than 600
new listings per month between April 2004 and April 2005, coupled with high
demand and favorable interest rates are the primary reasons for the price push in
the county (MLS 200p).
3-5 Year Strategic PI~n 42 Version 1.3
-----------------
City of Bremerton
Table 24 - MSL Average Prices (New and Used Homes)
Area 1998 2000 2002
South Kitsap $147,924 $149,594 $166,353
West/Central $159,393 $168,894 $188,754
W. Bremerton $97,066 $108,358 $120,920
E. Bremerton $117,846 $124,236 $143,652
East/Central $132,374 $140,272 $160,555
North Kitsap $171,771 $190,273 $220,237
Bainbridge Island $339,973 $416,975 $423,115
County average $175,155 $186,214 $203,134
Less Bainbridge $146,791 $154,285 $175,554
Source: Multiple Listing Service data presented in Kitsap County Trends Report Fall
2004/Winter 2005.
Between 1998 and 2002, the average housing sales price in West Bremerton rose by
25% and the average in East Bremerton rose by 22%. In spite of these increases,
housing in Bremerton remained more affordable than elsewhere in the county. In
2002 the average sales price in Bremerton was 64% of the countywide average. In
2003, new home prices in Bremerton ($221,694) averaged less than the county
average ($264,249). When new homes in Bainbridge Island are removed from the
county statistics, the county wide average drops to $232,293.
Average apartment rents have risen steadily each year in Kitsap County, from $587
in 1997 to $735 in September 2004. Vacancy rates declined from a high of 9.7% in
1997 to a low of 2.7% in 2002. That trend reversed as rates increased to 7.1 % in
2004. Even though the vacancy rates increased, rent prices continued to climb. In
Bremerton rents ($711) remained slightly less than countywide rates.
Table 25 - Apartment Rents (Monthly) and Vacancy Rates Kitsap County
Year/Location Rent Vacancy
Countywide, September 2004 $735 7.1%
Bremerton, March 2004 $711 6.5%
Port Orchard, March 2004 $667 3.9%
Poulsbo, March 2004 $789 5.1%
Silverdale, March 2004 $784 5.9%
Source: Dupre + Scott Apartment Advisors data presented in Kitsap County Trends
Report Fall 2004/Winter 2005.
Housing Affordability
For homebuyers, an indication of affordability can be illustrated by using the "First-
time Buyer Index". This index is based on the cost of moderately priced homes (85%
of median), a 10% dbwn payment, a 30-year private mortgage with insurance and
adjusting for 70% o(the median household income to account for the fact that most
higher income houserolds already are homeowners (Kitsap County Trends, 2005).
The index measures the income of a typical home-buyer as a percentage of what is
3-5 Year Strategic PI?ln 43 Version 1.3
City of Bremerton ,
I
I
!
required to purchase a home. A positive sign is that between 2003 and 2004 the
first-time buyer affor:lability index for Kitsap County was consistently better than the
state average. In the first 6 months of 2004, the Kitsap County index stood at 81.5
compared to the state average of 71.5.
However, the availablility of affordable housing for purchase is another key factor
impacting potential home-buyers. In mid-year 2004, there was a severe shortage of
housing available at ~o250,000 or less in Kitsap County. Only a 1.9 month's supply of
homes at the $160,OJO-$250,000 range was available and only a 1.2 month's supply
was available at $80,'000 or less. Clearly, moderate income persons have much less
to choose from in bU'fing homes. These inventories are well below the statewide
levels (2.3 months and 3.5 months respectively) and are only higher than King
County and Clark County among the top 9 most populous counties in the state.
I
,
,
The following table compares fair market rents, which include the cost of utilities,
with the income requ1ired to afford those rents. Housing is "affordable" when it costs
no more than 30% 0' household income. In order to afford rent and utilities for a 2-
bedroom unit at a faI market rent of $764, a household would need an annual
income of $30,560. Ihat equates to an hourly wage of $14.69. If one wage earner in
the household earned the state minimum wage ($7.16 an hour), that person would
have to work 82 hou.s a week to afford the two-bedroom unit. Many households pay
more than this, with lport Orchard followed by Bremerton having the two highest
percentages of renter households paying more than the affordable standard.
I
Table 26 - Housing Costs and Income, Bremerton PMSA*
Bed rooms
Housing/Income Fador Zero One Two Three Four
I
Fair Market Rent (FMIR)* $553 $620 $764 $1,093 $1,233
Annual income to afford $22,120 $24,800 $30,560 $43,720 $47,760
I
Hourly wage to affor<tl $10.63 $11.92 $14.69 $21.02 $22.96
Hrs/week at minimurin wage* 59 67 82 117 128
I
*PMSA includes all o~ Kitsap County. Fair market rents (FMR) established by HUD
2004. Minimum wagEt was $7.16 in Washington.
Source: National Loj Income Housing Coalition (2004). Out of Reach 2004:
America's Housing wiage Climbs.
In general, housing ctosts are well beyond the affordability of low-income households.
Extremely low income households (those earning up to $19,830 in 2005) would only
be able to afford $496 per month for housing and utilities. This does not afford the
fair market rent of even a studio apartment. An SSI recipient (receiving $564
monthly) can afford I'ent of no more than $169.
Table 27 - Low-Incorhe Ranges and Affordable Monthly Housing Costs, Bremerton
PMSA, 20d5
i
Definition I Percent of AMI* Income Limit Housing
Extremely low income to 30% of AMI $19,830 $496
Very low income to 50% of AMI $33,050 $826
Other low income to 80% of AMI $52,880 $1,058
I
3-5 Year Strategic PI?ln 44 Version 1.3
I
City of Bremerton
*AMI is area median income established by HUD. HUD estimated the AMI for Kitsap
County at $66,100 in 2005.
Source: HUD, FY 2005 income limits, February 2005.
Being able to "make ends meet" is more than a challenge for low-income families, as
demonstrated in the following table. The table shows that a household at the high
end of poverty would have inadequate funds at the end of the year after modest
spending for necessities, even with government assistance for food. This table does
not allow for emergencies, saving for education, clothes and other items that are
also essential.
Table 28 - Budgeting for Poverty in the United States, 2004
Item Source Amount
Annual Income US Census, Current Population Survey,
Annual Social and Economic Supplement, 2004 $18,810
Rent DOL, Bureau of Labor Statistics, Consumer
Expenditures Survey, February 2004 -5,274
= $13,536
Utilities DOL, Bureau of Labor Statistics, Consumer
Expenditures Survey, February 2004 -2,350
= $11,186
Transportation DOL, Bureau of Labor Statistics, Consumer
Expenditures Survey, February 2004 -4,852
= $6,334
Food DOL, Bureau of Labor Statistics, Consumer
Expenditures Survey, February 2004
(assuming food stamps for the majority) -4,815
= $1,519
Health Care DOL, Bureau of Labor Statistics, Consumer
Expenditures Survey, February 2004
(assumes health insurance through employer) -793
= $726
Child Care US Dept. of Agriculture, Center for Nutrition
Policy and Promotion, Expenditures on Children
by Families, April 2004
(assumes subsidy of 3f4 of real cost)
-2,030
= $-1,304
Source: Catholic Campaign for Human Development, Poverty USA, 2004.
Another factor to consider in planning for affordable housing in a community is
housing availability at the appropriate income level. For even if there is a supply of
modestly priced, adequate housing in a community, without safeguards (such as
allocation based on income), the most affordable housing may not be available to
those with the greatest need.
The cost of housing is a factor in anyone's budget, not just those with limited
income. The table below shows the "mismatch" in supply of affordable housing and
the income of occupants (derived from the 2000 census). For example, while there
were 3,520 units in Bremerton priced at an affordable rental rate for people with
3-5 Year Strategic Plan 45 Version 1.3
City of Bremerton
incomes between 31 % and 50% of AMI, only 51 % were occupied by households
within that income range.
Table 29 - Affordability Mismatch, Bremerton 2000
Housing Units by Affordability Rentals Owned*
Rent/price affordable at <30% AMI
Units in price range 1,915 N/A
Occupants at <30% AMI 54% N/A
Vacant units for rent/sale 110 N/A
Rent/price affordable at 31 %-50% AMI
Units in price range 3,520 1,096
Occupants at <=50% AMI 51% 27%
Vacant units for rent/sale 495 95
Rent/price affordable at 51 %-80% AMI
Units in price range 2,990 3,363
Occupants at < =80% AMI 60% 34%
Vacant units for rent/sale 115 170
*Includes units for sale.
Source: HUD 2000 CHAS data.
The needs of the more than 34,000 persons living in the county who are disabled
place additional requirements on the housing market for accessible housing. More
than 7,000 of these disabled persons live in the City of Bremerton.
In addition, 164 persons in Kitsap County live with HIV/AIDS.
Specific Housing Objectives (91.215 (b))
1. Describe the priorities and specific objectives the jurisdiction hopes to achieve
over a specified time period.
2. Describe how Federal, State, and local public and private sector resources that
are reasonably expected to be available will be used to address identified needs
for the period covered by the strategic plan.
3-5 Year Strategic Plan Specific Housing Objectives response:
Kitsap County: The County will continue to utilize CDBG/HOME funds in ways that
balance the affordable housing needs for both low-income and special needs
individuals/families with rental and homeownership opportunities throughout the
County. CDBG/HOME funding will be used, wherever possible, in ways that increase
and maximize other funding sources to projects. USDA Rural Development, State
Housing Trust Funds, Low-Income Housing Tax Credits, SHOP funds, 2060, private
grants and foundations are but a few of the funding sources that our low-income
housing partners will seek funding with CDBG/HOME commitments in hand. Self-
help homeownership as will as down payment assistance for existing housing stock
will be supported.
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City of Bremerton
CDBG funds will also be used to preserve and make housing affordable for existing
low-income and special needs individuals/families through housing rehab and
weatherization.
Bremerton: Major redevelopment of the Westpark Housing Area is a primary city
objective during the next five years. In a plan already agreed to by the County,
residents of Westpark will be able to locate to newer dwellings as mixed -market and
mixed-use development goes forward.
An additional City goal over the five-year period is to support increasing
homeownership, changing the present balance of owners (40%) to renters (60%) to
a balance that more nearly approaches the national and area average of 67%
ownership.
Finally, the City recognizes the need for quality, affordable housing and plans to take
building and tax initiatives that facilitate affordable development.
Needs of Public Housing (91.210 (b))
In cooperation with the public housing agency or agencies located within its
boundaries, describe the needs of public housing, including the number of public
housing units in the jurisdiction, the physical condition of such units, the restoration
and revitalization needs of public housing projects within the ju risdiction, and other
factors, including the number of families on public housing and tenant-based waiting
lists and results from the Section 504 needs assessment of public housing projects
located within its boundaries (i.e. assessment of needs of tenants and applicants on
waiting list for accessible units as required by 24 CFR 8.25). The public housing
agency and jurisdiction can use the optional Priority Public Housing Needs Table
(formerly Table 4) of the Consolidated Plan to identify priority public housing needs
to assist in this process.
3-5 Year Strategic Plan Needs of Public Housing response:
NEEDS OF PUBLIC HOUSING
There were 2,649 persons on the wait list for Section 8 Tenant-Based Assistance,
covering both the Kitsap County Consolidated Housing Authority and the Bremerton
Housing Authority.
Type/Name of Housing Location Units Popu lation Program
Public Housing
Golden Tides I Silverdale 15 Elderly Public Housing
Nollwood Bremerton 48 Families Public Housing
Fairview Bremerton 33 Families Public Housing
Coventry Park Bremerton 15 Families Public Housing
Austurbruin Poulsbo 10 Families Public Housing
Scattered sites County 15 Families Public Housing
Total Public Housing 136
Section 8 Housing
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City of Bremerton
Section 8 certificates Scattered 224 Mixed Section 8
Section 8 vouchers Scattered 51 Mixed Section 8
Total Section 8 Housing 275
Special Needs Housing
Chico Duplex Silverdale 2* Transitional
Liberty Bay Associates Bremerton 8 Mentally ill
Liberty Bay Associates Port Orchard 8 Mentally ill
Rotary Duplex Silverdale 2 Transitional
Rotary Duplex Poulsbo 2 Transitional
Total Special Needs Housing 22
Other Subsidized Housing
Tree Tops Apts. Silverdale 270 Mixed Bond financing
Kingston Ridge Kingston 38 Families
Port Orchard Valley Port Orchard 72 Families
Park Place Apts. Port Orchard 86 Families
Fjord Manor Poulsbo 38 Seniors FHA 515
Fjord Gardens Poulsbo (34)** Families Tax exempt bond
Rhododendron Apts. Bainbridge I. 50 Families USDA 515
Orchard Bluff Poulsbo 88 Seniors
Fjord Vista II Poulsbo 16 Families
550 Madison Ave. Bainbridge I. 13 Families
Windsong Apts. Poulsbo 36 Families
Viewmont East Port Orchard 76 Families
Heritage Port Orchard 56 Families
Golden Tides III Silverdale 18 Seniors
Golden Tides II Silverdale 45 Seniors
Madrona Manor Port Orchard 40 Seniors LIHTC
Fjord Manor Poulsbo 38 Seniors
Port Orchard Vista Port Orchard 42 Seniors
Total Other Subsidized Housing 1,022
Total All Housing 1,455
*Special needs housing - KCCHA assists non-profit programs to provide housing with
specialized services for homeless persons, chronically mentally ill, families in
transition, frail elderly, domestic violence victims and other special needs groups.
**AII of these units have been sold to first time homeowners
Source: KCCHA, June 2005.
Additional KCCHA Programs and Services
KCCHA started the 502 Direct Housing Program in 2004 to facilitate the purchase of
pre-existing homes to low- and very low-income families by providing applicant
referral and loan packaging services to local realtors. The housing authority is a
Community Renewal Agency and has conducted a major renewal in Bremerton.
KCCHA has been offering the USDA's Mutual Self-Help (MSH) Program in Kitsap
County and surrounding counties since 1973. Over that period, KCCHA has
completed more than 700 homes. Residents and KCCHA employees have been
among the purchasers of homes developed by the KCCHA. Currently, KCCHA is
completing the development of 6 affordable homes at the Parade Grounds in the City
of Bainbridge Island and is developing 90 single family homes at Better Place.
3-5 Year Strategic Plan 48 Version 1.3
City of Bremerton
Additional development is planned or underway at Nordic I, a 97-unit mixed income
family development consisting of 1, 2 and 3 bedroom apartments. A motel
conversion (to be named Poplars) is currently underway in Silverdale to create 32
Section 8 apartments for the elderly. Finally, plans are being developed for
approximately 90 units of family housing at North Almira.
The Poulsbo Community Center is owned by KCCHA and is financed by tax exempt
bonds. The lower level and some offices on the upper level are leased to the County
Health Department.
KCCHA further assists households to improve housing and achieve independence,
including home ownership in several ways:
. Family Self Sufficiency
. First time home buyers classes
. Down payment assistance
. Modernization program
Resident advisory committees are active at several KCCHA complexes and resident of
KCCHA housing is a member of Board of Commissioners.
Bremerton Housing Authority
The Bremerton Housing Authority operates 603 units of public housing in two
housing developments. In addition, the housing authority operates 1,059 Section
Housing Choice Vouchers on a scattered site basis throughout the city.
Type/Name of Housing Location Units Population Program/Funding
Westpark W Brem 582 Families Public Housing
Tara Heights E Brem 21 Families Public Housing
The Firs W Brem 60 Seniors Project Based S8
HSG Choice Vouchers 1,059 Families Section 8
Supportive HSG Program Brem 40 Disabled Section 8
Tamarack E Brem 83 Seniors Project Based S8
Redevelopment of Westpark
The Bremerton Housing Authority is approaching the fifth year of a $300 million
housing redevelopment project of its largest public housing site, Westpark. The
existing Westpark Housing Development, consisting of 582 units, is the remnant of a
larger World War II-era housing project that was built as temporary housing for
shipyard workers. The Bremerton Housing Authority's vision is to create an attractive
new community with distinctive architecture, plazas, and pedestrian -oriented streets.
The Strategic Master Plan - the redevelopment plan for Westpark - was created
through a community-involvement process that included Westpark residents,
residents of the wider Bremerton community, local officials, and community and
business leaders.
The Strategic Master Plan calls for a new vibrant mixed-use urban community to
include 1,000 public housing, low- and market-rate rental units and family-owned
homes, shops, restaurants, offices, a community center, sports fields, playgrounds
and a preserved environment of trees and open spaces. Also included is a new
seventy-two unit assisted living facility, with a twelve-unit section for people with
Alzheimer's Disease.
3-5 Year Strategic Plan 49 Version 1.3
City of Bremerton
Once the redevelopment is completed, Westpark residents will be able to walk from
home to a store, a park, or even a workplace. Housing will be two to four stories
high, oriented to the street, and will include multifamily buildings, duplexes,
townhouses, and small-lot detached homes.
Additional Bremerton Housing Authority Programs and Services
Affordable Housing Preservation: Preserving housing that may be sold to market;
and focusing on providing housing to the senior, elderly, and special needs
population.
Project Based Assistance (PBA): Provide project based assistance to the community;
support family relocation of the Westpark Redevelopment project; support elderly,
senior and special needs population development projects.
Resident Initiatives Programs: Home ownership, family self-sufficiency (FSS),
business entrepreneurship programs to low-income families.
Resident Involvement: One resident is a member of the Board of Commissioners of
the Housing Authority. In addition, a three-member Resident Advisory Committee
provides advice to the Board.
Public Housing Strategy (91.210)
1. Describe the public housing agency's strategy to serve the needs of extremely
low-income, low-income, and moderate-income families residing in the
jurisdiction served by the public housing agency (including families on the public
housing and section 8 tenant-based waiting list), the public housing agency's
strategy for addressing the revitalization and restoration needs of public housing
projects within the jurisdiction and improving the management and operation of
such public housing, and the public housing agency's strategy for improving the
living environment of extremely low-income, low-income, and moderate families
residing in public housing.
2. Describe the manner in which the plan of the jurisdiction will help address the
needs of public housing and activities it will undertake to encourage public
housing residents to become more involved in management and participate in
homeownership. (NAHA Sec. 105 (b)(ll) and (91.215 (k))
3. If the public housing agency is designated as "troubled" by HUD or otherwise is
performing poorly, the jurisdiction shall describe the manner in which it will
provide financial or other assistance in improving its operations to remove such
designation. (NAHA Sec. 105 (g))
3-5 Year Strategic Plan Public Housing Strategy response:
PUBLIC HOUSING STRATEGY
KCCHA has established the following goals:
0 Preserve and expand the supply of good quality housing
0 Make existing housing more affordable and more readily available
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City of Bremerton
0 Promote racial and economic diversity in residential neig hborhoods
0 Help households build wealth
0 Strengthen families
0 Link housing with essential supportive services
0 Promote balanced metropolitan growth.
Bremerton Housing Authority has established the following goals:
0 Expand existing assisted housing
0 Improve the quality of assisted housing
0 Increase assisted housing choices
0 Provide an improved living environment
0 Promote self-sufficiency and asset development of assisted households and
partner with social services agencies to improve recipient's employability
0 Ensure equal opportunity and affirmatively further fair housing
Additionally, the Bremerton Housing Authority has established the following
strateg ies:
1. The Housing Authority of Bremerton will continue its vision of being a progressive
agency to achieve its goals of providing subsidized housing, affordable housing,
economic growth, and a community resource to the City of Bremerton and its
partners;
2. Redevelop the Westpark Housing Development to include the demolition of 582
1940 era dwelling units to prepare for the construction of a new vibrant mixed -use
urban community to include: 1,000 housing units consisting of public housing, low-
and market-rate rental units and family-owned homes with the construction of
shops, restaurants, offices, and a preserved environment of trees and open spaces.
Also included is a new 72-unit assisted living facility, including a 12 -unit section for
people suffering from Alzheimer's Disease;
3. Maintain its position with the U.S Department of Housing and Urban Development
(HUD) as a High Performing agency in managing the Housing Choice Voucher and
Public Housing Programs;
4. Respond to federal funding reductions to the Housing Choice Voucher Program by
implementing policy and procedural cost control measures created with community
partnership;
5. Continue to assess operation methods and implement operation efficiencies
designed to control cost and provide better service to the community.
6. Continue to encourage self-sufficiency of participant families and assist in the
expansion of opportunities which address the needs of families in the areas of
educational, socioeconomic, recreational employability, basic life skills and other
supportive services;
7. Expand the level of family, owner and community support in accomplishing BHA's
mission;
8. Promote fair housing and provide an opportunity for eligible families of all ethnic
and racial backgrounds to experience freedom of housing choice;
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City of Bremerton
9. Promote market-driven housing programs that will assist eligible families in
successfully obtaining affordable subsidized housing, by increasing the supply of
housing choices for such families, as identified by local need.
Barriers to Affordable Housing (91.210 (e) and 91.215 (f))
1. Explain whether the cost of housing or the incentives to develop, maintain, or
improve affordable housing are affected by public policies, particularly those of
the local jurisdiction. Such policies include tax policy affecting land and other
property, land use controls, zoning ordinances, building codes, fees and charges,
growth limits, and policies that affect the return on residential investment.
2. Describe the strategy to remove or ameliorate negative effects of public policies
that serve as barriers to affordable housing, except that, if a State requires a unit
of general local government to submit a regulatory barrier assessment that is
substantially equivalent to the information required under this part, as
determined by HUD, the unit of general local government may submit that
assessment to HUD and it shall be considered to have complied with this
req u i rement.
3-5 Year Strategic Plan Barriers to Affordable Housing response:
Kitsap County: 1. The primary local factor negatively affecting the provision of
affordable housing in Kitsap County is land use controls and growth limits, as per the
WA State Growth Management Act. This state statute requires local governments to
set Urban Growth Area boundaries, outside of which development is restricted to
(approximately) one unit per 5-10 acres. The intent of the statute is to preserve
agricultural, forest, mineral, and other resource lands and to prevent urban sprawl
that cannot be served economically with urban services (sewer, transit, road
network, et al). One effect is that land prices both inside and outside the UGA's seem
to have escalated somewhat more steeply than national average land prices.
In a 2005 survey of affordable housing professionals (lenders, counselors,
sellers/brokers, and other real estate professionals) conducted as part of the Kitsap
County Analysis of Impediments to Fair Housing, no other structural impediments
were identified, e.g. building codes, taxes, fees & charges.
2. The primary strategy to ameliorate the negative effects of the Growth
Management Act (see above) is to develop a set of incentives to development within
Urban Growth Areas. This effort will be undertaken by the Kitsap Regional
Coordinating Council (KRCC: County, Cities, Tribes, and Port of Bremerton) through
its regularly-convened Planning Directors Forum during 2006. The incentives will be
detailed based on the Desktop Reference of Reasonable Measures collaboratively
developed by the KRCC Planning Directors during 2005. The Reasonable Measures
are a set of forty six (46) zoning, planning, infrastructure financing, and other
strategies that have been compiled for use in the Urban Growth Areas to increase
density and thus affordable housing.
Kitsap County's Comprehensive Plan outlines several steps to reduce barriers to
affordable housing. Among them are:
0 Develop ordinances that allow or require a minimum percentage of low- and
moderate-income units in housing developments
3-5 Year Strategic Plan 52 Version 1.3
City of Bremerton
0 Allow provisions for reduction of minimum lot sizes
0 Permit and encourage development of residential accessory units
0 Reduce development proposal processing time
0 Identify incentives for affordable housing (e.g. lower utility hookup fees and
rates, impact fee reductions and priority for zoning reviews)
Bremerton: The City detailed in a 2004 Comprehensive plan
http://www.ci.bremerton.wa.us/display.php?id=436, its approach to revitalizing
itself. Implict in the plan are the relationships of regulations, economics, and public
process in moving affordablity from where it is to where it might be.
The following language from the City's Comprehensive Plan details some of the
issues:
"...the Housing Element must also address an important state-wide and regional
challenge - the provision of affordable housing. Statewide and regional priorities are
established in the Growth Management Act itself.... The Growth Management Act
housing goal describes a fundamental requirement for Housing Elements. The GMA
housing goal states: Encourage the availability of affordable housing to all economic
segments of the population of this state, promote a variety of residential densities
and housing types, and encourage preservation of existing housing stock.
Discussion: Affordable housing in Bremerton is abundant, but it primarily serves low
and moderate income populations. The City must work towards diversifying its
affordable housing choices for a healthier combination of economic segments of the
population. A variety of housing densities and types, developed with a community
orientation and cohesiveness, will assist with this Growth Management charge.
In addition to the call in the GMA for affordable housing strategies within
Comprehensive Plans, jurisdictions within Kitsap County have also agreed to
cooperatively address the issue of fair and equitable distribution of affordable units.
Homeless Needs (91.205 (b) and 91.215 (e))
*Pleasealso refer to the Homeless Needs Table in the Needs.xls workbook
Homeless Needs- The jurisdiction must provide a concise summary of the nature
and extent of homelessness in the jurisdiction, (including rural homelessness where
applicable), addressing separately the need for facilities and services for homeless
persons and homeless families with children, both sheltered and unsheltered, and
homeless subpopulations, in accordance with Table lA. The summary must include
the characteristics and needs of low-income individuals and children, (especially
extremely low-income) who are currently housed but are at imminent risk of either
residing in shelters or becoming unsheltered. In addition, to the extent information
is available, the plan must include a description of the nature and extent of
homelessness by racial and ethnic group. A quantitative analysis is not required. If
a jurisdiction provides estimates of the at-risk population(s), it should also include a
description of the operational definition of the at-risk group and the methodology
3-5 Year Strategic Plan 53 Version 1.3
City of Bremerton
used to generate the estimates.
3-5 Year Strategic Plan Homeless Needs response:
HOMELESS NEEDS
Homeless providers in the county have assessed the needs of homeless by
conducting homeless surveys and meeting to review resources and needs. The Kitsap
Continuum of Care Coalition coordinates activities to meet homeless needs and
prevent homelessness throughout the area. The Coalition includes more than 60
members and 28 organizations that meet on a monthly basis to plan and coordinate
activities assisting the homeless.
In January 2005, the community conducted a count of the homeless in the county.
While the count covered most areas of the county, it is not considered by homeless
community providers to be an inclusive survey of homeless needs. Nevertheless, it
provides basic information on the characteristics of homelessness in the county. A
total of 1,132 unduplicated homeless persons were found in 880 households. 365
children were included in the count. Four hundred were sheltered in shelters,
transitional facilities or permanent supportive housing at the point in time of the
survey. Single males outnumbered single females by almost 2 to 1.
Many of the sheltered had disabilities. Over one-half (216) of the sheltered reported
a mental health problem. Others reported substance abuse and HIV/AIDS as
problems they were facing. Sixty-six sheltered single individuals were chronically
homeless; another 110 chronic homeless persons were found on the streets. There
were 134 victims of domestic violence, 72 Veterans and 26 unaccompanied youth
sheltered.
Many of the community's low-income persons are at-risk of becoming homeless,
often literally a paycheck away from falling into homelessness. And while economic
problems and eviction are often the final event leading to homelessness, persons
with mental illness and/or substance abuse are particularly vulnerable. They are
often unable to maintain a job (or if they do, it is at very low pay), have difficulty
with medicines (or self-medicate) and require multiple services to sustain self-
sufficiency. Others at-risk are members of dysfunctional families who are often
victims of domestic violence, runaway or abandoned youth and large families (86%
of very low income families with five or more members were found in the CHAS data
to have "housing problems" making them at-risk of losing their housing). The
combination of rising housing costs, limited income and insufficient subsidized
housing are major factors leading to homelessness.
The most common causes of homelessness self-identified by homeless persons
interviewed in the 2005 count were:
0 Drug or alcohol use (202 responses)
0 Unable to pay rent/mortgage (132)
0 Lost job (124)
0 Family break-up (109)
0 Evicted for non-payment or other reasons (104)
0 Mental illness (89)
0 Temporary living situation ended (73)
0 Domestic violence (69)
3-5 Year Strategic Plan 54 Version 1.3
City of Bremerton
0 Medical problems (69)
Homelessness is a countywide issue in Kitsap County. The homeless in Bremerton
are served by housing and social services provided on a countywide basis.
Therefore, solutions for homeless persons in Bremerton are integrally tied to this
countywide planning.
Priority Homeless Needs
1. Using the results of the Continuum of Care planning process, identify the
jurisdiction's homeless and homeless prevention priorities specified in Table lA,
the Homeless and Special Needs Populations Chart. The description of the
jurisdiction's choice of priority needs and allocation priorities must be based on
reliable data meeting HUD standards and should reflect the required consultation
with homeless assistance providers, homeless persons, and other concerned
citizens regarding the needs of homeless families with children and individuals.
The jurisdiction must provide an analysis of how the needs of each category of
residents provided the basis for determining the relative priority of each priority
homeless need category. A separate brief narrative should be directed to
addressing gaps in services and housing for the sheltered and unsheltered
chronic homeless.
2. A community should give a high priority to chronically homeless persons, where
the jurisdiction identifies sheltered and unsheltered chronic homeless persons in
its Homeless Needs Table - Homeless Populations and Subpopulations.
3-5 Year Strategic Plan Priority Homeless Needs response:
To establish the priority needs, the Kitsap County Continuum of Care Coalition
analyzed the needs of homeless in the county using the homeless count, intake data
and antecdotal information from providers in the community. The count itself used
the standards of the HUD McKinney Program, HUD homeless definitions and the
standards of the Balance of Washington State Continuum Homeless Management
Information Systems. The Coalition has identified a need to develop 45 shelter beds
for homeless families and 150 shelter beds for homeless individuals (see Table lA).
There is a significant unmet need for transitional housing for families totaling 158
beds and 76 beds for homeless singles. The needs for permanent supportive housing
for the homeless disabled include 55 family beds and 41 singles beds, some of which
would serve chronically homeless persons.
The general Continuum of Care priorities are established by the Coalition were:
Housing Projects
0 Rental Assistance
0 Transitional Housing
0 Affordable Permanent Housing
0 Emergency Shelter
Services Activities
0 Rental Assistance for Prevention
0 Case Management
0 Outreach and Collaboration
0 Education, Life Skills and Living Wage Jobs
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City of Bremerton
0 Fair Market Housing
A meeting of homeless providers and governmental agencies held in Septemeber
2005 identified the following priority needs:
1. Employment, including living wage jobs ($14.+/hr), entry level jobs with a
path to living wage jobs and training/jobs skills development
2. Day Center to provide the basic needs for persons on the streets of liviing in
their vehicles
3. Subsidized Single Room Occupancy (with bathrooms) for homeless persons
and very low income persons
4. Affordable Housing for households at less than 30% AMI
5. Family Emergency Shelter beds
6. Subsidies to make rental housing affordable
7. Assistance to doubled-up persons at risk
8. Subsidized Child Care
9. Health and mental health care services including medications
10. Improved coordination of mainstream resources and the removal of
unnecessary barriers in regulations
11. Supportive services for at-risk and homeless populations
12. Eviction Prevention Services including counseling and rental assistance
13. Assistance with reinstatement of credit for poor credit history or poor rent
payment history
14. Tra nsportation
15. Housing for Sex Offenders
16. Transitional Housing with supportive services
17. Maintenance of existing housing stock
18. A Range of Strength-based Case Management Services
19. Clean and Sober Living facilities
20. Permanent supportive housing for homeless and at-risk populations
HOMELESSNESS GOALS:
To ensure that decent, accessible, affordable, and suitable housing is available in the
County and its cities, and support services meet the needs of individuals and families
who are homeless or at risk of homelessness, the Kitsap County community will:
Specific Objective: N-l
Provide a sufficient variety and quantity of decent and safe, emergency, transitional
and affordable permanent housing.
Number N-1.1 Kitsap County/Bremerton: Maintain, and increase where necessary,
current levels of emergency, transitional, and permanent housing with adequate
supportive services.
Number N-1.2 Increase the availability of housing options, including affordable
housing and disabled housing (where necessary) through accessibility and
rehabilitation funding. (see H-3)
Number N-1.3 Kitsap County/Bremerton: Expand resources for homeless programs.
Maintain, and increase where necessary, the level of funding for housing programs
and services identified and enforced by the Continuum of Care annually, through
advocacy and grant writing.
3-5 Year Strategic Plan 56 Version 1.3
City of Bremerton
Number N-1.4 Kitsap County/Bremerton: Support education efforts to preserve
decent, safe, low-income housing.
Specific Objective: N-2
Provide adequate support through coordinated systems of: resources, outreach,
assessment, case management, provider collaboration, homelessness
prevention, rental assistance and advocacy.
Number N-2.1 Kitsap County/Bremerton: Support the efforts of the Continuum of
Care Coalition to take the lead in identifying gaps in services and priority needs,
maintaining data on homeless persons, coordinating services and developing
collaborative funding proposals for homeless populations.
Number N-2.2 Kitsap County/Bremerton: Support the use of case management
practices and provider collaboration to ensure a coordinated system of services for
special needs and low-income populations where appropriate.
Number N- 2.3 Kitsap County/Bremerton: Use a portion of available resources to
subsidize necessary support services for those who are homeless or at risk of
homelessness and promote leveraging of additional funding.
Number N- 2.4 Kitsap County/Bremerton: Implement new data collection technology
(HMIS) throughout the homeless system.
Specific Objective N-3
Provide critical supportive services to support housing options for the homeless.
Number N- 3.1 Kitsap County/Bremer-ton: Expand services during non-shelter hours.
Number N- 3.2 Kitsap County/Bremerton: Investigate models for possible
development of Day Center to provide services to the homeless by Fall, 2007.
Number N- 3.3 Kitsap County/Bremerton: Expand child care services and subsidies
for the homeless and those at-risk as needed.
Number N- 3.4 Expand counseling services to the homeless and improve linkages
between substance abuse providers and activities and mental health providers and
activities.
Number N- 3.5 Analyze needs of youth, develop a resources plan and implement a
plan to meet needs of homeless and at-risk youth including those "aging out" of
foster care.
Number N- 3.6 Kitsap County/Bremerton: Encourage independent living by
supporting living skills training, respite care, child care, training, counseling and job
referrals.
Number N- 3.7 Kitsap County/Bremerton: Develop and improve inter-agency
communication to assist those released from institutions or programs in seeking
housing and services.
3-5 Year Strategic Plan 57 Version 1.3
City of Bremerton
Homeless Inventory (91.210 (e))
The jurisdiction shall provide a concise summary of the existing faci lities and services
(including a brief inventory) that assist homeless persons and families with children
and subpopulations identified in Table 1A. These include outreach and assessment,
emergency shelters and services, transitional housing, permanent supportive
housing, access to permanent housing, and activities to prevent low-income
individuals and families with children (especially extremely low -income) from
becoming homeless. The jurisdiction can use the optional Continuum of Care
Housing Activity Chart and Service Activity Chart to meet this requirement.
3-5 Year Strategic Plan Homeless Inventory response:
HOMELESS INVENTORY
To meet the needs of the homeless, area providers have developed a variety of
services and housing aimed at moving the homeless back to self-sufficiency as
quickly and effectively as possible. The Housing Activity Chart and the Service
Activity Chart located in the Appendix are briefly summarized below:
Housing Facilities
A total of 71 permanent shelter beds and 14 seasonal beds are available to meet the
short-term needs of homeless families and individuals. Sixty-one family beds serve
approximately 16 families, while 10 beds are available for single female individuals.
Another 14-bed facility for single men is currently under development. Homeless
planners have identified an unmet need of 195 shelter beds, predominately to serve
single males.
Four providers maintain 109 transitional housing beds: 41 for individuals and 68 for
families. Under development are 2 more facilities providing 36 additional beds,
leaving an unmet need of 234 beds in the community.
Six housing providers have available 166 permanent supportive housing beds for
homeless persons with disabilities; all but 27 beds are for single disable d persons
only. Planners estimate that an additional 96 beds are needed to meet the current
need.
Supportive Services
Ten different service providers assist those at-risk of homelessness with short-term
rental assistance. Several others provide homeless prevention services such as utility
assistance, food and clothing, rental counseling and personal services to families and
individuals.
3-5 Year Strategic Plan 58 Version 1.3
City of Bremerton
A few agencies provide outreach, assessment and referral to persons living on the
streets. The Continuum of Care planning group utilizes the homeless count as a
method of reaching out to many of the homeless.
Kitsap Community Resources is a primary provider of services in the community and
is supported by several agencies providing specialized assistance to the homel ess
such as mental health counseling, child care, employment assistance, drug and
alcohol treatment, case management, life skills training, HIV/AIDS treatment,
drug/alcohol treatment and counseling, and transportation.
(See attached "Service Activity Chart" from 2005 McKinney Application for further
detail.)
Homeless Strategic Plan (91.215 (c))
1. Homelessness- Describe the jurisdiction's strategy for developing a system to
address homelessness and the priority needs of homeless persons and families
(including the subpopulations identified in the needs section). The jurisdiction's
strategy must consider the housing and supportive services needed in each stage
of the process which includes preventing homelessness, outreach/assessment,
emergency shelters and services, transitional housing, and helping homeless
persons (especially any persons that are chronically homeless) make the
transition to permanent housing and independent living. The jurisdiction must
also describe its strategy for helping extremely low- and low-income individuals
and families who are at imminent risk of becoming homeless.
2. Chronic homelessness-Describe the jurisdiction's strategy for eliminating chronic
homelessness by 2012. This should include the strategy for helping homeless
persons make the transition to permanent housing and independent living. This
strategy should, to the maximum extent feasible, be coordinated with the
strategy presented Exhibit 1 of the Continuum of Care (CoC) application and any
other strategy or plan to eliminate chronic homelessness. Also describe, in a
narrative, relationships and efforts to coordinate the Conplan, CoC, and any other
strategy or plan to address chronic homelessness.
3. Homelessness Prevention-Describe the jurisdiction's strategy to help prevent
homelessness for individuals and families with children who are at imminent risk
of becoming homeless.
4. Institutional Structure-Briefly describe the institutional structure, including
private industry, non-profit organizations, and public institutions, through which
the jurisdiction will carry out its homelessness strategy.
5. Discharge Coordination Policy-Every jurisdiction receiving McKinney-Vento
Homeless Assistance Act Emergency Shelter Grant (ESG), Supportive Housing,
Shelter Plus Care, or Section 8 SRO Program funds must develop and implement
a Discharge Coordination Policy, to the maximum extent practicable. Such a
policy should include "policies and protocols for the discharge of persons from
publicly funded institutions or systems of care (such as health care facilities,
foster care or other youth facilities, or correction programs and institutions) in
order to prevent such discharge from immediately resulting in homelessness for
such persons." The jurisdiction should describe its planned activities to
3-5 Year Strategic Plan 59 Version 1.3
City of Sremerton
implement a cohesive, community-wide Discharge Coordination Policy, and how
the community will move toward such a policy.
3-5 Year Homeless Strategic Plan response:
DISCHARGE
Youth - Develop collaborative programs to meet the job training needs of
emancipating foster youth and programs that help them obtain information regarding
education, training, and job search services.
Prisoners:
Prisoner release to parole is mandated by law & requires inmates being released to
return to their last county of legal residence. The public's perception is that the
parole agency then becomes exclusively responsible for the inmate/parolee
population. Their role, however, is much less involved. The problems of any person
with no income, housing, treatment, health care and sometime no family or
community ties soon become everyone's problems.
Recidivism studies show that planning and preparing with the local service and
treatment provider agencies prior to release can speed up integration into services
and security and this involvement with the community's can promote better
adjustment for released inmates. An important key to reducing problems for both the
ex-prisoners and community is to provide individual discharge planning prior to
parole.
Discharge planning is only as good as prison's ability to work closely with other
public agencies and non-profit support services. The inmate population does not
have the ability to schedule appointments with social service agencies or jobs or
training prior to their release. Consequently, once they parole, it can take months
before stability can be secured for a mentally ill or physically challenged parolee.
Without housing subsidies, low-income women attempting recovery may be forced to
compromise safety for themselves and their children, risk sobriety, threaten family
reunification goals, and/or leave program-established support systems by finding
shelter in less desirable locations. Leaving support systems that validate drug -free
lifestyles will jeopardize recovery goals because many clients may return to drug use
in order to cope with this stressful situation.
Advocate for comprehensive, standardized pre-release planning and necessary
services for every releasee, and secure funding for housing and services identified in
the planning process.
Convene stakeholder taskforce to review housing qualification and placement policies
to determine if they contribute to the homelessness of institutional releases.
Improve coordination of services and movement of clients into permanent housing,
especially those receiving treatment for substance abuse and mental health
treatment.
Emergency Shelter Grants (ESG)
(States only) Describe the process for awarding grants to State recipients, and a
description of how the allocation will be made available to units of local government.
3-5 Year Strategic Plan 60 Version 1.3
City of Bremerton
3-5 Year Strategic Plan ESG response:
ESG funding is not a part of this consortium.
Community Development (91.215 (e))
*Please also refer to the Community Development Table in the Needs.xls workbook
1. Identify the jurisdiction's priority non-housing community development needs
eligible for assistance by CDBG eligibility category specified in the Community
Development Needs Table (formerly Table 2B), - i.e., public facilities, public
improvements, public services and economic development.
2. Describe the basis for assigning the priority given to each category of priority
needs.
3. Identify any obstacles to meeting underserved needs.
4. Identify specific long-term and short-term community development objectives
(including economic development activities that create jobs), developed in
accordance with the statutory goals described in section 24 CFR 91.1 and the
primary objective of the CDBG program to provide decent housing and a suitable
living environment and expand economic opportunities, principally for low - and
moderate-income persons.
NOTE: Each specific objective developed to address a priority need, must be identified by number
and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and
annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other
measurable terms as identified and defined by the jurisdiction.
3-5 Year Strategic Plan Community Development response:
COMMUNITY DEVELOPMENT GOALS:
To ensure the safe, livability of neighborhoods, the preservation of important
facilities, public access to facilities and services, and planning activities that primarily
benefit low-income persons, Kitsap County will:
Specific Objective C-1
Support a continuum of social and health services for low/moderate income persons.
Number C-1.1 Kitsap County/Bremerton: Support effective ongoing continuum of
social and health services and use existing planning, housing and service networks
(i.e. Continuum of Care Coalition, Planners & Funders Group, etc.) to evaluate and
develop collaborative responses to priority needs.
Number C-1.2 Kitsap County/Bremerton: Support efforts to address social and health
issues identified in community plans.
3-5 Year Strategic Plan 61 Version 1.3
City of Bremerton
Specific Objective C-2
Provide suitable access to all public buildings in the cities and County by removing
architectural barriers.
Number C-2.1 Kitsap CountyjBremerton: Provide supportive funding to increase ADA
access to city, county and other government business and for servicejhousing
providers of low-income clients and special needs populations.
Specific Objective C-3
Support planning projects that assess or identify services and housing to
support low income individuals, families, neighborhoods and special needs.
Number C-3.1 Kitsap County: Support planning projects that address community
needs.
Number C-3.2 Bremerton: Support planning efforts identified in community-wide
plans which address C-3 Objective.
Specific Objective C-4
Support local efforts toward solving public facility needs, especially those
identified in community wide planning efforts.
Number C-4.1 Kitsap CountyjBremerton: Encourage efforts to combine, coordinate
and integrate CDBG funds with other available private and public resources
whenever possible to provide support to low income neighborhoods and to leverage
additional funds.
Number C-4.2 Kitsap CountyjBremerton: Consider community centers, senior
centers, youth centers, daycare centers, shelters and drugjalcohol rehabilitation
andjor detoxification centers as possible responses to public health and service
needs for low income residents.
Specific Objective c-s
Meet urgent Community Development needs, which pose a serious and
immediate risk to public health or safety.
Number C-S.l Kitsap CountyjBremerton: Keep apprised of disaster relief needs and
public health emergencies. Evaluate Community Development needs (through the
grant decision process) for imminent health and safety risks.
Antipoverty Strategy (91.215 (h))
1. Describe the jurisdiction's goals, programs, and policies for reducing the number
of poverty level families (as defined by the Office of Management and Budget and
revised annually). In consultation with other appropriate public and private
agencies, (i.e. TANF agency) state how the jurisdiction's goals, programs, and
policies for producing and preserving affordable housing set forth in the housing
3-5 Year Strategic Plan 62 Version 1.3
City of Bremerton
component of the consolidated plan will be coordinated with other programs and
services for which the jurisdiction is responsible.
2. Identify the extent to which this strategy will reduce (or assist in reducing) the
number of poverty level families, taking into consideration factors over which the
jurisdiction has control.
3-5 Year Strategic Plan Antipoverty Strategy response:
The County and City see poverty, simply enough, as lack of income. Given that
narrow definition, the jurisdictions continue to encourage economic development that
creates living wage jobs in the area. Just as a Continuum of Care describes the
partnerships and transitions for the homeless population, so an Economic Continuum
describes area efforts to bring individuals through financial levels to meet their
individual goals. Here follows the goals and objectives:
ECONOMIC DEVELOPMENT GOALS:
To ensure: the safe livability of neighborhoods, the preservation of important
facilities, public access to facilities and services, and planning activities, that
primarily benefit low-income persons, Kitsap County will:
Specific Objective E-1
Support creation and retention of sustainable livable wage jobs, and essential job
preparation skills.
Number E-1.1 Kitsap CountyjBremerton: Advocate for livable wage jobs (paying
more than $14.69 based on 2004 wages), and encourage services that support job
preparation for low-income workers (i.e. childcare, training).
Number E-1.2 Kitsap CountyjBremerton: Support efforts to promote self-sufficiency
through a care continuum of social services that sustain clients through low-wage
entry-level jobs and into livable wage jobs. (i.e. childcare).
Specific Objective E-2
Assist low-income individuals who wish to establish, expand or stabilize a small
business by providing loans and supportive technical assistance and training.
Number E-2.1 Kitsap CountyjBremerton: Maintain an economic development
program that provides gap financing for reliable business start-up enterprises
identified by lenders.
Number E-2.2 Kitsap CountyjBremerton: Encourage community efforts to provide
technical assistance to support new and growing small businesses.
Number E-2.3 Kitsap County: Provide 10% of program CDBG funds received for
Economic Development through 2010.
Specific Objective E-3
Revisit existing economic development plans and policies and modify them as
3-5 Year Strategic Plan 63 Version 1.3
City of Bremerton
necessary to develop and maintain infrastructures that encourage livable-wage
jobs.
Number E-3.1 Kitsap CountyjBremerton: Identify and maintain relationships with
economic development committees and sub-committees committed to developing
infrastructures that encourage living wage jobs.
Number E-3.2 Kitsap CountyjBremerton: Use 2000 Census to update
financial/wage information.
Specific Objective E-4
Encourage and foster new businesses offering living wage jobs in the County.
Number E-4.1 Kitsap CountyjBremerton: Covene a meeting of economic
development and employment assistance agencies to network and exchange
information on common issues.
Low Income Housing Tax Credit (LIHTC) Coordination (91.315
(k))
1. (States only) Describe the strategy to coordinate the Low-income Housing Tax
Credit (LIHTC) with the development of housing that is affordable to low- and
moderate-income families.
3-5 Year Strategic Plan LIHTC Coordination response:
Not applicable
Specific Special Needs Objectives (91.215)
1. Describe the priorities and specific objectives the jurisdiction hopes to achieve
over a specified time period.
2. Describe how Federal, State, and local public and private sector resources that
are reasonably expected to be available will be used to address identified needs
for the period covered by the strategic plan.
3-5 Year Non-homeless Special Needs Analysis response:
There are relatively greater needs in terms of the number of persons who are
elderly, frail elderly, and seriously mentally ill and disabled than other special needs
populations. The City's housing rehabilitation program includes provisions for
making housing handicapped accessible for persons with physical disabilities.
Further, the service providers funded by the City's CDBG Program, notably
Bremerton Foodline (Food Bank) and Bremerton Services Association (Meals-on-
3-5 Year Strategic Plan 64 Version 1.3
City of Bremerton
wheels) meet basic needs of clients and are also in a position to refer for additional
services available in the community.
Obstacles that may be faced in meeting the needs of underserved special needs
populations include the limited amount of state and federal funds available for these
populations.
*Special Needs Populations include the following categories: elderly, frail elderly,
persons with disabilities (mental, physical, developmental), persons living with
HIVjAIDS, persons fleeing domestic violence, persons with alcohol or other drug
addiction and people affected by more than one identification.
SPECIAL NEEDS GOALS:
To ensure that suitable, effective assistance is available for vulnerable persons in
*Special Populations who are in need of housing, support or care services, the Kitsap
County and Bremerton community will:
Specific Objective S-l
Maintain, improve, and increase effective services and suitable housing.
Number S-1.1 Kitsap CountyjBremerton: Maintain current support service level and
increase where necessary through December 2010, and substantiate service
priorities with best available demographic data.
Number S-1.2 Kitsap CountyjBremerton: Develop housing opportunities for people
with special needs that provide services within the home through ADA rehabilitation
for at least five permanent residences a year - 25 by Fall, 2010. Explore the potential
for sharing the cost of expanding housing for special needs populations throughout
the county.
Number S-1.3 Kitsap CountyjBremerton: Provide funding support for special needs
housing.
Number S-1.4 Kitsap CountyjBremerton: Develop transitional housing targeted for
personsjfamilies fleeing domestic violence.
Number 5-1.5 Kitsap County: Increase the supply of permanent housing with
supportive services available for chronically mentally ill person s.
Number S-1.6 Kitsap CountyjBremerton: Investigate the possibility of developing a
pre-treatment house for persons waiting for space in drug alcohol treatment centers.
Specific Objective 5-2
Ensure effective service delivery and housing availability through supportive
ordinances and regulations.
Number S-2.1 Kitsap CountyjBremerton: Collaborate with governmental planning
departments to monitor changes in ordinances and regulations that reduce or hinder
effective service delivery or housing availability for low-moderate income residents.
3-5 Year Strategic Plan 65 Version 1.3
City of Bremerton
Number S-2.2 Kitsap CountyjBremerton: Collaborate with planning departments to
prepare a Housing Affordability Forum by Summer, 2006.
Number S-2.3 Kitsap CountyjBremerton: Expand the number of
interlocalfinteragency agreements to exchange data and information.
Specific Objective S-3
Support efforts to develop an entry system for special population clients that ensure
links with appropriate diagnosis, placement, support and treatment.
Number S-3.1 Kitsap CountyjBremerton: Support the efforts of existing networks
and coalitions to develop and establish an assessmentjentry system that connects
clients with all available resources and avoids duplication of services.
Number S-3.2 Survey Agencies - By September 1, 2006
Number S-3.3 Develop Assessment - By September 1, 2008
Number S-3.4 Test Assessment - By September 1, 2009
Number S-3.5 Kitsap CountyjBremerton: Incorporate principles of the New Freedom
Initiative by contacting and planning with the disabled community to assure their
awareness and contribution to the projects and programs funded by CDBG.
Specific Objective S-4
Increase and maintain the availability of effective, timely life skills training and work
preparation to promote self sufficiency.
Number S-4.1 Kitsap CountyjBremerton: Support agency and public housing efforts
to promote self-sufficiency.
Number S-4.2 Kitsap CountyjBremerton: Support organizations offering training
(including home living) and work skills preparation that address special
needs populations endeavors to live independently (with or without
assistance).
Non-homeless Special Needs (91.205 (d) and 91.210 (d))
Analysis (including HOPWA)
*Please also refer to the Non-homeless Special Needs Table in the Needs.xls workbook.
1. Estimate, to the extent practicable, the number of persons in various
subpopulations that are not homeless but may require housing or supportive
services, including the elderly, frail elderly, persons with disabilities (mental,
physical, developmental, persons with HIVjAIDS and their families), persons with
alcohol or other drug addiction, and any other categories the jurisdiction may
specify and describe their supportive housing needs. The jurisdiction can use the
Non-Homeless Special Needs Table (formerly Table lB) of their Consolidated Plan
to help identify these needs.
3-5 Year Strategic Plan 66 Version 1.3
City of Bremerton
*Note: HOPWA recipients must identify the size and characteristics of the population with HIV/AIDS
and their families that will be served in the metropolitan area.
2. Identify the priority housing and supportive service needs of persons who are not
homeless but require supportive housing, i.e., elderly, frail elderly, persons with
disabilities (mental, physical, developmental, persons with HIVjAIDS and their
families), persons with alcohol or other drug addiction by using the Non-homeless
Special Needs Table.
3. Describe the basis for assigning the priority given to each category of priority
needs.
4. Identify any obstacles to meeting underserved needs.
5. To the extent information is available, describe the facilities and services that
assist persons who are not homeless but require supportive housing, and
programs for ensuring that persons returning from mental and physical health
institutions receive appropriate supportive housing.
6. If the jurisdiction plans to use HOME or other tenant based rental assistance to
assist one or more of these subpopulations, it must justify the need for such
assistance in the plan.
3-5 Year Non-homeless Special Needs Analysis response:
NON-HOMELESS SPECIAL NEEDS AND ANALYSIS (INCLUDING HOPWA)
An indication of the number of persons with special needs is the number of persons
receiving state social services. The State Department of Social and Health Services
reports that 19.6% of the county population uses state services, the fifth lowest
percentage in the state and considerably below the state rate of 24.7%. A total of
18% of the county population are classified as disabled, approximating the state rate
(DSHS 2003). Bremerton and Port Orchard were the two communities with the
highest proportion of persons with disabilities in Kitsap County, both with 26% of
their population classified as disabled in the 2000 US census. Many of these fell into
special needs categories:
o Eleven percent of the county population was over 65 years of age in 2000,
representing more than 24,553 persons. 43% of the counties residents over 65 years
of age were disabled in 2004 (Kitsap County Health District 2004). Many among
those who are over 85 years old are in frail condition. In Kitsap County 3,081
persons were over age 85 in 2000, 816 living in Bremerton.
o The State DSHS reports 4,302 persons in the county suffering from mental illness
among their active workload in 2003. Of these, 1,613 lived in Bremerton.
o A total of 1,624 persons in the county with alcohol or drug problems were assisted
by the state in 2003. Deaths from alcohol or drugs reached 186 persons. The
percentage of adults in the county needing treatment in 2003 reached 10.9%, while
the rate among youth 18-24 totaled over 22%.
o In 2003, the state reported 2,495 cases of child abuse and neglect, down for the
third year in a row.
3-5 Year Strategic Plan 67 Version 1.3
City of Bremerton
Housing Opportunities for People with AIDS (HOPWA)
*Please also refer to the HOPWA Table in the Needs.xls workbook.
1. The Plan includes a description of the activities to be undertaken with its HOPWA
Program funds to address priority unmet housing needs for the eligible
population. Activities will assist persons who are not homeless but require
supportive housing, such as efforts to prevent low-income individuals and
families from becoming homeless and may address the housing needs of persons
who are homeless in order to help homeless persons make the transition to
permanent housing and independent living. The plan would identify any
obstacles to meeting underserved needs and summarize the priorities and
specific objectives, describing how funds made available will be used to address
identified needs.
2. The Plan must establish annual HOPWA output goals for the planned number of
households to be assisted during the year in: (1) short-term rent, mortgage and
utility payments to avoid homelessness; (2) rental assistance programs; and (3)
in housing facilities, such as community residences and SRO dwellings, where
funds are used to develop and/or operate these facilities. The plan can also
describe the special features or needs being addressed, such as support for
persons who are homeless or chronically homeless. These outputs are to be
used in connection with an assessment of client outcomes for achieving housing
stability, reduced risks of homelessness and improved access to care.
3. For housing facility projects being developed, a target date for the completion of
each development activity must be included and information on the continued
use of these units for the eligible population based on their stewardship
requirements (e.g. within the ten'"year use periods for projects involving
acquisition, new construction or substantial rehabilitation).
4. The Plan includes an explanation of how the funds will be allocated including a
description of the geographic area in which assistance will be directed and the
rationale for these geographic allocations and priorities. Include the name of
each project sponsor, the zip code for the primary area(s) of planned activities,
amounts committed to that sponsor, and whether the sponsor is a faith-based
and/or grassroots organization.
5. The Plan describes the role of the lead jurisdiction in the eligible metropolitan
statistical area (EMSA), involving (a) consultation to develop a metropolitan -wide
strategy for addressing the needs of persons with HIV/AIDS and their families
living throughout the EMSA with the other jurisdictions within the EMSA; (b) the
standards and procedures to be used to monitor HOPWA Program activities in
order to ensure compliance by project sponsors of the requirements of the
program.
6. The Plan includes the certifications relevant to the HOPWA Program.
3-5 Year Strategic Plan HOPWA response:
HOPW A
HIV/AIDS Treatment and Services -
3-5 Year Strategic Plan 68 Version 1.3
City of Bremerton
The purpose of the HIV/AIDS Program at Kitsap County Health District is to assure
comprehensive, high-quality HIV/AIDS services in Kitsap County with a focus on
prevention and care.
AIDS Housing of Washington used $957,389 in HOPWA funds to renovate the Lyon
Building, in downtown Seattle. It provides 64 efficiency apartments for homeless,
single adults who are disabled with AIDS, chronic mental illness and/or chemical
abuse. The project provides intensive on-site support that is designed to stabilize the
city's hardest-to-house population. It currently spends $227,000 to support on-going
operations.
This type project is clearly beyond the need or capacity of Kitsap County to provide,
but shifting funding rules make this population, of necessity, a less stable
community.
HIV Case management is provided through the local Kitsap County Health District.
Treatment and services are coordinated with housing services The Shelter Plus Care
program may be a future funding source, but there is currently no supported housing
specifically for this population. The only housing funds available have been Section 8
vouchers that remain with the client. Severe reductions in available vouchers is due
to Federal reduction in issued vouchers, and the increased use of project based
vouchers that remain with the building to support the costs of construction and
maintenance. Funding distribution regulations have not provided a consistent funding
stream that follows clients. Allocated funds stay with the district that has enrolled the
client, and in recent years this has made it difficult to fund HIV/AIDS patients who
have moved to Kitsap County to escape the impossibly high cost of living in
surrounding communities, but leave their subsidies behind.
In addition to health and poverty issues, housing has become difficult to arrange
even with a subsidy. Most patients have depleted all of their finances long before
they apply for public housing. The entire rental community, including public housing,
now regularly perform credit checks on every applicant. The requirements, while
somewhat flexible, have guidelines that can eliminate even the conscientious (but
poverty stricken) person from the waiting list.
HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS (HOPWA)
The current caseload of 164 adults in the county with HIV and AIDS is not large
compared to other disabled persons, yet their individual needs are significant.
(Washington State Department of Health, 2005).
Specific HOPWA Objectives
1. Describe how Federal, State, and local public and private sector resources that
are reasonably expected to be available will be used to address identified needs
for the period covered by the strategic plan.
3-5 Year Specific HOPWA Objectives response:
Consortium partners will engage the Kitsap County Health District, and the OutKitsap
organization to monitor needs and develop goals for care of HIV/AIDS patients.
3-5 Year Strategic Plan 69 Version 1.3
City of Bremerton
Include any Strategic Plan information that was not covered by a narrative in any
other section.
3-5 Year Strategic Plan 70 Version 1.3
------------
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li~
~I
- ---- --
Unemployment Rate, 1990-2003
(not seasonally adjusted)
8
7.5
7
. ,
4 I
1990 1991 1992 1993 1994 1995 1996 1997 1998 2002 2003
Source: Bureau of Labor Statistics
---- Kitsap County jBremerton-Silverton PMSA
-- Washington
. United States
.." ~"----,-. .-" .~--"----- ---. - ~"- ___" ___n....___ __ ___.____ ._".,_____~__
I
.~
.------ .------ - -----. -.
~- ------
HigheSt Education Levels, 2000
Figure"
100%
900/e \
80%
7\1 % \
60%
5~010 /'
40% -------- /
30%
20%
100/0
0% -Washington \J .S.
BreUlerton Thurston County
. No 1li~ School DiplO1lla or E'luivalency .1ligh School Diploma or E'luivalenC)'
. hssoc1ate Degree
o Some olle-&e . Master's Degree or hbove
. Bachelor's egree
----- --- .----- -
-----.-- ----------
--~ - - -------- .------
Household Income Range, 1999
Figure 5
100%
90%
80%
70%
60% . or more $100,000
50% II $75,000.99,999
$50,000.74,999
40% III $49,000.$25,000
. Less than $25,000
30%
,2,0%
10%
0%
Bremerton Kitsap County Washington U.S.
Source: us Census
-----
2000 Population Living in Poverty
Figure 6
50%
45%
40% .
35%
III Total Persons
30% III Persons 18 or older
III Persons 65 and older
25% 11II Total Families (including couple!!>)
III Families with children <18 yearsl
20% III Families with children <5 years
111II Females alone with children <1 a years
! II Females alone with children <5 years
15%
10%
5%
0%
Bremerton Kitsap County Washington United States
DATE SUBMITTED: October 5, 2005 BILL # OS~~<f{
AGENDA BILL
CITY OF BREMERTON 10
CITY COUNCIL g
........................................................................................
SUBJECT: Ordinance No. 19 tf 'f Committee Meeting Date: October 12, 2005
amending Title 7 of the Bremerton COUNCIL MEETING Date: October 19,2005
Municipal Code relating to Animals Department: City Attorney's Office
Presenter: Ken Bagwell
Phone: 473-2345
SUMMARY: The proposed ordinance clarifies the City's position regarding the treatment of
animals, makes the City's Animal Cruelty provisions consistent with other local jurisdictions and
clarifies enforcement and penalty provisions for improper treatment of animals.
ATTACHMENTS: 1) Memo from Paula Johnston; 2) Proposed Ordinance
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:. ....'""'''.~......~'''
CITY ATTORNEY i'"~"^-~/",,,;-,:~'-' ,. _...e!" _""',.~".rn"'.~...;l.'//
: ;;:~:: ~ 1~"'~"~:'::Ol': :"'" "'of";; ..r. - - _~"" ','^'- - -.,,~' ..
\~J
FINANCE DIRECTOR:
MAYOR:
"'. ',.. -
l ) '~' 0'~"?" /1
_ // . . ~/ ,,,~r ,.I ~
''/ ;' /,' ~~;/ '...... . ^.. . "",
. . .' . '/. L, ---"-.,-~,..-"- .
FISCAL/BUD~ET. "f/.~:.~t,i~~ (~;> {,;?7-:-;' CONSENT A.~., .... A,.,.~
OPERATIONS. L/.~/",A '.", ".~ "V,r ./..~...~ i
COUNCIL PRESIDENT: -:r:>"^-<--. tI...J~ (11/
RECOMMENDED MOTION:
Move to pass Ordinance No. 1 q if '~ amending Title 7 relating to animals.
COUNCIL ACTION: 0 Approve D Deny D Table 0 Continue 0 No Action
m .
~...
Paula Johnston, City Clerk Pauta.Johnston@ci.bremerton.wa.us
Financial Services Tet360-473-5323
Fax 360-473-5200
345 Sixth Street, Suite 600
Bremerton, WA98337
Date: September 28, 2005
To: Mayor Cary Bozeman
Bremerton City Council
From: Animal Control Review Committee
Re: Review ofBMC Title 7 - ANIMALS and Animal Control Issues
The Animal Control Review Committee convened on June 28th, July 14th and 28th, 2005 to
discuss proposed changes to Title 7 and to hear from the Kitsap Humane Society, the City's
contractor, regarding animal control issues. Members ofthe committee are:
Mike Short, Council Member Wendy Priest, Council Member
Suzanne Low, Exe Dir - KHS Rance McEntyre, AC Supervisor
Ken Bagwell, Asst City Attorney Capt Tom Wolfe, BPD
Doug Wakefield, Citizen Volunteer Laura Dooley, Citizen Volunteer
Cynthia Cruver, Citizen Volunteer Paula Johnston, City Clerk
TITLE 7 - ANIMALS - SYNOPSIS OF PROPOSED CHANGES -
1. Clarify Title 7 by splitting list of misdemeanors found in current BMC 7.14 and placing
them in relevant portions of Title 7. For example, current BMC 7.14.010(a)(1), making it
a misdemeanor to remove a license tag, will now be found in BMC 7.08, the Licenses
and Licensing Requirements chapter of Title 7.
2. Replace current BMC 7.14.010 (a)(12)(i)-(iv), Cruelty to animals, by adopting RCW
16.52.207, Animal Cruelty.
3. The infractions found in current BMC 7.14 have been moved to BMC 7.15 to allow for
BMC 7.14 to be devoted entirely to Animal Cruelty.
4. The infraction found in 7.14.030(0), Failure to Provide Adequate Care, has been removed
as the new- Animal Cruelty ordinance will allow for tougher penalties.
. Page 2 September 28, 2005
5. Current BMC 7. 14.01O(a)(9) has been placed in a new chapter BMC 7.05 titled
Prohibited Animals.
6. A new chapter, BMC 7.16, has been added to include miscellaneous provisions.
POLICY DISCUSSION - TETHERING OF DOGS -
As Ken Bagwell outlined the above proposed changes to Title 7, the Committee had extensive
discussion on how best to answer the issue of tethering dogs in confined outdoor spaces for long
periods oftime. It was detenninedthat the proposed changes to the Animal Cruelty laws would
be sufficient to cover enforcement capability for Animal Control to address and cure abusive
elements of confmement.
SENIOR DISCOUNT FOR LICENSING -
The Committee is recommending that the City commence offering seniors, 65 years and older, a
discounted animal license fee for dogs/cats as a one-time charge of$12.50 for a permanent
license for a specific pet upon proof of altering. It was also recommended that the City consider
adjusting their license fee schedule to match the rates with Kitsap County. Currently, the annual
fees are as follows:
City County
Altered Cats $ 7.50 $ 7.50
Altered Dogs 12.00 12.50
Unaltered Cats 36.00 37.50
Unaltered Dogs 36.00 37.50
Proposed Senior
Permanent Dog/Cat 12.50 12.50
Over the past three years, the Humane Society has issued approximately 1,000 senior licenses
which is under 2% of the license population for the County. Bremerton could expect selling
around 200-300 senior discounted licenses per year which is approximately 10% of our license
base and would translate into a $2000 - 3,000 annual decrease in license revenue.
COMPLAINT PROCESS FOR BARKING DOGS -
It was determined that Title 7 effectively addressed the issue of barking dogs and how to proceed
with a complaint; however, the Committee felt that Animal Control Enforcement could be better
trained in communicating the process with prospective complainants. The Humane Society
pledged to make sure complaints were well documented and follow-through with the barking
dog owner was executed effectively.
REPORT FROM THE KITSAP HUMANE SOCIETY -
Suzanne Low, Executive Director, shared statistics of enforcement activity for 2004 and 2005.
While patrol hours remain about the same at approximately 1500 hours per year, citizen contacts
and complaints have declined by about one-third. The Humane Society has grown license fee
revenue for the City by approximately $3,200 per year for the past two license years.
-- --------
. Page 3 September 28, 2005
Suzanne shared plans regarding capital expansion of the Humane Society building complex and
van replacements. The Humane Society and City staff will be negotiating elements for the 2006
contract regarding the fee schedule and scope of services that will be presented to the City
Council in conjunction with the budget process.
And, finally, Suzanne led a discussion on resolving Animal Control's continued challenge to
better receive call-outs generated from CENCOM dispatch. Committee members offered to help
resolve these concerns by facilitating a meeting with CENCOM's executive director and board.
BROCHURE-
The Committee recommends distributing a citywide brochure to residents explaining the changes
in state and local animal cruelty law and, thereby, reinforcing community standards for
responsible pet ownership.
CONCLUSION -
The Committee endorses the proposed changes to BMC Title 7 - ANIMALS and views the
operations of the Kitsap Humane Society effective and adequate as the City ofBremerton's
animal control contractor.
~-------
ORDINANCE NO. ~
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Title 7 of the Bremerton
Municipal Code relating to Animals.
WHEREAS, the City Council desires to update the provisions of Title 7 in order
to clarify the City of Bremerton' s position regarding the treatment of animals and to make the
City of Bremerton's Animal Cruelty provisions consistent with other local jurisdictions, making
enforcement easier and the penalties for improper treatment of animals consistent with the City
of Bremerton's position that animals deserve to be treated humanely; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 7 of the Bremerton Municipal Code entitled "Animals" is
hereby amended to read as follows:
TITLE 7
ANIMALS
Chapter 7.04
GENERALLY
7.04.010 DECLARATION.
The ordinance codified in this title is enacted to enhance the public health, safety, welfare
and convenience through the regulation of animal behavior to the end that offensive animal
behavior will be reduced or eliminated. Furthermore, this title contains standards for the use, care
and treatment of animals to the end that cruelty to animals will be reduced or eliminated.
7.04.020 DEFINITIONS.
The terms defined below have the meanings that follow unless the context in which they
are used clearly indicates a different meaning:
(a) "Adequate food and water" means food or feed appropriate to the species for
which it is intended. Both food and water must be in sufficient quantity and quality to sustain the
animal, and should be in containers designed and situated to allow the animal easy access.
(b) "Adequate shelter" means a structure that is moisture- and wind-proof, allows the
animal to turn around freely, sit, stand and lie without restriction, keeps the animal clean and dry,
and by application does not cause the animal injury, disfigurement, or physical impairment.
(c) "Adult cat" means a cat more than six months of age.
(d) "Adult dog" means a dog more than six months of age.
(e) "Animal control authority" means the Bremerton Police Department, Kitsap
Animal Control, Kitsap Humane Society, or other organization contracted by the City of
Bremerton to enforce the City's animal control provisions.
1
Title 7 - Animals
2005 Amendment
(f) "Animal welfare facility" means any indoor or outdoor facility where pets are
routinely housed or maintained by or for an animal welfare organization.
(g) "Animal welfare organization" means any public or private organization
registered with the Washington Secretary of State's Office as a not-for-profit organization,
whether called a kennel, cattery, shelter, society, or rescue, and includes the organization's
officers, agents, and representatives when acting in the name or on behalf of the organization that
controls, rescues, shelters, cares for, or disposes of pets as all or part of the purpose of the
organization.
(h) "At large" means an animal that is off the premises of the owner and not under
physical restraint adequate for its size and nature or is sufficiently near its owner to be under its
owner's direct control and is obedient to its owner's commands, except that all dogs must be
leashed when off the premises of the owner.
(i) "Commercial pet facility" means any place or entity where pets are boarded or
bred for the primary purpose of compensation, or where pets are housed for resale, such as pet
shops, but not including a veterinary hospital where boarding is incidental to treatment.
U) "Dangerous Animal" means any pet or livestock that:
(1) Inflicts severe injury on a human being without provocation on public or
private property;
(2) Kills a domestic animal without provocation while the attacking animal is
off the owner's property; or
(3) Has been previously found to be potentially dangerous, because of injury
inflicted on a human, the owner having received notice of such and the Animal again
aggressively bites, attacks, or endangers the safety of humans, pets, or livestock.
(k) "Feral cat" means any cat that has no apparent owner or identification and is
apparently wild, untamed, unsocialized, unmanageable, and unable to be approached or handled.
(1) "Grooming parlor" means any place or entity, public or private, stationary or
mobile, where pets are bathed, clipped, or combed for the purpose of enhancing their aesthetic
value and for which a fee is charged.
(m) "Hearing examiner" means the Municipal Hearings Examiner established under
BMC 2.62.
(n) "Hybrid(s)" means the offspring of two animals of different species, such as the
offspring resulting from breeding a domesticated dog (Canis familiaris) with a wolf (Canis
lupus).
(0) "Impoundment" means when an animal is placed under the control or custody of
the animal control authority.
(p) "Juvenile cat" means a cat seven weeks to six months of age.
(q) "Juvenile dog" means a dog seven weeks to six months of age.
(r) "Livestock" means animals including, but not limited to, all equine (horse, mule),
bovine (cattle), porcine (swine), caprine (goats), ovine (sheep), camelid (camel, llama, alpaca),
ratitae (ostrich, emu, rhea), domesticated poultry, game birds and waterfowl (as authorized by
the State of Washington), or federally-permitted fowl and other pen raised fowl, or other animals
raised primarily for use as food or fiber for human utilization or consumption.
(s) "Owner" means any person or entity which controls, maintains, possesses, has
custody of, or otherwise provides care, shelter, protection, restraint, refuge, food, or nourishment
in such a manner as to control an animal's activities.
2
Title 7 -Animals
2005 Amendment
(t) "Pet" means any animal maintained by a person or entity for the primary purpose
of personal enjoyment, exhibition, companionship or service including, but not limited to,
domesticated animals, such as cats and dogs, and non-domesticated animals suitable to living in
companionship with humans, such as some birds and mammals.
(u) "Pet shop" means a commercial establishment that acquires pets for the purpose
of resale.
(v) "Potentially dangerous animal" means any animal that when unprovoked:
(1) Inflicts a bite(s) on a human, pet, or livestock either on public or private
property;
(2) Chases or approaches a person upon the streets, side-walks, or any other
public grounds or private property in a menacing fashion or apparent attitude of attack; or any
animal;
(3) With a known propensity, tendency, or disposition to attack unprovoked,
or to cause injury or otherwise threaten the safety of humans, pets, or livestock on any public or
private property.
(w) "Provoke" means to intentionally agitate, harass, or excite an animal.
(x) "Service dogs" means any guide or signal dog individually trained to provide
assistance to an individual with a disability or that serves public or tribal law enforcement, as
well as any dog enrolled in a recognized formal training program for those types of services.
(y) "Severe injury" means any physical injury that results in broken bones or
disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(z) "Wheeled vehicle" means any wheeled conveyance intended for use as a means of
transport of persons or goods.
7.04.030 AUTHORITY TO ANIMAL CONTROL AUTHORITY.
(a) The City grants to the animal control authority the authority within RCW
Chapters 16.08, 16.10 and 16.52, and further vests in the animal control authority the primary
responsibility for animal control and for securing compliance with this title.
(b) Employees of the animal control authority over the age of twenty-one, who are
commissioned as Washington Humane Officers by the Superior Court, may be commissioned as
special officers by the Police Chief. When so commissioned, the officer shall thereby be charged
with the enforcement of all ordinances, statutes and regulations relating to the care, treatment,
control, impoundment, and licensing of animals. Such commissions may be issued and revoked
in the discretion of the Police Chief.
7.04.040 ANIMAL CONTROL ZONE ESTABLISHED.
All of the area within the city limits of Bremerton is declared to be a single animal
control zone.
7.04.050 CONSTRUCTION.
This title 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.
3
Title 7 - Animals
2005 Amendment
Chapter 7.05
PROHIBITED ANIMALS
7.05.010 PROHIBITED ANIMALS.
(a) Possession of any creature that is venomous, poisonous, or wild is prohibited.
(b) Prohibited animals include, but are not limited to, lions, tigers, bears, monkeys,
chimpanzees, gorillas, cougars, mountain lions, badgers, wolves, hybrids. coyotes, fox, lynx,
alligators, caiman, crocodiles, or any venomous/poisonous creature; provided, that circuses. zoos.
licensed trappers and animal welfare organizations are exempt from this regulation if proper
safeguards are taken. as required in the event permitting process, to protect the public and that
the animal control authority is notified of their arrival and duration of stay in the city; provided
further. that State registered wildlife rehabilitation centers are exempt from this section with
regard to care and rehabilitation of those wild animals that are indigenous to North America.
(c) Snakes over seven (7) feet in length are prohibited.
(d) Livestock is prohibited inside the Bremerton city limits; provided. that this
provision shall not apply to individuals in the process oftransporting livestock through the Ci1y
when such entry into the City is of minimal duration and the livestock are properly secured for
transport in a cage or other suitable enclosure.
7.05.020 UNLAWFUL - VIOLATIONS AND PENAL TIES.
(a) It shall be unlawful:
(1) For any person to possess or maintain any prohibited animals subiect to
the provisions of this chapter.
(b) Any violation ofthis chapter as set forth in BMC 7.05.020 shall constitute a
misdemeanor pursuant to BMC 1.12.020(2). Further, any person, firm or corporation violating
the provisions of this chapter shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation ofBMC 7.05.02 is committed, continued or
permitted.
Chapter 7.08
LICENSES AND LICENSING REQUIREMENTS
7.08.010 CAT AND DOG LICENSES.
(a) Annual license. All dogs and cats shall be licensed annually or within thirty
calendar days from the date the owrier acquires the animal or takes up residence in the City of
Bremerton.
(b) License expiration. Cat and dog licenses shall expire one calendar year from the
date of issuance.
(c) Cat and dog license fee. License fees are set pursuant to BMC 3.01.050.
(d) Additional license fee. Licenses not renewed by the designated renewal date shall
be assessed an additional license fee of $1 0.00; provided, there shall be no additional license fee
where:
(1) The applicant has owned the cat or dog for less than thirty calendar days;
or
(2) The applicant has resided in the city for less than thirty calendar days.
I (e) Exemptions from license fees. The following are exempt from license fees:
4
Title 7 - Animals
2005 Amendment
(1) Cats and dogs in the temporary custody of a veterinarian or animal welfare
organization whose owners are unknown;
(2) Cats and dogs owned, and available for retail sale, by the owner or
operator of a licensed commercial pet facility; or
(3) Service dogs.
(f) Maximum number of household pets. Not more than the accumulative total of
four (4) of the following animals may be kept in conjunction with each permitted dwelling:
(1) Dogs, cats and ferrets over the age of six (6) months.
(2) Rabbits and similar animals over the age of three (3) months.
(3) Pigeons over the age of three (3) months.
7.08.020 CAT AND DOG LICENSE PROCEDURE.
(a) Issuance of licenses. The City Treasurer, animal control authority, or the
authorized agents thereof shall issue licenses pursuant to Sections 7.08.01 0, as specified in this
section.
(b) Contents of license. The license shall contain the following:
(1) Date of issuance and date of expiration;
(2) A serial number;
(3) Type of animal, its name, age, color(s), sex, breed/mix, distinguishing
1haracteristics, and whether the animal is spayed or neutered;
(4) The name, address, and telephone number of the owner ofthe animal;
(5) Permanent identification number or marking, such as microchip implant, if
applicable.
(c) License tag.
(1) With each license, the owner shall receive a license tag that shall contain
the serial number that corresponds to the serial number on the license and the date of license
expiration.
(2) The license tag shall be worn at all times except that ::flhe license tag need
not be worn by the licensed cat or dog in a hunt or sanctioned cat or dog show or while engaged
in formal, recognized training. A microchip implant may replace a license tag, provided that the
license is renewed annually and the annual license fee is paid.
(d) Transferability of licenses. Licenses are not transferable from one cat or dog to
another, but may be transferred from an original owner to a new owner; provided, that the new
owner records the transfer with the licensing agent within fourteen calendar days, pays a transfer
charge as provided for in BMC 3.01.050, and assumes responsibility for all future license fees
while maintaining ownership ofthe cat o~ dog.
(e) Lost tags. Lost license tags may be replaced by a substitute license or tag upon
application to the City Treasurer, the animal control authority, or their authorized agents thereof
and payment of a replacement charge, as provided for in BMC 3.01.050.
7.08.030 COMMERCIAL PET FACILITIES, GROOMING PARLORS AND
ANIMAL WELFARE FACILITIES.
(a) License required. Commercial pet facilities, grooming parlors, and animal welfare
facilities shall be licensed pursuant to BMC 3.01, BMC 5.03 and BMC 5.04.
(b) Operation requirements for commercial pet facilities and animal welfare facilities:
5
Title 7 -Animals
2005 Amendment
(1) Adequate food and water for each species, pursuant to Section 7.04.020(a),
and proper habitat and medical attention, if needed, shall be provided during normal business
hours and when the facilities are not open for business;
(2) Food shall be stored in a fashion that prevents contamination or infestation;
(3) The facilities shall be maintained and operated in a healthful and sanitary
manner, free from disease, infestation, and foul odors;
(4) Sick animals shall be isolated from healthy ones in quarters adequately
ventilated to prevent contamination of healthy animals;
(5) Sick or injured animals shall receive appropriate medical treatment by or
under the auspices of a licensed veterinarian. Records shall be maintained reflecting treatment,
care, dates of veterinary visits, and the name of the veterinarian and veterinary clinic providing
treatment. Sick or injured animals shall not be sold, bartered, or otherwise transferred from a
commercial pet facility or animal welfare facility to a new owner until the illness or injury is
substantially healed, unless such transfer is to an animal welfare organization that assumed all
responsibility for providing the appropriate medical treatment;
(6) Cats and dogs shall receive age-appropriate vaccines and anthelmintics.
Records of such shall be maintained for each animal and made available to the animal control
authority and the Bremerton-Kitsap County Health District, including the name and address of
the attending veterinarian, if applicable;
(7) A copy of all medical records including, but not limited to, the records
described in subsections (5) and (6) shall be provided to new owners at the time the ownership of
the animal is transferred, or to the animal control authority upon request.
(c) Facility and individual housing and habitat requirements for commercial pet
facilities and animal welfare facilities:
(1) Indoor and outdoor animal housing facilities shall be in good repair,
protect the animals from injury, and shall provide sufficient security to contain the animals while
preventing entry by unwanted animals. Also, the habitat shall provide species-specific
requirements including, but not limited to, temperature, humidity, and light.
(2) Indoor facilities shall:
(i) Provide the animal with adequate space for movement and ability
to sit, lie, stand, and stretch without touching the sides or top of housing;
(ii) Be heated or cooled to protect the animals from temperatures to
which they are not acclimated;
(iii) Be adequately ventilated;
(iv) Have interior walls, ceilings, and floors that are sealed and are
resistant to absorption of moisture or odors;
(v) Have flooring with a surface that can be sanitized and treated to
minimize growth of harmful bacteria;
(vi) Have a waste collection and removal system that facilitates
cleaning and permits maintaining the facility in a sanitary condition; and
(vii) Have available a washroom with sink for hot and cold running water.
(3) Outdoor facilities shall:
(i) Provide adequate shelter and protection from adverse weather;
(ii) Provide sufficient room for adequate exercise and movement; and
(iii) When no indoor facility is available, outdoor facilities shall also:
6
Title 7 -Animals
2005 Amendment
(iv) Have flooring with a surface that can be sanitized and treated to
minimize growth of harmful bacteria;
(v) Have a waste collection and removal system that facilitates
cleaning and permits maintaining the facility in a sanitary condition; and
(vi) Have available a washroom with sink for hot and cold running
water.
(d) Operation and facility requirements for grooming parlors. Grooming parlors shall:
(1) Notboard animals;
(2) Provide restraining straps for animals to prevent injury while being
groomed;
(3) Sterilize grooming equipment after each use;
(4) Not leave animals unattended when placed before a dryer;
(5) Not prescribe or administer treatment or medicine or otherwise engage in
veterinary practice as defined in RCW 18.92.010;
(6) Not confine more than one animal in the same cage unless so requested by
the owner of the animals;
(7) Be structurally sound and in good repair, designed to protect the animals
from injury, and provide sufficient security to contain the animals while preventing entry by
unwanted animals;
(8) Have grooming and animal containment areas with walls, ceilings and
floors that are sealed and resistant to absorption of moisture and odors; and
(9) Be cleaned and sanitized on a regular basis.
(e) Inspections. The animal control authority shall inspect existing or proposed
commercial pet facilities, animal welfare facilities, and grooming parlors in connection with its
licensing investigation and when inspections are necessary to ensure compliance with this title.
Such inspections shall be made during regular business hours.
7.08.040 UN LA WFUL - VIOLATIONS AND PENALTIES
(a) It shall be unlawful:
(1) For a person other than the owner, Keeper, or other authorized person to
remove the license tag from an animal required or permitted to be licensed pursuant to this
chapter;
(2) To operate a commercial pet facility, animal welfare facility, or grooming
parlor without a valid license:
(3) To operate a commercial pet facility, animal welfare facility, or grooming
parlor in a fashion contrary to that required by BMC 7.08.030.
(b) Any violation ofthis chapter as set forth in BMC 7.08.040 shall constitute a
misdemeanor pursuant to BMC 1.12.020(2). Further, any person, firm or corporation violating
the provisions of this chapter shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation ofBMC 7.08.040 is committed, continued or
permitted.
7
Title 7 - Animals
2005 Amendment
Chapter 7.10
IMPOUNDMENT AND QUARANTINE
7.10.010 IMPOUNDING, REDEMPTION, AND DISPOSITION OF PETS AND/OR
LIVESTOCK.
(a) Impounding pets and/or livestock. Pets and/or livestock may be impounded in the
following situations:
(1) When the animal is at large;
(2) When the animal has been subjected to cruel treatment as defined by RCW
Chapter 16.52;
(3) When the animal has injured or bitten a person or other animal, and/or
where the animal poses a threat to people or other animals;
(4) When the animal is found in violation of any restrictions imposed by a
court, animal control authority or hearing examiner, relating to potentially dangerous animals; or
to Section 7.12.030 relating to Dangerous animals.
(5) When the animal is found in violation of Section 7.15.01 O( c) pertaining to
animal noise, after two written warnings to the owner within a calendar year;
(6) When the animal is found within the City limits and has previously been
declared to be a dangerous animal by a court, animal control authority or hearing examiner.
(b) Place and manner of impoundment. Pets and livestock shall be impounded in the
place and manner designated by the animal control authority.
(c) Authority to pursue. Animal control authority employees may pursue pets or
livestock running at large onto City-owned property, vacant property and unenclosed private
property to seize, remove, and impound such animals. This shall not restrict the animal control
authority to pursuelimpound an animal pursuant to RCW Chapter 16.52.
(d) Notice to owner. Forthwith following impoundment, the animal control authority
shall notify the owner of the animal of its impoundment; provided, if the owner of the animal is
unknown, the animal control authority shall make reasonable efforts to notify the owner of the
impoundment.
(e) Redemption of impounded animals.
(1) Pets may be redeemed upon payment of an impound fee, a boarding fee,
and any appropriate license fees. All fees shall be charged per animal handled by the animal
control authority.
(i) The impound fee is $25.00, which amount shall double with each
offense. For example: $25.00, first offense; $50.00, second offense; $100.00, third offense.
(ii) The boarding fee shall be $15.00 per day.
(2) Livestock may be redeemed upon payment of an impound fee, a boarding
fee, and, if impounding requires special transportation, a special transportation fee. All fees shall
be charged per animal handled by the animal control authority.
(i) The impound fee is $50.00, which amount shall double with each
offense. For example: $50.00, first offense; $100.00, second offense; $200.00, third offense.
(ii) The boarding fee is $20.00 per day.
(iii) The special transportation fee is $75.00 per trip.
(f) Disposition of impounded animals not redeemed.
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(1) When a pet is not redeemed, no sooner than ninety-six hours following
impoundment, the animal control authority may give or adopt the animal to an animal welfare
organization or qualified person, or euthanize the animal.
(2) When livestock is not redeemed, no sooner than seventy-two hours
following impoundment, the animal control authority may give or adopt the animal to an animal
welfare organization or qualified person, or may commence to auction the animal to the highest
bidder that can provide the animal with a suitable environment, or euthanize the animal. Notice
of the auction and a description of the livestock to be auctioned shall be published at least seven
calendar days prior to the sale in the official City newspaper. Such notice shall also be mailed to
the owner ofthe livestock, ifknown.
(3) When a feral cat is not redeemed, no .sooner than twenty-four hours
following impoundment, the animal control authority may give or adopt the animal to an animal
welfare organization or qualified person, or euthanize the animal.
(g) Disposition of sick or injured impounded animals. Sick or injured impounded
animals may be euthanized in accordance with RCW 16.52.210.
7.10.020 QUARANTINE.
A pet or livestock that bites and breaks the skin of any person may be impounded by the
animal control authority and, if impounded, shall be quarantined for ten calendar days to
determine if the animal is infected with a disease. The place of quarantine shall be established by
the animal control authority. The animal control authority may, in its discretion, allow the owner
of the animal to maintain the quarantine. Any boarding fees incurred during the quarantine shall
be paid by the owner of the animal. During.the quarantine, the animal shall not have contact or
access to any person or any other pet or livestock other than with the owner of the animal or
animal control authority employees.
7.10.030 UNLAWFUL - VIOLATIONS AND PENALTIES
(a) It shall be unlawful:
(1) For an owner or keeper to sell an animal knowing it to be ill or iniured
without first disclosing such knowledge to buyer;
(2) For an owner or keeper to refuse to quarantine or permit the quarantine of
an animal when and as required by BMC 7.10.020;
(3) For any person to prevent. obstruct or hinder the impoundment of an
animal pursuant to BMC 7.10.010.
(b) Any violation of this chapter as set forth in BMC 7.10.030 shall constitute a
misdemeanor pursuant to BMC 1.12.020(2). Further. any person. firm or corporation violating
the provisions of this chapter shall be deemed guilty of a separate offense for each and every day
or portion thereof during which any violation of BMC 7.10.030 is committed. continued or
permitted.
Chapter 7.12
DANGEROUS ANIMALS
7.12.010 POTENTIALLY DANGEROUS ANIMALS.
(a) Declaration of an Animal as Potentially Dangerous. The animal control authority
shall have the authority to declare and restrict an animal potentially dangerous, if the animal
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control authority has probable cause to believe that the animal falls within the definitions set
forth in BMC 7.04.020(v). The declaration must be based upon:
(1) The written complaint of a citizen who is willing to testify that the animal
has acted in a manner which causes it to fall within the definition ofBMC 7.04.020(v);
(2) Animal bite reports filed with the animal control authority;
(3) Actions of the animal witnessed by any employee of the animal control
authority or law enforcement officer; or
(4) Other substantial evidence.
(b) Exclusions. An animal shall not be declared potentially dangerous ifthe animal
control authority determines, by a preponderance of the evidence, that the threat, injury, or bite
alleged to have been committed by the animal was sustained by a person who was at the time
committing a willful trespass or other tort upon the premises occupied by the owner ofthe
animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past
observed or reported to have tormented, abused, or assaulted the animal, or who was committing
or attempting to commit a crime.
(c) Restrictions. The animal control authority may impose any or all ofthe following
restrictions on an animal to protect the public safety or other animals:
(1) Training. The animal control authority may require the owner of the
potentially dangerous animal and the animal to attend, complete; and pay all costs associated
with an accredited obedience/training class or seminar. The animal control authority shall pre-
approve any choice of class by the owner of the animal, and proof of satisfactory completion of
such training shall be provided to the animal control authority upon completion, even if such
type of training has been completed by the animal in the past.
(2) Restraint. The animal control authority may require the owner of the
potentially dangerous animal to muzzle, leash, collar, confine, lock, isolate, or remove the animal
from the City, or any combination of the foregoing.
(3) Indemnification. The animal control authority may require the owner of
the potentially dangerous animal to prove purchase ofliability insurance or bond and renewals in
the amount of fifty thousand dollars ($50,000.00) or more, as set by the animal control authority.
The insurer/bond issuer must be qualified under RCW Title 48 and must provide coverage/funds
to offset any injuries inflicted by the potentially dangerous animal. All costs associated with the
insurance/bond must be paid by the insured.
(4) Warning. The animal control authority may require the owner of a
potentially dangerous animal to post all entrances to any property where such animal is located
with such visible warning sign(s) as the animal control authority deems necessary.
(5) Financial Responsibility. The animal control authority may require the
owner of a potentially dangerous animal to pay any costs associated with enforcement of this
section including, but not limited to, those stated above.
(d) Prohibited Ownership. No person(s) under the age(s) of eighteen (18) years old
shall own a potentially dangerous animal, as defined in BMC 7.04.020(v).
(e) Notice of Animal Control Authority Declaration. Ifthe animal control authority
receives a report of a potentially dangerous animal, it shall immediately initiate an investigation
including, but not limited to, interviewing the complainant(s), interviewing the owner ofthe
animal, ifknown, and observing the animal. Upon completion of its investigation, if the animal
is declared potentially dangerous, the animal control authority shall prepare a written declaration.
The declaration shall include, but is not limited to, a description of the animal, the name and
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- -------- --
--------------------------
address of the owner of the animal, ifknown, a brief summary of the facts upon which the
declaration is based, a statement of any restrictions placed on the animal or owner as a
consequence ofthe declaration, a statement ofthe penalties for further violations, and notice of
the right to appeal the declaration.
(f) Service of Notice of Declaration. The animal control authority shall personally
serve or send by certified mail its declaration to the owner of the animal. If the owner is
unknown, the animal control authority shall make reasonable efforts to notify the owner of its
written declaration.
(g) Appeal to the Municipal Court Hearing Examiner. The owner of an animal
declared potentially dangerous shall have seven (7) calendar days from receipt of the written
declaration to appeal the declaration to the municipal court hearing examiner pursuant to BMC
2.62.045. Unless otherwise agreed to by the animal owner, the appeal hearing must be scheduled
to be heard within twenty-one (21) calendar days from the City's receipt of the notice of appeal.
The municipal court hearing examiner shall provide written notice of the hearing date and time
to the owner ofthe potentially dangerous animal and to the animal control authority. Such notice
must be provided at least seven (7) calendar days prior to the scheduled hearing.
(h) Hearing before the Municipal Court Hearing Examiner. At the appeal hearing
before the municipal court hearing examiner, the animal control.authority shall have the burden
of proving that the animal is potentially dangerous by a preponderance of the evidence. The
owner of the animal may present evidence in defense of the animal. The municipal court hearing
examiner shall weigh the evidence presented by both the animal control authority and the owner
(if applicable), and shall issue a written decision to the appealing animal owner and animal
control authority that either sustains or reverses the animal control authority's declaration.
(i) Change of Ownership, Custody, and/or Residence. Owners of an animal that has
been declared potentially dangerous who sell, barter, or otherwise transfer the ownership,
custody, or residence of the animal shall, within fourteen (14) calendar days ofthe change,
inform the animal control authority in writing of the name, address, and telephone number of the
new owner, and/or the address of the new residence where the animal is located. Such notice
shall also include the name, description, and license number of the animal. In the event the
ownership and/or custody of the animal changes, the owner shall notify the new owner in writing
of the details of the animal's record relating to being declared potentially dangerous and the
terms and conditions of the declaration. The owner shall also provide the animal control
authority with a copy of the written notification that shall contain a notarized statement by the
- new owner acknowledging receipt of the original notification.
(j) Failure to Abide by Restraints. Failure on the part ofthe owner(s) of a potentially
dangerous animal to abide by the restraints placed upon the owner( s) or their animal by the
animal control authority, municipal court hearing examiner, district court, or superior court may
result in impoundment of the potentially dangerous animal by the animal control authority as
well as further punitive action pursuant to BMC 7.12.020.
7.12.020 FAILURE TO CONTROL AN ANIMAL DECLARED POTENTIALLY
DANGEROUS.
(a) Misdemeanor. When an animal has been previously declared potentially
dangerous, by a court, animal control authority or municipal court hearing examiner, the owner
of the potentially dangerous animal shall be guilty of a misdemeanor pursuant to BMC
1.12.020(2) if such animal is thereafter found:
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Title 7 - Animals
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(1) At large;
(2) To have, when unprovoked, inflicted a bite(s) upon a human, pet, or
livestock either on public or private property;
(3) To have chased or approached a person upon the streets, sidewalks, or any
other public grounds in such a manner as to significantly threaten the safety of humans, pets, or
livestock; or
(4) To have caused injury to or otherwise threatened the safety of humans,
pets, or livestock. This section shall not preclude immediate criminal prosecution under RCW
16.08.100 in a first bite situation causing severe injury or death of any human.
(b) Impoundment of Potentially Dangerous Animals. In the event that a potentially
dangerous animal is impounded due to the owner's failure to abide by the restraints imposed by
the animal control authority, municipal court hearing examiner, district court, superior court or
municipal court, the animal shall be forfeited to the animal control authority unless the owner of
the animal makes a written request for a hearing before the municipal court hearing examiner in
the same manner as an appeal pursuant to BMC 2.62.045 within seven (7) calendar days of the
date the notice of impound was provided. If a hearing is requested, the hearing must be
scheduled to be heard within twenty-one (21) calendar days from the City's receipt of the request
for a hearing, unless otherwise agreed to by the animal owner. The municipal court hearing
examiner shall determine whether it is in the best interest of thetommunity that the animal
should be returned to the owner, forfeited by the owner to the animal control authority, or
euthanized by the animal control authority. The municipal court hearing examiner shall provide
written notice of the hearing date and time to the owner of the animal and to the animal control
authority. Such notice must be provided at least seven (7) calendar days prior to the scheduled
hearing.
7.12.030 DANGEROUS ANIMALS.
(a) Declaration of an Animal as Dangerous. The animal control authority shall have
the authority to declare an animal as dangerous, if the animal control authority has probable
cause to believe that the animal falls within the definitions set forth in BMC 7.04.020(j). The
declaration must be based upon:
(1) The written complaint of a citizen who is willing to testify that the animal
has acted in a manner which causes it to fall within the definition ofBMC 7.04.020(j);
(2) Animal bite reports filed with the animal control authority;
(3) Actions of the animal witnessed by any employee of the animal control
- authority or law enforcement officer; or
(4) Other substantial evidence.
(b) Exclusions. An animal shall not be declared dangerous if the animal control
authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged
to have been committed by the animal was sustained by a person who was at the time
committing a willful trespass or other tort upon the premises occupied by the owner ofthe
animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past
observed or reported to have tormented, abused, or assaulted the animal, or who was committing
or attempting to commit a crime.
(c) Possession Unlawful. It shall be unlawful to possess an animal, inside the City
limits ofBremerton, that has been declared to be dangerous by any agency, animal control
12
Title 7 - Animals
2005 Amendment
authority, municipality or court. This prohibition on possession does not apply to the animal
control authority or police department. It is a gross misdemeanor to violate this provision.
(d) Euthanasia. If the animal control authority determines that the restrictions placed
on the ownership of dangerous dogs/animals by Chapter 16.08 RCW or other applicable State
statutes are insufficient to protect the public from a particular animal declared dangerous, the
animal control authority may order the animal euthanized.
(e) Notice of Animal Control Authority Declaration. If the animal control authority
receives a report of a dangerous animal, it shall immediately initiate an investigation including,
but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if
known, and observing the animal. Upon completion of its investigation, if the animal is declared
dangerous, the animal control authority shall prepare a written declaration. The declaration shall
include, but is not limited to, a description ofthe animal, the name and address ofthe owner of
the animal, if known, a brief summary of the facts upon which the declaration is based, a
statement of any restrictions placed on the animal or owner as a consequence of the declaration,
a statement ofthe penalties for further violations, and notice of the right to appeal the declaration.
(f) Service of Notice of Declaration. The animal control authority shall personally
serve or send by certified mail its declaration to the owner of the animal. If the owner is
unknown, the animal control authority shall make reasonable efforts to notify the owner of its
written declaration.
(g) Appeal to the Municipal Court Hearing Examiner. The owner of an animal
declared dangerous shall have seven (7) calendar days, from receipt of the written declaration, to
appeal the declaration of the animal control authority to the municipal court hearing examiner
pursuant to BMC 2.62.045. Unless otherwise agreed to by the animal owner, the appeal hearing
must be scheduled to be heard within twenty-one (21) calendar days from the City's receipt of
the notice of appeal. The municipal court hearing examiner shall provide written notice of the
hearing date and time to the owner ofthe animal and the animal control authority.
(h) Hearing before the Municipal Court Hearing Examiner. At the appeal hearing
before the municipal court hearing examiner, the animal control authority shall have the burden
of proving that the animal is dangerous by a preponderance of the evidence. The owner of the
animal may present evidence in defense of the animal. The municipal court hearing examiner
shall weigh the evidence presented by both the animal control authority and the owner (if
applicable), and shall issue a written decision to the appealing animal owner and animal control
authority that either sustains or reverses the animal control authority's declaration. If the
- declaration is sustained or reversed by the municipal court hearing examiner, the appealing
animal owner or the animal control authority shall be notified of the right to appeal. If the
declaration is reversed and an appeal is not timely filed by the animal control authority, any
restrictions on the animal previously imposed shall be annulled.
(i) Change of Ownership, Custody, and/or Residence. Owners of an animal that has
been declared dangerous who sell, barter, or otherwise transfer the ownership, custody, or
residence ofthe animal shall, within fourteen (14) calendar days of the change, inform the
animal control authority in writing of the name, address, and telephone number of the new owner,
and/or the address of the new residence where the animal is located. Such notice shall also
include the name, description, and license number of the animal. In the event the ownership
and/or custody of the animal changes, the owner shall notify the new owner in writing of the
details of the animal's record relating to being declared dangerous and the terms and conditions
of the declaration. The owner shall also provide the animal control authority with a copy of the
13
Title 7 - Animals
2005 Amendment
------------
----
written notification that shall contain a notarized statement by the new owner acknowledging
receipt of the original notification.
7.12.040 POSSESSION OF AN ANIMAL DECLARED DANGEROUS.
(a) Gross Misdemeanor. When an animal has been previously declared dangerous, by
a court, animal control authority or municipal court hearing examiner, the owner of the
dangerous animal shall be guilty of a gross misdemeanor pursuant to BMC 1.12.020(1) if such
animal is thereafter found;
(1) In the owner's possession inside Bremerton City limits; or
(2) Inside City limits under circumstances evidencing that the animal was
intentionally brought into the City by the owner or at the request or acquiescence of the owner.
(b) Impoundment of Dangerous Animals. In the event that a dangerous animal is
impounded due to the animal being found within the Bremerton City limits, the animal shall be
forfeited to the animal control authority unless the owner of the animal makes a written request
for a hearing within seven (7) calendar days of the date the notice of impound was provided to
the owner of the animal. If a hearing is requested, the hearing must be scheduled to be heard
within twenty-one (21) calendar days from the day of the City's receipt of the request for a
hearing before the municipal court hearing examiner in the same manner as an appeal pursuant to
BMC 2.62.045 unless otherwise agreed to by the animal owner. The municipal court hearing
examiner shall determine whether it is in the best interest of the community that the animal
should be returned to the owner, forfeited by the owner to the animal control authority, or
euthanized by the animal control authority. The municipal court hearing examiner shall provide
written notice of the hearing date and time to the owner of the potentially dangerous animal and
to the animal control authority. Such notice must be provided at least seven (7) days prior to the
scheduled hearing.
Chapter 7.14
MISDEMEANOR, INFR1'..CTIONS AND PEN}'..LTIES. ANIMAL CRUELTY
7.14.010 MISDEME.^..NORS/GROSS M:ISDEMEANORS
(a) The follo'vving are declared to be misdemeanors:
(1) Removing license tag. For a person other than the O'Yvner, keeper or other authorized
person to remove the license tag from an animal required or permitted to be licensed
pursuant to this title;
(2) No valid license. To operate a commercial pet facility, animal welfare facility, or grooming
parlor ',vithout a yalid license;
(3) Regulatory violations. To operate a commercial pet facility, animal welfare facility, or
grooming parlor in a fashion contrary to that required by BMC 7.08.030;
(4) Failure to respond. To fail to respond to a notice of infraction issued pursuant to BMC
7.14.030;
(5) Abandonment of animal. For an owner or keeper to have an animal under circumstances
,>",hich manifest an intent to abandon it;
(6) Selling an ill or injured animal. For an o\vner or keeper to Gcll an animal knowing it to be
ill or injured \vithout first disclosing such Imo\vledge to buyer;
14
Title 7 - Animals
2005 Amendment
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15
Title 7 - Animals
2005 Amendment
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16
Title 7 - Animals
2005 Amendmcl1t
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those ",{ho can substantiate that such animal noise '.vas caused by an injury or illness of the
animal(s) or by willful trespass, torment, or abuse ofthe animal(s) on its property by others.
Enforcement may be undertaken only upon ',vritten receipt of a complaint made to either
the animal control authority or law enforcement by a person(s) residing at or who is employed in
an area affected by such public noise disturbance. Any such animal(s) shall be deemed a
nuisance and may be seized and impounded, pursuant to BMC 7.10.010(a), if the disturbance
reoccurs after the ovmer or custodian of such animal(s) has received t\\'o (2) '.vritten ',vamings
from either the animal control authority or la'll enforcement vii thin a calendar year;
(d) Damaging property. For the owner of a pet or livestock to suffer or permit the animal
to leave the premises of the owner and thereafter cause damage to any thing of value or any other
pet or livestock;
(e) Disturbing pedestrians. For the o\vner of a pet or livestock, when off the property of
the owner, to suffer or permit the animal to disturb people lawfully on public ways. For the
purpose of this section, "disturb" shall mean to chase or approach a person upon the streets,
sidev,.'alks, or any other public grounds or private property in a menacing fashion or apparent
attitude of attack;
(f) Chasing vehicles. For the owner of a pet or livestock to suffer or permit the animal to
chase or run at or after '/ehicles la'.vfully on public '.'lays;
(g) Reporting and releasing stray animals. For any person to fail to notify the animal
control authority that a stray pet or livestock is in the person's possession, or to refuse to release
such stray animal to the animal control authority upon demand;
(h) Releasing animaL For any person except the owner or other authorized person to
release any pet or }i>/estock from confinement;
(i) Excess number of animals. To o':m more than a total of four (4) household pets as
provided in BMC 7.08.010(f) at the same place or residence without a valid commercial pet
facility or animal '.velfare facility license;
(j) Failure to license. To fail to license a cat or dog as required by BMC 7.08.010(a);
(k) L\nimal bites. To o',.vn a pet or li'/estock that bites a person while such person is on
public property or la'Nfully on private property;
(1) .^..gitating an animal. To intentionally agitate, harass, or provoke a pet or livestock;
(m) Failing to notify animal control authority of change of ownership, custody, and/or
residence. For any ovmer of an animal that has been declared dangerous or potentially dangerous
to sell, barter, or otherwise transfer the oVlllership, custody, or residence of such an animal
without notifying the animal control authority \vithin fourteen (14) calendar days of the change
- as required by BMC 7.12.010(i) or to otherwise fail to comply with the requirement,s ofthat
section;
(n) Sale, barter, or other transfer of pets in public places prohibited. It is unlawful to sell,
barter, or otherwise transfer for the purpose of changing ovmership any pet in an area open to the
public, unless such activity is pursuant to BMC 7.08.030, or occurs at a sanctioned dog or cat
~
,
(0) Failure to provide adequate care. For any o'.vner of a pet or livestock to fail to:
(i) Provide adequate food and water for any pet or livestock, as defined in BMC
7.04.020(a);
Oi) Provide adequate shelter for any pot or livestock, as defined in BMC
7.04.020(b), except as may be appropriate for short term medical requirements or generally
accepted livestock husbandry practices such as s\vine farro'.:ving;
17
Title 7 - Animals
2005 Amendment
(iii) Provide appropriate habitat and medical care; or
(iv) Maintain facilities housing pets in a healthful, sanitary, and safe manner;
(p) Transporting a pet or livestock in the open bed of a pickup truck or other outside part
of a vehicle unless a suitable harness, cage, or enclosure is utilized and attached so as to protect
such animal from falling or being thrown from the vehicle, and would not by its design or
application cause injury to the animal;
(q) Pets chasing livestock. For the owner of a pet to permit that animal to harass or chase
another o'.vner's livestock, when not engaged in the specific work of herding approved by the
owner of the livestock;
(r) j\l1imal '.vaste. For the owner of a pet to fail to remove deposits of fecal material
originating from the owner' s animal from public or private property unless the o'v'lllcr of such
property has given permission for such material to be deposited. This shall not authorize such
deposits as are otherwise governed by public health regulations or other provisions of this code;
(s) Outdoor feeding. To feed or allow any domestic or 'Nild animals or birds to feed
outdoors at such times and in such numbers that feeding birds or animals create an unreasonable
disturbance or accumulation of droppings on surrounding properties, including public property;
(t) Ownership or possession by a person under the age of eighteen (18) years old of any
dangerous or potentially dangerous animal.
7.14.040 INFRACTION PENALTY.
The base penalty for any infraction specified in BMC 7.14.030 shall be seventy six
dollars ($76.00) for the first violation, one hundred forty two dollars ($142.00) for the second
infraction committed within one (1) calendar year, and one hundred ninety t\'IO dollars ($192.00)
for the third and subsequent infractions committed within one (1) calendar year. In addition to
the base penalty, a public safety and educational assessment and any other assessments required
by statute shall be imposed. Each and every day or portion thereof in \vhich an infraction is
committed shall constitute a separate and distinct infraction.
7.14.050 INFRi\CTION PROCEDURE.
Infractions under this title shall, insofar as possible, be charged and processed pursuant to
justice court traffic infraction rules as now or hereafter amended.
7.14.060 ENFORCEl\fENT BY CIVIL ACTION.
Any action or inaction by any animal or the owner or keeper thereof vo'hich is contrary to
the provisions of this title, regardless if such constitutes a crime or infraction hereunder, shall be,
and the same are declared to be unlawful and a public nuisance and compliance with this title
may be enforced by an action for abatement or injunction brought by an affected citizen or by the
prosecuting attorney.
7.14.010 ANIMAL CRUELTY
RCW 16.52.207 is adopted by reference as currently enacted and as herinafter amended
from time to time and shall be given the same force and effect as if set forth herein in full.
7.14.020 UNLAWFUL - VIOLATIONS AND PENALTIES
RCW 16.52.200 is adopted bv reference as currently enacted and as herinafter amended
from time to time and shall be given the same force and effect as if set forth herein in full.
18
Title 7 -Animals
2005 Amendment
Chapter 7.15
INFRACTIONS
7.15.010 INFRACTIONS.
The following are declared to be Class 1 civil infractions:
(a) Animal at large. For the owner of a pet or livestock to suffer or permit such
animal to leave the premises of the owner. unless the animal is under physical restraint adequate
to the size and nature of the animal or is sufficiently near its owner to be under its owner's direct
control and is obedient to its owner's commands. except that all dogs must be leashed when not
on the premises of the owner. Exceptions to this restriction are pets engaged in formal training.
hunt or competition. or service dogs engaged in an activity for which they are trained or in
servIce;
(b) Animal in heat. For the owner of a pet in heat to keep such an animal where it is
accessible to male animals unless such accessibility is for the purpose of planned breeding;
(c) Animal noise. For any person(s) to own any animal which by its barking. howling.
baying. squealing. crowing. crying. bleating. screeching. or making any other noise by its
volume or frequency unreasonably disturbs or interferes with the peace of any person( s) for more
than fifteen (15) minutes in anyone (1) hour period of any day:imd is documented by three (3)
or more separate episodes of such noise in a sequential seven (7) day period. The burden is upon
the owner of such animal(s) to maintain quiet. Exceptions to this subsection are commercial pet
facilities. animal welfare facilities. veterinary hospitals. or grooming parlors otherwise in
compliance with the Bremerton Municipal Code including. but not limited to. BMC 7.08.030. or
those who can substantiate that such animal noise was caused by an iniury or illness of the
animal(s) or by willful trespass. torment, or abuse of the animal(s) on its property by others.
Enforcement may be undertaken only upon written receipt of a complaint made to either
the animal control authority or law enforcement by a person( s) residing at or who is employed in
an area affected by such public noise disturbance. Any such animal(s) shall be deemed a
nuisance and may be seized and impounded. pursuant to BMC 7.10.010(a). if the disturbance
reoccurs after the owner or custodian of such animal(s) has received two (2) written warnings
from either the animal control authority or law enforcement within a calendar year;
(d) Damaging property. For the owner of a pet or livestock to suffer or permit the
animal to leave the premises of the owner and thereafter cause damage to any thing of value or
any other pet or livestock;
(e) Disturbing pedestrians. For the owner of a pet or livestock. when offthe property
of the owner. to suffer or permit the animal to disturb people lawfully on public ways. For the
purpose of this section. "disturb" shall mean to chase or approach a person upon the streets.
sidewalks. or any other public grounds or private property in a menacing fashion or apparent
attitude of attack;
(f) Chasing vehicles. For the owner of a pet or livestock to suffer or permit th~
animal to chase or run at or after vehicles lawfully on public ways;
(g) Reporting and releasing stray animals. For any person to fail to notify the animal
control authority that a stray pet or livestock is in the person's possession. or to refuse to release
such stray animal to the animal control authority upon demand;
(h) Releasing animal. For any person except the owner or other authorized person to
release any pet or livestock from confinement;
19
Title 7 - Animals
2005 Amendment
(i) Excess number of animals. To own more than a total of four (4) household pets as
provided in BMC 7.08.010(f) at the same place or residence without a valid commercial pet
facility or animal welfare facility license;
(i) Failure to license. To fail to license a cat or dog as required by BMC 7.08.010(a);
(k) Animal bites. To own a pet or livestock that bites a person while such person is on
public property or lawfully on private property;
(1) Agitating an animal. To intentionally agitate, harass. or provoke a pet or livestock;
(m) Failing to notify animal control authority of change of ownership. custody. and/or
residence. For any owner of an animal that has been declared dangerous or potentially dangerous
to sell. barter. or otherwise transfer the ownership, custody. or residence of such an animal
without notifying the animal control authority within fourteen (14) calendar days ofthe change
as required by BMC 7.12.01O(i) or to otherwise fail to comply with the requirements of that
section;
(n) Sale. barter, or other transfer of pets in public places prohibited. It is unlawful to
sell, barter. or otherwise transfer for the purpose of changing ownership any pet in an area open
to the public. unless such activity is pursuant to BMC 7.08.030, or occurs at a sanctioned dog or
cat show;
(0) Transporting a pet or livestock in the open bed of a pickup truck or other outside
part of a vehicle unless a suitable harness. cage. or enclosure is 'utilized and attached so as to
protect such animal from falling or being thrown from the vehicle. and would not by its design or
application cause iniury to the animal;
(p) Pets chasing livestock. For the owner of a pet to permit that animal to harass or
chase another owner's livestock. when not engaged in the specific work of herding approved by
the owner of the livestock;
(q) Animal waste. For the owner of a pet to fail to remove deposits of fecal material
originating from the owner's animal from public or private property unless the owner of such
property has given permission for such material to be deposited. This shall not authorize such
deposits as are otherwise governed by public health regulations or other provisions ofthis code;
(r) Outdoor feeding. To feed or allow any domestic or wild animals or birds to feed
outdoors at such times and in such numbers that feeding birds or animals create an unreasonable
disturbance or accumulation of droppings on surrounding properties. including public property;
(s) Ownership or possession by a person under the age of eighteen (18) years old of
any dangerous or potentially dangerous animal.
7.15.020 INFRACTION PENALTY.
The base penalty for any infraction specified in BMC 7. 15. 010 shall be seventy-six
dollars ($76.00) for the first violation. one hundred forty-two dollars ($142.00) for the second
infraction committed within one (1) calendar year, and one hundred ninety-two dollars ($192.00)
for the third and subsequent infractions committed within one (1) calendar year. In addition to
the base penalty, a public safety and educational assessment and any other assessments required
by statute shall be imposed. Each and every day or portion thereof in which an infraction is
committed shall constitute a separate and distinct infraction.
7.15.030 INFRACTION PROCEDURE.
Infractions under this title shall, insofar as possible, be charged and processed pursuant to
iustice court traffic infraction rules as now or hereafter amended.
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Title 7 - Animals
2005 Amendment
7.15.040 ENFORCEMENT BY CIVIL ACTION.
Any action or inaction by any animal or the owner or keeper thereof which is contrary to
the provisions of this title. regardless if such constitutes a crime or infraction hereunder, shall be.
and the same are declared to be unlawful and a public nuisance and compliance with this title
may be enforced by an action for abatement or iniunction brought by an affected citizen or by the
prosecuting attorney.
7.15.050 UNLAWFUL - VIOLATIONS AND PENAL TIES
(a) It shall be unlawful:
(1) To fail to respond to a notice of infraction issued pursuant to this chapter.
(b) Any violation of this chapter as set forth in BMC 7.15.050 shall constitute a
misdemeanor pursuant to BMC 1.12.020(2).
Chapter 7.16
MISCELLANEOUS PROVISIONS
7.16.010 FAILURE TO REPORT STRIKING OF ANIMAL
Any person who fails to report the striking of an animal with a vehicle to the animal
control authority or law enforcement shall be guilty of a misdemeanor pursuant to BMC
1.12.020(2); provided that no person shall be held liable for the iniury or death of an animal
under this section unless found to have committed a crime pursuant to the provisions of Chapter
16.52 RCW or this section.
7.16.020 OBSTRUCTING ANIMAL CONTROL AUTHORITY
Any person who willfully hinders. delays, or otherwise obstructs any animal control
authority employee in the discharge of the employee's official powers or duties shall be guilty of
a gross misdemeanor pursuant to BMC 1.12.020(1).
7.16.030 HABITUAL VIOLATORS
(a) Habitual violators. Any owner receiving any combination of four or more:
(1) Convictions. singularly or in combination, of crimes relating to animals
within a five (5) year period; and/or
(2) Infractions under this title~singular1y or in combination, pursuant to BMC
7.15.010 found to be committed by the municipal court within a five (5) year period shall be
guilty of a gross misdemeanor pursuant to BMC 1.12.020(1) for each additional act constituting
a crime or infraction under this title.
SECTION 2. Severabilitv. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity ofthe remaining portion ofthis ordinance and the same shall remain in full
force and effect.
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Title 7 - Animals
2005 Amendment
SECTION 3. E(fective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the day of ,2005
DAREN NYGREN, Council President
Approved this day of ,2005
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2005
EFFECTIVE the day of ,2005
ORDINANCE NO.
R:\LEGAL\Ordinances\Administration\Animal Control Amendment-Z005-FinaL I.doc
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Title 7 - Animals
2005 Amendment
DATE SUBMITTED: August 24, 2005 BILL # oS" I .;l. 't" 0.-
AGENDA BILL
CITY OF BREMERTON Ie.
CITY COUNCIL ........................................................................................,
31
SUBJECT: Presentation by Consultant and Committee Meeting Date: August ~, 2005
Ordinance No. 4ttSt relating to COUNCIL MEETING Date: Scpte;ll'lb",~ 7, 2005 tJe-f'lJberl1.,J.o ~
consolidation of Bremerton Housing Department: City Council 'I b
Authority and Kitsap County Consolidated Presenter: Daren Nygren
Housing Authority Phone: 473-5280
SUMMARY: City Council retained the services of a consultant to evaluate the financial aspects of
the proposed consolidation of Bremerton Housing Authority and Kitsap County Consolidated
Housing Authority. The consultant will make a presentation at the August:3 1,2005 Committee
meeting. The proposed ordinance consolidates Bremerton Housing Authority and Kitsap County
Consolidated Housing Authority.
ATTACHMENTS: Proposed ordinance
FISCAL IMP ACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: -<-~...,'-;-~'-"~"~-:<-_-
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: lIe,jlr?t Bl31/0S" CONSENT AGENDA 0
I c/ ;
OPERATIONS -D~::- ~ --..
COUNCIL PRESIDENT: ~ /\
RECOMMENDED MOTION:
Move to pass Ordinance No. 4 q Sl consolidating Bremerton Housing Authority and Kitsap
County Consolidated Housing Authority.
COUNCIL ACTION: D Approve D Deny o Table D Continue D No Action
----------------
~
.~
ORDINANCE NO. 4951
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, providing for consolidation of the
Bremerton Housing Authority into the Kitsap County Consolidated
Housing Authority, a joint housing authority of the State of
Washington; making appropriate findings for the consolidation of
housing authorities; providing for membership to the board of the
joint housing authority; providing for assumption of assets, debts
and liabilities of the Bremerton Housing Authority; and providing
for other matters properly related thereto.
WHEREAS, the City of Bremerton, Washington is a first class charter city duly
organized and existing under and by virtue ofthe Constitution and Laws of the state of
Washington and the Charter of the City; and
WHEREAS, the City Council recognizes the public interest in sustaining
affordable housing for residents of the City and the surrounding community; and
WHEREAS, by Resolutions dated July 17, 1940 and August 14, 1940, the City
Council formed a housing authority known as the Bremerton Housing Authority, which is in
existence and operating as ofthis date; and
WHEREAS, the Kitsap County Consolidated Housing Authority was created in
1972 as the Kitsap Housing Authority and was reconstituted as a consolidated housing authority
in 1982 currently consisting of Kit sap County and the cities ofPoulsbo, Port Orchard, and
Bainbridge Island; and
WHEREAS, the City Council of the City of Bremerton believes that such
consolidation would best serve the public interest in creating a more efficient county-wide
authority and increase funding options for housing programs; and
WHEREAS, ajoint city/housing authority is authorized by RCW 35.82.300 with
a declaration need by each jurisdiction; and
WHEREAS, every housing authority in the state of Washington is authorized to
do any and all things necessary or desirable to secure the financial aid or cooperation of the
Federal government in the undertaking, construction, maintenance, or operation of any housing
project or program by such authority pursuant RCW 35.82.200; and
WHEREAS, the Kitsap County Consolidated Housing authority has in the past,
and will in the future, secure the financial aid and cooperation of the Federal government and is
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Housing Authority Consolidation
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solely responsible for all of the debts and operating expenses incurred in the operation of
KCCHA; and
WHEREAS, the Kitsap County Consolidated Housing Authority, upon
consolidation, will assume all the debts, obligations and liabilities as well as the assets ofthe
Bremerton Housing Authority; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The Recitals set forth above are hereby
incorporated as if set forth in full herein.
SECTION 2. Finding of Necessitv. Upon review ofthe information before it,
and after consideration of material provided to it, the City Council hereby makes the following
findings:
(a) That there is still a need for a "Housing Authority" to make housing available for
the reason that:
(1) Unsanitary or unsafe inhabited dwelling accommodations exist in the city;
(2) There is a shortage of safe or sanitary dwelling accommodations in the
city available to persons of low income at rentals they can afford; or
(3) There is a shortage of safe or sanitary dwellings, apartments, mobile home
parks, or other living accommodations available for senior citizens within the City.
(b) The affordability of adequate housing for a number of residents within the
boundaries of the City of Bremerton in the County of Kitsap is an increasing problem.
(c) Both the Bremerton Housing Authority and the Kitsap County Consolidated
Housing Authority have had success in providing housing opportunities for low income
individuals, but the problem of adequate housing for low income residents of this community
still remains.
(d) The City Council believes that consolidation ofthe Bremerton Housing Authority
with the Kitsap County Consolidated Housing Authority and a greater cooperation between the
City and the County would be of benefit to both the City and the County and the residents
thereof in providing a more efficient, coordinated and effective consolidated housing program.
(e) The City Council believes that numerous efficiencies will be achieved by the
operation of a consolidated Bremerton Housing Authority and Kitsap County Consolidated
Housing Authority and wishes to consolidate the same.
SECTION 3. Consolidation.
(a) Joint Authority. The Bremerton Housing Authority is hereby consolidated into the
Kitsap County Consolidated Housing Authority resulting in a joint authority consisting of Kit sap
County and the cities of Bremerton, Poulsbo, Port Orchard, and Bainbridge Island.
(b) Area of Operation. The area of operation of the consolidated joint authority shall
be the combined areas of the Bremerton Housing Authority and Kitsap County Consolidated
Housing Authority as defined in RCW 35.82.020(6).
(c) Name. The name of the joint authority shall be and remain the Kitsap County
Consolidated Housing Authority (hereinafter "KCCHA").
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Housing Authority Consolidation
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..
(d) Office. The office of KCCHA shall be at such place in the county of Kitsap,
Washington as KCCHA may from time to time designate. The official office of KCCHA is
presently located at 9307 Bayshore Drive NW, Silverdale, Washington.
(e) Authority to Operate. KCCHA shall have the legal authority and the complete
obligations as set forth in the Constitution and the Laws ofthe State of Washington. Nothing set
forth herein is intended in any way to limit this authority or KCCHA's ability to operate.
(f) Assumption of Responsibilities. KCCHA assumes all of the assets, contractual
and financial debts, liabilities, duties and obligations of the Bremerton Housing Authority.
KCCHA shall be responsible for its own financial and other obligations. Absent specific action
by the City Council, the City of Bremerton shall have no financial obligation of any nature
whatsoever or other responsibility for the operation of KCCHA.
SECTION 4. Board of Commissioners. KCCHA shall be governed by a board
of nine (9) commissioners ("Board") as follows:
(a) Membership. Membership of the CommissionBoard shall include the following:
(1) Full membership of the Board of County Commissioners for the County of
Kitsap, Washington.
(2) The mayors of the cities ofBremerton, Poulsbo, Port Orchard and
Bainbridge Island.
(3) One council member of the Bremerton City Council as designated by the
Council President. The Council President may make a self appointment to the Board.+he
Council President or a council member of the Bremerton City Council as designated by the
Council President.
(4) One resident of a housing facility of KCCHA.
(b) Appointment and Tenure.
(1) Elected Public Officials. Each elected public official serving on the
commissionBoard shall hold office during his/her tenure as an elected official ofthe county or
municipality respectively and he/she shall continue to hold office until his/her successor has been
elected or appointed as the case may be, except that. the designated council member of the
Bremerton City Council shall hold office during the tenure of his/her current term of office as an
elected city council member at the time of appointment and he/she shall continue to hold office
until his/her successor has been appointed by the Council President. . except that, the Council
President or designated council member of the Brerncrton City Council shall hold office during
the tenure ofthe Council President as council president and he/she shall continue to hold office
until his/her successor has been elected or appointed as the case may be.
(2) Resident Commissioner. The resident commissioner shall be appointed by
and serve at the pleasure of the Board of Commissioners.
(c) Quorum. Five members of the KCCHA Board of Commissioners shall constitute
a quorum for the purpose of conducting its business and exercising its powers and for all other
purposes.
(d) Compensation. Board members of the Board of Commissioners ofKCCHA shall
receive no compensation for their services for KCCHA, in any capacity; but a member may be
entitled to necessary expenses, including travel expenses incurred in the discharge of his /her
duties.
(e) Bylaws. The Board of Commissioners may adopt, and from time to time amend,
bylaws and other rules of operation.
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Housing Authority Consolidation
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SECTION 5. Officers.
(a) Election and tenure. The officers ofKCCHA shall be a Chairperson and a Vice-
Chairperson shall be elected from among the Commissioners and shall hold office for one year
or until their successors are elected and qualified. Should the offices of Chairperson or Vice-
Chairperson become vacant, KCCHA shall elect a successor from its membership at the next
regular meeting, and such election shall be for the unexpired term of said office.
(b) Duties.
(1) Chairperson. The Chairperson shall preside at all meetings of the Board.
Except as otherwise authorized by Resolution ofthe Board, the Chairperson shall sign all
contracts, deeds and other instruments made by KCCHA. At each meeting the Chairperson shall
submit such recommendations and information, as he/she may consider proper concerning the
business, affairs and policies ofKCCHA.
(2) Vice-Chairperson. The Vice-Chair shall perform the duties of the
Chairperson in the absence or incapacity of the Chairperson. In case of the resignation or death
of the Chairperson, the Vice-Chairperson shall perform the duties as are imposed on the
Chairperson until such times, as the Board shall elect a new Chairperson.
(c) Other duties. The officers ofKCCHA shall perform such other duties and
functions as may from time to time be required by the Board, the by-laws or rules and
regulations ofKCCHA.
SECTION 6. Administrative Staff and Legal Services.
(a) Staff. The CommissionBoard may employ an executive-director and shall
determine his or her qualifications, duties and compensation. The Board may employ or retain
other staff and consultants as it deems appropriate. The Executive Director may hire support
staff, technical and professional experts and such other officers, agents and employees,
permanent or temporary as budgeted by the CommissionBoard.
(b) Legal Services. For such legal services as it may require, the Commission of
KCCHABoard may call upon the chieflaw officer ofthe county and/or cities heretofore
enumerated or may employ its own counsel and legal staff.
SECTION 7. Consolidation Effective. The provisions of this ordinance are
contingent upon adoption of a similar ordinance by the Board of County Commissioners for the
County of Kitsap and the city councils of the cities ofPoulsbo, Port Orchard and Bainbridge
Island and the provisions set forth herein shall be effective on the first day of the month
following the month in which the last ordinance required to be adopted herein is effective unless
extended by an affirmative vote of all of the legislative bodies of the County and Cities herein.
SECTION 8. Dissolution of Bremerton Housing Authority Board. Upon the
effective date of the consolidation hereof, the Board of Commissioners of the Bremerton
Housing Authority shall be dissolved.
SECTION 9. General Authorization. The Mayor and the City Attorney as
agents and representatives of the City of Bremerton are hereby authorized and directed to do
everything necessary to accomplish the acts set forth in this ordinance.
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Housing Authority Consolidation
,
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SECTION 10. Ratification of Past Acts. All acts as heretofore taken by City
officers, staff, attorneys, and agents consistent with the terms and purposes of this ordinance are
hereby ratified, confirmed and approved.
SECTION 11. Repealer. All resolutions or ordinances or parts thereof in
conflict herewith are, to the extent of such conflict, hereby repealed and shall have no further
force or effect.
SECTION 12. Severability. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 13. Effective Date. This ordinance shall take effect and be in force
ten (10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the day of ,2005
DAREN NYGREN, Council President
Approved this day of ,2005
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2005
EFFECTIVE the day of ,2005
ORDINANCE NO.
R:\LEGAL\Ordinances\Executive\Housing Authority consolidation-l O.17.05.doc
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Housing Authority Consolidation