HomeMy WebLinkAbout4591 EMERGENCY ORDINANCE NO. z,./~-"c), [
AN EMERGENCY ORDINANCE OF THE CITY OF BREMERTON
RE-ADOPTING BREMERTON MUNICIPAL CODE CHAPTER 21.02, ZONING CODE,
TO DEMONSTRATE COMPLIANCE WITH THE GROWTH MANAGEMENT ACT
AND RCW 36.70A AND CONSISTENCY WITH THE CITY'S COMPREHENSIVE
PLAN; REPEALING ORDINANCES NO. 4172 AND NO. 4555;
AND DECLARING AN EMERGENCY.
WHEREAS, Bremerton is required by the Growth Management Act (GMA) to
adopt a comprehensive plan and development regulations that are consistent with and
implement that Plan, in accordance with RCW 36.70A, et seq.; and
WHEREAS, Bremerton adopted its revised Comprehensive Plan in April, 1995,
and re-adopted the Plan by Ordinance No. 4545 in February, 1996, to comply with an
Order of the Central Puget Sound Growth Management Hearings Board following an
appeal; and
WHEREAS, the Bremerton Zoning Ordinance, adopted in November, 1988, by
Ordinance No. 4172, was determined to be substantially consistent with the revised
Comprehensive Plan, was not re-adopted in its entirety, but has been amended to
correct minor inconsistencies, to adjust to Plan Amendments, and to incorporate the
requirements of ESHB 1724; and
WHEREAS, the City of Bremerton has reviewed its Zoning Ordinance and
determined that it complies with the requirements of GMA and RCW 36.70A, and is
consistent with the City's Comprehensive Plan; NOW, THEREFORE,
THE CITY OF BREMERTON DOES HEREBY ORDAIN
Section 1. The Bremerton Zoning Ordinance, consisting of Chapter 21.02 of
the Bremerton Municipal Code, as attached hereto as Exhibit "A", is hereby adopted
pursuant to RCW Chapter 36.70A.
Section 2. The Official Zoning Map of the City of Bremerton, consisting of an
eleven-page zoning atlas attached hereto as Exhibit "B", is hereby adopted pursuant to
RCW Chapter 36.70A.
Section 3. Ordinance No. 4172 (adopting the Zoning Ordinance in 1988) and
all amendments thereto, except Ordinances No. 3136, 3421, 3429, 3451, 3543, 3546,
3552, 3636, 4067, 4168, 4308 and 4354, is hereby repealed.
Section 4. Ordinance No. 4555 (adopting an amended citywide Zoning Map in
1996), and all amendments thereto, is hereby repealed.
Section 5. This Emergency Ordinance is necessary to preserve the public
peace, health, and safety; to achieve interjurisdictional acknowledgement that the
City's development regulations are in compliance with State law and consistent with the
Bremerton Comprehensive Plan; and to ensure that the City can continue to plan, zone,
permit, and secure the funds it needs to implement its plans without doubt or
uncertainty regarding its GMA compliance status.
Section 6. This Emergency Ordinance shall become effective upon passage by
the Bremerton City Council.
APPROVED by the City Council on the first reading this
day of ~'~L~.,~_, , 1997.
PASSED by the Bremerton City Council this /~ day of
(~/_.~ z.~/_ ~ , 1997.
DAVID FARR, President
Bremerton City Council
APPROVED this I c-~ day of ~ ,1997.
LYNN HORTON, Mayor
ATTEST:
KATH LEEN McC LUSKE)~C ~ty Clerk
[J
Published:
Effective:
13-C:re--adopt.zo
Chapter 21.02
ZONING CODE
APPENDIX
* * * TABLE OF CONTENTS * * *
Figure 070(a) CHARLESTON BUSINESS DISTRICT 1
Figure 070(b) MANETTE BUSINESS DISTRICT 2
Figure 070(c) LOT AREA CALCULATIONS 3
Figure 070(d) YARD AREAS 4
Figure 070(e) FRONT YARD SETBACKS 5
Figure 080 ZONES 6
Figure 090 PRIMARY ZONE CONSISTENCY 7
Figure 120 ZONE SUMMARY 9
Figure 130 LOT REQUIREMENTS 18
Figure 140 LAND USE TABLES 19
Figure 220 MEASURING STRUCTURE HEIGHT 30
Figure 330 TEMPORARY/SPECIAL PURPOSE SIGN REGS. 31
Figure 600 SPECIAL PARKING DISTRICTS 32
Figure 610(a) PARKING LOT MIN. DESIGN REQUIREMENTS 33
Figure 610(b) PARKING LOT SETBACKS 34
Figure 610(c) MINIMUM SURFACING STANDARDS 35
Figure 610(d) BUFFERING & SCREENING 36
Figure 630 HANDICAPPED PARKING DESIGN 37
Figure 670(a) OFF-STREET PARKING REQ. FOR RESID. USES 38
Figure 670(b) OFF-STREET PARKING REQ. FOR NON-RES. USES 39
Figure 740 INTERSECTION VISIBILITY 42
Figure 840 PERMIT PROCESSING SUMMARY 43
Figure 895(a) NOTICE REQUIREMENTS 44
Figure 895(b) CONTENTS OF NOTICE OF APPLICATION 46
Figure 070(b)
MANETTE BUSINESS DISTRICT
Title 21 Appendix: Page 2
Figure 070(c)
LOT AREA CALCULATIONS
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LOTS & LOT LINES
, F = Front Lot Line
STn~T ~ S = Side Lot Li~e
Corner
S Lot S S Lot S S
S R S
Corner
F Int. Lot
Lot R~S Flag S
Lo t Th rough
S Lot c
R F F Corner
R S Lo~
Corner S Interior S
S LOt S Lot
STEEET
Title 21 Appendix: Page 3
Figure 070(d)
YARD AREAS
Rear Lot Llne-~a
REAR YARO
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Building
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FRONT YARD
Front Lot Line
- STREET
Title 21 Appendix: Page 4
Figure 070(e)
FRONT YARD SETBACKS
The following illustration is intended to provide guidance
in the application of front yard setback requirements to
different types of lot and street configurations.
~ Setback linen
/ i'L' ~.' I:1.' .... ;:;'.','.'."
.. ....... '.; , P~roperty line
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Title 21 Appendix: Page 5
Figure 080
ZONES
The following table lists the zones that are included in this Zoning Code, by major
category of Residential, Commercial, Industrial and Special Purpose:
RESIDENTIAL: SF-I Res. Low-density (1-3 DU/Acre -- Single-unit)
SF-2 Res. Low-density ( 1-8 DU/Aere -- Single-unit)
SF-3 Res. Low-density (3-8 DU/Acre -- Single-unit)
DR Res. Low-density (3-8 DU/Aere -- 1- & 2-unit)
MI* Res. Medium-density (8-18 DU/Aere -- Multi-unit)
CBR Res. Medium-density (8-18 DU/Acre -- Multi-mt/mixed)
MR Res. High-density (8-44 DU/Acre -- Multi-unit/mixed)
COMMERCIAL: PO Professional Office
NB Neighborhood Business
GB General Business
SC Shopping Center
BC Business Core
INDUSTRIAL: BP Business Park
IP Industrial Park
IG Industrial General
SPECIAL MX Mixed Use
PURPOSE: SMU Shoreline Mixed Use
HC Health Care
PS Parks & Schools
FM Forest Management
WS Water Supply
URD Urban Renewal District
DRO Design Review Overlay
LPO Limited Parking Overlay
Title 21 Appendix: Page 6
Figure 090
PRIMARY ZONE CONSISTENCY
For purposes of initial zoning and consideration of rezone requests, these primary zones
are considered to be consistent with their related Comprehensive Plan designations.
COMPREHENSIVE PLAN PRIMARY ZONES
LDR: Low-density Residential SF-I: Res. Low-density (single-unit)
3 to 8 DU/Acre SF-2: Res. Low-density (single-unit)
SF-3: Res. Low-density (single-unit)
DR: Res. Low-density (1- & 2-unit)
· LPO: Limited Parking Overlay
PS: Parks & Schools
MDR: Medium-density Residential MF: Res. Med.-density (multi-unit)
8 to 18 DU/Acre CBR: Res. Med.-density (multi-unit/mixed)
SMU: Shoreline Mixed Use
LPO: Limited Parking Overlay
PS: Parks & Schools
HDR: High-density Residential MR: Res. High-density (multi-unit/mixed)
More than 18 DU/Acre SMU: Shoreline Mixed Use
LPO: Limited Parking Overlay
PS: Parks & Schools
C-G: General & Highway GB: General Business
Commercial SC: Shopping Center
HC: Health Care
SMU: Shoreline Mixed Use
C-P: General & Professional Offices PO: Professional Office
'HC: · Health Care
SMU: Shoreline Mixed Use
CBD: Central Business District BC: Business Core
GB: General Business
PO: Professional Office
MF: Res. Med.-density (multi-unit/mixed)
MR: Res. High-density (multi-unit/mixed)
URD: Urban Renewal District
DRO: Design Review Overlay
NC: Neighborhood Convenience NB: Neighborhood Business
Title 21 Appendix: Page 7
COMPREHENSIVE PLAN PRIMARY ZONES
MU: Mixed Use/PUD MX: Mixed Use
Other zones as approved through PUD process.
May emphasize residential, commercial or industrial.
HI: Heavy Industrial IG: Industrial General
MX: Mixed Use (Industrial emphasis)
IP: Industrial park IP: Industrial Park
MX: Mixed Use (Light Ind. Emphasis)
BP: Business Park BP: Business Park
PO: Professional Office
MX: Mixed Use (Business emphasis)
RE: Resource Extraction IG and IP zones preferred.
Allowed in all zones by Special Use Permit.
T: Transportation Facilities All commercial & industrial zones
P or OS: Parks and/or Open Space PS: Parks & Schools.
Private parks or schools may also be permitted in
other zones and are compatible with most Plan
designations.
WS: Watershed WS: Water Supply
UL: City Utility-owned Lands FM: Forest Management
PS: Parks & Schools
S: Schools PS: Parks & Schools
Private parks or schools may also be permitted in
other zones and are compatible with most Plan
designations.
C: Cemetery PS: Parks & Schools
SF-I: SF-2: SF-3 (Low-densityResidentiai)
H: Hospital GB: General Business
HC: Health Care
PW: Public Works facilities IP: Industrial Park
IG: Industrial General
U: Utilities * Most are allowed in all zones either outright or by
Special Use Permit. Some major facilities may be
restricted to specific zones, per the Land Use Tables.
Title 21 Appendix: Page 8
Figure 120
ZONE SUMMARY Page ! of 10
ZONES Description/Intent Min, Standards (See Table Z-4)
SE-1 Land uses in this large-lot zone are limited primarily to Base Density: 1-3 DU/ac.
single unit dwellings and related accessory uses (e.g.,
Residential social, religious, cultural, or educational) commonly Min. Lot Size: 13,000 s.f.
Low-density found in such neighborhoods. This zone is intended Max. Coverage: 25%
for areas in which very low urban densities are Min. Lot Width: 60 ft.
necessary or desirable for such reasons as severe Max. Bldg. Ht: 30 fi.
environmental problems such as topography or soil
stability, or due to limited access, unique views or SETBACKS:
other amenities, historic character, or lack of essential Front: 20 ft.
urban services. Side: l0 ft.
Rear: 15 ft.
SF-2 This zone allows primarily single unit dwellings and Base Density: 1-8 DU/ac.
related accessory uses and its Iocational factors are Min. Lot Size: 9,000 s.f.
Residential similar to those of the SF-I zone. The primary Max. Coverage: 30%
Low-density difference is that the SF-2 zone allows a smaller Min. Lot Width: 50 ft. ~.:
minimum lot size and a higher development density Max. Bldg. Ht: 30 ft.
than does SF-1 and is suitable for areas served by
public utilities, particularly sewer. SETBACKS:
Front: 20 fi.
Side: 10 ft.
Rear: 15 ft.
SF-3 This zone accommodates single-unit homes in the Base Density: 3-8 DU/ac.
typical urban subdivision at an average density Min. Lot Size: 5,000 s.fi
Residential (without bonuses) of up to eight units per acre. It Max. Coverage: 40%
Low-density offers a smaller minimum lot size to enhance Min. Lot Width: 40 ft.
affordability and encourage higher densities through Max. Bldg. Ht: 30 ft.
creative site planning and various zoning and density
bonus incentives. This 8 DU/acre density is SETBACKS:
consistent with the Comprehensive Plan's LDR Front: 15 ft. (20 to garage)
designation. Side: 5 ft.
Rear: 15 fl.
DR This zone is applied to, and intended to maintain, Base Density: 3-8 DU/ac.
neighborhoods of predominantly single- and two-unit Min. Lot Size: 4,000 sf- 1 DU
Residential structures as well as areas suitable for a mixture of 6,000 sf- Duplex
Low-density these dwelling types. The same related accessory uses Max. Coverage: 40%
that are allowed in the other zones are permitted in Min. Lot Width: 40 ft.
this zone and the allowed density is the same as the Max. Bldg. Ht: 30 ft.
SF-3 zone but with a smaller minimum lot size for
single units and duplexes. SETBACKS:
Front: 15 ft. (20 to garage)
Side: 5 ft~
Rear: 15 ft.
Title 21 Appendix: Page 9
ZONES Description/Intent Min. Standards (See Table Z-4)
MF This zone is designed to maintain existing areas ol' Base Density: 8-18 DU/ac.
multiple-unit dwellings and to provide for new Min. Lot Size: 3,000 s.f.
Residential development of needed housing within the medium- Max. Coverage: 40%
Medium density density (8-18 DU/Acre) level. Such development may Min. Lot Width: 30 ft.
include small-lot single-unit clustered housing, garden Max. Bldg. Ht: 40 ft.
and larger apartment complexes, condominiums, and
other housing alternatives, along with their customary SETBACKS:
related or accessory uses. Front: 10 ft. (20 to garage)
Side: 5 ft.
Rear: 20 ft.
CaR The "Central Bremerton Residential" zohe is designed Base Density: 8-18 DU/ac.
to maintain and improve the character found primarily Min. Lot Size: 3,000 s.f.
Residential in the older central areas of Bremerton. It allows the Max. Coverage: 50% Resid.
Medium density integration of small multi-unit structures with an 80% Non-resid.
assortment of customary accessory and compatible Min. Lot Width: 30 ft.
uses. It recognizes the historic development patterns Max. Bldg. Ht: 30 ft.
characterized by small lots, narrow streets, minimal
setbacks, accessory dwellings, and often deficient off- SETBACKS:
street parking. It encourages residential in-fill and Front: 10 ft. (20 to garage)
promotes general overall neighborhood improvement. Side: 5 ft.
Rear: 15 ft.
MR This zone provides areas that are most suitable for the Base Density: 8-44 DU/ac.
highest density multiple-unit development allowed Min. Lot Size: 5,000 s.f.
Residential anywhere in Bremerton and at the greatest allowed Max. Coverage: 50% Resid.
High density building heights. It is intended for use in high 80% Non-resid.
intensity areas, areas with exceptional views or other Min. Lot Width: 40 ft.
amenities, and along or near arterial streets. To take Max. Bldg. Hr: 120 ft.
advantage of locational advantages, this zone allows
some mix of compatible non-residential uses. Mixed SETBACKS:
use developments are encouraged. Front: 10 ft. (20 to garage)
Side: 5 ft.
Rear: 10 ff.
PO The PO zone provides areas for iow-intensity small- Min. Lot Size: None
scale office uses. Limitations on the size and height Max. Coverage: 45%
Professional of office structures will help ensure compatibility with Min. Lot Width: None
Office adjacent residential neighborhoods. This zone is Max. Bldg. Ht: 30 ft.
intended, in part, as a buffer zone that can be placed
between neighborhoods and more intense commercial
uses, industrial uses, arterial streets, or other SETBACKS:
incompatible land uses. It may be used along arterial Front: Same as abutting zone.
streets to take advantage of mixed or limited lot sizes, Side: None from non-res, zones.
or as a softer alternative to strip commercial 10 ft. (from R zones only)
development. This zone is particularly suitable for Rear: 20 ft.
inclusion in a mixed use PUD development.
Title 21 ApPendix: Page 10
ZONES Description/Intent . Min. Standards (See Table Z-4)
NB The NB zone provides areas for limited retail activity Min. Lot Size: None
and personal services in or adjacent to residential areas Max. Coverage: 50%
Neighborhood for the convenience of neighborhood residents. Min. Lot Width: None
Business Businesses are encouraged to locate in a tight cluster Max. Bldg. Ht: 30
and reflect the scale and character of the surrounding Max. Bldg. Size: 5,000 s.f.
neighborhood. Businesses that have a community-
wide or regional market or service area, or that have SETBACKS;
large land, floor area, or parking requirements are Front: Same as abutting zone.
probably not well suited to this zone. Side: None fi.om non-res, zones.
10 ft. (from R zones only)
Rear: 20 ft.
GB This is Bremerton's primary auto-related, highway- Min. Lot Size: None
oriented, high-intensity retail and service commercial Max. Coverage: 100%
General
zone. It is designed Primarily for locations along Min. Lot Width: None
Business arterial streets and allows a wide variety of business Max. Bldg. Ht: 60 fl.
and office uses. The City may limit driveway access
and require landscaped setbacks and other SETBACKS:
improvements that enhance the aesthetic and visual Front: 20 ft.
qualities, increase safety, encourage pedestrian and Side: None from non,r~.S., zones.
transit usage, and help ensure compatibility with less 10 ft. (from R zones only)
intense adjacent land uses. Rear: None from non-res, zones.
10 fl. (from R zones only)
SC This zone is intended to accommodate clusters of retail Min. Lot Size: None*
activity, personal services, entertainment, and office Max. Coverage: None*
Shopping Center uses in accessible, well-designed, and pedestrian- Min. Lot Width: None*
oriented shopping centers. These centers should Max. Bldg. Ht: None*
provide more desirable alternatives to strip-commercial
development. These centers will be larger than * Shopping Center development
neighborhood business centers in scale and use, and requires a master plan consistent
will usually be anchored by a junior department store, with City PUD standards and
variety store, major supermarket, or may consist ufa approved through the PUD
combination of smaller stores and offices, process.
BE This zone was originally designed for Bremerton's Min. Lot Size: None
Central Business District and intended to promote the Max. Coverage: 100%
Business Core CBD as the city's primary high-intensity commercial Min. Lot Width: None
and financial center. That purpose continues, but in Max. Bldg. Ht: 120 ft.
combination with other special purpose zones and
more specific master plans, Pedestrian-oriented day SETBACKS:
and nighttime activities are encouraged, as are public Front: None.
transit and linkages to the multi-modal terminal, Side: None abutting non-res, zone.
overwater park, PSNS, and other pedestrian-accessible 10 ft. (abutting R zone only)
facilities. Long-term parking and other automobile Rear: 10 ft.
related uses are discouraged in the CBD. Residential
uses are highly encouraged, particularly on upper
floors and around the periphery of the district, but
should not displace sidewalk level storefronts along
key downtown streets.
Title 21 Appendix: Page 11
ZONES Description/Intent Min. Standards (See Table Z-4)
BP This zone provides opportunities Ibr the development Min. Lot Size: None
of Iow-intensity commercial, office and/or Max. Coverage: 50%
Business Park manufacturing businesses that are clean, quiet, low- Min. Lot Width: None
traffic generators, and that will be compatible with Max. Bldg. Ht: 30 ft.
adjacent or nearby residential neighborhoods and other
sensitive uses. Business park development should be SETBACKS:
designed as an attractive, well-landscaped, campus-like Front: 20 ft.
environment that will be an asset to its n. eighborhood Side: None abutting non-res, zone.
as well as the community. 10 ft. (abutting R zone only)
Rear: 10 ft. (abutting R zone only)
IP This zone is intended to provide areas for a mix of Min. Lot Size: None
office, wholesale, trade and distribution, bulk retailing, Max. Coverage: 50%
Industrial Park and light manufacturing in a low-density, campus-like Min. Lot Width: None
environment. The district shall be designed to Max. Bldg. Ht: 40 ft.
minimize adverse effects on adjacent areas and to
present an attractive well-landscaped appearance. IP SETBACKS:
businesses should require little or no outdoor storage Front: 20 ft.
of products, materials or equipment, and operations Side: None abutting non-rcs, zone.
should, for the most part, be contained within enclosed 10 ft. (abutting R zone only)
structures. Rear: 10 ft. (abutting R zone only)
IG This is the City's most intense industrial zone. It Min. Lot Size: None
allows most types of "heavy industrial" uses, Max. Coverage: 100%
Industrial including storage and distribution, heavy equipment Min. Lot Width: None
General and vehicle sales and service, general manufacturing, Max. Bldg. Ht: 40 ft.
wholesaling, fabricating, publishing, research and
development, and related office and limited SETBACKS:
commercial uses. Front: 20 ft.
Side: None abutting non-res, zone.
10 ft. (abutting R zone only)
Rear: i0 ft. (abutting Rzone only)
MX This zone is intended to allow and promote mixed use Base Density: to 44 DU/ac.
developments that include higher density residential, Min. Lot Size: 3,000 s.f. resid.
Mixed Use combined with small-scale office and commercial uses. No min. for other.
The zone offers incentives to revitalize and maintain Max. Coverage: 50%
older peripheral areas, particularly around the CBD Min. Lot Width: 30 ft.
and other intense commercial districts. The"MX" Max. Bldg. Ht: 30 ft.
zone includes most uses permitted in the High-density
Residential zones (MR and HD), the Professional SETBACKS:
Office (PO) zone, and the Neighborhood Business Front: 20 ft.
(NB) zone. Side: None abutting non-res, zone.
10 ft. (abutting R zone only)
Rear: 10 ft. (abutting R zone only)
/
Title 21 Appendix: Page 12
ZONES Description/Intent Min. Standards (See Table Z-4)
HE The intent ot'this zone is to protect and strengthen the Min. Lot Size: None
medical center to ensure that it remains strong and Max. Coverage: 60%
Health Care viable and to provide for medical center expansion. Min. Lot Width: None
This zone was based on the following objectives: Max. Bldg. Hr: 60 ff.
>- Establish a Health Care campus of related and
compatible uses. Setbacks;
>- Preferred uses will be medical, along with their Front: 10 ft.
related support activities. Side: 10 ft. from "R" zone
>- Provide areas for new growth and expansion. None from non-R zones
>- Improve internal access and circulation. Rear: ! 0 ft. from "R" zone
~- Minimize land use conflicts. None from non-R zones
SMU The purpose of this zone is to establish a mixed use Base density: None
district that responds to the constraints and special
Shoreline opportunities of high bluffareas and to the following Min. Lot Size: None
Mixed Use primary objectives: Max. Coverage: 50%
:~ Maximize the potential of bluff-top areas. Min. Lot Width: None
~ Promote a mix of water-oriented commercial, Max. Bldg. Ht: 40 ft.
office and residential uses.
>- Ensure that new deve~lopment is designed and sited Setbacks:
to take advantage of high bluffviews while enhancing Front: 10 ft.
the unique qualities of the shoreline location. Bluff-top: 25 ft. *
:~- Discourage development that endangers the Side: 5 ft. **
stability or function of the bluff.
>- Provide for public access as required by the City's Rear: 10 ft.
Shoreline Master Program. * Unless a geo-technical report
supports a lesser setback.
· * Side yards are also subject to
view corridor requirements.
Title 21 Appendix: Page 13
ZONES Description/Intent Min. Standards (See Table Z-4)
PS The purpose °fthis zone is to protect and preserve Min. Lot Size: None.
lands that are currently developed, used, suited for, or Max. Coverage: 25%
Parks & Schools planned for public and/or private park, recreation, or Min. Lot Width: None.
open space uses, as well as lands needed for Max. Bldg. Hr: 40 ft.
recreational and educational facilities of long-term
value and benefit to the community and region. SETBACKS;
Permitted Uses: " Front: 30 ft.
Side: 30 ft.
1. Passive parks including, but not limited to, Rear: 30 ft.
open landscaped or natural areas; recreational
trails systems; picnicking areas; gardens;
arboretum; viewpoints and related structures.
2. Active Parks including, but not limited to,
hard and soft surface play areas; playground
equipment; sports courts; lighted fields;
community buildings; and swimming pools.
3. Public and private schools, including trades,
arts, pre-schools and colleges.
4. Library, museum, and similar facilities.
5. Recreation-related non-profit group activities.
6. Concessions --- approved by City Council.
7. Accessory uses customarily associated with
parks and schools.
Uses Requiring a Special Use Permit;
I. Golf course.
2. Boat launching and related facilities.
3. Rifle and pistol ranges.
4. Maintenance and service yards.
5. Bus and other vehicle and equipment
maintenance & storage facilities.
6. Admin. offices related to the facilities.
7. Buildings and structures for nonprofit groups
on public lands.
Title 21 Appendix: Page 14
ZONES Description/Intent Min. Standards (See Table Z-4)
FM The FM zone is intended to promote best management Min. Lot Size: None.
practices on forest lands and sound utilization of Max. Coverage: Least feasible.
Forest forest, water and other resources, consistent with State Min. Lot Width: None.
Management and Federal regulations. Max. Bldg. Ht: None
P~rmitted U~.es SETBACKS:
Front: 30 fl.
1. Timber harvest activities, including timber
Side: 30 ft.
removal, thinning, salvage, and post harvest Rear: 30 ft.
clean-up.
2. Roads for timber harvest access, fire breaks,
forest protection, and security.
3. Reforestation activities.
4. Hydropower activities eonsiste.nt with
maintenance of water quality and
environmental constraints.
5. Educational and research activities compatible
with forest resources protection.
6. Groundwater development and aquifer
protection.
Accesso, ,fy Uses
1. Single-unit dwelling for caretaker, along with
customary accessory uses.
2. Non-residential structures needed for the
execution of permitted uses, including but not
limited to, scaling stations, storage and
maintenance facilities, processing facilities,
residue dumps, and log storage areas.
3. Temporary crew quarters.accessory uses.
Title 21 Appendix: Page 15
I ZONES Description/Intent [ Min. Standards (See Table Z-4)
I
WS This zone is intended to protect the Bremerton public Min. Lot Size: None.
water supply by controlling activities and maintaining Max. Coverage: Least feasible.
Water Supply high water quality at the source, consistent with State Min. Lot Width: None.
and Federal regulations. It is further intended to Max. Bldg. Hr: None
maintain strict control of access to and activities within
the Union River drainage to allow the Union River SETBACKS:
water supply source to continue in its unfiltered status. Front: 30 ft.
Side: 30 ft.
Permitted Uses: Rear: 30 ft.
1. Collecting, storing, treating, conveying,
pumping, serving and monitoring water for
distribution of potable water to customers and
purveyors Of the Bremerton Water Utility.
2. Managing, growing, harvesting, and
protecting forest resources consistent with
protection of the public water system.
3. Developing hydropower resources consistent
with maintenance of the public water system
and environmental constraints.
4. Managing wildlife to preclude degradation of
the public water supply.
5. Conducting educational and research
activities compatible with protection of the
public water supply.
6. Developing groundwater and protecting
aquifers from contamination or overdraft.
Accesso _ry Uses
I. Single-unit dwelling for watershed patrol,
caretaker or gate guard, along with customary
accessory uses.
2. Non-residential structures needed for the
execution of permitted uses, including
treatment and diversion facilities,
maintenance facilities and storage areas.
3. Temporary crew quarters.
Title 21 Appendix: Page 16
ZONES Description/Intent Min. Standards (See Table Z-4)
UgD The adopted document entitled "Downtown Specific controls and development
Waterfront Urban Renewal Plan" (DWURP) requirements for this zone are
Urban Renewal constitutes the entirety of this zone. The plan contained in the Downtown
District provides conceptual as well as technical guidance and Waterfront Urban Renewal Plan.
standards for planning and building within the
downtown waterfront district, which extends from
PSNS north to Fifth Street and includes all properties
between Washington Avenue and the shoreline. The
Land/Water Use Plan of the DWURP is divided into
several components for land use and development
purposes, and into seven areas for the purpose of
building height standards.
DUO This "overlay" zone is related to implementation of the Specific design standards for this
Downtown Waterfront Urban Renewal Plan. The zone are contained in the Downtown
Design Review DRO establishes a specific area within which formal Waterfront Urban Renewal Plan.
Overlay Design Review shall take place (DWURP, Exhibit In addition to the Site Plan Review
"G") to ensure that the design policies and standards of process, "Design Review" may be
the plan are carried out. necessary for any project that alters
or has a significant effect oh the
visual appearance, character,
function, or other sensory
component of the area enclosed by
the DRO boundary. Such changes
may be as major as the construction
ora new building, or as simple as a
new sign, awning or paint.
Title 21 Appendix: Page 17
ZONES Description/Intent Min. Standards (See Table Z-4)
LPO This zone provides for the development of commercial Min. Dev. Std: Must meet City's
and commuter parking lots in areas found to be adopted parking
Limited Parking suitable for those uses, but not permitted by the lot development
Overlay underlying zone. - standards.
Application: Approval: Special Use Permit
The provisions of this district are limited to areas required for all
shown on the Bremerton Zoning Map as "Limited lots.
Parking Overlay" and are intended to supplement the
provisions of the underlying zone. Allowed Lots:
Permitted Uses: Class "A" lot (Special Use Permit)
1. Surface parking lots for off-street parking. Class "C" lots may also be
2. Accessory facilities necessary for the proper approved by SUP, subject to
function or design of the lot, including additional criteria and a time limit of
no longer than five years from date
parking meters, instructional/directional
signing, fencing, and landscaping, of approval. Applicant then has the
option to:
Development Standards:
I. Lots shall be only for the parking of vehicles (a) Apply for time extension as an
amendment to the SUP;
in daily use and shall not include commercial
vehicles, impound lots, or other storage. (b) Apply for a SUP for a
2. Lots must be developed in accordance with permanent Class "C" paved lot; or
the City's Class "A" parking lot standards, (c) Cease the use and remove all
unless approved as a "commuter parking lot". improvements from the site.
3. A Class "C" commuter lot may be approved
if:
(a) It is provided for long-term commuter
parking by visitors, employees, ferry
commuters, or similar commuters.
(b) It will not be used for customer or client
parking or other non-parking land use.
(c) Parking fees will be charged by the day,
week, month or other period which, in no
case, may be shorter than eight hours.
(d) It will be fenced or otherwise secured.
4. A Class "C" lot may be approved with a
gravel or similar surface only if:
(a) The need is temporary and for a period
not longer than five years; and/or
(b) The proposed site is in a transitional area
and will likely be needed for new
development or a different use within five
years.
Title 21 Appendix: Page 18
Figure 130
REQUIREMENTS
ALLOWED 2 ~ M1N, MIN.
ZONES RESID. 1 FRONT SIDE REAR LOT LOT MAX. MAX.
DENSITY Setback Setback Setback SIZE WIDTH HEIGHT COVERAGE
SF-1 1-3 DU/Ac. 20 fi. 10 fl. 15 fi. 13,000 s.f. 60 fl. 30 ft.. 25 %
SF2 1-8 DU/Ac. 20 ft. 10 ft. 15 ft. 9,000 s.f. 50 ft. 30 fi. 30 %
SF-3 3-8 DU/Ac. 15 fi. 2 5 ft. 15 ft. 5,000 s.f. 40 fi. 30 R. 40 %
DR 3-8 DU/Ac. 15 ft. 2 5 ft. 15 ft. 4,000 s.f. 40 ft. 30 ft. 40 %
MF 8-18 DU/Ac. 10 ft. 2 5fi. 20ft. 3,000 s.f. 30fi. 40ft. 50%
CBR 8-18 DU/Ac. 10 ft. 2 5 ft. 15 ft. 37000 s.f. 30 ft. 30 ft. 50 %
MR 8-44 DU/Ac. 10fi. 2 5ft. 3 10ft. 5,000 s.f. 40ft. 120 ft. 60%
PO ....... 10 ft. - ...... 5 20 ft. - ............. 30 ft. 45 %
NB 7 ....... lo ft. - ...... s 20 ft. - ............. 30 ft. 50 %
GB ....... 20ft. - ...... 5 ....... 5 .............. 60ft. 100%
SC 6 .............. 4 ....... 4 ....... 4 ....... 6 ....... 6 ....... 6 ....... 6
BC ..................... 5 ....... 5 .............. 120 ft. 100 %
BP ....... 20 ft. - ...... s ....... s .............. 30 ft. 50 %
IP ....... 2o ft. - ...... 5 ....... 5 .............. 40 ft. 50 %
IG ....... 20 ft. - ...... 5 ....... 5 .............. 40 ft. 100 %
MX 8-44 DU/Ac. 10 ft. - ...... 5 ....... 5 3,000 s.f. 30 ft. 30 ft. 50 %
SMU ....... 10 ft. 5 ft. I0 ft. - ............. 40 ft. 50 %
HC ....... 10 ft. - ...... 5 ....... 3 .............. 60 ft. 60 %
PS ....... 30 ft. 30 ft. 30 ft. - ............. 40 ft. 25 %
I Base density ranges do not include additional incentive "bonus" densities that may be offered.
2 All garages and carports shall maintain a Front setback of 20 feet.
3 Zero Lot Line development shall add the normally-required side yard to the opposite side of the lot. ZLL development along
a rear property line may be approved only through the PUD process.
4 Development is subject to the same setback that is required on the residential side of the lot line for any development abutting
a residential zone. Structures higher than two stories or 30 fi. (whichever is higher) shall double the setback when abutting any
other residential zone.
5 A 10 ft. setback is required from any residential zone.
6 Development within this zone shall be consistent with a master plan approved through the PUD process.
7 An individual building may not exceed 5,000 sq,ft, in this zone.
Title 21 Appendix: Page 19
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MEASURING STRUCTURE HEIGHT
The height of a building is the vertical distance above a reference datum measured to the
highest point of the coping of a flat roof, the deck line of a mansard roof, or the average
height of the highest gable of a pitched or hipped roof. The reference datum shall be
selected by either of the following, whichever yields the greater height of a building:
1. The elevation of the highest adjoining sidewalk or ground surface within a five-
foot horizontal distance of the exterior wall of the building when such sidewalk or
ground surface is not more than ten (10) feet above the lowest grade.
2. An elevation ten (10) feet higher than the lowest grade when the sidewalk or
ground surface described in item 1 above is more than ten (10) feet above lowest
grade. The height of a stepped or terraced building is the maximum height of any
segment of the building.
Exceptions: Penthouse for elevators, fire walls, chimneys, and flagpoles may exceed the
height limits of the zone. None of these exceptions to the height regulations shall be used
for advertising of any kind.
C~SE I ~kgE II
Title 21 Appendix: Page 30
Figure 600
SPECIAL PARKING DISTRICTS
WEST BREMERTON PARKING AREA:
Reduced parking provisions for multiple-unit residential developments.
CENTRAL BUSINESS DISTRICT PARKING AREA:
Generally east of Warren Avenue and south of Sixth Street. Off-street parking not required in this
area, with the exception of Waterfront Urban Renewal District (See "URD" in Figure 120).
Title 21 Appendix: Page 32
Figure 610(a)
PARKING LOT M,NIMUM DESIGN REQUII MENTS
STANDARD PARKING LOTS COMMUTER PARKING LOTS
Min. Min. Min. Min.
Min. Aisle Width Min. Aisle Width
PARKING STALL STALL STALL STALL
ANGLE WIDTH DEPTH 1-Way 2-Way WIDTI! DEPTH 1-Way 2-Way
0 22' 0" 8' 0" 10' 0" 18' 0" 22' 0" 8' 0,' 10' 0" 18' 0"
30 8' 6" 17' 0" 12' 0" 20' 0" 8' 6" 16' 8" 12' 0" 20' 0"
45 8' 6" 17' 4" 12' 3" 10' 0" 8' 6" 17' 0" 12' 3" 20' 0"
50 8' 6" 18' 0" 12' 9" 20' 0" 8' 6" 17' 8" 12' 9" 20' 0"
55 8' 6" 18' 6" 13' 3" 20' 0" 8' 6" 18' 3" 13' 3" 20' 0"
60 8' 6" 18'10" .14' 3" 20' 0" 8' 6" 18' 5" 14' 3" 20' 0"
65 8' 6" 19' 0" : 15' 2" 21' 0" 8' 6" 18' 8" 15' 2" 21' 0"
70 8' 6" 19' 2" 16' 0" 21' 6" 8' 6" 18' 9" 16' 0" 21' 6"
75 8' 6" 19' 0" 17' 6" 22' 0" 8' 6" 18' 8" 17' 6" 22' 0"
90 8' 6" 17'11" 22' 6" 22' 6" 8' 6" 17' 6" 22' 6" 22' 6"
A B C D D B C D . D
Stall Width
Stall Depth
Aisle Width
Title 21 Appendix: Page 33
Figure 610(b)
PARKING LOT SETBACKS
Class "A" Lots Front: 10 ft. average (5 ft. minimum)
Side: 5 ft. minimum (no fence provided)
No setback required if fence or wall is provided.
Rear: 5 ft. minimum from adjacent property.
No setback required from alley or if fence or wall is
provided.
Class "B" Lots Front: 5 ft. minimum
Side: Same as Class "A" side setback
Rear: Same as Class "A" rear setback
Class "C" Lots Same as Class "B" lots
& Pedestrian Clearance .. with wheel stop
Title 21 Appendix: Page 34
Figure 610(c)
MINIMUM SURFACING STANDARDS
Asphalt Paved Lot
2" asphalt surface.
3" 1-1/4" minus or 5/8" minus stone.
Subgrade
Gravel Lot --- with approved drainage system
3" 1-1/4" minus stone.
Subgrade
Gravel Lot -- without a drainage ~ystem
~ ~~ 3" 1-1/4" minus stone.
:"' 2" 3/8" to 1/2" stone.
'" '..: ..i'~.~ 3" 1-1/2" to 2" stone.
2" 3/8" to 1/2" stone.
5" 1-1/2" to 2" stone.
Subgrade
Title 21 Appendix: Page 35
Figure 610(d)
BUFFERING & SCREENING
Five foot wide landscaped buffer with
dense evergreen hedge or other screen
plantings ora size that will provide an
immediate effective visual screen
having a minimum height of 5 ft.
Solid fence or wall a minimum of five
!11_
feet in height, unless modified by the
City to correct a visibility obstruction.
An earthen berm planted with grass,
shrubs, or other groundcover and
having an effective visual height of
at least five (5) feet.
:~g To avoid obstruction of a driver's sight ~~:~!I.
distance, no plant material extending
higher than 3 ft. above the ground or
tree branches lower than 8 ft. above the
ground shall be located within 15 feet
of any intersection or curb cut.
..
Title 21 Appendix: l'age 36
Figure 630
HANDICAPPED PARKING DESIGN
Parking spaces for the disabled shall be at least 12 ft. 6 in. wide.
Two adjacent disabled spaces may have a combined width of 21 feet,
provided a marked access aisle of at least 48 inches is located between spaces.
Other dimensions shall be the same as those for standard vehicles.
SINGLE DOUBLE
DISABLED SPACE DISABLED SPACE
Title 21 Appendix: Page 37
Figure 670(a)
OFF-STREET PARKING REQUIREMENTS
FOR RESIDENTIAL USES
REQUIRED OFF-STREET PARKING
SPACES PER DWELLING UNIT **
TYPE OF
RESIDENTIAL NUMBER OF WEST BREMERTON ALL OTHER AREAS
STRUCTURE BEDROOMS * PARKING AREA OF BREMERTON
Single-unit residence N/A 2.00 2.00
Duplex (2-unit res.) N/A 2.00 2.00
Multi-unit residence 0 1.00 1.50
" 1 1.00 1.50
" 2 1.25 1.75
" 3+ 1.50 2.00
Boarding and
Rooming Houses N/A 1.00 1.00
'~ Accessory rooms, such as dens, recreation rooms, extra living rooms or family rooms
(but not kitchens, dining rooms, bathrooms, and one living room) shall be calculated as
a bedroom when determining the required number of off-street parking spaces.
· * For purposes of off-street parking requirements, each room or group of rooms witlfin a
boarding or rooming house that is rented or otherwise occupied by a single person or
household shall be considered a "dwelling unit".
Title 21 Appendix: Page 38
Figure 670(b)
OFF-STREET PAkKING REQUIREMENTS
FOR NON-RESIDENTIAL USES
I LAND USE MIN. PARKING, , , ,,RE(~UIREME, NTS
Hotel ! space per 2 guest rooms, plus
1 space per 200 sq.ft, of gross floor area devoted to other common uses.
Motel I space per 2 guest rooms, plus
I space per 200 sq.ft, of gross floor area devoted to other common uses.
1 space for the manager.
Bed & Breakfast I space per guest room, plus
Establishment I space for the resident household.
Travel Trailer Park I space per travel trailer site, plus
Tourist Court 1 space per each 10 sites to be located in a security area such as a vehicle
storage area, plus
I space per five trailer sites for guest parking, and
Additional spaces, as needed, for office or community buildings.
Automobile Service 1 space per 200 sq.ft, of gross floor area, plus
1 space per service bay (bay itself is not a space).
A minimum of 5 spaces shall be provided.
Barber Shop/Beauty Salon 1 space per 75 sq.ft, of gross floor area.
Bank I space per 350 sq.fl, of gross floor area.
Bowling Alley 5 spaces per lane.
Medical/Dental Clinic 1 space per 150 sq.ft, of gross floor area.
or Office
Clubs, lodges 1 space per 4 fixed seats, and
I space per 50 sq.ft, of gross floor area of assembly areas without fixed
seating.
Convenience Market I space per 200 sq.ft, of gross floor area.
A minimum of 6 spaces shall be provided.
Dance Hall I space per 100 sq.ft, of gross floor area.
Food Store (retail) I space per 200 sq.fL of gross floor area.
Markets & Supermarkets A minimum of 6 spaces shall be provided.
Garden Nursery I space per 400 sq.ft, of gross floor area (retail).
I space per 500 sq.fL of building and outside display area (wholesale).
Health Club, Figure Salon, l0 spaces per 1,000 sq. ft. of gross floor area.
Physical Fitness Center
Hospitals & Medical 1.8 spaces per bcd, Number of beds to be determined by license oflhe Slate
Centers (Portion with beds) of Washington. (Hospital basinets are not considered beds)
Title 21 Appendix: Page 39
Industrial Establishmenk I space per 600 sq.ft, of gross floor area.
Including Research,
Development and Testing.
Laundry --- self-service I space per 4 washing machines.
A minimum of 5 spaces shall be provided.
Library, Museum 1 space per 400 sq.ft, of gross floor area.
Marinas & Moorage Fac: Transient Moorage: I space per 20 moorage slips.
Permanent Moorage: 1 space per moorage slip.
Mortuary, Funeral Home I space per 75 sq.ft, of assembly area.
Nursery School and 1 space per 5 children (based on max. occupancy load as licensed by State).
Day Care Center 2 loading/unloading spaces without backing up, except that "Day Care
Facilities --- 12 or fewer" are exempt from the backing up requirement.
Nursing Home,
Health Institution, 1 space per 600 sq.fi, of gross floor area.
Convalescent Home
Offices: (Business, General, I space per 300 sq.ft, of gross floor area.
Professional and Non-
professional)
Parks, Playgrounds To be determined by Director of Community Development.
(Public & Private)
Places of Assembly (arenas, I space per 4 permanently affixed seats (20 inches of bench or pew seating
churches, auditoriums, stadium, shall be considered one seat), plus
sports arena, etc.) I space per 50 sq.ft, of assembly area without seats.
Pesonal Service Shop I space per 250 sq.ft, of gross floor area.
(Tanning salon, shoe repair, dry A minimum of 2 spaces shall be provided.
cleaner, etc.)
Pool Hall I space per 100 sq.ft, of gross floor area.
Racquet/Handball Court 2 spaces per court.
School (business, secretarial, 6 spaces per classroom and/or
industrial, technical, trade, etc.) I space per each additional 200 sq.fk of gross floor area in any administrative
office and/or teaching lab or shop.
School (college or university) 2 spaces per 1,000 sq.fi, of gross floor area used for academic purposes, plus
I space for each 4 student rooming units, plus
Additional spaces, as required, for other non-academic uses.
School (kindergarten, 2 spaces per classroom, and
elementary, or junior high) I space for each 200 sq.fi, of gross floor area of administrative office space.
School (senior high) I space per each 10 students for which the building was designed, plus
I space per classroom, plus
I space per 200 sq.fl, of gross floor area in any adminislrative office.
Title 21 Appendix: Page 40
Restaurant Smaller than 4,000 sq. ft.: 1 space per 150 . of gross floor area.
Cocktail Lounge 4,000 sq.ft, or larger: 20 spaces, plus I space per 100 sq.ft, of gross
Tavern floor area in excess of 4,000 sq.ft.
Restaurant 1 space per 50 sq.ft, of gross floor area.
(Fast food, drive-through) A minimum of 5 spaces shall be provided.
Retail Store --- small 1 space per 300 sq.ft, of gross floor area.
(under 15,000 sq.ft.)
Retail Store --- large 1 space per 200 sq.ft, of gross floor area.
(15,000 sq.ft, and larger)
Shops/stores for sales and 1 space per 600 sq.f~, of gross floor area.
service of machinery
Plumbing, heating, elec., 1 space per 600 sq.t~, of gross floor area.
and building supplies
Swimming Facility 5 spaces, plus
I space per 75 sq.ft, of gross surface water area.
Theater I space per 4 fixed seats.
Video Game Arcade 15 spaces per 1,000 sq.ft, of gross floor area.
Wholesale Establishment, I space per 2,000 sq.ft. (3 spaces minimum) for buildings up to 20,000 sq.ft.
Warehouse, Trucking, 1 space per 2,500 sq.ft. (10 spaces minimum) for buildings of 20,001 to
Freight Terminal 100,000 sq.ft, in size.
1 space per 3,000 sq.ft. (40 spaces minimum) for buildings larger than 100,0
00
sq.ft.
Uncovered Storage Area 1 space per 2,000 sq.ft, of area, plus
I space per anticipated company vehicle to be parked on the site at night on a
regular basis, and
I space per 300 sq.ft, of office space.
Title 21 Appendix: Page 41
Figure 740
INTERSECTION VISIBILITY
Tho ~]paco botw¢)on throe (3)
and eight (O) root nbovo
grade must ~:omain open.
Sight Distal~co Triangle
Title 21 Appendix: Page 42
Figure 840
PERMIT PROCESSING SUMMARY
Plan. Comm. Plan. Comm. Plan. Comm. City Council
DECISIONS Admin. Adtnin Public Open Open Open
Recommend Decision Meeting Hearing Hearing Hearing
Recommend Recommend Decision Decision
Type I Decisons 8: 8: (on appeal)
Type II Decisions
>- Short Subdivision 8: 8: (on appeal)
:~ Variance 8: 8: (on appeal)
:~ Admin. SUP 8: 8: (on appeal)
> Z.O. Spec. Exception 8: 8: (on appeal)
~- Minor Plat Amend. 8: 8: (on appeal)
>- SEPA Determination 8: 8: (on appeal)
>- Eav. Area Determin. 8: 8: (on appeal)
>- Design Review 8: 8: (on appeal)
>- Interpretation ~: 8: (on appeal)
Type III Decisions
>- Prelim. Subdiv. Plat
>- Final Subdiv. Plat
>- Vacation of Subdiv.
>- Planned Unit Dev.
>- PUD Major Amend.
>- Binding Site Plan
>- Non~admin. SUP
>- Rezone
>- Develop. Agreement
Type IV Decisions
> Annexation
>- Urban Renewal Plan
>- Dist./Neigh. Plan
>- Comp. Plan Amend.
>- Dev. Reg. Adopt.
>- Dev. Reg. Amend.
Shoreline Decisions
>- Sub. Dev. Permit ..... 8 .......... 8: (on appeal)
>- Cond. Use Permit 8: .......... 8: 8 (on appeal)
>- Variance 8: .......... 8: 8: (on appeal)
>- Permit Revision ..... 8: .......... 8: (on appeal)
> Master Program
Amendment
(legislative)
Title 21 Appendix: Page 43
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Figure 895(b)
CONTENTS OF NOTICE OF APPLICATION
Date of initial application.
Date o f the Letter of Completeness
Date of the Notice of Application
Description of the proposed project and its location
(include map when appropriate)
List of all permits/approvals that are part of tile
application package
Identification of other permits needed, if any, not
included in the application
Identification and location of any known related
envirorunental documents
Time limitations for tile public comment period and
statement of the right of any person to submit
comments or to request notification of' the decision
Statement of the public's right to participate in public
meetings and hearings, when scheduled
Statement of any appeal rights
Date, time and place of any scheduled public meeting
or hearing
SEPA threshold determination and scoping notice in
the case of a Determination of Significance (DS)
Name and phone number of staff contact person.
Title 21 Appendix: Page 46
Exhibit "A"
Title 21
Bremerton Municipal Code
Chapter 21.02
ZONING CODE
[Text of the Zoning Code, with Appendix]
Title 21
LAND USE
21.02 ZONING CODE
21.04 SHORELINE DEVELOPMENT
21.12 STATE ENVIRONMENTAL POLICY ACT
21.22 CRITICAL LANDS ORDINANCE
Chapter 21.02
ZONING CODE
Sections:
21.02.010 TITLE AND ENACTMENT.
21.02.020 PURPOSE.
21.02.030 GENERAL
INTERPRETATION.
21.02.040 BASIS FOR
DISCRETIONARY
DECISIONS.
21.02.050 INTERPRETATIONS OF
ZONING MAP.
21.02.060 ZONING UPON
ANNEXATION.
21.02.070 DEFINITIONS.
21.02.080 INTRODUCTION.
21.02.090 PLAN/ZONING
CONSISTENCY.
21,02,100 SECONDARY ZONES.
21,02,110 PHASING,
21,02,120 ZONE SUMMARY TABLE,
21.02,130 LOT REQUIREMENTS
TABLE,
21,02,140 LAND USE TABLES,
21.02,150 UNLISTED USES,
21,02.160 FRONT YARDS.
.21.02.170. SIDE YARDS,
21.02.180 REAR YARDS,
21.02.190 ACCESSORY USES AND
STRUCTURES.
'21.02.200 FLAG LOTS.
21,02.210 SETBACKS OF
ACCESSORY
STRUCTURES,
21.02.220 MEASURING HEIGHT OF
A STRUCTURE,
21,02,230 FENCES AND WALLS,
21,02.240 HOME OCCUPATION,
21,02.250 LIGHTING
REGULATIONS,
21,02,260 ROUNDING OF
FRACTIONS 01~
DWELLING UNITS.
21,02.270 MEASURING OF
SETBACKS,
21.02.280 DISH ANTENNAS.
21-1
21.02.290 CALCULATING LOT
AREA.
21.02.300 MINERAL RESOURCE
EXTRACTION
PROVISIONS.
21.02.310 MANUFACTURED HOMES
PROVISIONS.
21.02.320 RECYCLING
COLLECTION STATION.
· 21.02.325 ADULT BUSINESS
PROVISIONS.
21.02.330 SIGN PROVISIONS.
21.02.340 PURPOSE.
21.02.350 OUTLINE OF THE PUD
PROCESS.
21.02.360 CONCEPTUAL REVIEW.
21.02.370 NEIGHBORHOOD
MEETING.
21.02.380 PRELIMINARY PUD
APPLICATION.
21.02.390 DEVELOPMENT
COORDINATING
COMMITTEE.
21.02.400 PLANNING COMMISSION
RECOMMENDATION.
21.02.410 APPEAL TO CITY
COUNCIL.
21.02.420 CITY COUNCIL ACTION.
21.02.430 FINAL PLAN
APPLICATION.
21.02.440 DIRECTOR'S REVIEW OF
FINAL PLAN.
21.02.450 APPEAL OF DIRECTOR'S
DETERMINATION.
21.02.460 SCOPE OF PUD
APPROVAL.
21.02.470 ALLOWABLE USES.
21.02.480 GENERAL DEVELOPMENT
STANDARDS.
21.02.490 SPECIFIC DEVELOPMENT
STANDARDS.
21.02.500 PROJECT PHASING.
21.02.510 OPEN SPACE
GUARANTEE.
21.02.520 EFFECTIVE PUD PLAN.
21.02.530 CHANGES TO FINAL PUD
PLAN.
21.02.540 CONFORMANCE WITH
FINAL PLAN.
21.02.550 PERFORMANCE BOND.
21-2
21.02.560 REAL PROPERTY
RESTRICTIONS.
21.02.570 PENALTY.
21.02.580 INTENT.
21.02.590 GENERAL PROVISIONS.
21.02.600 PARKING LOT
CLASSIFICATIONS.
21.02.610 PARKING LOT
DEVELOPMENT
STANDARDS.
21.02.620 SITE PLAN
REQUIREMENTS FOR
PARKING LOTS.
21.02.630 I~ANDICAPPED PARKING
REQUIREMENTS. ~
21.02.640 SATELLITE PARKING
21.02.650 JOINT USE OF PARKING
FACILITIES.
21.02.660 FREIGHT LOADING
ZONES.
21.02.670 REQUIRED OFF-STREET
PARKING SPACES.
21.02.680 VIOLATIONS, PENALTIES
AND APPEALS.
21.02.690 INTENT.
21.02.700 APPLICABILITY.
21.02.710 LANDSCAPING
STANDARDS.
21.02.720 OUTDOOR STORAGE.
21.02.730 LANDSCAPE PLAN.
21.02.740 CLEAR VISION AREA.
21.02.750 OPEN SPACE.
21.02.760 PERFORMANCE
ASSURANCE DEVICE.
21.02.770 PURPOSE.
21.02.780 NONCONFORMING LOTS.
21.02.790 NONCONFORMING USES.
21.02.800 NONCONFORMING
STRUCTURES.
21.02.810 CONSTRUCTION IN
PROGRESS.
21.02.820 NONCONFORMING
SIGNS.
21.02.830 AMORTIZATION.
21.02.840 TYPE I ADMINISTRATIVE
DECISIONS
21.02.845 TYPE II ADMINISTRATIVE
DECISIONS ~
NOTICE.
21-3
21.02.850 TYPE IH CITY COUNCIL purposes:
DECISIONS. (a) To implement the City's
21.02.855 TYPE IV LEGISLATIVE Comprehensive Plan;
DECISIONS. (b) To protect the community's social
21.02.860 SHORELINE DECISIONS. and economic stability, as well as the positive
21.02.865 PLANNED ACTIONS. qualities and uniquecharacteristics of all areas
21.02.870 GENERAL PROCESSING throughout the community;
PROCEDURES. (c) To address both natural and
21.02.875 PROJECT PERMIT man-made environmental considerations as part
APPLICATION. of the land use and development permitting
21.02.880 PUBLIC HEARINGS. processes; and
21.02.885 DECISIONS. (d) To ensure the orderly and beneficial
21.02.890 TIME LIMITS ON development and use of all lands by:
DECISIONS. (1) Reserving, through zoning,
21.02.895 NOTICE. an adequate SUpply of developable land area for
21.02.900 DEVELOPMENT each major category of land use and in the most
AGREEMENTS. appropriate locations, as directed by the
21.02.905 SPECIAL USE PERMIT. Comprehensive Plan;
21.02.910 VARIANCE. (2) Preventing the
21.02.915 SPECIAL EXCEPTION. encroachment of incompatible uses; and
21.02.920 REZONE. (3) Providing clear concise
21.02.925 DEVELOPMENT regulations and development guidelines that are
REGULATION consistent with City goals and visions.
AMENDMENT. (e) To protect the health, safety and
21.02.930 SITE PLAN REVIEW. welfare of the public as a whole and not to create
21.02.935 APPEAL. a duty to protect any person or class of persons.
21.02.940 ENFORCEMENT OF (Ord. 4172, 1988).
ZONING CODE. (Ord. 4557, Amended, 6/13/96)
21.02.945 VIOLATION OF ZONING
CODE. 21.02.030 GENERAL
INTERPRETATION.
21.02.010 TITLE AND ENACTMENT. (a) Minimum Requirements
(a) This ordinance, consisting of text, All provisions of the Bremerton
maps, illustrations and related ordinances that Development Code shall be held to be the
may be incorporated by reference, is known as the minimum requirements necessary to promote the
"Bremerton Development Code". public health, safety, morals, and general
(b) All provisions of this ordinance have weffare.
been adopted by the Bremerton City Council (b) Interpretations
pursuant to Article XI, Section 11 of the The Director of Community
Washington Constitution. Development shall have the authority to make
(c) This code shall regulate the use and written interpretations when necessary for
development of all lands within the City limits of clarification or to resolve conflicts within these
Bremerton, with the exception of federally-owned regulations.
properties over which the City has no (c) Conflicts
jurisdiction. The provisions of the Bremerton
(Ord. 4172, 1988) Development Code shall govern when this code
(Ord. 4557, Amended, 6/13/96) imposes a greater restriction than is required by
other ordinances, regulations, easements,
21.02.020 PURPOSE. covenants, or other agreements. In the case of
This code has been adopted for the following internal conflicts within this code, the most
21-4
restrictive provision shall prevail. ROW, the boundary line is as drawn, based on the
(d) M/sinformation sca/e shown on the Zoning Map.
The City of Bremenon shall not be liable (Ord. 4557, Amended, 6/13/96)
for any misinformation regarding the Bremerton
Development Code that may be presented by an 21.02.060 ZONING 13PON
official or employee. ANNEXATION.
(e) Quantity If annexed property ha~ not previously
For the statements in this code, the received a zoning designation as part of
singular includes the plural, and the plural comprehensive planning under RCW 35.13.177
includes thesingular, and 178, the annexed property shall be
(f)Constmc~on adminis~trat~vely a~igned provisiona/ zoning
The Development Code shall be liberally under the City designation most similar to the
interpreted and construed to secure the public former County zoning. A Planning Commission
health, safety, morals and welfare, and the rules hearing to review provisional zoning shall be
of strict construction shan ~ave no application, conducted within sixty (60) days under
Ord. 4172, 1988) procedures for rezone petition at no cost to the
(Ord. 4557, Amended, 6/13/96) property owner.
21.02.040 BASIS lrOR (Ord. 4557, Amended, 6/13/96)
DISCRETIONARY
DECISIONS. 21.02.070 DEFINITIONS.
Goals, policies and objectives contained The following terms and definitions are
in the Bremerton Comprehensive Plan and other commonly used in the City of Bremerton in land
adopted documents that have been incorporated use planning, permitting and development. If a
into this code by reference, shall be used for specific term is not defined herein, nor in the
guidance by City staff, the Planning Commission, Glossary of the Bremerton Comprehensive Plan
and the City Council when processing or other ordinances that may be incorporated by
applications and making discretionary land use reference, it shall have its normal and customary
decisions, meaning within the context used.
(Ord. 4172, 1988)
(Ord. 4557, Amended, 6/13/96) ACCESSORY DWELLING UNIT (ADIJ), A
second dwelling unit added to or created within
21.02.050 INTERPRETATIONS OF an existing single-unit residential structure
ZONING MAP. (principal structure) or within a detached
The following rules apply to interpretations of the accessory structure (guest house, cottage, or as
Official Zoning Map: part of or above a garage) for use as a complete,
(a) Where a zone boundary is indicated independent or semi-independent living unit with
as approximately following a property line; the provisions for cooking, eating, sanitation and
property line is the zone boundary, sleeping, and which complies with the design
(b) Where a zone boundary is indicated standards contained in this code for ADUs.
as following a street or other fight-of-way, the Also see: STRUCTURE~ ACCESSORY.
centerline of the street or right-of-way is the zone USE~ ACCESSORY.
(c) Where a zone abuts or extends into a ACRE~ GROSS. A measure of total land area,
lake or into Puget Sound, the zone boundary equal to 43,560 square feet. Allowed residential
extends into that body of water to the full limit development densities are based on this figure in
and territorial extent of the jurisdiction and the CityofBremerton.
control of the City.
(d) Where a zone boundary is not ACRE~ NET. A measure of land area after
indicated to follow a property line, street, or other subtracting public streets, other rights-of-way,
21-5
and other unusable or undevelopable areas, adornments.
ADJOINING. Property that touches or is ANTENNA TOWER. The tower, mast, pole or
directly across a right-of-way, other than a other support structure used to hold an antenna in
limited access highway or arterial with four lanes place or to elevate it to a higher level. The
of traffic or more, from the subject property, antenna itself is generally considered an
architectural appurtenance, but its tower structure
ADMINISTRATIVE APPROVAL A permit is oflen more extensive and may require
or other approval that is granted directly by the additional plans and approvals.
Director of Community Development or his/her
authorized signatory and generally without a APPEAL. A formal request made during a
public hearing or approval of a committee, specified period of time following a decision,
commission or other body. asking that the decision be reconsidered by a
higher authority, usually following a public
ADULT BUSINESS. A business which is either hearing, in accordance with the procedures of this
an adult theater, adult bookstore, massage parlor code.
as defined in BMC 5.92, or adult cabaret.
APPLICANT. A person submitting an
ADULT Tl~EATER. An establishment which application for any permit or approval required by
presents material relating to sexual activities and the City and who is the owner of the subject
specified anatomical areas for observation and property or an authorized agent of the owner.
restricted to adult audiences.
APPURTENANCE (or APPENDAGE). An
ADULT BOOKSTORE. An establishment that architectural feature, decoration, etc., that ha.n
has a significant portion of its stock and trade in been added to or extends outward from the
publications relating to specified sexual activities exterior of a building and is not a primary
or specified anatomical areas, component of the structure itself. Such
appurtenances as bay windows, low decks, open
ADULT CABARET. An establishment that porches, awnings, chimneys, and other features
features entertainers or attendants dressed so as to are sometimes given full or partial exemption
emphasize specific anatomical areas or whose from setback or other building regulations.
performance or other activities include or mimic
specific sexual activities. ARCADE. A place of amusement consisting
primarily of games of skill, such as video games,
ALLEY. Any public right-of-way or pin-ball machines, and carnival-style skill games.
thoroughfare having a typical width of at least ten An arcade may be a primary use or may be
(10) feet, but generally not more than thirty (30) accessory to another use such as a restaurant,
feet, which has been dedicated or deeded to the bowling alley, hotel, terminal, etc.
public for public use and which affords only
secondary means of access to abutting properties, ART GALLERY. For purposes of zoning, an
primarily for service purposes, art gallery is a business establishment or other
private or public place intended primarily for art
ALTERATION, STRUCTURAL. Any exhibitions where people may view and/or
changes in the supporting members of a structure, purchase paintings, sculptures, or other works.
to the configurations of the roof or exterior walls, An an "studio" is a common accessory use.
or repairs that would prolong the life of the
supporting members of a building or structure. BAY WINDOW. A window jutting outward
This definition does not include minor actions from an exterior wall of a structure and forming
such as adding a doorway or window, or an alcovewithin.
attaching architectural features, appurtenances, or
21-6
BED AND BREAKFAST. A single-unit waxing, polishing, and general cleaning of
dwelling in which rooms or other overnight automobiles, small tracks, light utility vehicles
accommodations are rented to transient persons and small recreational vehicles, but that is not
by the resident household. Meals may be designed to handle larger commercial trucks and
included. This does not include group homes, buses. It includes self-service, full-service, and
automated car washes and auto detailing
BOARDING OR ROOMING HOUSE. A services.
single-unit residential structure in which rooms
without kitchens are provided for non-transient CENTER~ COMMUNITY QR
persons with or without meals. This does not NEIGHBORH(~OD. A facility provided for
include group homes, social gatherings, special events, dinners, dances,
meetings, lectures, exhibits, games, limited
BUFFERING. A structural, earthy, or recreation, and other functions of interest to
vegetative form used to minimize the impacts of persons of all ages in a particular neighborhood
one land use upon another. A buffer may include or the community and generally owned and
any one or a combination offences, walls, berms, operated by a public agency or public non-profit
high shrubs, trees, or other landscaping, organization.
Distance separation is also a form of buffering.
CENTEI~ SENIOR. A special purpose facility
BUILDING CODE. The Uniform Building designed and equipped to serve the social and
Code and related codes as amended and adopted recreational needs and interests of senior citizena
by the City of Bremerton. and offering the same general types of activities
available in a neighborhood or community
BUILDING ENVELOPE. The center.
three-dimensional space within which a structure
is permitted on a lot and which is defined by CENTER~_ YOUTH OR TEEN. A special
building height, setbacks, and lot coverage purpose facility offering some or all of the types
regulations, of activities commonly found in a community or
neighborhood center but tailored specifically to
BUILDING LINE. A line on a lot, generally provide for the needs and interests of the
parallel to propen3~ lines and located a sufficient under-21 age group.
distance from the property lines to provide the
minimum yard areas required by this code. The CENTRAL BUSINESS DISTRICT (CBD). A
Bmlding Line establishes the area within which geographical area (not a zone), bounded.,.
buildings are permitted and does not necessarily 1. On the south: Puget Sound Naval
correspond with the location of any existing Shipyard (PSNS);
structures or other improvements. 2. On the west: Rear property lines of
all properties immediately adjacent to and west of
CARETAKER. A person who maintains or Warren Avenue;
watches over someone else's land or property on a 3. On the north: Rear property lines of
part-or full-time schedule. The caretaker may be all properties immediately adjacent to and north
accommodated in a dwelling provided on the of Six, ah Street; and
property or may live elsewhere. 4. On the east: Port Washington
Narrows outer harbor line.
CARETAKER RESIDENCE. An accessory
residential unit provided by the owner of a CFIANGE OF USE. A change in the oc. xmpancy
property to be used exclusively as living quarters of a property or building from one use listed in
for the caretaker(s) of that property, the Land Use Tables to another use listed in those
tables.
CAR WASH. A business engaged in washing,
21-7
CHARLESTON BUSINESS DISTRICT. An CRITICAL LANDS ORDINANCE.
area consisting of all properties that front on Bremerton Ordinance No. 4422 (as amended)
Callow Avenue south of Eleventh Street and which includes provisions to classify, protect, and
north of First Street as well as other lands as preserve Bremerton's critical areas; provides
designated in the Charleston Neighborhood Plan. standards to manage development in association
(See Figure 070(a).) with these areas; and designates some of these
areas as environmentally sensitive in accordance
CHURClt/RELIGIOUS INSTITUTION. An with the State Environmental Policy Act (SEPA).
establishment primarily intended for the
conducting of organized religious services and DAY CARE FACILITY. A facility licensed by
related activities, which may include religious the State of Washington and approved by the City
education, meeting halls, and kitchens or places to provide regular care for adults or children for
for personal worship or meditation but do not periods of less than 24 hours. Facilities
include pre-schools, parochial schools, day care providing care for 13 or more persons are
facilities, major recreational facilities, vehicle or regulated by Special Use Permit. Smaller
equipment storage yards, or other functions that facilities are allowed but not regulated by the
are not clearly a necessary or integral part of the City.
religious institution.
DECK. An open platform wider than 18 inches.
CITY. When capitalized and used alone, A deck may be free-standing, cantilevered from a
without a specifically named city, "City" shall building, or connected to the ground with steps or
mean the City of Bremenon, Washington. ramps. A deck that is higher than 30 inches
above finish grade may be referred to as a raised
CLINIC. An establishment used for the mental deck, a rooftop deck, a balcony, or other suitable
and physical care of human patients, but which tenn.
excludes facilities for overnight patient care.
DELICATESSEN. An establishment selling
COMPREHENSIVE PLAN. The 20-year cooked or preserved foods such as meats,
comprehensive land use, transportation, housing, prepared salads, desserts, cheeses, pickles,
utilities, and capital facilities plan adopted by the sandwiches, soft drinks, etc., generally for
City and periodically revised in accordance with consumption off the premises.
the adopted schedule for review and revision, and
to maintain compliance with the Growth DENSITY. A measure of residential
Management Act of 1990, as amended, concentration, usually expressed as the number of
dwellings per acre of land. For example, a 100
CONVALESCENT / NURSING HOME. An acre area containing 300 dwellings has a "gross"
establishment licensed by the State of density of three dwellings per acre. "Neff
Washington as a facility providing full-time care density is determined by using the acreage total
for individuals who are unable to care for after all undevelopable areas (streets, open space,
themselves by reason of chronic illness or wetlands, etc.)have been removed. The U.S.
infirmity. This does not include hospitals, Census Bureau defines "rural density" as 200
sanitariums, or treatment centers, persons per square mile or about one dwelling per
ten acres.
CRITICAL AREAS. Areas with a critical
recharging effect on aquifers used for drinking DENSITY BONUS. Additional residential
water, fish and wildlife habitat conservation dwelling units that may be approved through the
areas, frequently flooded are~, geologically Planned Unit Development process, in excess of
hazardous areas, wetlands, and streams, as the maximum base density allowed in that zone,
defined in the City's Critical Lands Ordinance. when additional open space or other amenities are
provided.
21-8
DENS.ITY, MAXIMUM ALLOWABLE. The DUPLEX. A structure containing two dwelling
number of dwellings per gross acre as stated for units on a single lot.
each zone in the "Lot Requirements" table, plus
any additional units that may be allowable as a DWELLING: . CONVENTIONAL. Any
density bonus through the Planned Unit building or structure that is built or assembled (in
Development process, the case of a modular structure) on the site and in
conformance with the provisions of the Uniform
DEPARTMENT STORE. A retail commercial Building Code Cu'BC).
store that consists of a variety of specialty
departments that are interconnected within the DWELLING~ . MODULAR or FACTORY
same structure and under the same ownership, BUILT. Buildings or structures that are
such as jewelry, clothing, shoes, automotive constructed primarily in a factory and transported
products, sporting goods, etc. to the site for assembly or installation. All
temporary wheels, axles, and other appliances
DETOXIFICATION CENTER. A facility used in the transport are removed at the
providing for the care and treatment of an destination and thc structure is permanently
intoxicated person during the period in which the placed, unless approved as a temporary placement
person recovers from the transitory effects of by the City. Such structures are constructed to
acute intoxication, the standards of either the Uniform Building
Code COBC), or the HUD Code. (Also see:
DIRECTOR. When used alone and capitalized Manufactured Home)
within the Development Code, "Director" shall
mean Bremerton's Director of Community DWELLING:. MULTI-UNIT STRUCTURE.
Development. A structure containing three or more dwelling
units. (Also referred to as "multi-family"
DISH ANTENNA. A ground-placed or structure.)
structure-mounted parabolic receiver, generally of
metal or fiberglass construction, designed to DWELLING: SINGLE-UNIT STRUCTURE.
receive signals being broadcast for processing and A structure containing one dwelling unit. (Also
display on a television or other receiver. Such referred to as a "single-family" dwelling, or a
dishes are available in a variety of sizes, but "house".)
generally not larger than twelve feet in diameter
for home use. Non-commercial dish antenna are DWELLING: SINGLE-UNIT ATTACHED.
accessory uses and subject to all site development Two single-unit dwellings (houses) that are
requirements of this code. Dish antenna that are attached at a common side lot line with each
intended for commercial purposes are considered dwelling located entirely on its own lot. This
to be communications systems and may require a does not include row houses or other housing
Special Use Permit or other approval, types having more than two attached units.
DRINKING PLACE. An establishmentselling DWELLING UNIT. A living space or
intoxicating beverages for consumption on thc combination of rooms designed to Provide
premises, independent year-round living facilities for one
family or household, constructed to the minimum
DRIVE-THROUGH FACILITY. An standards of the UBC or HUD Code, and with
automobile-oriented facility designed primarily provisions for sleeping, eating and sanitation.
for drive-through trade, and which provides
service and caters to patrons while in their motor FACTORY OUTLET. A retail store that sells
vehicles. This does not include gas stations, products predominantly from a single
service stations, and autorepairgamges, manufacturer. It may be within the same
building or on the same site as its manufacturing
21-9
facilities, or at another location. A single measured from the exterior faces of exterior
manufacturing business may have many factory walls; including glazed or screened porches.
outlet stores, often located with similar stores in
"outlet malls". When sited independently of its GROUP RESIDENTIAL FACILITY m
manufacturing facilities, a factory outlet store is CLASS I. A group care residence for children
permitted in the same manner as any other retail and adults who for various reasons cannot reside
store selling similar merchandise, in their natural homes; and/or for persons who
have severe chronic disabilities or physical
FENCE. A structure built to prevent escape or handicaps that cause substantial functional
intrusion, or to provide privacy, screening, or limitations. This facility may provide physical
buffering from noise or other undesirable impacts therapy and training in social skills. It does not
or activities beyond the property line. Also include facilities to which persons are assigned as
includes freestanding walls, a result of criminal conviction or those where
residents, individually or by their legal guardians,
FOOD/BEVERAGE TAKE-OUT, A business are not free to terminate their residency at will.
establishment that specializes in fast service sales 1. Class I -- Small: A total of six or
of limited food products such as sandwiches, hot fewer persons, including staff, whose permanent
dogs, packaged lunches, and hot and cold drinks, residence is the group residential facility.
and that has no indoor customer seating. Such 2. Class I -- Large:. A total of seven or
facilities may include pedestrian oriented or more persons, including on-dutystaff.
vehicular drive-through food booths, espresso
stands, juice bars or similar facilities. Such GROUP RESIDENTIAL FACILITY --
facilities are located on permanent sites and CLASS IL A group care residence for juvenile
should not be confused with street vendors, delinquents, the mentally ill, persons serving a
sentence in lieu of confinement, persons needing
FOSTER HOME. A dwelling unit in which a correctional or mental rehabilitation, or persons
full-time resident provides temporary care and needing rehabilitation and treatment for social
supervision on a full-time basis to not more than and/or family problems, drag or alcohol
six foster children, three expectant mothers, or addiction, or abuse. This definition includes
three other adults requiring full-time care. programs providing alternatives to imprisonment;
transition back into the community including
GRADE. The lowest point of elevation of the pre-release, work-release, and probationary
finished surface of the ground, paving or sidewalk programs that are under the supervision of a
within the area between the building and the court, State, or local agency. Teaching of work or
property line. When the property line is more social skills may be provided in this class facility
than five feet from the building, grade is the but it does not include chug or alcohol
lowest point of elevation of the finished surface detoxification centers.
between the building and a line five feet Rom the 1. Class II --- Small: A total of six or
building. For structures built over water, grade fewer persons, including staff, whose permanent
shall mean the elevation of ordinary high water, residence is the group facility.
2. Class II -- Large; A total of seven or
GRADE~ EXISTING. The grade or more persons, including resident staff.
topography existing prior to any excavation,
clearing, grading or filling. HOMEOWNERS ASSOCIATION. An
association of homeowners that has responsibility
GREENFIOUSE. See "Nursery and for commonly owned property within its
Greenhouse" residential development and which enforces
covenants and restrictions on commonly owned
GROSS FLOOR AREA. The sum of all areas or private property.
horizontal areas of floors of a structure when
21-10
HOME OCCUPATION. Any non-residential
use carried out for monetary gain, which is KENNEL. An establishmentwherefiveormore
secondary to the use of the property for residential domestic animals older than six months are kept,
purposes, and which is operated in accordance whether for compensation or not. This does not
with the Home Occupation standards of this include veterinary clinics/hospitals, pet shops or
code. zoos.
HOSPITAL. A licensed institution providing LANDSCAPING. The arrangement and
primary health care services and medical or planting of trees, grass, shrubs and flowers, and
surgical care to persons, primarily inpatients, the placement of fountains, patios, street
suffering from physical or mental conditions, and furniture, berms, walls, ornamental concrete or
which may include related facilities as an integral stonework and other features to achieve an
part of the institution, aesthetically pleasing outdoor space.
HOTEL. An establishment that offers transient LOADING AREA. An area designed and
lodging accommodations to the general public, intended for the temporary parking of a vehicle
and which may provide such related services such while loading or unloading passengers,
as restaurants, meeting rooms, girl shops, beauty merchandise or other materials.
shops and recreational facilities.
LOT. Any area, h-act or parcel of land owned by
HOTEL~ RESIDENTIAL or INN. A hotel or under the lawful control and in the lawfifl
that is oriented toward medium-term or long-term possession of one distinct ownership undivided by
residents, with rooms offered at a weekly or a dedicated street or alley or another ownership,
monthly rate. Such a facility might also be and which has a minimum of twenty feet of
oriented toward seasonal residents, persons with a frontage on a street.
particular need or income level, or persons
employed in the area for a short time. LOT AREA, The area within the boundary
lines of a lot. When creating new lots through
HOUSEHOLD. All persons, regardless of age, the subdivision or short plat process, the area of
sex, or family relationships, that reside as a single each new lot shall not include public and private
unit in a dwelling intended for single household streets, wetlands, and other areas that may be
occupancy. Such group quarters facilities as restricted from use or from the types of
dormitories, boarding houses, nursing homes or development allowed by the zone in which the
similar accommodations typically do not provide property is located. (See Figure 070(c).)
facilities for households.
LOT~. CORNER. A lot abutting two or more
IMPERVIOUS SURFACE. Any material streets at their intersection.
which reduces or prevents absorption of
stormwater into previously undeveloped land. LOT~. FLAG. A lot with access to its street by
way of a narrow strip of land having a minimum
JUNK YARD. A place where discarded or width of twenty (20) feet. A flag lot consists of
salvaged materials are bought, sold, exchanged, two parts.
stored, baled, packed, disassembled, or otherwise 1. The "flag" or main body of the lot;
handled. This includes automotive wrecking and
yards; house wrecking yards, and storage of 2. The "panhandle" or narrow access
structural steel materials and equipment, but does way connecting the body of the lot to the street.
not include used or salvaged machinery in
operable condition nor the preceding of used, LOT~. TItROUGIt. A lot, other than a comer
discarded or salvaged materials as a minor part of lot, that has frontage on two streets.
manufacturing operations.
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LOT~._WATERFRONT. A lot of which any
portion abuts wetlands. MANUFACTURED HOME. A residential unit
on one or more chassis for towing to the point of
LOT COVERAGE. That portion of a lot usc to be used with a foundation as a dwelling
covered by the roof areas of all structures, but not unit. This unit shall bear an insignia issued by a
including driveways, walkways, patios and low State or Federal regulatory agency indicating that
open decks, thc manufactured home complies with all
applicable construction standards of the U.S.
LOT DEPTH. The horizontal distance between Department of Housing and Urban Development
the front and rear property lines of a lot, (HUD). Commercial coaches, recreational
measured along a line midway between the side vehicles, travel trailers, and motor homes are
property lines. The depth of an irregular lot or a neither manufactured homes nor dwelling units.
lot having more or fewer than two side lots lines (See "Mobile Home")
will be determined in the most reasonable
manner, based on the lot's longest average MARINA. A facility which provides moorage
dimension, or wet or dry storage for watercraft or float
planes, and which may offer marine-related sales
LOT LINE~. FRONT. Any pwperty line that and services.
abuts a public street, private street, or alley (if no
street frontage) is considered a frontage and shall MOBILE HOME. A residential unit similar to
meet the minimum lot frontage development a Manufactured Home but constructed prior to
requirements of this code, unless otherwise June 15, 1976 and not in compliance with the
designated through approval of a Zoning federal Manufactured I-Ionsing Construction and
Ordinance Special Exception. Safety Standards Code (HUD Code) which was
enacted at that time. Mobile Homes are
LOT LINE~. REAR. The property line most accommodated within some existing mobile home
opposite or most distant from the designated front parks but not on individual lots within the City of
lot line and that does not intersect any front lot Bremerton. (Sec "Manufactured Home")
line. Comer lots often have no rear lot line. In
the case of a waterfront property, the rear lot line MOTEL. A facility that offers transient lodging
is that which adjoins the ordinary high water linc accommodations to the general public, with at
(OHWL), unless granted a Zoning Ordinance least 25 percent of all rooms having direct acc, e~
Special Exception. to the outside without the necessity of passing
through the main lobby of the building. A motel
LOT LINE~. SIDE~ Any lot line that is not a may include in-room kitchen facilities and may
front or rear lot line by definition, and any lot offer laundry facilities, exercise rooms, pool,
line that intersects a front lot line. flower and gift shops, travel services, restaurant,
banquet and convention facilities as accessory
LOT WIDTH. The average horizontal distance functions.
between side lot lines, measured at right angles to
the lot depth line. Determining the width of an MUSEUM. A building, room, vessel (boat or
irregular lot may require reasonable modifications ship), or site intended for the preservation and
to this procedure, exhibition of artistic, historical, or scientific
objects. In the interests of local historic
MANETTE BUSINESS DISTRICT. All preservation, the Land Use Tables allow the use
properties in the vicinity of the east end of the of historically significant buildings in residential
Manctte Bridge that are included in the General areas to be used as museums.
Business (GB) zone and that may be further
expanded through subsequent rezones. (See NONCONFORMING LOT. A lawfully created
Figure070(b).) lot which has characteristics that no longer
21-12
conform to the applicable standards and land occupied by buildings or structures, nor
regulations for the zone in which it is now other impervious surfaces that are not related to
located, the open space.
OUTDOOR STORAGE. See "Storage Yard".
NONCONFORMING STRUCTURE. A
structure that was legally constructed under the OVERLAY ZONE. A set of land use and
codes in place at that time, but does not comply development requirements designed to be applied
with currently required setback, height, lot over, or in addition to, the requirements of the
coverage, or other development standards of the underlying zone for a specific purpose without
zone m which it is now located, removing or modifying the underlying zone.
Common examples are design review overlays
NONCONFORMING USE. Any activity, and parking overlays.
development or condition that was legally
established prior to the effective date of this or PARCEL. A continuous quantity of land in
other applicable code requirements and which single ownership or under single control,
would not be permitted under today's codes, consisting of one or more lots, and considered a
(Such uses are often referred to a "grandfathered" unit for purposes of development. (See "Lot")
and may continue to exist and operate legally.)
PAVED SURFACE. A surface paved with
NURSERY and GREENHOUSE. Facilities asphalt, concrete, concrete pavers, or brick but
used for the propagation and sale of agricultural excluding gravel, crushed rock, and similar
or ornamental plants and related products: materials,
1. Retail Nurse~/Greenhouse: Offers
products to the general public including plant PERSONAL SERVICE BUSINESS. An
materials, planter boxes, fertilizer, sprays, garden establishment engaged primarily in providing
tools, and related items, services involving the care of a person or apparel,
2. Wholesale Nursery/Greenhouse: such as; shoe repairs, laundry and dry-cleaning,
Raises nursery stock for sale to retail nurseries or beauty and barber shops, clothing/costume rental,
other businesses, tanning, other personal grooming facilities and
3. Greenhouse: A nursery facility domestic assistance services. This does not
constructed with transparent or translucent include massage parlors, health care services,
materials for indoor propagation of plants. A exercise establishments, nor funeral services.
private greenhouse with no commercial sales is
considered an accessory use. PIER. A fixed structure, or a permanently
moored floating structure, built over tidelands or
OPEN SPACE. Any area which provides shorelands, and used for a marine landing or
physical or visual relief from the developed moorage for watercraft.
environment. It may consist of lands that are
improved or unimproved, and public or private. PLANNED UNIT DEVELOPMENT. (PUD).
Within the urban environment, open space may An area to be developed as a single entity in
include linear streetscapes, view comdors, accordance with an approved Site Plan, in which
shoreline areas, mini-parks, pedestrian corridors, more than one zone may be combined, flexibility
and areas reserved or used for stormwater of development standards may be approved, and
retention, drainage, wetland protection, etc. For a variety of compatible uses may be permitted
zoning and developmem purposes, specffic areas through a public master-planning process.
may be required for outdoor recreation, resource
or sensitive areas protection, amenities, safety, or PORCH. A roofed open area attached to a
buffeting. The calculations of areas designated to building or other structure, usually at an entrance
meet open space requirements may not include to the structure. A porch that is enclosed, glazed
driveways, parking areas, required yard areas, or screened, may lose its status as an
21-13
appurtenance. RECYCLING COLLECTION STATION
(LIMITED). A recycling collection station for
PRIVATE CLUB OR LODGE. Structures, the collection of glass, tin cans, aluminum,
facilities and grounds owned or operated by a cardboard, newspaper, mag~?.ines, plastics, and
private or fraternal organization for use by its other recyclables in small units, but not including
members and guests, large appliances, furniture, auto parts, tires,
ha?ardous or liquid wastes, or any forms of
PUBLIC FACILITIES. Facilities provided for domestic garbage (putrescible wastes).
the benefit of the general public including streets,
roads, highways, sidewalks, street and road REHABILITATION. The upgrading of a
lighting systems, traffic signals, domestic water building from a dilapidated or substandard
systems, storm and sanitary sewer systems, parks condition.
and recreational facilities, public schools, and
other public buildings. RESIDENTIAL,. AS SECONDARY USE.
When permitted in a non-residential zone, a
PUBLIC SERVICES. Services provided for the residential land use is not always accessory to
benefit of the general public, including fire other uses, but is considered secondary and
protection and suppression, law enforcement, subordinate to the principal uses of that zone.
public health, education, information, recreation, Residential uses are placed in locations that don't
environmental protection, development conflict with street level frontage locations that
assistance/permitting, etc. are reserved for retail, office and other business
uses that comprise the primary function of that
RECREATIONAL VEHICLE. A motorized or zone. (See design standards)
nonmotorized vehicle designed and manufactured
for recreational use, including but not limited to RESTAURANT. A conunercial use (excluding
boats, travel trailers, snowmobiles, go-carts, fast food establishments) which sells a variety of
motorcycles, etc. prepared food and beverages and provides
accommodations for consuming those products on
RECREATIONAL VEHICLE PARK. A the premises.
facility designed to provide two or more sites on
which to park travel trailers, motor homes or RESTAURANT~ FAST FOOD. An
similar recreational vehicles for periods not to establishment whose principal business is the sale
exceed 30 days. Accessory uses to an "RV Park" of a limited variety of pre-prepared or rapidly
often include a swimming pool, playground prepared food and beverages directly to the
equipment, convenience store, bathing and consumer for consumption either on or off
laundry facilities, and other camping/travel premises. Food is generally not served to the
services, customers' tables, but is more often dispensed
through a walk-up counter or drive-through
RECYCLING CENTER. A facility for the take-out window.
collection, storage and processing of recyclable
materials including crushing, breaking, sorting, REZONE. A formal amendment to the Official
packaging and related operations. A "junk yard" Zoning Map of the City of Bremerton to change
is not a recycling center, the zone designation of one or more lots. (also
referred to as a Zoning Map Amendment)
RECYCLING COLLECTION STATION. A
facility consisting of structures, bins, or other SETBACK. The required horizontal distance to
containers designed or intended for the collection be maintained between the finished exterior wall
and temporary storage of recyclable materials of a structure and the lot line of the lot on which
until they are picked up and transported to it is located. These are commonly referred to as
another location for processing and/or packaging, front, side and rear setbacks.
21-14
Site Plan guidelines and requirements.
SETBACK~ PERIMETER. In a Planned Unit
Development, the required distance between the SITE PLAN REVIEW. An administrative
allowed building envelope and the exterior lot review process to ensure that a development
lines that define the PUD. This does not apply to proposal, as described in the Site Plan and
interior lots. accompanying materials, meets all applicable
code requirements, is properly served with needed
SCHOOLS: utilities, and can be cleared for development
PUBLIC. An institution of learning permits. Through this process, specific
operated by a public school district and including adjustments may be required to ensure that the
colleges, project will not be aesthetically or functionally
PRIVATE. Includes private colleges, disruptive to surrounding properties, the
Montessori schools, and other privately owned neighborhood, or the community.
and operated schools.
PAROCHIAL An institution having a SPECIAL USE PERMIT. A permit which
curriculum substantially equivalent to that of a must be acquired before a land use that is listed in
public school but supported and controlled by a the Land Use Tables as "SUP", and not permitted
church. These are allowed wherever "public" "outright", can be constructed or approved in
schools are permitted, those zones. Some uses that are not listed at all
BUSINESS & TRADE. An iustimfion in the Land Use Tables may be approved by the
providing instruction and training in a specific Planning Commission through the SUP process
service, art, or trade such as secretarial, real
estate, travel, auto or machinery repair, welding, SPECI]gIEI) ANATOMICAL AREAS.
etc. These fall into the category of "Private 1. Less than completely and opaquely
Educ. Facilities" in the zoning Land Use Tables. covered areas of the human body:
a. Genitals and/or pubic
SIDEWALK VENDOR, One who sells edible region;
or non-edible merchandise from a stand, booth, b. Buttocks;
cart, basket, tray, table or other device on any c. Breast below a point
sidewalk, street, highway or public place. (Not a immediately above the top of the areola;
"land use") 2. Human male genitals in a turgid
state, even if completely and opaquely covered.
SIGN. Any communication device, structure, or
fixture which is intended to identify a building, SPECIFIED SEXUAL ACTIVITIES.
use, business, or event; or to promote the sale of 1. Human genitals in a state of sexthal
products, goods or services; using graphics, stimulation or arousal;
letters, figures, symbols, trademarks or written 2. Acts of human masturbation; sexual
copy. Painted wall designs or patterns which do intercourse or sodomy; sadism and masochism;
not represent a product, service or registered or other explicit sexual behavior.
trademark, and which do not identify the user, are 3. Fondling or other erotic touching of
not considered signs. (See "Sign Provisions" of human genitals, pubic region, buttocks or breast.
this code)
STORAGE YARD. An outdoor area where
SITE PLAN. A plan, prepared to scale, vehicles, equipment, merchandise, raw materials,
showing accurately and with complete or other items are accumulated and stored for an
dimensions, all land uses, buildings, strum, indefinite period until needed. Storage yards are
sensitive areas, ingress and egress, and other often used in conjunction with a warehouse,
details needed to describe and obtain City storage buildings, sheds or other structures and
approval of a development proposal. The Site may be public or private. Unless a function of a
Plan must be prepared in accordance with City government agency or public utility, storage yards
21-15
are considered accessory to a business or other be an accessory use to a retail business or other
principal use. use.
STORY. That portion of a building that extends TOWNItOUSE. For purposes of this code, a
from the floor surface to the surface of the floor townhouse is a single-unit structure in a row of at
above or, in the case of a top floor, to the ceiling least three such units in which each unit has its
or roof above, ff a finished floor level is more own front and rear access to the outside, no unit
than six feet above the finished grade for more is located over another, and each is separated
than fifty percent of the total perimeter, the area from any other unit by one or more common fire
beneath that floor shall be considered a story, resistant walls. Ownership of each unit includes
ownership of an individual parcel of land beneath
STREET. The improved section of any public the unit and usually includes a privately-owned
or private right-of-my intended primarily for outdoor area as well (private yard or open space).
motor vehicle travel and which affords the The remainder of the grounds, private streets or
principal means of access to abutting property, driveways, and recreational facilities are owned
together with bicycle lanes, sidewalks, and related in common, similar to condo ownership.
improvements.
TRANSIENT PERSON. A temporary lodger
STREET~ PRIVATE. A parcel at least 20 feet who stays no longer than 30 days per visit.
in width, created specifically to provide motor
vehicle access to abutting properties, the owners URBAN GROWTlt AREA. An area
of which share in its ownership and maintenance designated by Kitsap County within which urban
responsibilities, growth will be encouraged and supported with
mban level utilities and services. The UGAs are
STRUCTURE. That which is built or designed to accommodate the next twenty years of
constructed, urban growth and will be periodically revised as
growth occurs.
STRUCTURE~. ACCESSORY. A structure
that is incidental and subordinate to a principal USE. The purpose or activity for which land or
structure and which is customarily found in improvements are intended, occupied or
connection with the principal structure and maintained.
located on the same lot or parcel.
USE~ ACCESSORY. A use which is incidental
STRUCTURE~_ PRINCIPAL, A structure and subordinate to a principal use, which is
containing one or more principal uses, as customarily found in connection with the
permitted by the zone in which the property is principal use, and which is located on the same
located, lot or parcel. (Examples include private garage,
hobby shop, work shop, personal greenhouse, and
STRUCTURE~. TEMPORARY. A structure required off-street parking.)
which does not have, nor is it required by the
Uniform Building Code to have, a permanent USEr. PRINCIPAL. The primmy or main use
attachment to the ground but is subject to conducted or allowed on a lot or parcel.
building permits. Accessory uses cannot exist without a principal
use on the same lot or parcel.
STUDIO. A loft, room, group of rooms or
building in which an artist works. This includes IISE~o SPECIAL. A use that is not permitted
facilities for the product/on of photographic "outright" but is listed in the Land Use Tables as
works (still or motion), painting, sculpture, "SUP" and approved through the Special Use
dance, music or similar activities. A studio is Permit process. Uses that are not listed at all in
often found in combination with a gallery or may the Land Use Tables may also be considered for
21-16
approval through the SUP process. Figure 070(d).)
FRONT YARD: The yard area
USE~ TEMPORARY. A use which may occur extending the full width of the front of a lot
on a lot on a short term or seasonal basis for a between the front property line (lot line) and the
prescribed period of time which usually would not float building line.
exceed six months duration. REAR YARD: A yard extending the
full width of the lot between the rear property line
USEr UNLISTED. A use which is not (lot line) and the rear building line. When
specifically listed anywhere in the Land Use irregular lots, through lots, and comer lots have
Tables. no rear lot lines, they will have no rear yard areas
as defined.
VARIANCE. Official permission to be relieved SIDE YARD: A yard between the side
from specific development code requirements that lot line and the side building line and extending
cause an unusual or unreasonable hardship due to from the front yard to the rear yard. Triangnjl_ar
the physical characteristics of the site or existing lots, comer lots, or other irregularly-shaped lots
improvements, may have only front and side yards. Through lots
generally have two front yards and two side yards,
VESTING. A fully completed development but no rear yard as defined.
application is 'Nested" at the time it is received by
the permitting authority. The development may YARD, CONSTRUCTION OR STORAGE.
then be processed, permitted and carried out See "Storage Yard".
under the zoning, land division, and other
regulations that were in effect when vesting ZERO LOT LINE. The location of a building
occurred, on a lot in such a manner that one of its sides
rests directly on a side lot line with no setback.
VISION TRIANGLE. A triangular shaped area (Ord. 4557, Amended, 6/13/96)
at an intersection within which nothing is
erected, placed, planted or allowed to grow in 21.02.080 INTRODUCTION.
such a manner as to limit or obstruct the sight Zoning is the primary implementation
distance of motorists entering or leaving the tool of the City's 20-year Comprehensive Plan.
intersection. The Plan's land use designations provide the basis
for the Zoning Map which breaks each of those
WEST BREMERTON LIMITED PARKING designations down into more specific "zones".
AREA. An area of Bremerton bounded as Each zone includes the City's standards and
follows but not including the Central Business development requirements, most of which are
District as defined herein: contained in tiffs Development code, for
1. On the west by Wycoff Avenue. development within each of the zoning districts.
2. On the north and east by Port The following zones are included herein. (See
Washington Narrows. Figure 080, ZONES.)
3. On the south by Puget Sound Naval
Shipyard. (Ord. 4557, Amended, 6/13/96)
WETLANDS OR WETLAND AREAS. All 21.02.090 PLAN/ZONING
marshes, bogs, swamps, floodways, and CONSISTENCY.
floodplains associated with the streams, lakes and Regulations used to implement the
tidal waters which are subject to the provisions of Comprehensive Plan, including zoning, must be
Bremerton's Shoreline Master Program and consistent with the Plan. Each zone has a direct
Critical Lands Ordinance. relationship to its parent designation on the Plan
YARD. That portion of a lot that hes between a Map. Since the Comprehensive Plan is
lot line (property line) and the building line. (See intentionally more general than the Zoning Map,
21-17
more than one zone may be appropriate and intended zoning (as guided by the Plan)is mor~
necessary to implement a single Plan designation, appropriate, or until such time as the needed
The following table shows the relationships facilities and services are in place to
between each Plan designation and the primary accommodate the level of development allowed by
zones that may be approved within those that zone.
designations.
For purposes of initial zoning and (Ord. 4557, Amended, 6/13/96)
consideration of rezone requests, these primary
zones are considered to be consistent with their 21.02.120 ZONE SUMMARY TABLE.
related Plan designations. (See Figure 090, The table in Figure 120 includes a
PRIMARY ZONE CONSISTENCY). quick-reference sununary of all Bremerton zones,
including a brief description and intent of the
(Ord. 4557, Amended, 6/13/96) zone and its minimum standards.
(Ord. 4557, Amended, 6/13/96)
21.02.100 SECONDARY ZONES.
In unique cases, rezone requests for 21.02.130 LOT REQUIREMENTS
zones not listed in Figure 090 as "primary" may TABLE.
be approved for limited application. These The table in Figure 130 provides a
secondary or accessory zones will also be single-table summary of the basic lot development
considered consistent with the Comprehensive requirements for all major zones. This table does
Plan and may be approved, but only when they not include the FM, WS, URD, DRO, and LPO
meet the City's standard Rezone criteria #3, 4, Special Purpose zones. Refer to Figure 120 for
and 5, and each of the following additional information about those zones.
criteria: (Ord. 4557, Amended, 6/13/96)
(a) The zone shall consist of no more
than ten percent (10%) of the total area of the 21.02.140 LAND USE TABLES.
Plan designation in which it is proposed; and Figure 140 (Land Use Tables) includes a
(b) The zone is necessary to allow a use listing of all major zones and a list of the land
or development that is accessory to or directly uses that may be approved in each. Each box on
supportive of a planned or existing use in the the table indicates the type of approval required
adjacent primary zone; and for each use, as follows:
(c) The rezone includes conditions of
approval to cause the zoning to revert if the A The use is allowed outright as a
intended use for that zone, as approved, is not principal use.
developed within a reasonable time, if the use is SUP The use is allowed subject to
ceased or abandoned for a period of at least one approval of a Special Use Permit.
year, or for other reason deemed appropriate at PUl} The use is allowed only within
the time of approval, an approved Planned Unit Development.
No Symbol The listed use is NOT
(Ord. 4557, Amended, 6/13/96) PERMITTED in that zone.
21.02.110 PttASING. (Ord. 4557, Amended, 6/13/96)
The zoning process helps to implement
the City's 20-year Plan. In some cases, an area 21.02.150 UNLISTED USES.
that is "planned" for a particular use may not be (a) Any land use that is NOT mentioned
ready for that use until later in the planning in Figure 120 or Figure i40 shall be considered
period or until completion of a special study or an "Unlisted Use".
neighborhood plan. In such cases, zoning may (b) If the Unlisted Use is clearly similar
appear to lag behind the Plan when, in fact, the to a use that is listed in Figure 120 or Figure 140,
land is in a "holding zone", until such time as the the Director may make a written administrative
21-18
determination as to which zone(s) and through subject to appeal in accordance with the
which approval process the Unlisted Use may be provisions of BMC 21.02.930.
permitted. (b) Comer Lots: All lot lines abutting
(c) If the Director finds no similar uses public streets are considered to be front lot lines
already listed, finds the proposed use to be and front yard setbacks shall apply. A comer lot
sensitive or controversial, finds the use to have having frontage on more than one street will have
potentially adverse impacts, or is unable to arrive more than one front yard area, the depths of
at a clear administrative determination, the which will be determined by the front setback
requested use shall be considered for approval by requirement of that zoning district. Refer to the
the Planning Commission through the Special illustrations in Figure 070(c) for further
Use Permit process, clarification.
(c) Intrusions into Required Setbacks:
(Ord. 4557, Amended, 6/13/96) Structures shall abide by the required front yard
setbacks except as follows:
21.02.160 FRONT YARDS. (1) Eaves, cornices, awnings,
(a) Through Lots: Through lots have bay windows, architectural appendages,
two (2) front property lines with a front yard on fireplaces, chinmeys and permitted signs may
each of two parallel or approximately parallel project not more than two (2)ifeet into the front
streets, yard setback;
(1) Each front yard shall be (2) Front yard setback
subject to the front yard setback requirements of requirements shall not apply to decks, platforms,
its zone. and porches that do not exceed thirty inches (30~)
(2) The Director may grant an in height above the finished grade; except that
Administrative Exception to the double front raised decks, high or enclosed porches, balconies
setback requirement by designating one street or similar architectural appendages that extend
frontage a Rear Lot Line, provided the following more than thirty inches (30") above finished
are true: grade may project not more than six feet (6') into
i. More than one contiguous lot the front yard setback.
is involved, unless the entire frontage consists of (3) Fences, free-standing walls,
one property; steps, walks, and driveways.
ii. The majority of the lots (Ord. 4325 §1 (in part), 1991; Ord. 4194 §2,
and/or structures within the block or other area 1989; Ord. 4172, 1988).
being considered are clearly oriented in a similar
direction away from the side being considered for
designation as the Rear Lot Line. 21.02.170 SIDE YARDS.
(3) Orientation of the lot or Intrusions into Required Setbacks
structure shall be considered and the portion of a Required parking spaces shall be made available
lot facing views or waterfront may be considered and continuously maintained for the parking of
the parcel's Front Lot Line, in which case the operable passenger automobiles and bicycles of
property's only street frontage could be designated residents, customers, patrons and employees of
its "rear". the related land use and shall not be rented,
(4) If such an exception does leased or otherwise assigned to any other person
not have the written consent of all property or organization without an approved joint use
owners directly affected and all adjoining agreement or other City approval. No business
property owners, then it shall be taken to the activity shall be permitted on required parking
Planning Commission for a public heating prior spaces. (Ord. 4194 §6, 1989; Ord. 4172, 1988).
to the Commission's decision.
(5) The Exception decision
shall be in writing shall include a map to clearly
indicate the extent of the exception, and shall be 21.02.180 REAR YARDS.
21-19
Intrusions into Required Setbacks - No related subordinate businesses or activities.
structure shall intrude into required rear yard (Ord. 4325 §1 (in part), 1991; Ord. 4172, 1988).
setback, except as follows:
(a) Eaves, cornices, awnings,
architectural appendages, fireplaces, chinmcT~ 21.02.200 FLAG LOTS.
and permitted signs may extend no more than two (a) Lot Size:
(2) feet into the required rear yard area setback, (1) The minimum lot area
and in no case shall be closer than three (3) feet required for flag lots is 150 percent of the
from any property line. minimum lot size normally required in the zoning
(b) Decks, platforms and open uncovered district in which the property is located.
porches are permitted within the rear yard area, (2) The minimmn lot width and
provided they do not exceed thirty (30) inches in depth is the minimum lot width and depth
height above the finished grade and are no closer required in the zoning district in which the lot is
than three (3) feet from any lot line. located. Flag lot dimensions shall be measured
(c) Fences, free-standing walls, steps, from the mid-point between two opposite lot lines
walks and driveways, of the body of the flag lot.
(Ord. 4172, 1988). (3) For building setback
purposes, the property line of the "flag' portion of
the lot that most closely parallels the street from
21.02.190 ACCESSORY USES AND which the lot gains its access, shall be considered
STRUCTURES. the front lot line and the front yard setback
(a) A use or strum that is incidental (building line) shall be measured from that lot
and subordinate to a principal structure or use line. (See Figure 070(c)and 070(e).)
and which is customarily found in connection (b) Access Way:
with the principal structure or use shall be (I) The access way or driveway
pormitted, so long as that principal structure or shall be under the same ownership as the body of
use is permitted to continue, or unless otherwise the flag lot. An easement shall not be permitted
specified in this Ordinance. as a method of providing access to the body of a
(b) Accessory structures and uses may flag lot.
not be established without a related principal (2) Flag lots must be provided
structure or use on the same property, except that with access to a paved and dedicated fight-of-my
accessory uses or structures may be established on either by;
a lot immediately adjacent to and under the same i. Providing and deeding an
ownership as the principal's lot, provided it is not access way or area for a driveway of at least
separated from that lot by a street, alley or other twenty (20) feet wide extending from a dedicated
right-of-way, and is in the same zoning district, right-of-way to the body of a flag lot; or
(c) Accessory uses or strum shall be ii. A private street in which the
determined by the definition of "Structure, abutting propertieshavecommonownership.
Accessory" in BMC 21.02.070, the designation (Ord. 4172, 1988).
"AC" in the Land Use Tables of this chapter, or
by the Director. Typical accessory uses and
structures include the following: 21.02.210 SETBACKS OF
(1) Residential. Garage, ACCESSORY
carport, tennis court, swimming pool/spa, STRUCTURES.
woodshed, shop, storage shed, greenhouse, and (a) Accessory structures shall observe the
gazebo, from yard setbacks requirements of the zone in
(2) Commercial/Industrial: which they are located.
Storage shed or enclosure, trash dumpsters, (b) Accessory structures in Residential
commercial vehicle parking and loading, zoning districts my be constructed no closer than
customer and employee parking, signs, and three (3) feet from the side or rear property lines
21-20
that adjoin other property. No setback is required i. Maximum height shall be six
if the side or rear property line adjoins an alley. (6) feet.
(c) Accessory structures for the keeping ii. Maximum height within
of livestock or fowl shall conform to the front yard setback area shall be three (3) feet;
requirements of Bremerton Municipal Code, except an open mesh cyclone type fence may not
Chapter 7.08.700. exceed a height of 42 inches.
(d) Accessory structures on adjacent lots, (2) Commercial Zones.
that are not attached to their principal or any i. Maximum height shall be
other strum, may be attached to each other at eight (8) feet.
a side or rear property line (zero-lot-line) with ii. Maximum height shall be six
approval of a Special Use Permit and if designed (6) feet when adjacent to a public right-of-way, or
in accordance with UBC requirements for such to a residential zone.
structures. (3) Industrial Zone.
(Ord. 4325 §1 (in part), 1991; Ord. 4172, 1988). i. Maximum height shall be ten
(10) feet.
ii. Maximum height shall be six
21.02.220 MEASURING HEIGHT OF (6) feet when adjacent to a public fight-of-way, or
A STRUCTURE. to a residential zone.
(a) The height of a building is the (b) A Special Use Permit may be
vertical distance above a reference datum requested for higher fences or walls along
measured to the highest point of the coping of a property lines that are designed and intended for
flat roof or to the deck line of a mansard roof or enhanced security, greater residential privacy or
to the average height of the highest gable of a other reasons that will be of benefit to all affected
pitched or hipped roof. The reference datum properties.
shall be selected by either of the following, (c) Fences and walls shall not block or
whichever yields the greater height of a building: hinder the sight distance of traffic. Exact
(1) The elevation of the highest location and design of a fence or wall is subject to
adjoining sidewalk or ground surface within a the approval of the City Engineer when visibility
five-foot horizontal distance of the exterior wall or public safety is an issue.
of the building when such sidewalk or ground (d) No electric or electrified fences shall
surface is not more than ten (10) feet above the be permitted within the City of Bremerton.
lowest grade. (e) Barbed wire or similar wire
(2) An elevation ten (10) feet protective devices are permitted only above a
higher than the lowest grade when the sidewalk height of six (6) feet and shall require a Special
or ground surface described in item 1 above is Use Permit ff within or adjoining any residential
more than ten (10) feet above lowest grade. The zone.
height of a stepped or terraced building is the (Ord. 4325 §1 (in part), 1991; Ord. 4172, 1988).
maximum height of any segment of the building.
(b) Exceptions: Penthouse for elevators, 21.02.240 HOME OCCUPATION.
fire walls, chimneys, and flagpoles, may exceed (a) Permitted Use. Home occupations,
the height limits of the Zoning District. None of where permitted, are subject to the following
these exceptions to the height regulations shall be limitations
used for advertising of any kind. (See Figure (1) The home occupation shall
220.) (Ord. 4325 §1 (in part), 1991; Ord. 4172, be clearly subordinate to the use of the dwelling
1988). unit for residential purposes;
(2) The home occupation shall
21.02.230 FENCES AND WALLS. be wholly situated indoors;
(a) Fences and walls shall observe the (3) No person may be employed
following height and setback requirements: in the home occupation unless a resident of the
(1) Residential Zones. dwelling unit.
21-21
(4) There shall be no exterior Community Development determines that the
display, storage or other exterior indication of the home occupation is interfering with the use and
existence of the home occupation; provided no enjoyment of the neighboring premises and is not
more than one unlighted sign not exceeding two compatible with the residential environment in
square feet (2') in size attached flat to the main which it is located.
building bearing only the name and occupation of (Ord. 4172, 1988).
the occupant shall be permitted.
(5) In addition to off-street 21.02.250 LIGHTING
parking required for the dwelling unit by BMC REGULATIONS.
21.02.590-.690, additional off-street parking is (a) Energy efficient light sources shall be
required for one patron. No parking shall occur in utilized when possible.
the required setbacks. Co) Lighting shall comply with the
(6) Sales are limited to products Washington State Energy Code selection and use
produced on the premises. Products produced of light sources.
elsewhere may be handled as a function of the (c) Light sources, both diroctable and
home occupation, provided the business is non-diroctable, shall be selected and placed so
primarily involved in the product's distribution that glare produced by any light source, does not
and does not attract buyers to the property for extend to adjacent properties or to the
retail or wholesale sales, right-of-way (except for sidewalks).
(7) Sales and services to patrons (Ord. 4172, 1988).
shall be arranged through appointment to the end
that only one patron vehicle is on the premises at 21.02.260 ROUNDING OF
the same time. FRACTIONS OF
(8) Not more than fifty (50) DWELLING UNITS.
percent of the gross floor area of the dwelling unit The number of dwelling units allowed on
may be devoted to the home occupation; and, the property is determined by dividing the lot size by
garage shall not be used in the business unless the the number of square feet permitted by
required off-street and customer parking can be appropriate zoning district requirements per unit.
adequately accommodated elsewhere on the site. When tiffs results in a fraction, round up to the
(9) Home occupations involving next whole number (unit) when the fraction of
non-automotive equipment maintenance or whole number is at least 0.66. (Ord. 4172,
servicing, beauty or barber shops, and the selling 1988).
of products that are not produced on the premises
shall require an Administrative Special Use 21.02.270 MEASURING OF
permit. Automotive body or engine repair and SETBACKS.
painting are specifically prohibited as home All setbacks shall be measured from
occupations, as are other small engine repair property lines. (Ord. 4172, 1988).
services or similar businesses that are likely to
result in noise. 21.02.280 DISI~ ANTENNAS.
(10) Persons engaged in legal (a) A dish antenna which is ground
home occupations on the effective date of this mounted is subject to the setback requirements of
chapter shall be considered legal, provided the the use in the zone in which it is located.
operation is consistent with all of the above-listed Co) Dish antennas may not be placed
performance standards. Any home occupation above the maximum height allowed for any
that was legally established but does not conform structure.
to all those standards may not expand or enlarge (c) To minimize adverse impacts on
and shall terminate that use upon (1) change of views or neighborhood aesthetic values, all dish
use or ownership of the property or (2) written or other parabolic antenna having a collector dish
complaint of adjacent or nearby property owners, diameter of six feet or greater .~hall be
after due notice and hearing, if the Director of ground-mounted. Antenna having a dish
21-22
diameter smaller than six feet may be pole-or in height within three years shall be planted.
roof-mounted in a location that has the least When conditions of soil and terrain make
visual impact on surrounding properties and landscaping impractical, a fence eight (8) feet or
views while maximizing the effectiveness of the wall providing a complete visual barrier shall be
antem~a's operation, installed.
(Ord. 4172, 1988). (3) Upon termination of
quarrying operations at any pit that exceeds a
depth of five (5) feet, either the pit shall be back
21.02.290 CALCULATING LOT filled to a minimum slope of one (1) foot vertical,
AREA. to one (1) foot horizontal; or a non-climbable
Lot area shall include all areas within eight (8) foot fence shall be erected and
the exterior lot lines exclusive of water areas. Lot maintained around the pit. Planning Commission
widths, depths and setbacks on shoreline lots are may require landscaping or the reclamation of the
measured from the ordinary high water mark site after quarrying activities are completed.
(OHWlvl). (Ord. 4172, 1988). (4) Required minimum distance
from adjacent property that is developed shall be
21.02.300 MINERAL RESOURCE in accordance with the following:
EXTRACTION
PROVISIONS. Parks,
(a) Purpose: Recreational,
(1) To preserve oppommities Facilities,
for mineral extraction by establishing Residential,
performance standards to mitigate the impact of Commercial, or
such uses. Environmentally Industrial
(2) To protect the health, safety, Sensitive Lands Land Uses
and general welfare of the public by establishing
performance standards for the operation of To structural 100feet 20feet
extractive industries and for the appropriate edge of pit,
reclamation of the site. excavation,
(b) Allowable Location of Mineral or stockpiling
Extraction: The removal for purposes of soil, of materials.
sand, gravel, quarried stone, or ore may be
allowed in any zoning district by a special use To crashing 300 feet 200 feet
permit, of rock,
(c) Review for Special Use Permit: In processing of
addition to standard application requirements, the stone, gravel
owner or agent of the quarry shall submit to the or minerals.
Planning Department copies of all documents
submitted to the State of Washington Department To any Determined 400 feet
of Natural Resources. blasting, on a case
(d) Performance Standards: by case
(1) A non-climbable fence, a basis.
minimum of eight (8) feet in height, shall be
installed around any mineral extraction site and (5) When a pit exceeds a depth
all of its accessory operations, of twenty (20) feet, all dense undergrowth .qhall
(2) When property is adjacent to be removed from the soil cover for a distance of
developed residential property, stream% lakes, or ~ (50) feet from the edge of the pit.
public rights-of-my, a view-obstructing screen of (6) Neither smoke, dust, dirt, fly
vegetation at least four (4) feet in height at ash, other airborne particulate matter, toxic or
planting and attaining not less than eight (8) feet odorous gasses, liquid or solids shall be emitted
21-23
in quantifies from a quarry site as to advemely finished grade; and,
affect adjacent property. (7) Have a minimum square
(7) BMC 6.32 shall be footage of 400 square feet total within the exterior
observed, walls.
(Ord. 4172, 1988). (e) Inspection:
(1) The Building Official shall
21.02,310 MANUFACTURED HOMES inspe~ the installation of manufactured homes
PROVISIONS. prior to occupancy and issue certificates of
(a) Manufactured Home Developments: occupancy for manufactured homes. If all
Any manufactured home development shall be requirements of the City of Bremerton have been
developed through a Planned Unit Development met, a certificate of occupancy shall be issued.
Process of BMC 21.02.350-.580. No manufactured home shall be occupied until
(b) Non-conforming Manufactured after a valid certificate of occupancy has been
Homes: issued by the City.
(1) A manufactured home (2) If a manufactured home is
which was legally placed and maintained prior to replaced by another manufactured home, a new
the date of adoption of this chapter, and do~ not certificate of occupancy shall be required for the
meet the requirements of this chapter, shall be installation of a manufactured home after the date
deemed to be a non-conforming structure, of adoption of this ordinance.
(2) If a legal non-conforming (Ord. 4172, 1988).
manufactured home is partially or wholly
destroyed, replaced, or altered, it shall be required 21.02.320 RECYCLING
to meet the relevant requirements of BMC COLLECTION STATION.
21.02.780-.840 relative to non-conformities. (a) The following standards apply to
(c) Manufactured Home Certification: collection stations intended for public use. They
All manufactured homes within the City shall be are not mandatory (but may be applied
approved by the Washington State Department of voluntarily) for private on-premise collection and
Labor and Industries or the U.S. Department of storage of recyclables by owners or tenants of
Housing and Urban Development and have the residential properties, businesses or
appropriate insignia affixed to the unit, in organizations. Such on-premisecollection and
accordance with the provisions of RCW 43.22. storage is considered accessory to the principal
(d) Standards for Manufactured Homes use of the property and not available to the
on Individual Lots: One manufactured home is general public.
permitted on one individual parcel, lot, or tract in (I) Areas to be used in the
zoning districts so indicated by the Use Charts of collection operation must have a gravel, asphalt
this chapter, and subject to the following: or concrete surface and shall be landscaped
(I) Meet all applicable to the same standards that apply to any other
requirements of that zone; and development or use within the subject zone.
(2) Minimum width of main (2) The facility shall be closed
body: Twenty (20) feet as assembled on the site to public access between the hours of 8:00 p.m.
as measured across the narrowest point; and, and 6:00 a.m. in residential zones.
(3) Minimum roof pitch: Not (3) A sight-obscuring fence or
less than one (1) foot rise for each six (6) feet of wall built to the maximum allowed height of the
horizontal nm (2:12); and, zone shall be constructed and maintained along
(4) Provide a solid foundation the sides and rear of the facility. Chain-link
and be enclosed under exterior walls; and, typefences and gates are permitted along front lot
(5) Have wood siding or other lines.
non-metallic exterior appearance; and, (4) The facility may be lighted
(6) Be installed with a floor a for use during hours of darkness, but shall not be
maximum of twelve (12) inches above exterior lighted between the hours of 8:00 p.m. and 6:00
21-24
a.m. in residential zones, structure is occupied or is proposed for occupancy
(5) The site shall be monitored by an adult business to the nearest portion of a
and maintained in a clean, safe and healtlfful lot, parcel, or tract which a use, facility, or
manner, structure, or the closest portion of a structure
(Ord. 4546, Amended, 3/21/96) containing another adult business.
(Ord. 4172, 1988).
21.02.325 ADULT BUSINESS
PROVISIONS, 21.02.330 SIGN PROVISIONS.
(a) Purpose: This section regulates the (a) This section recognizes thc
location and spacing of adult businesses. These importance of signs in the community and
regulations are intended to reduce conflicts establishes regulations intended to protect the
between adult businesses and certain uses. They public from damage or injury caused by or
are intended to protect the City from the blighting attributable to distractions and obstructions
impacts of concentrations of adult businesses mused by poorly designed or improperly located
while assuring the full enjoyment of all the signs. These regulations are also intended, in
constitutionally guaranteed rights of the general part, to stabilize or enhance the overall
public, appearance of the community.
Co) Adult businesses shall be permitted Co) Definitions:
only in the General Business and Business Core (1) Abandoned Sign. Any
commercial zoning districts subject to obtaining a nonconforming sign, including its structure and
Special Use Permit and the following criteria, other components, which is located on vacant
(1) Not adjacent to a residential property or an unoccupied building for a period of
zone. six months or more and which, during that time,
(2) Prohibited within is not used for legal sign purposes; or which
five-hundred (500) feet of any parcel of real relates to a time, event or purpose which no
property on which is located any of the following longer applies; and/or which has been allowed to
facilities: deteriorate to become a public h_a?ard or eyesore.
i. A school primarily attended (2) Alteration. Any change in
by minors; or the size, shape, method of illumination, position,
ii. A church which conducts location, construction or the supporting structure
religious education classes for minors; or of a sign.
iii. A public park, public beach, (3) Area of a Sign. The total
or public recreation facility frequented by minors; space within the frame or outer dimensions of a
o[, sign and including any logos or other artistic or
iv. An athletic or recreational architectural features that are directly related to
center which caters to or is attended in substantial or an integral part of the sign, in the opinion of
part by minors; or, the Director. (See BMC 21.02.330(g) for
v. Video game establishments; measurement information.)
or, (4) Awning/Canopy. A
vi. Convenience markets; or, temporary or movable shelter (awning), or a fixed
vii. Downtown Shoreline r/g/d shelter (canopy) supported entirely by the
District east of Washington Street between 1st exterior wall of the building and generally
Street and 6th Street. extending over a pedestrian walkway. When used
(3) No new or relocated adult in conjunction with signs, only that portion of the
business shall locate within five hundred (500) awning or canopy that is actually used as a sign
feet of any other adult business, shall be included in sign area calculations.
(c) Standards of Measurement: Lighting of the awning or canopy, whether
Distances shall be measured in a straight line, directly, indirectly, or by back-lighting shall have
without regard to intervening structures from the no affect on the sign requirements, unless lighted
closest point of lot, parcel, or tract on which a signs are specifically prohibited in that area or
21-25
zone. a property, building, office, or premise, and
(5) Bulletin Board/Kiosk. A which may typically include the address, suite
permanent sign structure intended to number, or other identifying information, but that
accommodate changeable copy, such as private or does not include advertising or messages that am
public notices, special event information, and not necessary for the identification of the
other short-term messages, and generally at a premises.
scale suitable for pedestrians and not intended to (13) Illegal Sign. Any sign or
be read by passing motorists. These signs are advertising device which was erected or altered in
exempt from sign permits and size requirements violation of the sign codes in effect at the time of
if they are provided for the use of the general such action and which remain in violation of
public and not for commercial advertising existing codes.
purposes. (14) Incidental Signs. Signs
(6) Changeable Copy/Message that are intended for the convenience of the
Center/Readerboard Sign. A permanent sign public, which are informational only, and which
structure that may be internally or externally do not include the advertising of products or
illuminated and intended to accommodate services. Such signs include business hours
changeable lettering, numbering, graphic signs, credit card signs, entrance and exit signs,
displays, or other short-term messages. Generally and similar signs, some of which may be required
used for commercial advertising or for public by law for safety purposes.
service announcements of current or coming (15) Maintain. To allow to exist
events. (Also see: Public or continue to exist. Also, where the context
Information/Identification Sign.) indicates, to keep in a safe, neat and clean
(7) Construction Sign. A sign condition.
that relates directly to a construction project (16) Marquee. A permanent
taking place on the premises and may include roofed structure attached to and supported by a
such information as the name of the project and building and projecting away from the building,
contractors, phone numbers, completion dates, usually over a public walkway and typically
and similar information about the project, common to theaters. A marquee itself is not a
(8) Directional Sign. A sign, but is commonly used to support signs.
permanent sign which is designed solely for the (17) Moving, Flashing, or
purpose of directing motor vehicle, pedestrian, Animated Sign. Any sign that includes action or
bicycle, or other traffic, or individuals, toward a motion, including flashing lights, color changes,
specific destination or route, revolving or waving actions other than wind
(9) Free-standing Sign. A sign actuated elements such as flags, pennants,
that is supported by columns, uprights, or braces banners, and similar devices. These types of
in or upon the ground and not attached to any signs do not include time/temperature signs, nor
building, electronic or electric reader-board or message
(10) Frontage. The actual center signs with messages that change no more
length of the front property line abutting a street frequently than two second intervals.
or alley (if no street frontage), or the length of the (18) Multiple-building
property line of a flag lot that most closely Complex. A group of structures housing a
parallels the street it most directly relates to. combination of business, office, residential, or
(11) Grade. The level of the other uses, and which shares a common area,
surface of the ground that lies immediately below access, parking and/or other facilities.
a sign or proposed sign location. When a slope is (19) Multiple-occupancy
involved, the grade shall be the average of the Building. A single building housing more than
levels at each supporting member of the sign's one retail business, office, commercial venture or
structure, other allowed land use.
02) Identification Sign. A sign (20) Nonconforming Sign. A
intended solely to inform the public of the use of sign that was legally established, but no longer
21-26
conforms to the current sign standards of this axe other examples, as are banners, flags,
Section. pennants, searchlights, and balloons and similar
(21) Portable Sign. Any sign devices. (See Figure 330.)
designed to be moved easily and not permanently (27) Wall Sign. A sign
affixed to the ground or to a structure or building, attached directly to or erected against the wall of
A-frame or sandwich board signs and movable a building with the face parallel to the facade of
readerboard signs are examples, the building and extending no more than twelve
(22) Projecting Sign. A sign, inches from the wall.
other than a wall sign, which is attached to and (c) Applicability and Scope: This
projects from a structure or building facade and section is intended to regulate the number, size,
the face(s) of which is not parallel to the placement and physical characteristics of signs
building's facade. This sign may be supported by and sign structures. These regulations are not
a structure in addition to its building or wall intended to, and do not restrict, limit or control
support, the content of any sign message. These
(23) Public regulations shall apply in all zoning districts and
Information/Identification Sign. A sign intended may be subject to additional requirements of
solely to inform the public of events or activities certain districts, or to state regulations. In cases
of community interest, to identify the entrance to of conflict, the most stringent requirement shall
or exit from the City or a district or neighborhood prevail.
within the City, and which does not include the (d) Sign Permit:
advertising of any business, product or service of (1) Permit Required. No sign
a commercial nature, nor any logo, symbol, or shall be placed, erected, or displayed without first
other indication of a commercial message or obtaining a sign permit from the Building
sponsorship. Division, except in the case of signs that are
(24) Sign. Any communication specifically exempt.
device, structure, or fixture which is intended to (2) Removal of Nonconforming
identify a building, place, use, business or event, Signs. No sign permit shall be issued to allow a
to make a statement, or to promote the sale of new or additional sign on a property having a
products, goods, or services using graphics, nonconforming sign until such time as the
letters, figures, symbols, trademarks, or written nonconforming sign(s) is removed or modified to
copy is a sign. Painted wall designs or patterns of conform to this code.
an artistic or architectural nature which do not (3) Permit Application. An
represent a product, service or registered application for a sign permit must be signed by
trademark, do not identify the user, and do not the property owner, lessee, contract vendee, or
otherwise meet the above definition, are not other tenant of the property on which the sign is
considered signs. If a design or pattern is to be erected or placed. Such application shall
combined with a sign, only that part of the design contain the following information unless
or pattern which cannot be distinguished from the determined by the Building Official to be
sign will be considered part of the sign. unnecessary for the processing of the application:
(25) Sign Structure. Any i. Site Plan: Drawn to scale
structure specifically intended to support a sign, showing the subject property, streets, all existing
and which may include supports, uprights, braces, buildings, and the location of any existing free
framework, or other members needed for support, standing signs, utility poles and other structures
(26) Temporary/Special Purpose within fifty feet of the proposed new sign's
Sign. A Sign that is not permanently affixed and location.
which is intended for short-term use, such as to ii. Drawings: Showing the
advertise a specific activity such as a special structural details of the proposed sign, including
promotion, sale, or fund-raising event. Signs its dimensions, height, materials, type of
advertising property for sale or rent, political or illumination, landscaping (free-standing signs),
election-related signs, and garagebyard sale signs and structural support.
21-27
iii. Photographs: Showing all signs are prohibited within the City limits of
existing signs on the subject property and Bremerton and shall be subject to removal
building(s), and marked to indicate the proposed through amortization or other means:
location of the new sign(s). (1) Strobe lights and signs
(e) Exempt Signs: The following signs containing strobe lights or any other flashing,
are exempt from the provisions of this section, but moving or animated features that are visible
may be subject to other provisions of the Zoning beyond any property line. Readerboard or
Code or Building Code: message center signs that change copy no more
(1) Traffic signs, signals, and frequently than two second intervals, and
other traffic control devices erected by the City or time/temperature signs are exempt from this
other public authority, provision.
(2) Public notices pertaining to (2) Signs placed or painted on
public health or safety issues, or for notification any motor vehicle or trailer that is not operable
of legal or legislative actions of public interest and routinely used to transport or provide the
that are erected by the City or other public goods or services being advertised, or that is
authority, and of a temporary nature, parked with the primary purpose of providing a
(3) Permanent plaques, sign that would not otherwise be allowed.
cornerstones, name plates, and other building (3) Any private sign placed
identification markings attached to or carved into within a public right-of-way, on a public
the building materials and which are an integral sidewalk, or overhanging a public fight-of-wa}q
part of the structure, except that signs overhanging a public sidewalk
(4) Signs within buildings, may be permitted ff there is a minimum of eight
provided they do not include moving, flashing or feet of vertical clearance between the sidewalk
animated signs (see definition) that are visible and bottom of the sign. (Publicly-owned or
from any private or public roadway, or from installed signs not included).
adjacent properties. (4) Any sign that is determined
(5) Legal nonconforming signs, by a City police officer, the Planning Commission
(6) Incidental signs intended for or City Council to be a b8?ard to public safety due
public information or convenience and which to its design, materials, physical condition, or
consist of no more than ten square feet (10') for a placement.
combination of such signs. These may include (5) Signs painted, attached to,
restxoom signs, hours of operation signs, address or otherwise supported by rock formations, utility
numbers, help wanted, open/closed signs, credit poles, trees, or other plant materials.
card signs, and similar signs. (6) Bench signs, when installed
(7) The American flag, State of within the public fight-of way. When on private
Washington flag, and other political or special property, the size of a bench sign will be counted
purpose flags, pennants or banners that are toward the total allowable sign area.
displayed properly and not intended to contribute (7) Portable signs within any
to a commercial advertising display, public fight-of-way, and when obstructing a
(8) Wall graphics of an artistic pedestrian walkway, bikeway, or driveway on
nature and that do not conform to the definition private property.
of "sign". (g) Sign Measurements:
(9) Temporary/Special Purpose (1) The area of sign faces shall
signs related to short-term events. [See Section include the entire sign area, including any
(i) Temporary/Special Use Signs]. surrounding frames or cabinet edges.
(10) Public (2) Sign area does not include
Information/Identification Signs which are supports, foundations or structures that are not
approved through the Special Use Permit part ofthesign.
process. (3) Only one side of a
(f) Prohibited Signs: The following double-faced sign is counted in the sign's total
21-28
area. this strip shall be either (a) lower than thirty-six
(4) When signs are constructed inches (36") above grade, or (2) higher than eight
of individual letters or other pieces attached to a feet (8') above grade. Any posts or other
wall or other flat surface, the sign area is supporting structures shall have a diameter no
determined by a perimeter line drawn around and greater than twelve inches (12") within this area.
containing all the pieces. (4) A pedestrian clearance
(5) Multiple copy signs or vertical distance of eight feet (8') from grade or
shopping center signs consisting of several sidewalk to the lowest part of the sign is required
individual signs on the same support structure are for any sign emending over public sidewalks or
calculated as the total of all individual sign other walkways.
components. (5) A projecting sign may
(6) A round or cylindrical sign extend beyond the property line and over a public
is calculated as the maximum area that can be pedestrian walkway for a maximum distance of
seen at one time from one position, or fifty six feet beyond the property line, but in no case
percent (50%) of the total area, whichever is shall a sign extend beyond the sidewalk and over
greater, a street or other area used by motor vehicles.
(7) The height of a sign is (6) Free-standing signs shall
measured from "grade" as defined, to the highest not extend beyond property lines.
point of the sign or its structure, whichever is (i) Temporary/Special Use Signs: (See
higher. Figure 330.)
(8) Sign clearances are (1) Temporary and special use
measured from grade directly below the sign to signs are subject to the same setback and
the bottom of the sign or sign frame, clearance requirements that are applicable to
(9) Street comer signs (at an other signs and shall not cause a ha?ard to public
intersection) shall be assigned to one of the safety or block the visibility of motorists.
frontages by the applicant and shall conform to (2) Unlimited time special
the requirements of that frontage only. purpose signs shall conform to the size, height
(10) Portable signs shall be and setback requirements of the zoning district in
calculated as part of the total free-standing sign which they will be located.
area available to the site. (3) A temporary sign shall not
(h) Sign Placement Requirements: be permanently attached to the ground, a
(1) All signs, including building, or to any other structure, other than
supporting structures, shall be erected or placed necessary to secure it to prevent theft or wind
totally within the boundaries of the site and not damage.
within any public fight-of-way, with the (4) Signs that are related to a
following exceptions: specific event or date shall be removed within
i. Public authority and other seven (7) days of that occurrence, such as
traffic-related signs, following an election, the sale of a property, close
ii. Approved signs overhanging of a carnival, or similar event.
public walk-ways. (5) Wind signs or devices that
(2) Vision clearance areas shall flutter, wave, sparkle, or otherwise move from the
be maintained at all intersections of private and pressure of the wind are considered to be
public roadways, alleys, and driveways, to temporary signs or devices and shall be used only
prohibit any sign within fifteen feet (15') of such for specific promotions or events and not as
intersections (see illustration), permanent sign devices.
(3) A vision clearance setback (6) Any temporary sign that has
shall be maintained a distance of at least ten feet been removed shall not be replaced by another
(10') from the edge of any existing roadway or temporary sign at the same premises for a period
from the proposed edge of a planned road or road of at least ninety (90) days following its removal.
proposed to be widened. Any sign located within (7) Short- and long-term
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temporary and special use signs may be approved height of a free-standing sign shall be thirty-five
in accordance with the following table anywhere feet (35') from grade directly below the sign to the
in the City: highest point on the sign or its structure.
(j) General Sign Regulations: The vi. Shopping Center or
following regulations apply to signs in all zoning Professional Complex. A shopping center,
districts of Bremerton: professional office complex, or similar large
(1) Vision Clearanee. Signs multiple building or multiple occupancy
shall conform to the clearance requirements of development may have an identification sign to a
Section H. maximum size of three-hundred square feet
(2) Extension Above Rooftop. (300'), plac.~l along one or more street frontages
No sign that is attached to a building shall extend that are longer than three-hundred feet (300')
above the highest point of the roof. each, provided the sign is no closer than
(3) Window Signs. Signs one-hundred feet (100') from un adjacent property
placed on the inside of windows and direaed on the same side of the street and no other
toward the outside of a building shall be.included free-standing signs larger than fifty square feet
in the total sign area calculations. (50') are placed on the property.
(4) Incidental Signs. Viewed (2) Building Signs.
from the outside of a building, including i. Maximum Aggregate Area.
directional signs, hours of operation, etc., shall be The total area of wall signs, projecting signs, and
included in all sign area calculations, even ff other signs attached to buildings shall not exceed
exempt from permit requirements, two square feet (2') for each one lineal foot of
(5) Canopies and Awnings. building facade width.
Signs placed on projecting canopies and awnings, ii. Maximum Sign Size. Any
whether lighted or not, shall be calculated only signal sign attached to a building shall not exceed
for the area of the canopy or awning taken up by one-hundred square feet (100') in area unless the
the sign itself, total sign area is less than ten percent (10%) of
(k) Commercial District Sign the total facade area.
Regulations: The following regulations shall iii. Number of Signs. There is
pertain to signs placed within the PO, NB, GB, no limit to the number of individual signs in
SC and BC zoning districts, commercial districts, provided the total sign area
(1) Free-standing Signs. limitations are maintained.
i. Narrow Parcels. A parcel iv. Illumination. Signs may be
having less than fifty (50) lineal feet of street illuminated directly, indirectly, or internally,
frontage may have a single free-standing sign not provided the lighting is directed away from any
to exceed fifty (50) feet in area. residences or other light-sensitive land uses, and
ii. Wide Parcels. A parcel away from on-coming traffic.
having street frontage greater than fifty (50) (1) Industrial and Special Purpose
lineal feet may have an aggregate free-standing District Sign Regulations: The following
sign area not to exceed one square foot per one regulations shall pertain to signs placed within
lineal foot of frontage, provided no sign exceeds the BP, IP, IG, MX, WS, FM and PS zoning
one-hundred square feet (100') in area. districts:
iii. Multiple Signs. Lots having (1) Free-standing Signs.
more than one hundred (100) lineal feet of street i. Maximum Area. The
frontage may have more than one free-standing free-standing sign requirements of the
sign. commercial districts shall apply, with the
iv. Spacing. Free-standing exceptions of schools, parks, and similar
signs on the same parcel shall be no closer than non-retail facilities which shall be limited to a
50 feet to each other and no closer than 25 feet single fifty square foot (50') free-standing sign
from adjacent properties, per street frontage.
v. Height. The maximum (2) Building Signs.
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i. Maximum Aggregate Area. signs.
The total area of wall signs, projecting signs, and (3) Other Provisions.
other signs attached to buildings shall not exceed i. Special care shall be taken in
one-hundred square feet (100'). residential zone to direct lighting away from
ii. Maximum Sign Size. Any residences and traffic. Illuminated signs are
single sign attached to a building shall not exceed discouraged in residential zones, but not
one-hundred square feet (100'). prohibited.
iii. Number of Signs. There is ii. Resident name plaques and
no limit to the number of individual signs in these address numbers shall not be included in total
districts, provided the total sign area limitations sign area calculations, but shall be limited to a
are maintained, size that is in character with the architecture of
iv. Signs may be illuminated the building and with other such signs in the
directly, indirectly, or internally, provided the immediate neighborhood.
lighting is directed away from any residences or iii. Wind signs or devices that
other light-sensitive land uses, and away from flutter, wave, revolve, or sparkle, or are otherwise
on-coming traffic, moved by the wind are prohibited in residential
(m) Residential Area Sign Regulations. areas.
The following regulations shall pertain to signs (n) Signs in Mixed Use Districts:
placed within any SF, DR, CBR, MF, or MR (1) In zoning districts that
zoning districts: permit a mixture of residential, commercial,
(1) Free-standing Signs. and/or industrial or special purpose uses, the sign
i. Entrance Signs. One requirements of the district in which the
free-standing sign shall be permitted at each permitted use is typically associated shall apply.
street entrance to a neighborhood, subdivision, [For example: an office building in a MF zone
manufactured home park, may erect signs based on the Commercial District
apartment/condominium complex, or other Sign Regulations.]
homogeneous residential area. Such sign shall be (2) Strict application of sign
designed specifically to identify that development regulations in the case of m/xed used areas may
and is subject to review and approval during the be subject to conditions of approval that are
Site Plan Review and/or Planned Unit imposed to prevent adverse impacts on the
Development review. Such sign shall be no neighborhood or adjacent properties and to ensure
larger than fifty square feet (50'). land use compatibility.
ii. Individual Properties. Each (o) Variations to Sign Regulations:
residential property may have one free-standing (1) The Director of Community
permanent sign, not to exceed two square feet (2') Development shall have the authority to grant
in area. administrative approval for minor adjustments to
iii. Multiple-family sign heights, numbers of signs, sign placement,
Developments. Residential properties having and sign size, provided:
four or more dwelling units may have one i. The adjustments do not
permanent sign per street frontage, not to exceed exceed ten percent (10%) of the basic
a total sign area of four square feet (4'). requirement, and
iv. Height. Free-standing signs ii. The adjustment is based on a
in residential zones shall be limited to six feet (6')hardship or problem with the site, existing
in height, measured from grade directly below the building placements, or poor site visibility, and
sign to the highest point on the sign or its not based on economic factors or personal design
structure, preference.
(2) Building Signs. (2) A request for adjustments
i. Any of the free-standing sign beyond ten percent shall be processed as a
limitations of Sections L-lfo) or (c) above may be Variance.
applied as wall signs in lieu of free-standing (p) Nonconforming Signs: Legally
21-31
established signs that no longer conform to these peried and the sign has not been removed, the
sign provisions may remain, subject to the sign shall be removed by order of the City and the
following: costs of removal and storage of the sign shall be
(1) Maintenance, repairs, and assessed in the form of a lien against the property
the changing of sign faces or copy are permitted, from which the sign was removed.
(2) The sign face may not be (5) A sign which has been
enlarged, but may be reduced to lessen the degree removed and held by the City longer than thirty
of nonconformity. (30) days and not recovered by its owner, shall be
(3) Structural alterations that declared abandoned and the title shall vest in the
would prolong the life expectancy of a City.
nonconforming sign are prohibited. (Ord. 4293 §4, 1990; Ord. 4236 §1 and 2, 1989;
Improvements that eliminate nonconformities are Ord. 4222 §1 and 2, 1989; Ord. 4194 §13, 1989;
encouraged. Ord. 4172, 1988).
(4) A nonconforming sign may
be relocated or structurally altered, without 21.02.340 PURPOSE.
achieving full compliance with code requirements This Planned Unit Development (PUD)
when the proposed change will bring the sign section is intended to:
closer to compliance, will remove a safety ha?ard, (a) Permit diversity and variety in
and/or the overall visual/aesthetic impact will be allowable uses, location, and types of structures;
improved, provided the subject sign has not been (b) Promote the efficient use of land by
targeted for amortization in accordance with facilitating a flexible arrangement of buildings,
section 21.02.830. circulation systems, land uses, and utilities;
(5) Signs that have been (c) Preserve, to the greatest extent
specifically designated for amortization shall be possible, the existing landscape features and
removed in accordance with the amortization minimize adverse effects on sensitive
schedule, as established by the City. environmental areas;
(6) Any portable or (d) Allow the combination and
temporary/special purpose sign that is found to be coordination of architectural styles, building
nonconforming shall be removed immediately forms, and building relationships within the
following written notification from the City. planned area;
(q) Removal of Signs: (e) Lessen development impacts on
(1) The Director of Community adjacent areas through site design and necessary
Development shall remove or cause to be mitigating measures;
removed any abandoned, dangerous, defective, (f) Preserve the value, character, and
illegal, or prohibited sign. integrity of surrounding areas which have been,
(2) A notice describing the sign or are being, developed under traditional zoning
to be removed shall be prepared by the Director or district regulations;
a designee and shall include a description of the (g) Provide greater predictability for the
violation or other problem, and shall speci~ a applicant's chances of gaining approval;
time period no greater than thirty (30) calendar (h) Provide City officials with assurances
days during which the violation or problem shall that the project will retain the character proposed
be corrected, or the sign removed, at the time of approval; and
(3) The notice of violation and (i) Allow the general public greater
time limit for correction shall be mailed by opportunity to participate in the development
certified mail to the owner of the sign, or the process.
owner of record of the property on which the sign (Ord. 4172, 1988).
is located. Such notice shall also be posted at a
conspicuous location on the subject property. 21.02.350 OUTLINE OF TIlE PUD
(4) ff the problems or violations PROCESS.
have not been corrected within the required A PUD application is reviewed by the
21-32
City in a two-part process; review of a within seven (7) working days after the
preliminary plan, followed by review of a final Conceptual Review. In addition, this letter shall
plan. The purpose of this process is to minimize state whether or not a neighborhood meeting will
development costs prior to a City determination be required.
of the acceptability of the preliminmy plan for a (Ord. 4172, 1988)
PUD.
(a) Part I: The steps involved in the 21.02.370 NEIGltBORIIOOD
Preliminary Plan review are: MEETING.
(1) Conceptual review. (a) After the Conceptual Review, but
(2) Neighborhood meeting, prior to filing a preliminary application, the
(3) Preliminary PUD Director of Community Development may require
application, a neighborhood meeting if the proposed PUD
(4) City departmental review, project may cause a significant impact on a
(5) Public hearing and decision neighborhood. The purpose of such a meeting
by Planning Commission. will be to solicit information regarding design
(6) Public hearing and decision alternatives to minimize any adverse impact from
by City Council of PUD's that include the proposal and alleviate community concern.
sulxlivisions or rezones. (b) When a neighborhood meeting is
(b) Part II: The steps involved in the held, the applicant shall submit the following
Final Plan review are: names and addresses to the Planning Depattment
(1) Final PUD application. The names and addresses shall be on stamped
(2) City review and decision, legal size envelopes.
(3) Record with County (I) Neighborhood
Auditor. organizations.
(Ord. 4293 §8 (in part), 1990; Ord. 4172, 1988). (2) City Council member(s) of
the district(s) in which the project is being
21.02.:560 CONCEPTUAL REVIEW. proposed.
(a) Prior to the submittal of the (3) Surrounding property
Preliminary PUD Application, the applicant shall owners per the following schedule:
request a Conceptual Review. The Planning
Department shall arrange a conference within Distance in feet from
seven (7) days following the request, perimeter (Excluding
(b) The following information shall be Size of PUD rights-of-way)
submitted for a Conceptual Review:
(1) A sketch map of existing Less than 2 acres 250'
conditions for both the subject property and those 2 to 5 acres 500'
abutting lands within two hundred feet (200') in Over 5 acres 700'
all directions.
(2) A sketch plan of the Names and addresses shall be
proposed development including, but not limited provided by a title company and shall be
to: submitted for mailing to the Department no less
i. Circulation pattern and than fourteen (14) calendar days prior to the
distribution of parking areas; neighborhood meeting.
ii. Buildings and use areas, (c) The Planning Department shall take
with densities; and written note of substantive comments, major
iii. Landscapedbuffer/open concerns, and questions during the neighborhood
space and recreation areas, meeting. Written notes shall be available for
(3) The Director of Community public review within five (5) working days.
Development, or his/her representative, shall (d) A record shall also be established to
furnish the applicant with written comments include the names and addresses of persons
21-33
attending and/or providing comments as affected 21.02.410 APPEAL TO CITY
parties for subsequent notification. COUNCIL.
(Ord. 4172, 1988). An applicant or any affected party, other
than a City of Bremerton administrative officer
21.02.380 PRELIMINARY PUD acting in an official capacity, may appeal the
APPLICATION. decision of the Planning Commission to the City
A Preliminary PUD Application shall be Council in accordance with the appeal procedures
filed with the Planning Depamnent. The of BMC 21.02.930. (Ord. 4293 §8 (in part),
information necessary for submittal and 1990; Ord. 4172, 1988).
processing of a Preliminary PUD Application is
detailed in administrative supplements available 21.02.420 CITY COUNCIL ACTION.
from the Planning Department. An incomplete The City Council shall conduct a public
submittal will delay the processing of any hearing to consider (1) an appeal of a Planning
application. (Ord. 4172, 1988). Commission PUD decision, (2) any PUD that
includes a subdivision, (3) any PUD that includes
21.02.390 DEVELOPMENT a subdivision, (3) any PUD that involves a rezone
COORDINATING or combination of zones, or (4) other matters that
COMMITTEE. normally require Council approval. Action on
(a) A Preliminary PUD the Preliminary PUD Plan shall be limited'to the
application shall be reviewed by the appropriate overall layout, circulation, and densities ns a
City departments, coordinated by the Planning guide to preparation of the Final Plan. Written
Department. Findings of Fact and Conclusions of Law shall
(b) If the Director of Community support the Council's decision. (Ord. 4293 ~8 (in
Development recommends, in writing to the part), 1990; Ord. 4172, 1988).
applicant, that the PUD proposal be changed in
any way the applicant shall have seven (7) 21.02.430 FINAL PLAN
calendar days during which to respond in one of APPLICATION.
the following ways: An application for approval of a Final
(1) Modify the proposed PUD PUD Plan must be filed with the Planning
according to the Director's comments; Department by the filing deadline. The
(2) Negotiate the changes with information necessary for submittal and review of
the Directororhis/herrepresentative;or the Final PUD application is detailed in
(3) Choose not to change the administrative supplements which are available
proposal and give written notice to the Planning from the Planning Department. Incomplete
Department of thatdecision, submittals will delay the processing of any
(c) No response within the given time application. (Ord. 4172, 1988).
frame, when a response is necessary, will delay
scheduling of a public hearing on the application 21.02.440 DIRECTOR'S REVIEW OF
before the Planning Commission. FINAL PLAN.
(Ord. 4172, 1988). (a) The Director of Community
Development shall review the Final PUD Plan
21.02.400 PLANNING COMMISSION and shall verify that it is in substantial
RECOMMENDATION. compliance with the Preliminary Plan which was
After conducting a public hearing, the approved by the City Council, and that any
Planning Commission shall approve, deny, or problems and all details have been worked out. If
approve with conditions of the Preliminary PUD an affirmative finding of substantial conformance
proposal. This hearing shall be advertised in is made, the Director must approve the Final
accordance with BMC 21.02.380. (Ord. 4293 §8 PUD application without any additional
(in pan), 1990; Ord. 4172, 1988). stipulations. The final site plan shall be recorded
with the County Auditor.
21-34
(b) The Final Plan shall be in substantial PUD applicant to bring the Final Plan into
compliance with the approved Preliminary Plan. substantial conformance with the Preliminary
Minor administrative adjustments to the Final Plan, or submit a new Preliminary Plan. (Ord.
Plan may be approved by the Director and the 4172, 1988).
Final Plan shall be deemed in substantial
compliance if the following are not true: 21.02.460 SCOPE OF PUl)
(1) The general use or character APPROVAL
of the development is not changed. The PUD Final Approval shall
(2) There are no new or superimpose the PUD onto the underlying zoning,
increased traffic circulation problems, which is the official zoning district of record for
(3) The total number of the City of Bremerton. The use and density
residential dwelling units has not increased by restrictions of the underlying zoning are
more than five percent (5%) over the number applicable to the PUD, unless the City makes
shown on the Preliminary Plan. specific allowances otherwise in accordance with
(4) The gross square footage of the provisions of this chapter. However, the PUD
commercial, office, or industrial space has not shall allow exceptions to the lot requirements of
increased by more than five percent (5%) over the underlying zoning district, including
those shown on the Preliminary Plan. modifications to lot size, setbacks, height and
(5) The amount of approved other similar requirements. The PUD shall
open space has not decreased by more than three constitute a limitation on the use and design of
percent (3%). the site. (Ord. 4172, 1988).
(c) After the Director of Community
Development's decision has been made 21.02.470 ALLOWABLE USES.
concerning the Final Plan, a letter shall be sent to (a) The uses allowed in a PUD shall be
the persons of record explaining the Directoxas governed by the allowed uses in the underlying
decision and the appeal process, zoning district(s). If the applicant for the PUD
(Ord. 4293 §8 (in part), 1990; Ord. 4172, 1988). approval seeks to have uses allowed in the
proposed PUD that are not allowed in the
21,02.450 APPEAL OF DIRECTOR'S underlying zoning district(s), a rezoning of the
DETERMINATION. subject property shall be applied for through
The applicant or any affected party may normal procedures. Any zoning reclassification
appeal the determination of the Director of granted shall be conditional on City approval of
Community Development that the Final PUD. the Final site plan for the subject property.
Plan is or is not in substantial conformance with (b) There may be a composite of two or
the Preliminary Plan that was approved by the more zoning districts allowing land uses of those
City Council. Within ten (10) calendar days from zoning districts to be located anywhere within the
the date of the Director's determination, a written PUD in accordance with an approved site plan.
notice of appeal to the Planning Commission may Allowable uses, buildings, lots, accessory
be filed with the Secretary of the Planning structures, off-street parking areas, and open
Commission. The appeal will be scheduled on space may be located without reference to
the earliest possible Commission agenda. The boundaries of the underlying zoning.
Commission shall uphold or reverse the Directors (c) Any use normally subject to a Special
determination. The decision of the Planning Use Permit in a zoning district will be permitted
Commission shall be final, unless a written without the requirement of application for such a
appeal of that decision is filed with the City Clerk permit if that use is approved by the City Council
within ten (10) calendar days of the date of that in a PUD.
decision. The Directofs determination of lack of (d) Any use applied for and not
substantial conformance, or subsequent specifically listed in this chapter shall be
ratification by the Planning Commission or City permitted in a PUD if approved by the Planning
Council of that determination shall require the Commission.
21-35
(e) Determination of the maximum shall be accommodated safely without congestion
number of dwelling units permitted in a PUD on existing or planned streets.
shall be based on the gross acre. A gross acre (d) All development will be adequately
shall be defined as 43,560 square feet of land served by existing or planned facilities and
involved in the PUD, regardless of the current or services.
proposed use of the land. The maximum (e) The PUD will result in an attractive,
allowable density of a PUD in any residential healtlfful, efficient and stable environment for
zoning district shall be as follows: living, shopping, working and leisure activities.
(f) The development plan shall make
MAX. UNITS/GROSSACRE adequate and appropriate provision for the
BY PERCENTAGES OF preservation of the environment, both natural and
OPEN SPACE man-made, and the conservation of energy.
ZONING (Ord. 4172, 1988).
DISTRICT 15% 20% 25% OR MORE
21.02.490 SPECIlvIC DEVELOPM]gNT
SF-I 3 4 5 STANDARDS.
SF-2 5 7 9 Ail Planned Unit Development projects
SF-3 9 10 12 shall comply with the following standards, which
CBR 15 17 20 are intended to provide guidance and
DR 9 I0 12 predictability to all participants in the PUD
MF 22 26 30 process:
MR 44 50 60 (a) Parcel Size: An area not less than
I-ID 44 50 60 one (1) gross acre in size may be considered for a
PUD. The Planning Commission may accept
(f) The distribution of dwelling units parcels smaller than one acre provided that there
within the PUD is not limited to the boundary of is adequate showing by the applicant that:
any underlying residential zoning district(s). (I) The site has natural or
(Ord. 4293 §8 (in part), 1990; Ord. 4172, 1988). aesthetic features which may be destroyed or
adversely affected by traditional development
techniques otherwise allowed; or
21.02.480 GENERAL DEVELOPMENT (2) The site is located in a City
STANDARDS. designated urban renewal area, neighborhood
A PUD may be approved if it is found conservation area, or other "target area~ for
that the development conforms to ail of the rehabilitation or redevelopment; and
following general criteria: (3) Properties in the immediate
(a) The location, design, and uses of the vicinity of the proposed development are all or
PUD shall be consistent with the Comprehensive mostly developed, or are otherwise not available
Plan, Bremerton Shoreline Management for acquisition nor suitable for the proposed use;
Program, and with other applicable plans and and
ordinances adopted by the City. (4) The uses and style of the
Co) The PUD shall be integrated with its proposed development will be consistent with
surroundings and designed to harmonize with and/or complementary to the existing
existing or proposed development in the development character of the area.
neighborhood. In the case of a departure in Co) Setbacks and Perimeter:
character from the surrounding land uses, the (1) A residential Planned Unit
scale, intensity and design shall adequately Development smaller than one acre in area shall
reduce the impact of the development in such a conform to the normal setback requirements of
way that the project will not be detrimental to the the zoning district in which it is located. If the
neighborhood. PUD includes a combination of zones, the most
(c) The traffic generated by the PUD restrictive setbacks shall apply.
21-36
(2) All other PUDs shall open space, siting buildings and other structures,
maintain miuimum front, side, and rear setbacks routing underground services, and determining
according to the height of the buildings, as finished grade levels and areas to be paved.
follows: Natural amenities might include rock
out-croppings, ravines, groves of trees, ponds or
BUILDING SETBACKS streams. Up to one-third (1/3) of property
I-[EIGHT FRONT SIDE REAR intended to satisfy the open space requirement
can be unsuitable for recreational purposes ff
0-25 ft. 20 ft. 10 ft. 10 ft. consisting of existing natural site amenities.
26-35 ft. 25 fl. 15 ft. 15 ft. (5) When a PUD is constructed
Over 35 ft. 30 ft. 20 ft. 20 ft. in phases, common open space shall not be less
than fifteen percent (15%) of the total area
(c) Height: Building heights in a PUD developed in each phase and must be completed
may be varied from the underlying zoning in accordance with approved specifications at the
district(s). However, building heights shall be time of completion of each phase of the PUD.
compatible with the scale of the surrounding (6) Provisions shall be made for
neighborhood to maintain privacy, retain scenic the perpetual maintenance of all common open
views, and ensure a reasonable balance of light space areas.
and shadow on adjacent properties. (7) The total requirement for
(d) Open Space: active open space may be reduced by no more
(1) There shall be a minimum than twenty-five percent (25%) through the
of fifteen percent (15%) of the total area ora PUD provision of a recreation building, swLmming
dedicated as common open space, accessible to all pool, or similar major recreational facility that, in
owners or tenants of the development. Open the opinion of the Planning Commission, will
space shall be provided for active as well as better provide for the needs of the residents
passive recreational activities, and for the without significantly detracting from the project's
preservation of existing natural site amenities appearance or environmental quality.
whenever possible. Open space shall not include: (e) Circulation:
i. Streets, alleys, and other (1) All streets shall be publicly
fights-of-way, dedicated except:
ii. Vehicular drives, parking, i. Those serving three or fewer
loading and storage areas, lots in single-family developments which the City
iii. Required buffering and Engineer determines should remain as private
landscaping for parking areas; nor streets; and
iv. Perimeter setback areas of ii. Those serving recreational
the PUD project, vehicle or mobile home parks; and
(2) Open space and supporting iii. Those serving four or more
facilities intended for recreational use shall be lots which the City Engineer determines are not
designed and located to not adversely impact integral to the current and future circulation
surrounding land uses, especially existing pattern of the area.
residenfialuses. (2) Streets, whether publicly
(3) Open space and its intended dedicated or private, or rights-of way shall be
uses shall be clearly designated on the site plan. provided in accordance with City standards.
At least two-thirds of the open space area shall be (3) A pedestrian circulation
suitable for active recreational purposes. The system shall be designed to assure that
City will base its acceptance of these areas on pedestrians can move safely and conveniently
their dimensions, useability, location, slope, and beth on the site and between the site and nearby
physical improvements, properties and activities, as appropriate.
(4) The locations of natural site (4) All streets and parking areas
amenities shall be considered when planning for shall contribute to the overall aesthetic design of
21-37
the PUD, while minimizing traffic congestion and body of the PUD be responsible for the adequate
the amount of impervious surface area. maintenance of such facilities.
(5) No parking or maneuvering (Ord. 4440 ~2, 1994; Ord. 4293 §8 (in part),
areas shall be allowed within the PUD's perimeter 1990; Ord. 4172, 1988).
setbacks when the development is within or
abutting any residential zoning district. 21.02.500 PROJECT PHASING.
(6) The parking requirements If the PUD is designed to be built in
and provisions within any PUD shall be based on phases, the Final Plan may also be submitted in
the provisions contained in BMC 21.02.590-.690. phases. The Preliminary Plan, however, must be
(f) Screening: Ail utility facilities, submitted for all proposed phases at one time to
loading areas, trash containers, outdoor storage show the total development. At the time of the
areas and blank walls shall be screened from Preliminary Plan Review, the appropriate share of
surrounding properties, any off-site utility connections, streets, or other
(g) Architectural Theme: The structural public improvements to be constructed shall be
elements of each PUD, including accessory determined for each phase of the PUD. (Ord.
structures such as signs and lighting, shall be 4172, 1988).
integrated into a primary architectural theme.
(h) Service Improvements: Service 21.02.510 OPEN SPACE
improvements in a PUD shall bc provided in GUARANTEE.
accordance with the following provisions: In addition to the Final Plan(s), the
(1) Preliminary Plan Review: developer of the PUD shall submit a legal
Preliminary engineering information on waste instrument gumanteeing (1) the retention of open
disposal, water and electrical systems, street space and (2) the permanent maintenance of open
improvements, fire hydrants, drainage and other space and commonly owned facilities in
public improvements shall be reviewed to accordance with the provisions of this chapter.
determine the availability of such utilities and Guarantees may include, but are not limited to,
services to the site, their adequacy to service the grants to or reservations for the use of property
proposed project, and/or necessary measures to owners within the development, dedications to
make the needed utilities and services available the public, conveyances to property owner
on the site. associations or corporations, or by a combination
(2) Final Plan Review: of the above. (Ord. 4172, 1988).
i. Final detailed engineering
plans for drainage, grading, trash collection, fire 21.02.520 EFFECTIVE PUD PLAN.
hy.drants, waste disposal systems, water system, The development shall be constructed in
electrical system, street improvements and other a timely manner, as outlined in this section, and
public improvements must be submitted to be the development approval by the City shall be
approved by the City. The developer of the PUD subject to revocation if the following time
shall execute an agreement with the City to limitations for planning and development are not
ensure the installation of improvements, met:
ii. Where practical, all service (a) Time Limit for Action on a
facilities shall be placed underground, with the Preliminary Plan: Within a maximum of two (2)
exception of those that, by their nature, must be years following City Council approval of a
on or above the surface. Preliminary Plan, the applicant shall file a Final
iii. The Declaration of Plan for all or part of the Planned Unit
Covenants, Conditions, and Restrictions in each Development. If the Final Plan is not filed within
deed to be held by a property owner within the two years, the right to proceed under the
PUD shall require periodic assessments for the Preliminary Plan shall expire. The Planning
ongoing maintenance and repair of all private Commission may approve a one time one year
service facilities held in common. The extension of time upon a showing by the
Declaration shall also require that the governing applicant that progress is being made and that it
21-38
is very likely that the Final Plan will be submitted street signs, street lights, and landscaped buffem.
within theextendedtimeperiod. As improvements are completed and upon
(b) Time Limit for Validity of the Final application by the developer, a partial release of
Plan(s): The applicant must begin the the bend or collateral may be authorized,
development of an approved Planned Unit provided it will leave a balance equal to the cost
Development within two (2) years of Final Plan of completing the remaining improvements, as
approval. A one time one-year extension of time certified by the City. The bond or collateral
may be granted by the Planning Commission, as agreement shall provide for forfeiture to the City
provided above. If the project is to be developed and the fight to withdraw funds upon default by
in phases, the applicant must begin and the developer for the purpose of constructing any
substantially complete the development of each or all of the public improvements in accordance
phase within two (2) years of the time provided with the approved specifications.
for the start of construction of each phase in the (Ord. 4172, 1988).
development schedule. Extensions may be
granted by the Planning Commission on the mine 21.02.560 REAL PROPERTY
bases as provided above. Failure to develop RESTRICTIONS.
within the specified time limit shall cause a All the land within the Planned Unit
forfeiture of the right to proceed under the Final Development shall be subject to such contractual
Plan and require resubmittal of the Planned Unit agreements or recorded covenants as the City may
Development application, deem necessary to protect the public interest.
(Ord. 4172, 1988). (Ord. 4293, 1990; Ord. 4172, 1988).
21.02.530 CItANGES TO FINAL PUD 21.02.570 PENALTY.
PLAN. It shall be unlawful for any person, firm
Community Development may or corporation to construct, enlarge, or change
administratively approve minor changes to an any land or PUD in the City, or cause or permit
approved Final Plan in accordance with criteria of the same to be done, contrary to or in violation of
Section 21.02.440(b). (Ord. 4293 §8 (in part), any of the pmvisions of this Section. Anyperson,
1990;Ord. 4172, 1988). firm or corporation violating any of the
provisions of this Section shall be subject to the
provisions of BMC 21.02.945 et. seq. (Ord.
21.02.540 CONFORMANCE WITH 4172, 1988).
FINAL PLAN.
A temporary or final Certificate of 21.02.580 INTENT.
ocCUpancy or building permit shall not be issued It is the intent of the parking and loading
if it is not in conformance with the approved requirements to provide for well-designed, safe,
Final Plan. (Ord. 4172, 1988). and efficient off-street parking spaces to serve all
land uses, and thus help alleviate congestion on
21.02.550 PERFORMANCE BOND. City streets. Parking spaces and areas shall be
Prior to the issuance of any occupancy properly designed and readily accessible to
permits, the developer shall submit and enter into protect the public health, safety and welfare.
an agreement with the City to construct the (Ord. 4285, 1990).
development as approved, together with a
performance bond or other suitable collateral, to 21.02.590 GENERAL PROVISIONS.
be approved by the City Risk Manager in an (a)Provision and Use of Parking
amount sufficient to ensure the completion of Spaces.
improvements of a public nature to the required (1) Required parking spaces
specifications and including, but not limited to, shall be made available and continuously
streets, sidewalk~, waste disposal system, water maintained for the parking of operable passenger
mains, storm runoff and erosion control system, automobiles and bicycles of residents, customers,
21-39
patrons and employees of thc related land use and parking demand.
shall not be rented, leased or otherwise assigned (2) If a significant increase ia
to any person or organization without an parking demand results, in the opinion of the
approved joint use agreement or other City Director, additional parking shall be provided ia
approval, accordance with the parking requirements of this
(2) No business, display, or Chapter.
other non-parking activity shall be permitted on (e) Parking Requirements for Mixed
required parking spaces. Uses.
(b) Plans required. (1) For mixed use
(1) No building permit shall be developments, the total requirements for off-street
issued until the applicant has submitted parking shall be the sum of the individual use
satisfactory plans to the City showing how the requirements.
off-street parking and loading facilities required (2) Off-street parking facilities
by this chapter will be provided and maintained, for a specific use shall not be considered as
The plans must be approved by the City. meeting the parking needs of any other uses
(2) Development of a parking unless approved as a joint use parking facility in
lot without a building or other structure does not accordance with section 21.02.650.
require a building permit but does require site (f) Rounding of Numbers. When the
plan review in accordance with section 21.02.620 unit of measurement determining the number of
of this chapter and with the Site Plan Review required parking spaces results in a fraction, any
provisions of section 21.02.930. fraction of 0.5 or less shall be disregarded and a
(c) Nonconformities. Land uses and fraction greater than 0.5 shall require a full
buildings legally in existence prior to the parkings'pace.
adoption of these regulations shall not be required (g) Commercial Parking in Residential
to comply with these provisions, except: Zones. Unless authorized by Special Use Permit,
(1) When a building is moved the Limited Parking Overlay District, or other
to a new lot, there shall be provided off-street provision of the Zoning Ordinance, the rental or
parking and loading space as required by this lease of parking spaces or other use of property in
Chapter; and any residential zone for commercial parking
(2) When a non-residential purposes is prohibited.
structure or outdoor use is increased or (h) Parking Within Required Setback
structurally enlarged, off-street parking shall be Areas.
required for that new use; however, additional (1) Off-street parking spaces,
pa~king is not required (a) when the increase is other than driveways shall not be located within a
less than ten percent of the original square required rear or side setback area of any
footage of the space or use, or Co) when the residentially zoned lot unless said rear or side
expansion necessitates the addition of three or property line abuts an alley.
fewer parking spaces. When an expansion occurs (2) Off-street parking spaces,
in stages, the additional required parking spaces other than driveways, shall not be located within
shall be provided with each stage of construction, a required front setback area of any residentially
All parking spaces required by the total project zoned lot.
may also be included in the first stage of a (3) Parking spaces may be
multi-phase development, established within the front or side setback area
(d) Building Rehabilitation or Change in hardship situations if; (a) an alternative
of Use. parking proposal is approved as a Variance or
(1) Additional parking shall Administrative Variance; and Co) such
not be required as a result of a building remodel alternative parking proposal does not result in
or improvement, a change in use or tenancy, or a more than the minimum number of parking
new certificate of occupancy, provided such spaces required for the subject property or land
changes result in no significant increase in use.
21-40
(4) Parking is prohibited on standards.
landscaped or other areas not designed and (1) Drainage.
approved for parking. (1) All parking areas shall be
(i) Unobstructed Access and designed to properly dispose of surface water and
Circulation. prevent its drainage onto adjoining properties and
(1) Unobstructed vehicular shall meet all applicable City drainage
access to and from a public street shall be requirements.
provided for all off-street parking spaces. (2) All parking areas larger
Vehicular access drives shall be designed to than 5,000 square feet shall provide an on-site
insure the safety of persons using such access or stormwater detention system approved by the City
traveling on the public street. Engineering Department.
(2) No obstructions shall be (m) Maintenance.
permitted within any designated parking space or (1) The property owner shall
maneuvering area. ensure that parking areas are continually
(3) No parking space may maintained in good condition and free of refuse
block access to another parking space unless the and debris.
lot is supervised by an attendant with access to (2) All landscaping shall be
the keys of all vehicles, or unless a tandem kept in a healthy condition and properly
parking design has been approved by the City. maintained and replaced when necessary. (Ord.
O) Access onto Public Rights-of-way. 4285, 1990). _.
(1) Driveways and areas for
loading, parking and maneuvering of vehicles 21.02.600 PARKING LOT
must meet City standards regulating traffic flow CLASSIFICATIONS.
onto public streets and alleys. For design flexibility and specific
(2) The City or Washington adaptation, parking lot development standarfl~
State Department of Transportation may limit the apply to three parking lot classifications, defined
number, location and width of curb cuts along a and described as follow:
public right-of-way. (a) Class 'A' Lot:
(3) With the exception of (1) A conventional parking lot
single-family and duplex structures on individual that is either required by the City or otherwise
lots, parking spaces shall be designed to prevent developed to provide for the needs of a specific
the backing of vehicles onto a public land use such as a business, office, apartment
fight-of-way, other than an alley, complex, or other use.
(k) Driveways. (2) Shall conform to all
(1) Common driveways are standard parking lot minimum design
encouraged for adjacent lots, both residential and requirements, as contained herein.
non-residential. To create a common driveway, (3) May be required anywhere
adjacent property owners shall grant easements to in the City except within the HCentral Business
each other on the common driveway. These District Parking Area".
easements shall be approved by the City Attorney (b) Class 'B" Lot:
and recorded in the office of the County Auditor. (1) Central Business District
(2) A driveway located within a parking lot with modified development
residential front or side yard shall be no more requirements to take into consideration the
than twenty (20) feet in width and shall not be limited space, lack of building setbacks, and other
used in calculating the number of required features unique to the CBD area.
parking spaces. (2) Intended to provide for a
(3) Approval of non-residential combination of customer and employee parking
driveways will be based on the location, intended needs within an intense business environment.
usage, and other factors and shall be in (3) Standards are intended to
accordance with State and City engineering achieve basic improvements for safety and
21-41
convenience while emphasizing landscaping and beyond the property line or into the front yard
visual appearance improvements along street setback.
frontages only. ii. Wheel stops are attached to
(4) Applicable to properties the ground or pavement if curbs are not provided.
within the "Central Business District Parking iii. Any required walkway
Area", as shown on the map in Figure 600 and maintains a minimum three (3) foot wide
which coincides with the definition in section unimpeded passage for pedestrians beyond a two
21.02.070 of "Central Business District". and one-haft foot vehicle overhang distance from
(c) Class 'C" Lot: curb or wheel stop.
(I) -Commuter/long-term iv. The standard length of a
parking lot provided only for all-day or similar parking space may be reduced by up to two and
extended time parking for visitors, employees, one-half feet to compensate for the available
ferry commuters, and similar applications, overhang area.
(2) Lots may be employee-only (c) Parking Lot Setback Requirements.
lots or commercially operated, provided parking Setbacks shall be measured from the property line
fees are charged by the day or week and, in no to the nearest parking space or aisle and
case, for periods shorter than eight hours, maintained in accordance with the table in Figure
(3) Class ~C~ lots shall not be 610(b).
used for customer or client parking and shall be (d) Internal Parking LOt Design.
fenced or otherwise secured to prevent Parking lots shall utilize any or all of the
unauthorized use. following features to provide well-defined safe
(4) Class 'C" lots may be and efficient circulation for both vehicles and
permitted by Special Use Permit in any zoning pedestrians:
district that allows "Commercial Parking LOts~, (1) Standard traffic control
except that they shall not be permitted within the signs and devices to direct traffic.
~Centml Business District Parking Area". (2) Signs, crosswalks, raised
(5) Class "C" lots may be pedestrian walkways and night lighting to
permitted by Special Use Permit within a provide for safe pedestrian movement.
residential zone only when the proposed location (3) Landscaped islands, raised
is within the ~Limited Parking Overlay District~. curbs, and striping to define parking lot
(Ord. 4285, 1990). entrances, ends of parking aisles and the patterns
of internal circulation.
21.02.610 PARKING LOT (4) Overall design coordination
DEVELOPMENT and adherence to all applicable design standards.
STANDARDS. (e) Bicycle Facilities. For convenience
Unless specifically modified or exempted and security, bicycle parking facilities shall Dc
by the specific standards of each parking lot provided for all new office, retail commercial,
classification, all parking and loading areas shall institutional and recreational uses, as follows:
be developed and maintained as follows: (1) Near building entrances
(a) Minimum Design Standards. Thc rather than in remote areas.
minimum design standards for space size and (2) A location that will not
aisle width in "Standard" and "Conunuter" impede pedestrian or automobile traffic and will
parking lots are shown in Figure 610(a). not cause damage to plant materials.
(b) Permitted Modifications to (3) Designed to allow both the
Standards. Thc stall dimensions indicated in bicycle frame and wheels to be locked to a
Figure 610(a) may be modified as follows: parking structure which is firmly attached to thc
(1) Parked vehicles may ground or pavement.
overhang walkways or landscaped areas as (4) The number of required
follows: bicycle parking facilities shall conform to the
i. The vehicles do not extend requirements of Section 21.02.670(e).
21-42
(O Motorcycle Parking. (4) No signs other than those
(1) When provided, motorcycle indicating entrances, exits, name of the lot or the
parking spaces shall be easily accessible, provide establishment to which the lot is accessory,
space for a standard motorcycle, and shall be conditions of use, or identification of disabled
clearly identified with appropriate striping and parking spaces shall be erected.
signing. (5) Vertical si~tms between
(2) The size and number of thirty-six and eighty-four inches off the ground
required motorcycle spaces shall conform to the are required for each disabled parking space. The
requirements ofSection21.02.670(f), signs shall have the imemational symbol of
(g) Surfacing. Access, have colors of white on a blue
(1) Driveways and areas used background (see RCW 70.92.120), and have the
for loading, parking and maneuvering shall have notice "State disabled permit required".
a paved surface which is durable, and able to (j) Buffering and Screening. Unless
withstand all weather conditions, modified by the provisions of a Special Use
(2) A Class 'C~ lot may be Permit, Variance or other approval, all off-street
approved for gravel, crushed rock or similar parking lots shall be screened from the view of
unpaved surface through the Special Use Permit contiguous property zoned for residential use by
process, one of the following methods:
(3) Any parking lot approved See Figure 610(d).
for a gravel or other unpaved surface shall (1) Five foot wide landscaped
include a paved apron extending a minimum of buffer with dense evergreen hedge or other screen
twenty feet into the lot to minimize track-out of plantings of a size that will provide an inunediate
surface materials onto a paved public smut or effective visual screen having a minimum height
alley, of five (5) feet; or
(4) Unless modified with the (2) Solid fence or wall a
approval of the City Engineer, the minimum minimum of five (5) feet in height, unless
standards for parking lot surfacing are as shown modified by the City to correct a visibility
in Figure 610(c). obstruction; or
(h) Lighting. (3) An earthen berm planted
(1) With the exception of with grass, shrubs, or other groundcover and
single-family and duplex structures on individual having an effective visual height of at least five
lots, parking areas shall be lighted for the safety (5) feet; or
of pedestrians and vehicle circulation on the site. (4) A combination of the
(2) Lighting shall be designed above.
tO adequately illuminate the parking area while (5) Screening and buffering
preventing the direct illumination of adjacent may be interrupted where necessary for access to
properties, and from the parking area.
(i) Signage and Striping. (k) Trees and Landscaping.
(1) Directional signs and (1) Trees shall be provided
pavement markings shall be used to control along any property line abutting a residential
vehicular movement within parking areas and to zone at a minimum rote of one tree per each fifty
indicate the specific location of parking spaces, linear feet, or major portion thereof, providing the
(2) In parking lots that are property line does not abut an alley and is not
approved without a smooth paved surface, the obstructed by a building or other structure.
locations of parking spaces shall be clearly (2) If not necessary for visual
indicated by curb markings, wheel stops, bollards, buffering or ff other trees are on or near the
or other means, property line, trees may be irregularly spaced or
(3) Incidental signs within grouped rather than uniformly spaced.
parking lots shall be hmited to two (2) square feet (3) Street. trees shall be planted
in size. within the front setback area at a rate no less than
21-43
one tree per 25 linear feet, or major portion from internal landscaping requirements. Lots
thereof, of street frontage and shall be larger than 30 spaces are encouraged to place
continuously maintained to ensure safe visibility, landscaping emphasis at or near the periphery of
(Also see section 21.02.'/10, Landscaping.) the lot for visual effect.
(4) Whenever possible, mature v. Class "B" parking lots ar~
healthy trees already existing on the site shall be exempt from all internal landscaping
preserved. Credit may be given by the Director at requirements.
the time of Site Plan Review for the preservation (9) All new plantings shall be
of a significant tree in exchange for the loss of a No. 1 grade, as described by the American
parking space. Association of Nurserymen (AAlq). When
(5) Parking lot setback areas planted, plants shall be sized according to the
shall be landscaped with trees, shrubs, ground following table:
covers, tuff grasses, or combinations thereof.
Non-living materials shall not exceed twenty (20) MINIMUM PLANT
percent of the landscal~xt area at maturity. I~tT~:RIAL SIZES
(6) Seasonal conditions of plant
materials shall be considered in their application Type Size
as effective screens.
(7) To avoid obstruction of a Standard deciduous 1½ in. to 2 in. caliper
driver's sight distance, no plant material trees
emending higher than three feet above the ground
or tree branches lower than eight (8) feet above Small ornamental 1 ½ in. to 1R in. caliper
the ground shall be located within fifteen (15) feet and flowering
of any inter-section or curb cut. See Figure trees
610(d).
(8) Parking lots shall have at Evergreen trees 5 ft. to 6 ft. in height
least ten (10) square feet of interior land-
scaping for each parking space. Required Shrubs and ground Adequate size to be
peripheral trees and required landscaped setback cover consistent with design
areas shall not be included in the interior intent
landscaping calculations.
i. Interior landscaping shall be (Ord. 4285, 1990)
dispersed as equally as possible throughout the
parking lot. 21.02,620 SITE PlakN
ii. Each separate landscaped REQUIREMENTS FOR
area shall be a minimum of filly (50) square feet PARKING LOTS.
and stroll include at least one tree in combination (a) A Site Plan for parking faeilites
with shrubs, ground cover or other landscaping related to a proposed building may be included on
materials, the building's Site Plan. If not, a separate Site
iii. Ail Class "A" lots, and Plan shallbesubmitted.
Class "C" lots larger than 30 spaces, are exempt (b) The Site Plan shall be drawn to
from internal landscaping requirements if (1) scale, preferably no smaller than 1" = 50' nor
they have only a single aisle with parking spaces larger than 1" = 20', and shall include the
on one or both sides; (2) they have at least a following:
five-foot width of landscaping across the frontage (1) Overall site layout that
and along at least one other property line; and (3) delineates individual parking spaces and
the lot hah no internal parking islands or circulafion areas with their dimensions.
peninsulas. (2) Location map showing the
iv. Class "C" parking lois property to be stowed, access to streets, scale and
having 30 or fewer parking spaces are exempt north indicator.
21-44
(3) Locations of proposed curb satellite parking areas through the Special Use
cuts, noting distances to nearest intersections, Permit process in those zones that allow them.
other driveways, and other physical features. (a) A Special Use Permit may be
(4) Grading, drainage and granted for a satellite parking area in accordance
surfacing details through graphic representations with the procedures of section 21.02.905 and if
of pre-development and post-development the following requirements are adequately met:
contour intervals of no less than two (2) feet and (1) Evidence shall be provided
no more than five (5) feet. that sufficient property is available on the satellite
(5) Specifications for signs, site for the purpose intended.
· lighting, parking area markings, bumper guards (2) Unless the proposal is
and wheel stops, as proposed or required, voluntary and not required as a development
(6) All property lines and requirement, a binding agreement shall be
dimensions, executed to the benefit of the City by the owner of
(7) Landscaping design details, the satellite property. That agreement shall
including: include covenants running with the land to ensure
(i) List of plant materials and that the requirements of the Special Use Permit
their sizes, are observed and remain effective until there is a
(ii) Description of substantial change to the original conditions that
arrangements for the ongoing care and made satellite parking necessary. The agreement
maintenance of landscaping, shall contain:
(Ord. 4285, 1990). i. A covenant stating that the
title to and right to use the satellite lot will be
21.02.630 HANDICAPPED PARKING subservient to the title to the premises upon
REQUIREMENTS. which the primary structure or improvement is to
(a) All on-site parking areas shall be erected or made; and '
comply with the minimum requirements for ii. Warrant that lots are not and
handicapped/disabled parking, per State of will not be made subject to any other covenant or
Washington Regulations for Barrier Free contract for such or other use without the prior
Facilities (WAC 51.30). written approval of the City.
(b) Any public or private building that (3) The agreement shall be
was built or substantially remodeled after October filed with the County Auditor following approval
1, 1976, is required to have handicap accessible by the City Attorney.
parking spaces. (b) The satellite parking area shall meet
(c) Handicap accessible parking spaces all other provisions of this Chapter, unless
shall be located to provide the least distance to specifically altered by the conditions of a Special
the entrance of the building to which the parking Use Permit.
is accessory. (c) A limit on the time of day that the
(d) Parking spaces for the disabled shall satellite parking area may be used may be placed
be at least 12 feet 6 inches wide. Two adjacent as a condition of its approval if deemed necessary
disabled spaces may have a combined width of 21 by the Director for the protection of adjoining
feet, provided a marked access aisle of at least 48 areas.
inches is located between spaces. Other (d) Satellite parking areas, depending
dimensions shall be the same as those for on their location and purpose, may be approved
standard vehicles. See Figure 630. as a Class 'A', 'B", or ~C~ lot, in accordance
(Ord. 4285, 1990). with the provisions of this chapter.
(Ord. 4285, 1990).
21.02.640 SATELLITE PARKING
AREAS. 21.02.650 JOINT USE OF PARKING
Off-street parking requirements may be FACILITIES.
partially or totally satisfied with the approval of The joint use of parking facilities may be
21-45
established by Special Use Permit under the demonstrate that there will be no substantial
following conditions: conflict between the operating hours of the two
(a) Up to fifty percent (50%) of the uses for which joint use of parking facilities is
required parking for a theater, auditorium, proposed.
bowling alley, or dance hall may be supplied by (4) A properly drawn legal
the off-street parking provided by certain types of instrument, approved by the City Attorney and
uses referred to as 'daytime" uses in 'D' below, executed by affected parties to clearly set forth the
Co) Up to fifty percent (50%) of the terms of the parking agreement, shall be recorded
required parking for uses specified as "daytime" with the County Auditor.
uses in "D" below may be supplied by the parking (5) The right to occupy the
facilities provided by uses referred to as primary premises shall terminate if thejointuse
Nnighttime~ uses in "E" below, parking facilities that are necessary and were
(c) Up to seventy percent (70°/$) of the approved cease to be available.
required parking for a church or auditorium (Ord. 4285, 1990).
incidental to a public or private school maybe
supplied by the off-street parking facilities 21.02.660 FREIGHT LOADING
provided by uses referred to as "daytime" uses in ZONES.
"D" below. (a) Requirements.
(d) The following uses are considered as (1) One off-street loading space
primary "daytime" nses: shall be provided for new non-residential
(1) Bank. construction or additions having a floor area
(2) Offices. greater than one thousand (1,000) square feet but
(3) Personal service shop. not greater than twenty thousand (20,000) square
(4) Wholesale businesses, feet.
(5) Uses similar to the above (2) One additional off-street
that normally or traditionally operate only during loading space shall be provided for each
daytime hours, additional twenty thousand (20,000) square feet,
(e) The following uses are considered as or fraction thereof, of non-residential floor area in
primary "nighttime" or Sunday uses: excess of the first twenty thousand square feet.
(1) Auditorium incidental to a (3) Office buildings having a
public or private school, gross floor area of less than ten thousand (10,000)
(2) Civic and Commercial square feet do not require an off-street loading
Theaters. space.
(3) Bowling alley. (b) Loading Zone Development
(4) Dance hall. Standards.
(5) Church. (1) An off-street loading zone
(6) Uses similar to the above shall be at least ten (10) feet in width and have a
that normally or traditionally operate primarily total area of not less than two hundred fifty (250)
during evening hours or on Sunday. square feet.
(f) The following conditions shall be (2) A required loading zone
met as a requisite for joint use of parking may occupy all or part of any rear yard but shall
facilities: not be closer than twenty (20) feet from any
(1) The principal building or property within a residential zoning district.
use shall be located within a radius of eight (3) A loading zone shall be
hundred (800) feet of the joint parking facilities, screened from the view of any properly within a
(2) The principal building or residential zone abutting the subject property
use shall not be separated from its parking by an using the techniques outlined in section
arterial street unless they are within one block of 21.02.610(,j) and illustrated in Figure 610(d).
a signalized intersection. (4) With the exception of gates
(3) The applicant shall and security fencing, loading spaces shall be
21-46
accessible at all times from a street, alley or services, if such services are provided to
driveway and shall not be obstructed by other non-residents.
loading spaces, trash receptacles, outdoor storage, iv. The Director may authorize
or other obstacles, a reduction in parking requirements per Section
(5) Loading functions shall not 670(a)(2)(i) above.
interfere with any emergency access, fire exit, or (4) Mobile Home Park
required vehicle parking spaces, and shall not Requirements. Each mobile (manufactured)
occupy any part of a public fight-of-way, home park in which spaces are leased and not
(6) The loading function may individually owned shall provide, at a minimum,
be accommodated in combination with required the following off-street parking spaces:
customer/employee parking only if the applicant i. One (1) parking space per
can demonstrate that deliveries are only made home site.
during nighttime or other hours when customers ii. One parking space for each
are not present and the spaces are not in use. five home sites to be located in a fenced and
(Ord. 4285, 1990). screened security area as a vehicle, boat, or
recreational vehicle storage area (gravel surface
21.02.670 REQUIRED OFF-STREET may be approved).
PARKING SPACES. iii. One parking space for each
(a) Residential Requirements. five home sites for guest parking.
(1) The minimum off-street iv. Such additional parking
parking requirements for residential uses are spaces as necessary to provide for the parking
shown in Figure 670(a), including the modified needs of offices, community buildings,
requirements applicable to the West Bremerton recreational facilities, or other uses within the
Parking Area and CBD Parking Area. park that may be used by park residents or others.
(2) Boarding and Rooming (b) Non-residential Requirements.
Houses: Off-street parking requirements for wholesale,
(i) The Director may authorize retail, service, financial, offices, transient
a reduction in the number of required parking lodging, entertainment and other commercial and
spaces if there is a clear indication that the industrial uses are contained in Figure 670Co).
requirements of this Chapter are excessive, due to (c) Central Business District Parking
such factors as the residents' ability to drive, age, Area.
or mental or physical abilities or disabilities. (1) The CBD Parking Area, as
(ii) An agreement for such shown in Figure 600, is exempt from the
approval shall be filed with the County Auditor off-street parking and loading space requirements
following approval by the City Attorney and shall of the Zoning Ordinance. However, parking
continue no longer than the particular situation facilities that are provided voluntarily shall
exists, conform to the minimum design standards of this
(3) Group Home: Chapter for Class "B" lots.
i. No parking spaces beyond (d) Unlisted Uses.
those normally required for a single-family (1) For uses not specifically
dwelling shall be required for a group home, listed herein, the off-street parking requirements
provided the structure is not enlarged beyond a shall be determined by comparision to those of
size that is typical of the neighborhood, similar listed uses.
ii. If a structure is enlarged (2) In no case shall an unlisted
beyond four bedrooms for the puposes of a group use be determined to need fewer than one parking
home, one additional parking space shall be space per 500 square feet of gross floor area.
required for each bedroom beyond the first four. (3) The parking requirements
iii. One additional space shall for a specific building or project that have been
be provided for each three hundred (300) square modified through the granting of a Special Use
feet of gross floor area that is used for counseling Permit, Variance or Planned Unit Development
21-47
shall be clearly specified when such approval is extending into a public right-of-way.
given and when permits are issued. (2) A minimum of four (4)
(e) Bicycle Parking Standards. stacking spaces shall be provided for each service
(1) The minimum required bay on the entrance side and one (1) space on the
number of bicycle parking spaces shall be ten exit side.
percent (10%) of the required automobile parking (3) Service bays shall not be
spaces, with the following exceptions: designed to be entered from both sides.
i. Residential projects of six (6) (4) Circulation and stacking
dwelling units or less shall not require bicycle areas shall not be counted toward the required
parking, off-street parking spaces.
ii. The minimum number of (5) Stacking requirements shall
required bicycle spaces for schools of all types not apply to auto service facilities such as gas
shall be calculated at the rote of one space per stations, service stations, and auto repair garages,
twenty students, based on the facility's designed unless found to be necessary and required as a
capacity, condition of a SUP or other approval.
iii. Video game and similar (Ord. 4285, 1990).
amusement centers commonly frequented by
children and/or teenagers shall provide bicycle 21.02.680 VIOLATIONS, PENALTIES
facilities equal to one-third the required number AND APPEALS.
of automobile parking spaces. (a) Any violation of the requirements of
iv. Businesses which provide this Chapter shall be considered violations of the
automobile repair, gas and similar services and Zoning Code and subject to the penalties and
other uses which would not normally have a other provisions of Section 21.02.940 and 945.
bicycle-riding clientele, are not required to (b) An appeal of a decision involving
provide bicycle parking facilities, these parking and loading requirements may be
(f) Motorcycle ParkingStandards. made in accordance with the provisions of
(1) All multiple-family Section 21.02.935.
developments larger than six (6) dwelling units (Ord. 4285, 1990).
and all non-residential uses shall provide one
motorcycle space for every twenty-five (25) 21.02.690 INTENT.
required automobile spaces, with a minimum of The intent of this section is to establish
one space, landscaping provisions to achieve the following:
(2) The normal automobile (a) To provide a visual and physical
parking requirements may be reduced by one separation between land uses to safeguard privacy
space for every three motorcycle spaces provided, and property values;
up to a maximum reduction of five percent (5%) Co) To visually unify a neighborhood;
of the total required automobile spaces. (c) To enhance the appearance of the
(3) A motorcycle parking space City;
shall be no smaller than four (4) feet in width and (d) To reduce erosion and stormwater
eight (8)feet in depth, runoff, and to maintain or replace existing
(4) Motorcycle parking spaces vegetation;
shall be located according to the same siting (e) To promote public safety and general
criteria and standards that are applicable to other welfare.
types of vehicle parking. (Ord. 4172, 1988).
(g) Drive-through Stacking
Requirements. For any drive-in or drive-through 21.02.700 APPLICABILITY.
service bay, there shall be provided "stacking (a) The provisions of this chapter .qhall
spaces", as follows: apply to the following new construction and
(1) Designed to accommodate expansion of existing structures and/or uses:
vehicles awaiting service and prevent them from (1) Residential structures of
21-48
three or more dwelling units and all Unit Development or other ~iew processes,
non-residential uses/structures: except that all undeveloped areas of the property
i. When any non-residential or building site shall be landscaped and
development is proposed on a site that abuts any continually maintained or be maintained in its
residential zone, or when a multi-family natural undisturbed state.
residential development is proposed on a site that (b) No landscaping provisions are
abuts any single-family (SF) or duplex (DR) required for any residential development
zoning district, landscaping and screening shall consisting of one- or two-unit structures, except
be included by one of the following methods to by PUD or as required by the Planning
minimize potential use conflicts: Commission or the City Council.
(A) Landscaping forming a (Ord. 4325 §2 (in part), 1991; Ord. 4172, 1988).
year-round sight barrier in an area at least ten feet
(10') wide and a minimum of five feet (5') in 21.02.710 LANDSCAPING
height; or, STANI)ARDS.
03) A fence and/or berm no less (a) Existing Plant Materials:
than five feet (5') high pins shrubs and trees a (1) Existing healthy trees
minimum of five feet (5') in height in an area at located within required perimeter and/or other
least five feet (5')wide. landscape areas and which will not constitute a
ii. Except in the Central safety b~?ard shall be preserved, as follows:
Callow, and Manette Business Districts, the front i. Evergreen trees: Eight inches
yard area shall be landscaped consistent with the (8") in diameter or greater, measured four feet
front setback requirements of the zone or in (4') above existing grade; and
accordance with the landscaping requirements for ii. Deciduous trees: Twelve
off-street parking areas, inches (12N) in diameter or greater, measured
iii. One (1) tree per twenty-five four (4') feet above existing grade.
(25) lineal feet of street frontage shall be provided (2) Tree protection techniques
in all zones and special districts of the city. The approved by the Director of Community
type, size and specific locations of trees shall be Development shall be used during land alteration
approved by the City Parks Department and the and construction.
property owner shall arrange for the planting of (b) Plant Type and Size:
street trees through that Department. (1) All new planting material
(2) All parking lots and shall be No. 1 Grade as described by the
facilities. In addition, the screening and American AssociationofNurserymen(AAN).
landscaping requirements for off-street parking (2) Plants shall be sized
facilities contained in BMC 21.02.610 shall according tothefollowingtable:
apply.
(3) Free standing signs. An Type Minimum Size
area around the base of each flee standing sign
equal to the sign area must be landscaped to Standard deciduons I¼ in. to 2 in. caliper
improve the overall appearance of the sign and to trees
reduce the risk of automobiles hitting the sign or
supports of the sign. This landscaping must Small ornamental 1¼ in. to PA in. caliper
include vegetation and may include other and flowering
materials and components such as brick or trees
concrete bases, planter boxes, pole covers, or
decorative framing. Evergreen trees 5 ft. to 6 ft. in height
(4) There are no landscaping
provisions for residential developments of Shrubs and ground Adequate size to be
single-family or duplex strum on individual cover consistent with design
lots, other than may be required through Planned intent
21-49
(15') of the curb cut or comer of a driveway, or
(c) Performance Provisions: alley.
(1) Non-living groundcover iii. Other: The City Engineer
shall not exceed fifty percent (50%) of required may require additional sight distance and
landscaping, requirements to preserve clear sight distane.~.
(2) Perimeter landscaping shall (8) Landscaping intended for
consist of no more than fifty percent (50%) buffering or screening purposes shall provide
deciduous species, screening within three (3) years after planting.
(3) One tree for every (9) All landscaping shall be
twenty-five linear feet (25') of street frontage completed prior to the issuance of a certificate of
shall be planted along a street, and shall be occupancy, except as provided in Section BMC
spaced a maximum distance of thirty-five feet 21.02.760.
(357 on center, however, trees may be spaced (Ord. 4172, 1988).
irregularly in natural groupings rather than
uniformly spaced except as noted elsewhere in
this chapter. 21.02.720 OUTDOOR STORAGE.
(4) The screening standards (a) Storage yards and garbage dumpsters
may be met in any number of different ways: a shall be surrounded by a six foot (6') high solid
solid masom-y wall, wooden fence, earthen berm, wall or sight obscuring fence. The wall or fence
constructed planter, dense evergreen hedge, shrub shall be considered a structure and shall conform
groupings, or a mix thereof. The winter seasonal to setbacks which may be required for building
condition of plant material shall be considered on street frontage.
when it is used in screening. (b) Outdoor storage of materials shall
(5) Screening and buffering not exceed six feet (6') in height when visible
may be interrupted where necessary for access from a public right-of-way.
consistem with the general provisions of this (Ord. 4172, 1988).
chapter.
(6) In order to provide the City 21.02.730 LANDSCAPE PLAN.
Fire Department adequate access, all fire hydrants (a) When necessary, a landscape plan
are to be free of fences, hedges, and other shall accompany the building permit or other
landscaping obstacles. Shrubs eighteen inches application which will be reviewed and approved
(18") in height and less must not be placed closer by the Director of Community Development prior
than five feet (5') to a hydrant, and shrubs or trees to the issuance of a building permit except as
larger than eighteen inches (18") must not be noted in this chapter.
planted closer than twenty feet (20') to a hydrant. (b) A landscape plan shall be drawn to
(7) No landscaping shall be scale and shall indicate:
allowed to impair vision at a comer lot or from a (1) Existing property lines,
cttrb cut. trees, fences, and other screening and structures;
i. On a corner lot: No (2) Proposed plantings,
landscaping shall be allowed to impair vision identified by common name, and caliper, size,
between a height of three feet (3') and eight feet and minimum height of specimens to be planted,
(8') above the street grade in the area bounded by fences, water, and other elements;
the property lines of comer lots, and a line (3) Maintenance provisions:
joining points along those property lines forty feet i. All trees, shrubs, and other
(40') from the point of intersection (refer to landscaping shall be maintained in a healthy
Intersection Visibility illustration, Figure 750). growing condition. Dead or dying vegetation
ii. At a curb or comer: shall be replaced during the first poss~le spring
Landscaping shall not be higher than three feet or fall planting season. The planting area shall
(3') and no tree shall have branches or foliage be maintained reasonably free of weeds and
below a height of eight feet (8') within fifteen feet trash.
21-50
ii. Violation of these provisions (3) A tree trimmed to thc mink
shall be considered a violation of this chapter, within thc 3-8 fi. clear area.
All plant material shall be maintained as (4) Other plant species that are
designed and approved, so planted and trimmed as to leave a clear and
(c) Alternative Landscaping Plan: The unobstructed cross-view in all seasons.
requirements of this chapter may be modified to (5) A supporting member or
encourage better landscaping design as follows: appurtenance to a permanent building lawfully
(1) A request for approval of existing on the site.
alternate landscaping shall be submitted to the (Ord. 4325 §2 (in part), 1991).
Director of Community Development,
accompanied by a Landscape Plan as required 21.02.750 OPEN SPACE.
above. The following Open Space requirements
(2) The Director of Community shall apply to any development having a total
Development must make the following findings gross area greater than one acre:
in order to approve the alternate landscaping (a) Required Minimum: There shall be a
plan: minimum of fifteen percent (15%) of the total
i. The alternative landscaping gross area of the development dedicated or
will be equal to or better than that required by otherwise provided as common open space,
this chapter; accessible to all owners or tenants of the
ii. The alternative landscaping development.
will accomplish the intent of this chapter. (b) Active and Passive Areas: The open
(Ord. 4172, 1988). space areas shall be provided for active as well as
passive recreational activities, and for the
21.02.740 CLEAR VISION AREA. preservation of existing natural site amenities
(a) A clear-vision area shall be whenever possible.
maintained at the intersections of streets, alleys (c) Designated Open Space areas shall
and commercial driveways, or combinations not include:
thereof. (1) Streets, alleys and other
(b) The clear-vision area shall consist of rights-of-way.
a triangular area with two sides generally (2) Vehicular driveways,
following lot lines from the point of their parking, loading and storage areas.
intersection for a distance of forty (40) feet. The (3) Required buffering and
third line of the triangle connects the other two at landscaping for parking areas.
their 40 ft. marks and encloses the clear-vision (4) Required yard setback
a~ea, as illustrated in Figure 740. areas.
(c) A clear-vision area shall contain no (d) Location of Open Space: The open
plantings, fences, walls, other structures, or visual space and supporting facilities intended for
obstructions within a vertical area extending from recreational use shall be designed and located to
three (3) feet to eight (8) feet above the ground, not adversely impact surrounding land uses,
measured from the established centerline of the especially existing residential uses.
street, alley or driveway. (e) Natural Site Amenities: Natural site
(d) The foregoing provision shall not amenities shall be preserved to the greatest extent
apply to: practical when planning for open space, siting of
(1) Public utility poles, sign buildings and other structures, routing
supports and signals, underground services, and determining finished
(2) Other si~tms that are lower grade levels and areas to be paved. Natural site
than three (3) feet or higher than eight (8) feet amenities might include rock outcroppings,
and with only minimal supporting structures ravines, groves of trees, ponds or streams.
within the clear-vision area. (Also see Sign (f) Site Plan Review and Approval:
Provisions ofBMC 21.02.330). Proposed open space areas and their intended
21-51
uses shall be clearly designated on the Site Plan. 21.02.770 PURPOSE.
Thc City will base its approval of the proposed The purpose of this chapter is to provide
active or recreational open space on the for the continuation, alteration, conversion, or
dimensions, useability, location, slope, and termination of certain nonconforming uses,
physical improvements. Up to one-third of the structures, and lots which deviate from the
property intended to satisfy the open space regulations of this chapter. (Ord. 4172, 1988).
requirement can be unsuitable for recreational
purposes if consisting of natural site amenities. 21.02.780 NONCONFORMING LOTS.
(g) Phased Development: When a (a) Definition of Nonconforming Lots:
project is constructed in phases, common open A lot which is nonconforming does not meet all
space shall not be less than fifteen percent (15%) the lot requirements of the zoning district in
of the total area developed in each phase, and which it is located, but was lawfully created prior
must be completed in accordance with approved to the effective date of this chapter. A party
specifications at the time of completion of each asserting the existence of a lawful nonconforming
phase, lot has the burden of establishing that the lot was
(h) Provisions shall be made for the not substandard according to the requirements in
perpetual maintenance of all common open space effect at the time of its creation.
areas. (b) Continuation and Development:
(Ord. 4325 §2 (in part), 1991). (1) An undeveloped
nonconforming lot may be developed for any use
21.02.760 PERFORMANCE allowed by the zoning district provided the
ASSURANCE DEVICE. development meets, through design or by
(a) Landscaping may not always be approved variance, all lot development
completely in place at the time a Certificate of requirements oft hat zone.
Occu~ (CO) is sought from the City. If the (2) An existing structure may be
Planning Department determines that any enlarged or repaired on a nonconforming lot,
required landscaping has not been completed, the except as described in Section 2-B-4 below, if the
Planning Department may require that a enlargement, alteration, or repair complies with
performance assurance device be provided prior all development standards for the zoning district
to the issuance of a CO. The purpose of such a in which it is located, other than the requirements
requirement is to ensure that a landscape plan is for lot size, width or depth.
carried out ff approval of the plan by the City is (3) A lawful nonconforming use
required by this chapter. A bond shall be in the of land not involving a structure may be
amount of 125% of the estimated cost required to continued on a nonconforming lot, unless it is
complete the approved landscaping according to scheduled for amortization in accordance with
plan, to guarantee not only its installation, but BMC 21.02.840.
also the replacement of any plants that die within (4) A structure sited on a
two (2) years of the posting of the bond. If a nonconforming lot and which is damaged to the
performance assurance device is provided, extent of more than seventy-five percent (75%) of
landscaping shall be installed within six (6) its replacement cost, exclusive of foundations,
months of the date of issuance of a CO. If the shall not be reconstructed unless it is made to
approved landscape plan is not carried out, the conform to all development requirements of that
City shall use the performance assurance device zoning district, other than the lot size, width and
to complete the landscaping, depth requirements. The repair, expansion or
(b) A performance assurance device will replacement of a nonconforming use and/or
be released two (2) years after it is posted if the nonconforming structure are subject to BMC
landscaping vegetation is in a healthy growing 21.02.800 and BMC 21.02.810 respectively. The
condition. Director of Community Development shall
(Ord. 4172, 1988). determine the extent of damage.
(c) Annexation: Upon annexation of
21-52
real property by thc City, lots that were legally in nonconforming use may be allowed to replace a
existence prior to annexation shall become legal nonconforming use by Special Use Permit, but
nonconforming lots if they do not conform to the only when the new use is clearly a reduction in
lot requirements of the City's zoning district in the nonconformity or intensity, or when the new
which they are located following the annexation, use is found to be uniquely suited to existing
(d) Illegal Lot Reduction or Split: No buildings, structures, or other site improvements
land may be reduced in area or otherwise divided which themselves may be legal nonconformities.
or adjusted in such a manner that would result in
a lot that is in violation of the minimum lot size (e) Change to a Nonconforming Use: A
or dimensions required by the zoning district in change in ownership, tenancy, or management of
which the property is located, any nonconforming use shall not affect its legal,
(Ord. 4325 §3 (in part), 1991; Ord. 4172, 1988). nonconforming status. However, any
nonconforming use that has been changed to or
21.02.790 NONCONIZO~GUSES. replaced by a conforming use shall not be
(a) Definition of Nonconforming Use: re-established as a nonconformity.
Any activity, development or condition which (f) Expansion of a Nonconforming Use:
was legally established prior to the effective date A nonconforming use may not be enlarged or
of this chapter or subsequent amendments to this expanded, except as follows:
chapter and which would not be permitted (1) Alterations to a
outright or as an accessory use under this chapter nonconforming use are permitted within its
and is not specifically listed as being permitted by physical space, provided the use is not physically
Special Use Permit, Planned Unit Development, enlarged or changed to a different use;
or other special permitting process, is a legal (2) A single-family dwelling
nonconforming use. A nonconforming use may anywhere in the City or a duplex in any
or may not involve buildings or structures and residential zone may be altered or enlarged in
may involve part or all of a building or property, conformance with the site development
A party asserting the existence of a lawfully requirements of the zone in which it is located,
nonconforming use has the burden of establishing provided no additional dwelling units result; and
that, as of the effective date of this chapter, or (3) The acquisition of additional
subsequent amendments, the use was either accessory parking to serve an existing
consistent with the zoning provisions or was a nonconforming use is permitted and is not
pre-existing legal nonconforming use. considered an expansion of the nonconformity.
Co) Continuation: Should any zoning (g) Discontinuation of a Nonconforming
district or district requirement be amended by the Use: The discontinuation of a nonconforming use
City, any previously existing nonconforming use is defined as its cessation or termination. The
and any use that becomes nonconforming as a replacement of a nonconforming use by another
result of that change may be continued unless use shall be considered a discontinuation of that
otherwise provided under this section, or unless use. The discontinuation of a nonconforming use
caused to be discontinued by exercise of the for a period of one year or longer, or a change of
lawful authority of the City. the nonconforming use to a conforming use, shall
(c) Annexation: U~n annexation of constitute termination of the nonconforming
real property by the City, land uses that were shams of the use. Any -further use of the subject
legally in existence prior to annexation but that property or structure wherein the nonconformity
do not conform to the zoning district existed prior to termination shall be in
requirements following annexation shall become conformance with the provisions of the Zoning
legal nonconforming uses. Ordinance.
(d) Change in Use Intensity: A land use (h) Repair and Maintenance: Repair and
of equal intensity or impact may not be maintenance work on a structure containing a
substituted for a nonconforming use unless the nonconforming use may be carried out for the
new use conforms to the current zoning. Another improvement and restoration of safe and sanitary
21-53
conditions therein, but such repair and has the burden of establishing that, as of the
maintenance shall neither: effective date of this Zoning Code, the structure
(1) Increase the cubical content was either:
of that portion of the structure in which a i. Consistent with the
nonconformity is located, except as provided in requirements of the amended zoning provisions
section 2-F-2 above; as they applied to the property;
(2) Constitute structural ii. A prior legal nonconforming
alterations allowing for an expansion of the structure underthose provisions; or
nonconforming use, except as provided in section iii. Built pursuant to the
2-F-2; granting of a variance by the City.
(3) Increase the number of Co) Continuation: A nonconforming
dwelling units provided in a building; nor structure may be continued unless mused to be
(4) Restore a structure from discontinued by exercise of the lawful authority of
substantial destruction, as defined in this section, the City.
for the purpose of resuming a nonconforming use (c) Annexation: Upon annexation of
that is no longer lawful, real property by the City, structures that were
(i) Destruction of a Nonconforming Use: legally in existence prior to annexation, but that
The elimination or destruction of a do not conform to the zoning district
nonconforming use, including the substantial or requirements following annexation, shall become
total destruction of the structure in which it is legal nonconforming structures.
located, shall constitute a discontinuation of the (d) Change of Ownership, Tenancy or
use, subject to the provisions of Section 3-G of Management: Any change in the ownership,
this chapter, tenancy, or management of a nonconforming
(j) Unlawful Uses: Nothing in this structure shall not affect its legal nonconforming
chapter shall be interpreted as authorization for status.
or approval of the continuation of the use of a (e) Expansion of a Nonconforming
structure that is in violation of any ordinance in Structure: A nonconforming structure may be
effect at the time of the passage of this chapter, enlarged, extended or structurally altered without
The intermittent, temporary, or illegal use of land a variance, Provided, That:
or structures shall not be sufficient to establish (1) Any structural enlargement
the existence of a nonconforming use. or alteration complies with the setback, height, lot
(Ord. 4325 §3 (in part), 1991; Ord. 4172, 1988). coverage, and other development requirements of
the zoning district in which the structure is
21.02.800 NONCONFORMING located;
STRUCTURES. (2) Structural alterations may be
(a) Definition of Nonconforming required by the City pursuant to the provisions of
Structure: BMC 17.20 where such alteration is inunediately
(1) A nonconforming structure necessary to protect the health and safety of the
is one which was legally constructed prior to the public or occupants of the nonconforming
effective date of this chapter or subsequent structure or adjacent properties.
amendments to this chapter, but which does not (f) Repair and Maintenance: Repair and
comply with the required setbacks, height, lot maintenance work on a nonconforming structure
coverage, or other development requirements of may be carried out for the improvement and
the zoning district in which it is now located, restoration of safe and sanitary conditions, but
The term *structure* shall shall neither:
include, but not be limited to, principal and (1) Increase the number of
accessory structures, fences, edifices, signs, and dwelling units within the structure unless all
other site improvements intended for use, nonconformities are eliminated; nor
occupancy or ornamentation. A party exerting (2) Restore a structure from
the existence of a lawful nonconforming structure substantial destruction, as defined in this section,
21-54
for the purpose of resuming a nonconforming effect at the time of the passage of this chapter.
status. (Ord. 4325 §3 (in part), 1991; Ord. 4172, 1988).
(3) Extend the normal life
expectancy of the structure through the 21.02.810 CONSTRUCTION IN
replacement of major structmal components PROGRESS.
different from those contained in the structure at To avoid undue hardship, nothing in
the time it became a nonconformity, this chapter shall be deemed to require a change
(g) Destruction of a Nonconforming in the plans, construction, or designated use of
Structure: any structure for which a complete building~
(1) Partial Destruction. When a permit application was filed with the City prior to
nonconforming structure is damaged, but the the effective date of the tire which rendered the
extent of the damage is less than seventy-five structure or its use nonconforming. (Ord. 4172,
percent (75%) of the replacement cost of the 1988).
structure, exclusive of foundations, the
nonconforming structure status may be suspended 21.02.820 NONCONFORMI31G
for up to one (I) year fxom the date of aamage to SIGNS.
permit the needed repair and reconstruction. A Refer to BMC 21.02.230 for regulations
30-day extension may be granted by the Director pertaining to nonconforming signs. (Ord. 4172,
of Community Development based on unusual 1988).
circumstances. The validity of those
circumstances and the extent of damage to the
structure shall be determined by the Director of 21.02.830 AMORTIZATION.
Community Development. (a) Purpose: The purpose of this section
(2) Substantial Destruction. is to provide for the gradual elimination of
When a nonconforming structure is damaged to nonconformities or their conversion to
an extent exceeding seventy-five percent (75%) of conforming uses, after a reasonable allowance of
the replacement cost of the entire building, time for the amortization of investments of
exclusive of foundations, it shall not be repaired certain classes of nonconforming uses, to
or reconstructed unless it is done so to conform to encourage and promote the orderly and beneficial
the development requirements of the zoning development of the City. This section is intended
district in which the property is located, with the to apply to land uses and structures, other than
following exception: permanent buildings which have been determined
i. A single-family dwelling to be incompatible with the conforming uses in
located anywhere in the City, or a duplex located the surrounding neighborhood and with the goals
within any residential zoning district shall be and policies of the Comprehensive Plan. It is
permitted to repair or reconstruct following declared that the policy of requiring the
substantial destruction, provided such structure termination of certain nonconforming uses
was a legal nonconforming structure and use, and through amortization, subject to those exceptions
provided that the new replacement construction is set forth, is in the public interest and intended to
in conformance with all site development promote the general health, safety and welfare.
requirements of the zoning district in which the (b) Initiation of Amortization:
property is located with the exception of lot size, (1) An amortization action may
width or depth, be initiated by the Director of Community
The extent of damage shall be Development, Mayor, Planning Commission, or
determined by the Director of Community the CityCouncil.
Development. (2) The City Council shall
(h) Unlawful Structures: Nothing in thi.~ approve a proposed amortization action prior to
chapter shall be interpreted to be authorization any notification or other action.
for, or approval of, the continuation of the use of (c) Term of the Amortization Period:
a structure that is in violation of any ordinance in (1) The standard amortization
21-55
period shall be three (3) years, be reasonably compatible with and not
(2) The amortization period detrimental to the use of adjacent properties; and
may be shortened or extended, with City Council iii. That the property owner(s)
approval, according to the urgency of the action, has a plan for the termination of the
extent of the use or structure involved, value of nonconformity and is making progress toward
the structure, and amount of difficulty involved in that end.
correction of the nonconforming situation. (2) Application Process for
(d) Notices of Amortization and Continuance.
Termination: i. The Request for
(1) Notice of Amorfi?ation, Administrative Continuance shall be filed with
including the termination date shall be provided the Department of Community Development prior
to each affected property owner by certified mail. to the termination date of the amortization period,
i. The Notice shall be recorded or prior to the termination of a previous
with the County Auditor. continued period.
ii. Notice shall set 'forth all ii. The applicant may be the
pertinent provisions of this chapter, including the owner of record of the property, a person with a
purpose, power of attorney from the owner, or a lessee if
iii. Failure to send notice by the terms of the lease permit the existing use.
mail to any owner where the address of said (3) Notice of Application for
owner is not a matter of public record after a Continuance.
reasonable effort has been made to locate the i. Written Notice of the
owner, and failure to record the notice, shall not Application for Continuance shall be mailed to
invalidate any proceeding under this chapter, the owners of record of all properties within a
(2) Notice of Termination and radius of three hundred (300) feet of the subject
Order to Comply. property.
i. A Notice of Termination of ii. One or more similar notices
the nonconforming use and Order to Comply with shall be posted on or near the subject site.
the current land use regulations shall be served by (4) Determination by Director.
the director or his authorized representative upon i. The Director shall investigate
the owner(s) of record, the matter and make a decision within sixty (60)
ii. This Notice shall be served calendar days from the date the application was
within thirty (30) calendar days following the end filed.
of the amortization period, ii. The review period may be
iii. If the director is unable, extended with the mutual agreement of the
wi~ reasonable effort, to serve notice on the applicant and Director.
property owner(s), the Notice and Order shall be iii. The decision shall be based
delivered to a lessee of the subject property, on the criteria for approval set out in this Section
(e) Request for an Administrative and shall be supported by findings of fact.
Continuance: iv. The Director may impose
(1) Grounds for Continuance. conditions and time limitations, as deemed
A nonconforming use may be maintained beyond necessary to ensure compatibility with adjacent
its period of amortization if the director approves and nearby properties.
a Request for Administrative Continuance, based v. The written determination
on the following determinations: shall be filed as a public record.
i. That speciai circummances (f) Appeal of Director's Determination:
apply to nonconforming use or property that do (I) An appeal to the Director's
not generally apply to other properties affected by determination may be made to the Planning
the amortizafionprogram; and Commission in accordance with the appeal
ii. That a continuance for a procedures containedinBMC 21.02.930.
prescribed period is in the public interest and will (2) The Planning Commission
21-56
shall suslain the decision of the Director if, fourteen (14) calendar days from the date of the
following a public hearing, it determines that one decision. The Commission will conduct an open
or both of the following conditions apply, record appeal hearing. (See Figure 840.)
i. That the nature of the use is (Ord. 4567, Amended, 9/19/96)
such that it can be altered or terminated so that
the property can be used in conformance with the 21.02.845 TYPE H ADM~INISTRATIV'K
uses permitted in the zone in which it is located; DECISIONS WITH
or NOTICE.
ii. That the nonconforming use (a) Actions: The following permits and
is detrimental to the public health or safety, or is approvals require limited public notice.
a public nuisance. Pre-decision comments are encouraged and the
(Ord. 4325 §3 (in part), 1991; Ord. 4172, 1988). Director may approve, approve with conditions,
or deny the request.
21.02.840 TYPE I ADMINISTRATIVE (1) Short Subdivision (short
DECISIONS plat)
(a) Actions: The following permits and (2) SEPA Determination.
approvals involve direct application of adopted (3) Wetland or stream
codes and standards with many of the decisions assessment.
made immediately at the customer counter. The (4) Wetland or stream
decisions are administrative and public notice is development permit.
not required. An asterisk (*) denotes permits and (5) Variance.
approvals that are excluded from the 120-day (6) Administrative Special Use
processing and notification requirements of this Permit.
section. (7) Zomng Ord. Special
(1) Building and sign permits.* Exception.
(2) Home occupation.* (8) Design Review. (exempt
(3) Land uses permitted from 120 day processing requiremen0
outright. (9) Plan or Code Interpretation.
(4) Structures permitted (10) Minor alteration of
outright, approved plat.
(5) Boundary line adjustment.* (b) Decision format: 'Uae decision slmll
(6) Minor amendment to be in a written format that clearly indicates the
approved PUD. findings of fact, evaluation of approval criteria,
(7) Minor amendments to other conclusions, the decision, any conditions of
permits, approval, and any maps, designs, site plans, or
(8) Temporary emergency other related graphic materials.
wetland or stream permits.* (c) Final Decision: The Director's
(9) SEPA exempt:* decision (or SEPA Official's decision in the ease
-- Claaring less than 2 acres, of a SEPA-related action) is final when issued,
-- Grading less than 100 cu. for purposes of appeal.
yds. (d) Appeal: Type II decisions may be
(10) Landscape plan. appealed to the City Council within fourteen (14)
(11) Site Plan Review. calendar days from the date of decision. The City
(12) Recreational vehicle Council will conduct an open record appeal
90-day permit.* hearing.
(b) Final decision: The Director's (Ord. 4567, Amended, 9/19/96)
decision shall be final when issued for purposes
of appeal. 21.02.850 TYPE l/I CITY COUNCIL
(c) Appeal: Type I decisioas may be DECISIONS.
appealed to the Planning Commission within (a) Actions: The following actions may
21-57
be approved, approved with conditions, denied, or hearing. These decisions are exempt from the
remanded by the City Council following an open 120-day processing and single open record
record pre-decision public hearing, unless noted hearing rules and most will be considered by the
otherwise. Public notice is required for Type Ill Planning Commission in open public hearing
actions. Recommendations will be provided by prior to making its recommendation to the City
the Planning Commission following a public Council. Public notice is required.
meeting. Staff may conduct additional (1) Annexation.
neighborhood meetings when required or when (2) Urban Renewal Plan.
otherwise warranted by the Director for public (3) District, community,
information or data gathering purposes. An neighborhood, or other special area plan.
asterisk (*) denotes actions that arc exempt from (4) Comprehensive Plan
the 120-day permit proc.~ssing requirement. Amendment.
(1) Preliminary Subdivision (5) Development regulation
Plat. adoption or amendment.
(2) Final Subdivision Plat. (6) Zoning Map Amendment
(3) Vacation of existing (other than single lot or small area rezones).
subdivision. Co) Decision Format: Type IV decisions
(4) Vacation of street shall bc made by ordinance.
right-of-way. * (c) Final Decision: Type IV decisions
(5) Surplus or sale of other are made by the City Council following its open
public property. * record public hearing and arc final when issued,
(6) Planned Unit Development for purposes of appeal.
(PUD). (d) Appeal: Type IV decisions may be
(7) Major amendment to a appealed to Superior Court within the fourteen
previously approved Type III decision. (14) day appeal period, or on the effective date of
(8) Binding Site Plan. the ordinance, whichever is longer.
(9) Non-administrative Special (Ord. 4567, Amended, 9/19/96)
Usc Permit.
(10) Rezone for specific 21.02.860 SHORELINE DECISIONS.
properties or small area. (a) Actions: The following are subject
(11) Development Agreement. to the requirements of Bremerton's Shoreline
· Master Program but shall be decided within 120
Co) Decision Format: Type III decisions days. Recommendations and hearings shall be
shall be made by resolution, ordinance, or other conducted as described in thc "Permit
form appropriate to that particular decision and Processing" table that follows.
suitable for recording. (1) Shoreline Substantial
(c) Final Decision: Type III decisions Development Permit
are made by the City Council and are final when (2) Shoreline Conditional Use
issued for purposes of appeal. Permit
(d) Appeal: Type Ill decisions may be (3) Shoreline Variance
apIr. zl~ to Supcri0r Court wi~n thc fourteen (4) Shoreline Permit Revisions
(14) day appeal period, or on the effective date of (5) Shoreline Master Program
the ordinance, whichever is longer. Amendments
(Ord. 4567, Amended, 9/19/96) CO) Decision Format: Completion of a
prepared form or statement of findings,
21.02.855 TYPE IV LEGISLATIVE conclusions and thc decision of the approving
DECISIONS. body. Adoption of and amcnclmcnts to the
(a) Actions: The City Council may Shoreline Master Program shall bc made by
approve, modify, or deny the following legislative ordinance.
decisions following an open pre-decision public (c) Final Decisions:
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(1) Substantial Development (a) A Planned Action does not require a
Permits and amendments to existing permits are threshold determination nor the preparation of an
decided administratively, in the same manner as environmental impact statement under State
other Type II permits. Environmental Policy Act (SEPA). However, an
(2) Conditional Use Permit~ environmental checklist may be requested as part
and Variances are decided by the Planning of the initial application to help disclose, review
Commission and may be approved, rejected, or and mitigate environmental impacts through the
modified by the Department of Ecology. A Site PlanReview process.
neighborhood meeting or study session is (b) To qualify as a "Planned Action", a
optional, project action must:
(3) All Shoreline Permit (1) Be a clearly designated or
decisions mnstbe submitted simultaneously to the proposed action within a plan, ordinance or
applicant, the Department of Ecology (DOE), and resolution that was adopted by the City, and be
to the attorney general. DOE may approve or consistent with the Comprehensive Plan;
disapprove the permit. (2) Have had any significant
(4) Shoreline Master Program impacts adequately addressed in an
Amendments are decided by the City Council environmental impact statement prepared in
and may be approved, rejected, or modified by the conjunction with the City's Comprehensive Plan
Department of Ecology. or related neighborhood, subarea, urban renewal,
(d) Appeals: An appeal of a local or other special area plan;
shoreline permit decision may be filed with the (3) Be a subsequent or
City Council first, with a second appeal to the implementing project for proposals contained in
Shorelines Hearings Board (SHB), or may be filed the Comprehensive Plan or related plans;
directly with the SI-lB. (4) Be located within the City
(1) Decisions on Substantial limits or Urban Growth Area; and
Development Permits, Variances and Conditional (5) Not be an essential public
Use Permits may be appealed to the City Council facility, as defined in RCW 36.70A.200.
within fourteen (14) days of the date of the (c) Planned actions may be limited to
decision, and considered in an open record appeal certain types of development, to specific
hearing, or geographical areas of the City, and/or to a time
(2) Those decisions listed in period identified in the EIS, plan, ordinance or
(d)(1) above or City Council decisions on appeals resolution that designated the planned action.
of earlier decisions, may be appealed to the (d) Project review of a planned action
Shorelines Hearings Board by filing a Petition for shall not address its appropriateness nor question
Review within twenty-one (21) days of the date of the basis of its proposal in a comprehensive plan
the Department of Ecology's review and or other adopted document. Project review shall
decision, be used to identify specific project design and
(3) The decision of the conditions relating to the character of
Department of Ecology pertaining to the adoption development, such as the details of site plans,
of, or amendment to, the Shoreline Master related public facilities and services, payment of
Program may be appealed to the Central Puget impact or other fees, or other measures that may
Sound Growth Management Hearings Board per be needed to mitigate probable adverse
RCW 36.70A.250 through 320. environmental impacts.
(4) Appeals to the City Council (Ord. 4567, Amended, 9/19/96)
shall be decided within thirty days of the filing
date. Appeals to the Shoreline Hearings Board 21.02.870 GENERAL PROCESSING
will be decided within 180 days. PROCEDURES.
(Ord. 4567, Amended, 9/19/96) (a) Determination of proper
procedure:
21.02.865 PLANNED ACTIONS. (1) The Director or his/her
21-59
designee shall determine the proper procedure for nm concurrently. An appeal of a SEPA
the processing of each development application, determination, other than a Declaration of
(2) Disputes shall be resolved in Significance (DS), will be heard at theopen
favor of the higher category of decision (Type record pre-decision public hearing.
I-IV). (3) The technical review sh~li
(3) A permit or approval determine consistency of the project with
involving the siting or development of important applicable plans and regulations in at least these
public facilities or utilities, or related to the use of four areas: (1) the type of land use allowed; (2)
public areas or facilities for public purposes, may the level (density or intensity) of development
be excluded from the 120-day permit process by allowed; (3) the adequacy of needed
passage of a resolution that presents the special infrastructure; and (4) the character of the
circumstances that warrant a different process, proposed development, as determined by its
Co) Optional Consolidated PermR compliance with specific development standards
Process: An application that involves two or and/or guidelines.
more permits or procedures may be proceossed one (f) Determination of Completeness:
of two ways, at the option of the applicant: Within twenty-eight (28) days of acceptance of a
(1) Individually according to project permit application, the City shall mail or
the established process for each permit or personally provide a written notice of
approval; or completeness to the applicant which states that
(2) Collectively under the the application is complete or incomplete.
h/ghest category of decision (Type I-IV) required (1) A complete application will
for any part of the application. This Consolidated meet the basic submission requirements and
Review process may combine an open record include other application requirements contained
pre-decision hearing on one or more permits with in this chapter and any data determined to be
an open record appeal hearing on other permits, reasonably necessary by the Director or through
(c) Pre-application Conference: With the pre-application conference.
the exception of Type I approvals, a conference (2) An application shall be
with DCD staff to preview proposals and explain deemed complete if the City does not provide a
the application requirements and procedures prior written determination within 28 days of
to submitting an application is required. Anyone submittal.
choosing the Consolidated Permit Process must (3) The Determination of
also begin with a pre-application conference. Completeness shall not preclude the City from
(d) Official File: The Department shall requesting additional information or studies that
establish an official file containing all may be required later, or resulting from changes
applications, correspondence, and other materials to the proposal.
related to the application(s). The file is a public (g) Incomplete Application:
record and available for inspection at DCD (1) The Determination of
during normal working hours. Completeness shall provide 90 days for the
(e) Technical Review: applicant to submit the information necessary to
(1) Most Type II, III, and IV make anapplicationcomplete.
applications will be distributed to other City (2) If the applicant does not
departments, agencies, and interested provide the necessary information within 90 days,
orga~iTmions for their review and comment or refuses in writing to 'do so, the application
during a specified comment period of 14 days. shall lapse and may not be resubmitted for one
The comment period may be as long as 30 days if full year.
necessary for the review of unique or complex (3) If the application has lapsed
applications, for any reason prior to becoming a complete
(2) The review shall include application, the application fees unrelated to the
both land use and environmental impact analysis technical review and Determination of
so that the governmental and public reviews will Completeness shall be refunded, if requested by
21-60
the applicant, any Type II decision and any shoreline permit
(h) Notice of Application: This notice decision, and will be followed by an appeal period
shall be issued for Type II and III project permit of fourteen (14) days.
applications, within 14 days of the Determination (2) The Notice of Final
of Completeness. It is not required for Type I or Decision follows ail local appeals and City
IV apphcations, nor for other exempt project Council decisions. It shall be issued following all
permits. (See Section 21.02.905Co) Notice.) Type III and IV decisions and at the conclusion of
(i) Public Meeting: If not specifically all local appeals of Type II decisions and
required for a particular permit, the Director may shoreline permit decisions. This notice must be
· initiate a public meeting to be conducted by City issued within 120 days, as adjusted, following the
staff, the Planning Commission, neighborhood Determination of Completeness.
orga~i?:ation, or other appropriate body. (Ord. 4567, Amended, 9/19/96)
(a) Purpose: To explain the
proposal, discuss its characteristics and 21.02,875 PROJECT PERMIT
alternatives, and receive questions and comments APPLICATION.
from citizens or other interested parties. (a) Basic Information: The following
Co) Informai Meeting: The information shall be provided for all
meeting may be held in the Council Chambers of d~elopment-related applications, unless found by
City Hall or in any other suitable location and the Director to be unnecessary for the particular
shall be conducted informally. It may be referred application:
to as a study session, neighborhood meeting, or (1) Completed application form
other public meeting, but shall not be conducted for the permit(s) requested.
as a formal public hearing. If not a requirement (2) Legai description for the
of the body conducting the meeting, the meeting subject property. (Assessor's plat map and the
need not be recorded electronically. Written parcel's account number may be adequate in most
minutes or a meeting summary shall be produced cases.)
and made part of the record. (3) Vicinity Map showing the
(c) Notice: Shall be posted in location of the subject property and including
accordance with Section 21.02.905(1>)(3), surrounding major streets, shorelines and other
(j) Public Comment Period: reference points.
(1) A comment period of at (4) A Site Plan of the subject
least fourteen (14) days but not longer than thirty property if any physical changes will result from
(30) days shall follow the Notice of Application approval of the request.
and be six:cried in that Notice, except that a (5) Mailing labels with names
twenty (20) day comment period shall be and addresses of all owners of record of parcels
provided for Shoreline permits, within the notification radius for the type of
(2) The City may accept permit requested (not required for Type I). At
written comments at any time prior to the close of the applicant's option, DCD staff will provide
the open record pre-decision heating, or prior to this service for an additional fee.
the decision on the project permit if no hearing is (6) The names, addresses, and
required, phone numbers of the applicant and all owners of
(k) Notice of Public Hearing: Notice the subject property, along with a signed letter or
for all applications that require a public hearing other verification of the owner(s) consent to the
and all appeals that will be heard in an open application.
record hearing shall be given public notice at (7) An Environmental
least ten (10) days prior to the date of hearing, as Checklist, Environmental Impact Statement,
provided in Section 21.02.905(d). wetlands or stream delineation, or other necessary
(1) Notice of Decision: environmental documentation.
(1) A written Notice of (8) Any additional information
Decision shall be issued within ten (10) days of that may be specifically required for the permit
21-61
being considered or that has been determined by hearings.
the Director as reasonably necessary for a (d) An open record public hearing is
decision on the application(s). A survey may be intended to supplement other materials and
required to resolve questions pertaining to complete the record on the application.
property lines, locations of structures, etc. Testimony will be accepted from the public,
(9) The application fee(s) for evidence and arguments will be heard, and new
the permit(s) requested, material will be entered into the record.
(Ord. 4567, Amended, 9/19/96) (e) Type IV decisions are legislative, not
quasi-judicial, and exempt from the 120-day
21.02.880 PUBLIC HEARINGS. processing requirement and the limitation on the
(a) Definitions: number of open record hearings. They may
(1) Open Record Public include open record hearings before both
Hearing: Permits that require a pre-decision Planning Commission and City Council.
public hearing shall be heard by the designated (f) When two or more public agencies
hearings body. The hearing shall afford must conduct public hearings on an application,
everyone present the opportunity to comment on the hearings shall be combined and held within
the proposal prior to the decison, the local jurisdiction whenever possible.
(2) Public Meeting: City staff (g) Staff Support: The Director shall:
or the Planning Commission may conduct (1) Schedule an application for
meetings to explain proposals and/or gather public hearingwhenrequired.
information and comments from the residents of (2) Provide the required public
specific areas or neighborhoods on either notice.
quasi-judicial or legislative proposals and plans. (3) Provide a single Staff
Informal public participation shall be encouraged Report stating all of the decisions made as of the
and documented. The information gathered shall date of the report, including recommendations on
be used to formulate a recommendation to the project permits in the consolidated permit process
decision-making body but shall not be the record that do not require an open record pre-decisiun
upon which the decision is made for a project hearing. The report shall describe the
permit, alternatives that were considered, forward
(3) Study Session: The testimony and comments that were given,
Planning Commission or City Council may evaluate the approval criteria, and state any
conduct study sessions to discuss procedures, plan mitigation required or proposed under the
details, development proposal alternatives, or development regulations or the City's authority
other matters that demand staff clarification or under SEPA. If the threshold determination,
study. A study session is not a permit other than a determination of significance (DS),
requirement but is often followed by a public has not been issued previously, the report shall
hearing or other required action. Although a include or append this determination. The staff
study session is an open meeting, it is not a public report may function as the permit for a Type I or
hearing where public comment is taken. II administrative decision.
Co) Pre-decision and appeal open record (4) Provide the required Notice
public hearings shall be conducted by the City of Decision.
Council in accordance with its rules for public (Ord. 4567, Amended, 9/19/96)
hearings and appeals.
(c) In hearing matters, including 21.02.885 DECISIONS.
appeals, that require application of law and (a) Burden of Proof: The applicant has
determination of facts which predominantly affect the responsibility of providing all maps,
particular parties rather than the public generally, materials, and other documentation required for
or a class or group, the hearing body sits as a the processing of the application and
quasi-judicial body and will conduct the hearing demonstrafix~g that the project or request meets
in accordance with established rules for such the City's regulations andapproval criteria.
21-62
(b) Decision Hierarchy: Decisions on in writing to a time period for completion of the
applications of different types that are being EIS.
processed under the optional consolidated permit (3) Any period required to
process shall be made together by the highest process an administrative appeal of a project
decision maker or decision-rooking body. permit. The clock may stop for a period of up to
(c) Permit Decision: The decision on a ninety (90) days for an open record appeal
permit application shall be to approve, hearing and up to sixty (60) days for a closed
conditionally approve, or deny the application, record appeal. This period begins on the filing
(d) Appeal Decision: The decision on date of the appeal and ends on the date of the
an appeal shall be to affirm, reverse or remand Notice of Decision. The parties may agree to an
the decision that is being appealed, extension of the appeal period.
(e) Decision goes with the Land: (4) Any other extension of time
Approval of any development application applies mutually agreed upon by the City and applicant.
only to the specific property for which it was (c) Time limits do not apply if a project
approved. It does not go with the owner or permit application:
applicant and may not be transferred to any other (1) Requires an amendment to
property or structure, the Comprehensive Plan or a development
(f) General lrinding~: In addition to regulation.
findings addressing the approval criteria for a (2) Requires approval ora Fully
specific permit, all proposals must meet the Contained Community, a Master Planned Resort,
following tests to be approved or recommended or the siting of an essential public facility.
for approval: (3) Is substantially revised by
(1) The proposal is consistent the applicant. The clock begins when a new
with the Comprehensive Plan and other adopted Letter of Completeness is issued.
plans. (d) ff the City is unable to comply with
(2) The proposal conforms to all any of the time limits provided herein, it shall
applicable City development regulations, provide written notice to the applicant (or
minimum standards, and design guidelines, appellant), along with a statement of reasons why
(Ord. 4567, Amended, 9/19/96) the fimelimits could not be met and an estimated
date for the anticipated action.
21.02.890 TIME LIMITS ON (e) A Type I or II approval shall become
I)ECISIONS. void if not acted upon within one year unless
(a) Final Decisions on all Type I, II, and stated otherwise at the time of approval or within
III decisions shall be made within 120 days of the a related development agreement. A six-month
City's acceptance of a complete application, extension may be granted by the Director ff
(Issuance of a Determination of Completeness is requested in writing prior to the expiration date.
not necessary for Type I applications.) (f) An applicant may not submit an
(b) The 120-day clock shall stop during application that is substantially the same as an
the following periods: application that was denied until at least one full
(1) A period during which the year has passed since the denial.
applicant has been requested to correct plans, (Ord. 4567, Amended, 9/19/96)
perform required studies, or provide additional
information. The clock stops at the time the 21.02.895 NOTICE.
applicant is notified of the requests and resumes Requirements for notices for different
when the request has been satisfied, per Section types of permits and approvals is shown in the
21.02.880(f). Notice Requirements table. (See Figure
(2) Any period during which an 895(a).)
Environmental Impact Statement is being (a) Determination of Completeness:
prepared following a Determination of Provided by regular mail to applicant only. This
Significance. The applicant and City shall agree notice triggers the 120-day permit approval
21-63
clock, requested notice.
Co) Notice of Application: Shall be (3) Post: Notice for a
provided as follows: quasi-judicial heating shall be posted in at least
(1) Timing: Notice shall be one location on or adjacent to the subject Property
given within fourteen (14) days following the and clearly visible and legible from an adjacent
issuance of the Determination of Completeness street or public area. Posting is not required if
and at least fifteen (15) days prior to a scheduled the hearing notice was included earlier in the
open record pre-decision public hearing, posted Notice of Application.
(2) Distribute: Notice shall be (4) Publish: Notice shall be
given to affected City departments and mailed to published in the City's official newspaper of
agencies with jurisdiction or that may be general circulation.
significantly impacted. The Secretary of (5) Notice Contents: The
Transportation shall be notmed of preliminary Notice of Public Hearing shall include at least the
subdivision plats when adjacent to the following, as applicable:
fight-of-way of any State highway or within two a. Name of the
miles of the boundary of a state or municipal applicant/appellant or representative.
airport. The secretary must respond within b. Location of the site (vicinity
fifteen days. description, address or legal description).
(3) Post: Notice shall be posted c. Nature of the proposed use
in at least one location on or adjacent to the or development and requested permits.
subject property and clearly visible and legible d. Nature of the appeal and
from an adjacent street or public area. relief sought (in the case of an appeal).
(4) Publish: A summary of the e. Date, time and place of the
Notice of Application shall be published in the scheduled public hearing.
City's official newspaper of general circulation, f. Statement that all interested
If the notice includes a Notice of Public Hearing, persons may appear and provide testimony.
it shall include the requirements for that notice as g. Instructions for submittal of
well. written comments or other exhibits.
(5) Notice Contents: The table h. Where and when staff report
entitled "Contents of Notice of Application" and related materials are available for review.
describes the minimum contents of the notice, i. How copies of related
(See Figure 895(b).) materials may be obtained.
(c) Notice of Appeal: Shall follow the j. Name and phone numberofa
same procedure as the Notice of Application, staff contact person.
exCePt the issues of the appeal will be presented (e) Notice of Decision:
rather than the details of the application. (I) Timing: Shall be issues
(d) Notice of Public ltearing: within ten (10) days of most Type II decisions
(1) Timing: Notice shall be and all shoreline permit decisions.
given at least ten (I0) days prior to any (2) Distribute: Shall be
pre-decision or appeal public hearing, provided to the applicant or appellant an to any
(2) Distribute: If a hearing person who, prior to the rendering of the
notice was not included in the Notice of decision, requested notice of the decision or
Applications, a Notice of Public Heating for a submitted substantive oral or written comments
legislative approval shall be mailed to outside on the application or appeal.
agencies with jurisdiction and to anyone who has (3) Post: Not required.
requested notice. Notices of quasi-judicial (4) Publish: Notice shall be
hearings shall be distributed to the owners of published one time in the City's official
record of all parcels within a radius of three newspaper of general circulation. (Shoreline
hundred (300) feet of the subject parcel and also permits may require additional notice.)
to affected agencies and anyone who has (5) Notice Contents: The
21-64
Notice may be a copy of the report of decision on recreation areas, open space and similar features.
the project permit application and shall include, (3) Provision for affordable
when available, the SEPA threshold housing.
determination, the permit decision, conditions of (4) Required mitigation
approval, and general procedures and time limits measures, development conditions, and other
to file an appeal, requirements of project approval.
(f) Notice of Final Decision: Must be (5) Financial arrangements,
issued within 120 days following the including any required impact fees, in-lieu fees,
Determination of Completeness, and providing inspection fees, dedications, financial
for adjustments per Section 21.02.895(b). The contributions, and reimbursement provisions, if
same procedures as required for the Notice of any.
Decision shall be followed, except that this notice (6) Design and development
is only issued following a Type III or IV decision standards to be applied to the project, including
and at the conclusion of all local appeals of a architectural treatment, maximum heights,
Type I or II decision or a shoreline permit setbacks, landscaping, drainage, utilities, parking,
decision, signage, and any others.
(g) Optional Public Notice: In addition (7) Review procedures, phasing
to required public notice, the City may provide program, and criteria for project decisions.
public notice of applications, meetings, hearings (8) The build-out or vesting
or decisions to other individuals or orga~i?ations period during which the agreement will be in
known to be interested or possibly affected by the effect.
subject proposal. Failure to provide optional (9) Any other appropriate
notice shall have no effect on the validity of the requirements or procedures that are based on City
permitting process or the ultimate decision on an policies, rules, regulations, or standards. The
application, agreement may impose new or different
(Ord. 4567, Amended, 9/19/96) regulations to the extent necessary to resolve a
threat to public health or safety.
21.02.900 DEVELOPMENT (d) Enforceability: A development
AGREEMENTS, agreement, including all development standards,
(a) The City may enter into a is enforceable during its term by any party to the
development agreement with a person having agreement. The agreement protects the approved
ownership or control of real property within the development from changes to the zoning or other
City limits, or outside the City limits but within development regulations that may be adopted
the Urban Growth Area as part of a proposed during the term of the agreement.
annexation or service agreement. (e) Form and Processing:
b) The agreement shall set forth the (1) Development agreements
development standards and other provisions that shall be in a form provided by the City Attorney's
shall apply to, govern, and vest the development, office. The City Attorney shall review and
its land uses, and mitigation of the development's approve all proposed agreements prior to
impacts for the duration of the specified period, consideration by the City Council.
consistent with applicable policies and goals of (2) A development agreement
the City of Bremerton. shall be approved as a Type III decision by the
(c)The development agreement shall City Council following an open record public
specify the following, as applicable to the project: hearing.
(1) Ail major project (3) The agreement shall be
components, including the specific uses to be recorded with the real property records of Kitsap
allowed, residential densities, commercial or County and shall be binding on the parties and
industrial site and floor areas, off-street parking, their successors during its term.
etc. (Ord. 4567, Amended, 9/19/96)
(2) Landscaping, buffers, parks,
21-65
21.02.905 SPECIAL USE PERMIT. and/or ensure compatibility with the surrounding
(a) Authority: A land use that is area.
designated "SUP" in specific zones in the Land (f) Lapse of Approval: If not acted
Use Tables of Section 5 of these regulations may upon within one year from the date of decision,
be permitted on sites within those zones, provided the SUP approval shall expire. Expiration is
all identified adverse impacts of the specific use automatic and notice is not provided. The
can be eliminated or reduced to an acceptable Director may grant a single written six-month
level through design or conditions of approval of extension upon a showing of good cause,
the Special Use Permit. provided the applicant submits a written request
(b) Applicant: Any property owner or for such extension prior to expiration.
the owner's agent may apply. (Ord. 4567, Amended, 9/19/96)
(c) Procedure: A Special Use Permit is
processed in accordance with the procedures 21.02.910 VARIANCE.
outlined in section 21.02.880 and the notice (a) Authority: A Variance from a
requirements of section 21.02.905.. An specific provision of the City's development
Administrative SUP does not require a public regulations may be approved to grant relief when
hearing and is processed as a Type II application, those requirements result in an unusual or
A SUP that may have significant impacts beyond unreasonable hardship due to the physical
the immediate site, that is of neighborhood- or characteristics of the site or existing
community-wide interest, or that may be of a improvements on or adjacent to the site. A
sensitive or controversial mature, may be Variance may not be granted to alter a definition
classified a Non-administrative SUP by the or interpretation, nor to change or circumvent
Director and processed as a Type III application, adopted permit processing procedures.
(d) Criteria for Approval: A Special (b) Applicant: Any property owner or
Use Permit may be approved if all of the the owner'sagemmayapply.
following questions can be answered "YES": (c) Procedure: A Variance is
(1) Is the proposal consistent processed in accordance with the procedures
with the City's Comprehensive Plan and either outlined in section 21.02.880 and the notice
designated "SUP" in the Zoning Ordinance, or is requirements of section 21.02.905 and is
being processed as an "Unlisted Use"? approved administratively.
(2) Will the proposal comply (d) Criteria for Approval: A
with all applicable development standards and Variance may be approved if all of the following
requirements, including the availability of all questions can be answered "YES":
needed utilities and services? (1) Will the proposal avoid
(3) Will the proposal, along conflicts with the City's Comprehensive Plan?
with any mitigation measures or other conditions (2) Will the variance
of approval, avoid significant adverse accommodate a use or structure that is allowed by
environmental consequences? the zoning?
(4) Will the proposal be (3) Will the Variance benefit
compatible with adjacent uses and surrounding the surrounding neighborhood and/or avoid
neighborhood? sigadicant adverse impacts on other properties
(5) Does the proposal comply and residents?
with all other criteria or design guidelines that (4) Will the Variance, along
are applicable to the specific use or type of with any proposed mitigation measures or
development? conditions of approval, minimize adverse
(e) Conditions of Approval: Such environmental impacts?
conditions as site orientation, fencing, buffering, (5) Is the Variance necessary to
parking location, lighting, access, hours of overcome a hardship related to the size, shape,
operation, or others may be imposed as conditions topography, location, or surroundings of the
of approval if needed to prevent adverse impacts subject property, or related to a legal
21-66
nonconformity that may exist on or adjacent to approved administratively as a Type II decision.
the site? (d) Criteria for Approval: A Special
(6) Will the Variance allow a Exception proposal may be approved if all of the
development or improvement that is consistent following questions can be answered "YES":
with that of similar properties in the vicinity and (1) Will the proposal avoid
zone? conflicts with the City's Comprehensive Plan?
(7) Is the Variance needed to (2) Will the Special Exception
solve a specific code-related design problem and benefit the surrounding neighborhood and/or
no__tt to grant relief for a personal or financial avoid significant adverse impacts on other
.hardship or inconvenience? properties and residents?
(8) Have other solutions, uses, (3) Will the Special Exception,
or design options that might achieve a similar along with any proposed mitigation measures or
result without the need for a Variance been conditions of approval, minimize adverse
evaluated and rejected? environmental impacts?
(e) Conditions of Approval: (4) Will the Special Exception
Conditions may be imposed as conditions of result in the enhanced use of the site for a
approval ff needed to prevent adverse impacts development, expansion of an existing structure,
and/or ensure compatibility with the surrounding or other innovative improvement that will be
area. clearly beneficial to the subject property and
(f) Lapse of Approval: If not acted neighborhood?
upon within one year from the Notice of Final (5) Will the resulting
Decision, the Variance approval shall expire, improvements will be compatible with the design
Expiration is automatic and notice is not and development characteristics of similar
provided. The Director may grant a written properties in the neighborhood and zone?
six-month extension upon a showing of good (6) Have other solutions, uses,
muse, provided the applicant submits a written or design options that might achieve a similar
request for such extension prior to expiration, result without the need for a Special Exception
(Ord. 4567, Amended, 9/19/96) been evaluated and rejected?
(7) Is the Special Exception
21.02.915 SPECIAL EXCEPTION, needed to solve a design problem or to allow a
(a) Authority: A Special Exception unique or innovative design, and no~t to grant
from a specific provision of the City's relief for a personal or financial nature7
development regulations may be approved to (e) Conditions of Approval: Conditions
grant relief when the regulation is found to be may be imposed as conditions of approval if
inappropriate to the situation and/or results in needed to prevent adverse impacts and/or ensure
an unreasonable inconvenience or difficulty in the compatibility with the surrounding area.
use or development of the property. The Special (f) Lapse of Approval: If not acted
Exception process encourages creative design upon within one year from the Notice of Final
solutions to site planning problems and does not Decision, the Special Exception approval shall
require the presence of physical obstacles to expire. Expiration is automatic and notice is not
development, as required for a Variance. Special provided. The Director may grant a written
Exceptions shall not be granted to residential six-month extension upon a showing of good
densities, to definitions or interpretations, nor to cause, provided a mitten request for such
permit processing procedures, extension is submitted prior to expiration.
(b) Applicant: Any property owner or (Ord. 4567, Amended, 9/19/96)
the owner's agent may apply.
(c) Procedure: A Special Exception is 21.02.920 REZONE.
processed in accordance with the procedures (a) Authority: The City Council may
outlined in section 21.02.880 and the notice approve a change in zoning classification of
requirements of section 21.02.905 and is property within the City limits by passage of an
21-67
ordinance, following a public hearing, provided process to gradually bring zoning into consistency
the new zone is consistent with the City's with the 20-year Comprehensive Plan when
Comprehensive Plan and adopted approval appropriate.
criteria. Approval of a Rezone results in a It will place or remove an
change to the Official Zoning Map. overlay zoning designation without affecting the
Co) Applicant: The following may underlying zoning.
initiate a Rezone: (3) Is there a public need for the
(1) Private party: The owners, proposed Rezone that will clearly benefit the local
or their designated agents, representing at least neighborhood and/or the community of
seventy-five percent (75%) of the assessed Bremerton?
valuation of the area proposed for rezoning. (4) Are all essential public
(2) City: Thc Bremcrton facilities and services available and adequate, or
Planning Commission or City Council may can be made available, to serve the types and
initiate a Rezone upon passage of a resolution of levels of development permitted in the requested
intent, zone?
(c) Procedure: (5) Will the area being proposed
(1) A single-parcel or small for rezoning become part of a larger zoning
area rezone is a quasi-judicial action that is district or form a new district which will not be
processed in accordance with the procedures considered an isolated "spot zone"?
outlined in section 21.02.880 and thc notice (Ord. 4567, Amended, 9/19/96)
requirements of section 21.02.905.
(2) The Staff Report shall 21.02.925 DEVELOPMENT
include a recommendation for action. REGULATION
(3) The Planning Commission AMENDMENT.
shall review the proposal and initial staff (a) Authority: Thc City Council may
recommendation at a public meeting and forward approve by passage of an ordinance, a change to
its own recommendation for City Council action, the text of any City of Bremerton development
(4) The City Council shall make regulation, including the Zoning Ordinance, large
the decision following an open record public area amendments to thc Zoning Map, Shoreline
hearing, and after considering thc Master Program, Sensitive Areas Ordinance, and
recommendation of the Planning Commission, all others. These are Type IV legislative decisions
oral and written testimony, and comments from and exempt from the processing, timing, and
the public, other agencies and City departments, other requirements for quasi-judicial permits.
(d) Criteria for Approval: A Rezone (b) Applicant: The City Council,
may be approved if all of the following can be Planning Commission, Mayor, City department,
answered "YES": agency, or other interested party may initiate an
(1) Is the proposed Rezone amendment to a development regulation:
consistent with the Comprehensive Plan? (See (c) Procedure: The Planning
Section 21.02.245 "Plan/Zoning Consistency" of Commission will conduct an open record public
this code.) hearing for all amendments that are proposed to
(2) Is the Rezone justified for land use, environmental, or other related
one or more of the following reasons? regulations and shall make a recommendation to
It is in the public interest to the City Council. The City Council, following
approve the Rezone to accommodate needed its own open record public hearing, may approve,
changes within the immediate vicinity or approve with modifications, deny, or remand the
neighborhood, proposal for additional study.
It will correct a zone (d) Criteria for Approval: The City
classification or boundary that was inappropriate Council may approve an amendment if the
when established, following questions can be answered "YES":
It is a planned step in a phasing (1) Is the proposed change
21-68
consistent and compatible with the affected departments and agencies.
Comprehensive Plan? (d) Application Requirements: A Site
(2) Will the proposed change be Plan Review shall include the following
consistent with all other provisions of the affected components. The Director my waive one or
code and avoid conflicts with other codes? more of these requirements when it is clear that
(Ord. 4567, Amended, 9/19/96) the information obtained would not be relevant or
helpful to an informed decision.
21.02.930 SITE PLAN REVIEW. (1) Vicinity Map: Shall
(a) Applicability: show the subject property in relation to all other
(1) A technical site plan review properties and major structures within a
'shall be conducted for all projects that involve two-hundred fifty (250) foot radius of the
new development or expansion of existing property.
structures or other exterior improvements that (2) Site Plan: Shall contain
will change the physical condition of the site. the following information:
(2) The intent of the review is to Location, size, bulk, height,
ensure that the prope~ meets all site number of stories, and use of all structures and
developmem requirements of applicable areas on the subject parcel, both existing and
regulations, proposed.
(3) Site plan application Existing and proposed
requirements and the extent of the review shall be pedestrian walkways, bikeways, parks,
adjusted to the size, nature and complexity of the playgrounds, recreational areas, activity centers,
development proposal, landscaped areas, and other areas and facilities of
(b) Applicant: Same as the applicant a public or recreational nature.
for the related building or development permits. Existing and proposed utility
(c) Review Procedures: systems, drainage structures, fire hydrants, and
(1) A Site Plan shall be related features.
submitted as part of the application for a proposal An environmental summary,
that involves a new or modified structure, or other including such features as shorelines, bulkheads,
physical improvements or changes to its site. Site creeks, culverts, wetlands, steep slopes, unstable
Plan Review shall be included as one step in the soils, rock outcroppings, significant trees, other
processing of the requested permit(s) and a "sensitive areas", etc.
separate fee is not required. All property lines, easements,
(2) A request to review a fences, walls, signs, and other points of
conceptual, speculative, or other Site Plan that is reference.
not part of a development application shall be Other information, maps or data
treated as an independem application and shall be that is helpful or that was requested at the
accompanied by a Site Plan Review fee. pre-application conference to better understand
(3) A cursory review of a the nature and scope of the proposal and its
conceptual or sketch plan during a impacts on surrounding properties, people, and
pre-application conference shall be provided at no land uses.
charge to assist the potential applicant. Such (3) Parking Plan: The
review shall not be an official review for following information may be shown on the Site
decision-making purposes. Plan or provided as a separate parking plan, and
(4) The Site Plan shall be shall include:
reviewed for consistency with applicable All parking spaces, aisles,
regulations and development standards. Based on handicapped and motorcycle spaces, loading
the size and complexity of the project, the spaces, transit facilities, and parking lot acce~
Director shall determine whether the review is and internal circulation.
done by DCD staff or by the Technical Review Dimensions of all parking
Committee consisting of representatives from all areas, spaces, driveways, setbacks, distances from
21-69
curb cuts to intersection comers, and similar for submittal of any additional information that is
details, needed to complete and approve the Site Plan.
(4) Landscape Plan: A plan (3) An administrative decision
showing the locations of all existing trees and on a Site Plan may be appealed to the Planning
other vegetation proposed to remain, all proposed Commission.
new trees and other vegetation, and the overall (g) Recording of Decision: A Site Plan
plan for landscaping the entire site. This that was approved with conditions intended to
information may be shown on the Site Plan or remain with the land or project longer than one
may be a separate plan. year, or indefinitely, shall be recorded with the
(5) Narrative: A written Kitsap County Auditor. Typically, a Site Plan
explanation of the proposal, including: will be implemented and satisfied as development
Calculations of gross residential occurs and will remain active as long as
density, size of the site in square feet, and square construction is taking place.
footage of structures, parking areas, landscaped (h) Time Limits on Approval:
and recreational open space areas. (1) With the exceptions of a
Elevations and/or perspective Binding Site Plan, a PUD, or a project covered by
drawings of proposed structures and other major a Development Agreement, Site Plan approval
improvements being proposed, shall become void if building permits are not
Identification of parties applied for or construction h~.~ not begun within
responsible for the continued care and one (1) year. The expiration is automatic and
maintenance of all common open space, buffers, notice is not given.
and similar areas. (2) The specific conditions of a
The specific nature of any Binding Site Plan, Planned Unit Development, or
agreements, covenants, or other provisions that Development Agreement may specify different
govern or affect the proposal, times or a phasing program for development.
Signatures, mailing addresses, (3) The Director may grant one
and phone nmnbers of all owners of record or six-month extension in writing to the one-year
agents of the subject property, approval period of a non-binding Site Plan upon
(6) Maps: All maps shall be good faith shown, provided the applicant requests
drawn to scale, legible, in a reproducible black the extension in writing prior to the expiration
and white format no larger than 18~ x 24~, and date.
shall include a north arrow and a rifle block that (i) Compliance Required: No person
consists of at least the following: shall violate or fail to comply with an approved
The map rifle and name of the Site Plan or any conditions thereof. Nor shall a
related project application, building permit be valid for any structure which
Name and registration stamp (if violates or fails to comply with any approved Site
necessary) of the person preparing the maps. Plan for the parcel(s) on which such structure is
Signature line for City approval to be located.
and date of approval. (Ord. 4567, Amended, 9/19/96)
(e) Criteria for Approval: A Site Plan
that complies with all applicable land use and 21.02.935 APPEAL.
development requirements and guidelines shall be (a) Finality of Decision:
approved. (1) Those land use and
(f) Decision & Appeal: development decisions that are subject to
(1) The Director or his/her administrative appeal shall become final unless
designee may approve, approve subject to an appeal is filed within fourteen (14) days of the
conditions, or reject a Site Plan. date of the decision, or the date of the Notice of
(2) A rejection shall be Decision when such notice is given. City Council
accompanied by a written explanation of the decisions shall be final when issued.
deficiencies and a deadline (90 days suggested) (2) A Zoning Ordinance
21-70
Interpretation may be appealed at any time. be included. The last day of the appeal period
(b) Appealable Decisions: shall be included unless it is a Saturday, Sunday,
(1) Type I administrative a day designated by RCW 1.16.050 or by the --
decisions may be appealed to the Planning City's ordinances as a legal holiday, then it also
Commission. is excluded and the filing must be completed on
(2) Type II administrative the next business day.
decisions with notice may be appealed to the City (g) Content of Appeal: An
Council. administrative appeal shall not be accepted unless
(3) Type III City Council it is written, accompanied by the required appeal
decisions may be appealed to Superior Court. fee, and contains at least the following
(4) Type IV legislative information:
decisions may be appealed to Superior Court. (1) Appellant's name, address
(5) Shoreline Substantial and phone number.
Development Permits, Variances and Conditional (2) Appellant's statement
Use Permits may be appealed within fourteen (14) describing his or her standing, as a party of
days to the City Council, or within twenty-one record, to appeal.
(21) days to the Shorelines Hearings Board. (3) Identification of the
(c) Parties of Record: Only parties of application which is the subject of the appeal.
record may initiate an appeal to the Planning (4) Statement of grounds for
Commission (Type I) or City Council (Type II). appeal and the facts upon which the appeal is
Parties of record shall include: based.
(1) The applicant. (5) Statement of the relief
(2) Anyone who participated in sought, including the specific nature and extent.
a public meeting on the application. (6) A statement that the
(3) Anyone who submitted appellant has read the appeal and believes the
written comments concerning the application contents to be true, followed by the appellant's
(excluding persons who have only signed signature.
petitions or mechanically produced form letters). (h) Effect: The timely filing of an
(d) Time to File: An appeal to the administrative appeal shall stay the effective date
Planning Commission, City Council or Superior of the decision until such time as the appeal is
Court must be filed within fourteen (14) days either decided or withdrawn.
following issuance of the written decision. Other (i) Notice of Appeal: The Director
requirements apply to appeals to the Shorelines shall provide public notice of the appeal as
Hearings Board. All local appeals may be provided in the Public Notice section of this code.
delivered to the Department of Community (,j) The appellant shall bear the burden of
Development (DCD) by mail, personal delivery, proving the administrative decision was not
or by FAX before 5:00 PM on the last business supported by substantial evidence.
day of the appeal period (see: Computation of (Ord. 4567, Amended, 9/19/96)
Time, section "f" below).
(e) Timing of Decisions: 21.02.940 ENFORCEMENT OF
(1) An open record appeal shall ZONING CODE.
be decided within ninety (90) days from the date (a) Enforcement Officials: It shall be the
the complete appeal was filed, duty of the Director of Community Development
(2) Should an occasion arise to enforce this chapter. Actions may include
that would require a closed record appeal hearing, withholding or revoking building permits for
such an appeal shall be decided within sixty (60) construction or alteration of a structure,
days. abatement of structures, revocation of use permits
(f) Computation of Time: For and variances, and recommendation for civil or
purposes of computing the time for filing an criminal actions by the City Attorney.
appeal, the day the decision is rendered shall not b) Inspections: Whenever it is necessary
21-71
to make an inspection to enforce any of the initiated by the Director of Community
provisions of this chapter, the inspection Development, or the'Planning Commission aRer
provisions of the Uniform Building Code, as in a public hearing. Notice of the action and date
effect at the time of the inspection, shall be and time of the scheduled public hearing before
followed, the Planning Commission shall be served on the
(0rd. 4172, 1988). owner and surrounding property owners by
posting the property and by mail.
21.02.945 VIOLATION OF ZONING (2) The Planning Commission
CODE. may revoke a variance, administrative variance,
(a) Scope of Unlawful Activity: It shall special use permit, or administrative special use
be unlawful for any person, firm or corporation to permit. The City Council may r~voke a planned
erect, construct, alter, repair, move, remove, contract unit development. The revocation shall
convert, demolish, use, occur, or maintain any be based on any one or more of the following
structure or use of land, or any portion, in grounds:
violation of the provisions of this chapter. The i. That the approval of the
violation shall exist until the unlawful act has application was obtained by fraud or
ceased and unlawful construction and equipment, misinformation;
if any, has been removed, ii. That the approved use has
Co) Civil Liability: It shall be unlawful ceased to exist for one (1) year;
for the owner or occupant of premises to permit a iii. That the property is being
violation of this chapter. Prosecution or the lack used contrary to the terms or conditions of an
of prosecution by the City shall not reliove the approval, or in violation of this chapter or law;
owner or the occupant of Liability. iv. That the approved use was
(c) Cease and Desist Order: so modified, expanded or intensified as to be
(1) The Director of Community detrimental to the public health, safety, or
Development may issue a cease and d~ist order welfare.
when any person, firm or corporation is making (3) Any revocation by the
us~ of land, development, or any activity which is Planning Commission shall be appealable to the
prohibited by this chapter. City Council pursuant to BMC 2.84.
(2) An order shall be obeyed (e) Civil Penalty:
immediately, notwithstanding the filing of an (1) Except as otherwise
appeal. An order is final if not appealed to the provided by this chapter, all violations of the
Planning Commission within fourteen (14) provisions of this chapter shall constitute civil
calendar days from the date of posting, or as infractions and shall be punishable as follows:
otherwis~ stated within the order. (2) The maximum civil penalty
(3) Any property subject to a per day or portion thereof for each violation is as
cease and desist order shall be posted with a follows:
vacation notice directing vacation of the entire i. First Conviction
premises within ten (10) working days. Any $100/Day
person occupying the premises in violation of said ii. Second Conviction for Same
notice without authorization of the Director of Violation $200/Day
Community Development shall be guilty of a iii. Third Conviction for Same
gross misdemeanor punishable by a fine of not Violation $300/Day
more than $5,000.00 or 180 days in jail, or both iv. Additional Convictions for
such fine and imprisonment. Each day of Same Violation in Excess of Tlu~e
violation constitutes a separate offense. Any $$00/Day
person removing the Notice of Vacation without (3) Continued Duty to Correct.
authorization shall be guilty of a misdemeanor. Payment of a civil penalty pursuant to this
(d) Revocation: chapter does not relieve a person of the duty to
(1) A re~,ocation action may be correct a violation as ordered by the Director of
21-72
Community Development.
(Ord. 4172, 1988).
21-73
Exhibit "B"
City of Bremerton
OFFICIAL ZONING MAP
--- Zoning Atlas ---
[11-page Zoning Atlas]
ZONES:
SF-I Single-family Residential
SF-2 Single-family Residential
SF-3 Single-family Resideulial
DR Duplex Residential
MF Multi-family P, esideutial
CBR Cenlral Bremerton ResMeutial
MR Mixed Residential
PO Professional Office
NB Neighborhood Business
GB General Business
SC Shopping Center
BC Business Core
BP Business Park
IP Induslrial Park
IG Industrial General
MX Mixed Use
PS Parks & Schools
FM Forest Management
WS Water Supply
URD Urban Renewal Dislrict UNINCORPORATED
Latest revisions
Effective: June 13, 1996
SF-3
[I~
]SF-3 71
I SF-3 GB
MF
UNINCORPORATED
PS ilil
ZONES;
SC SF-I Single-family Residential
SF-2 Single-hmily Residential
MF SF-3 Single-£amily Residenli~fl
g DR Duplex Residential
MF Mulli-£amJly Residential
CBR Central Bremerlon Residential
MR Mixed Residential
PO [)rofess/onal Oftice
Nil Neighborhood Business
GB General Business
SC Shopping Center
IgC Business Cote
~ liP Business Park
~ I1' Indt~slrial Park
~ lC, Industrial Gcneral
Mixed [Jsc
PS Parks & Schools
~ FM Freest Management
WS Water Supply
URD l.hban Renewal Dislricl
l~atest revisions
Effeclive: June 13, 1996
' :*~ PS SF-3
SC
PS
SF-1 Single-family Residential
SF-2 Single-family Residential MF
SF-3 Single-family Residential
DR Duplex Residential
MF Multi-family Residential
CBR Central Bremerton Residential ..~,
MR Mixed Residential c~ ~" ,
PO Professional Office
NB Neighborhood Business
GB General Business
SC Shopping Center
BC Business Core
BP Business Park
IP Industrial Park &,~'-'~
IG Industrial General
MX Mixed Use
SMU Shoreline Mixed Use
HC Health Care
PS Parks & Schools
FM Forest Management
WS Water Supply PS
I~ URD Urban Renewal District
DRO Design Review Overlay
LPO Limited Parking Overlay
PS
PS
PUGET SOUND
ZONES;
SF-2 Single-tinnily Residenlial
SF-3 Single-family Residential
Mulll-family Residenlitfl
CBR Central Dremcrton Residential
MR Mixed Residential
PO Professional Office I
Nil Neighborhood Busiuess
Gll General Business
SC Shopping Center
IlC Busiuess Core
O lip Busioess I ark .._
~ IG industrial G~oeral ~cl~ve: June 13, 1996
0 MX Mixed Use
PS Pm'ks & Schools
FM Foresl Management .
' URI} Urbaa Renewal District
PS
PS
Ps
ZONES;
SF-I Singl¢-£amily Residential
SF-2 Single-family P, csklcntial
SIr-3 Single-family Rcsklential
ID U G ~ [ I)R D,plex Resklcntial
MF Multi-hmily Resklenlial
CBR Cenhal llrcmerto, Residential
Sql[ Mixed Residcutial
I'O Professional Office
Nil Neighllorhootl Busincss
(;Il General Busi,ess
SC Shol}ping Center
lip Business Park
IP lnduslrial Palk
IG Induslrial Ge,cral
MX Mixed Use
I'S Parks & Schools
revisions FM Forest Management
Effective: June 13, 1996 WS Walcr Supply
URI) Urbaa Renewal l)istricl
MF
PS MF
MF
SF-1
PS
SF-3
§F-I Singlc.£amilyF. esidc~dial
$F-2 $in§le-famil¥ Residential
SF-3 Single-£amily Residential
I)R Duplex Residential
MF Multi-family llesidenfial
CBR Central Bremerlon Residential
MR Mixed Residential
PO Professional Office
Nil Neighborhood Business SF-2
GB General Business
SC Shopping Cenler
I1C Itusiness Core
lip |lusiness Park
IP Induslrial Park
IG h~duslrial General
MX MixedUse ~
PS Parks & Schools Latest revisions
FM Forest Management Effective: June 13, 1996
WS Water Suppl,y
URD Urban Rene~val District
IP
ZONES:
PS
SF-I Single-family Residential
Sir-?- Single-family Residential
$F-3 Single-family Residential
DR Duplex Residential
MF Multi-family Residential
CBR Central Bremerton Residential
PO ~IR Mixed Residential
PO Professional Office
NB Neighborhood Business
GB General Business
SC Shopping Center
BC Business Core
BP Business Park
IP Industrial Park
IG Industrial Genera/
WIX Mixed Use
j~2.~ IT,~q ? PS Parks & Schools
,L.~-.~ FM Forest Management
WS Water Supply
SF-1 URD Urban Renewal District
Latest revisions
Effective: June 13, 1996
PS
IP--
SF-3 IP
IG
----KITSAP LAKE G
ZONES:
SFol Single-family Residential
SF-2 Single-family Residential
SF-3 Single-family Residential
DR Duplex Residential
MF Multi-family Residential
CBR Central Bremerton Residential /
/
MR Mixed Residential
PO Professional Office
NB Neighborhood Business
GB General Business
SC Shopping Center
BC Business Core
BP Business Park
IP Industrial Park
IG Industrial General
MX Mixed Use
PS Parks & Schools
FM Forest Management k
WS Water Supply
URD Urban Renewal District[P
Latest revisions
Effective: June 13, 1996 I Ut'T~ I
UNINCORPORATED I L-~---~ Pendergast IP
~ UNINCORPORATED
[' ' ] __ Sports Complex
PlannedUnit
SF-2 -- 36% [~
MF -- 42% IP
FM IP -- 22%
FM
......... ~ i
i ..... ~ -,,. :// Z, ONES:
t 1 ~t2 SF-1 Sinole-faratlv Kesidential
~ t PS p~ & Schools
~ ~ ~ ~ ~ WS Water Supply
~ ~ FM ~estM~agem~nt
~ ~ ~ IG Indus~ial Ocne~l
~ " i WS ~
~ ~ ~ '~ It
, ~. ~ W~ "~
/ ~ .
:M
Cut Stone'8:,Stone !t?rodflets MtYg.
~i ~ ,P. etro'Bulk Statiom/Terminals
The following land .uses may be
~ermitted with a Special USe permit:
Motor Vehicles/Equipment Wholesale
· l/ UNINCORPORATED ~/ ~~/j
) Utilities 'Plant. Storage, etc
'"'" ~_ ;I1 other provisions of the "I?" zone
apply to zhis area
__ ........ --- -- - ~-- --- ¥---7.- 7 - - - - ~
WATERSHED & LITILITY LANDS I
Overlay Zones ~ ~ ~
NAVAL SHIPYARD
LPO Limited Parking Overlay
DRO Design Review Overlay