HomeMy WebLinkAbout4325 ORD C,
AN ORDINANCE amending certain sections of the Zoning
Ordinance of the City of Bremerton, Washington, that pertain
primarily to General Provisions, Landscaping Provisions,
Nonconformities and Administrative Procedures.
WHEREAS, the City of Bremerton is currently reviewing and
revising its Zoning Ordinance; and
WHEREAS, the Zoning Ordinance contains chapters pertaining
to general zoning and land use provisions, as well as provisions
for landscaping, noncon'formities and administrative procedures;
and
WHEREAS, the Bremerton Planning Commission recommended City
Council approval of changes to these chapters following public
hearings on September 18, 1990, October 16, 1990, and February
19, 1991; and
WHEREAS, the Bremerton City Council conducted public
hearings on January 23, 1991, April 10, 1991 and April 17, 1991,
after which it approved the changes that are included in this
ordinance; now therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment. The following sections of Chapter
IV, General Provisions, of the Zoning Ordinance are amended to
read as follows:
Section 1: FRONT YARDS
A. Through Lots
Through lots have two (2) front property lines with a front
yard on each of ..... ~ ..... ~ parallel or approximately
parallel
Section 4: Accessory ~!iii~ii~ii~ Structures
Section 6: Setbacks of Accessory Structures
A. ~ accessory structures shall observe the samc front and
sidc yard setbacke ~i~i~~iiii?~i~iii~i~iiii?~i~ as thc principal
located~ t ...... ~
......................................................................................................................................................................................................................................................................................................................................................................................
Section 7: Measuring Height of a Structure, is amended to add
the illustrations attached hereto as Exhibit "A" and incorporated
herein by this reference.
...... ~ ...... a~ ..... t to a
..~.~.i~.~........~..~........~..~..~.~.........t.~t ~.~......~ ~......~ .~.~3.t ~ .....L~ .I...... ~.~.~ ........ ~ ....
::::::::::::::::::::::::::::::::::::::: :::::::::: ::::::::::::::::::::::::::::::::::::: :::~:: :::::::~:~: :~: :::J:~: :::::::::::::::::::::::::::::
-~-~-~' -~-~-- ~-~ ~- ~ public -~ht-~f ...... Then
D. ~?~ Fences and walls shall not block or hinder the sight
t- ~ ~ .... ~ rcTaired by
~ ~ ~-~ ~ ~ ~ ~ ~ Figurc "III I ~f the
E. ~iii~i No electric or electrified fences shall be permitted
~:~thin the City of Bremerton.
F. ....... ~i!~iii Barbed wire or similar wire protcction__p_r_~ducts
~ ....................... ~ ............................ : ............................................... ~ ...................... P ....................... ~
he~ li~i off s~x (G) feet .................................. ts.
Section 2. Amendment. The following sections of Chapter
VIII: Landscaping Provisions, are amended to read as follows:
Section 2: Applicability
A. The provisions of this chapter shall appl~ to the following
· ~ ~ ~ -~' ~ ~ ~ ~' 1 ~' 4- ~4- ~' :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
new construction ..................... on ~..'~:::::::G~-'~. :~:.':'~ of
existing structures and/or uses·
1. Residential Structures of Three or More Dwelling Units
and All Non-residential Uses/Structures:
.... ~ .... 4- 4-~ ~ -4-~^~4- except in the Central
c. One (1) tree per twenty-five (25) lineal feet
~ .an~sca~c~ a-~ ~'ith ~ solid fence
Section 6: Performance Assurance Device, is redesignated
"Section 8" to accommodate new Sections #6 and #7.
A new Section 6 is added as follows:
A new Section 7 is added as follows:
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~...~H~:.. =================================================
Section 3. Amendment. The following sections of Chapter
IX: Nonconformities, are amended to read as follows:
Section 2: NONCONFORMING LOTS
B. Continuation and Development:
1. An undeveloped nonconforming lot may be developed for ~
D. Illegal Lot ~eduction or Split:
~'i'~'~'~:~'~'"':':6:~'"":':'~:~:~:'~'~:ted in such a manner that would result in a
8
lot that is in violation of the minimum lot size or
dimensions required by the zoning district in which the
property is located.
F. Expansion of a Nonconforming Use:
2. A single-family dwelling an~here in the City, or a
uplex ~n any residential ................ z~ ma be
altered or enlarged in confo~ance with th'~'"""~'ite
located, provided suc_ expansion ~oc~ not
I. Destruction of a Nonconforming Use:
',.,~ ,L
Section 4: NONCONFORMING STRUCTURES
A. Definition of Nonconforming Structure:
A nonconforming structure is one which was legally
constructed prior to the effective date of this Ordinance or
subsequent amendments to this Ordinance but which does not
comply with the required setbacks, height, lot coverage, or
other development requirments of the zoning district in
which it is now located.
The term "Structure" shall include, but not be limited to,
principal and accessory structures, fences, edifices, signs,
~?ii:i~~i:i:i:i:~ and other site improvements intended for
use, occupancy or ornamentation. . .
D. Change of Ownership, Tenancy or Management:
Any change in the ownership, tenancy, or management of a
nonconforming structure shall not affect its legal
nonconforming status ..... ;,1^,1 ~-~--~ ~'~ ~ ....... ~ ......
....... ~ ........ case of a
E. Expansion of a Nonconforming Structure:
lO
Structural alterations may be required . . .
F. Repair and Maintenance:
2. Restore a structure from substantial destruction, as
defined in this Section, for the purpose of resuming a
nonconforming status; ~
Section 7: AMORTIZATION
A. Purpose:
The purpose of this section is to provide for the gradual
elimination of nonconformities or their conversion to
conforming uses, after a reasonable allowance of time for
the amortization of investments of certain classes of
nonconforming uses, to encourage and promote the orderly and
beneficial development of the City. This section is
intended to apply to ~i~ uses ~?~ii?~~iiiiiii~iiii~
~ permanent bui:~:~:~:~gs an~:':::::~::~::~::::':':~??':'~~ .............................................
~~~?~?~?~ incompatible with the con'~'~"i"~'"'"'~ses in
~'"'"'~'~:~'~'~d'~'~'"'neighborhood and with the goals and policies
of the Comprehensive Plan. ~-~ -~..~-~ ~ ...... t~t .... ~f
11
~s- ~ ............ ~h aftcr thc ~s
~ ~ ~ ~ t -~ .,~ shall
sent.
12
nc. ncc. n fc.r~.,,in~ u.~o.
~::~::~?:~i.' '~::~::~::~'{i:?ii[::~ ~}':' :::':'::i ' :' !'i '!i::':':':::':':: ! [ ?':~ ". ~" ======================= ~ ~ ~:':':'~:':'::" '~ [~:':':':;:':':: i i~ i" ~'ii~ii'"' ":?' ':': ' 'f':':':~:':" ! [~i ' ' ~:':':':i~ i ~'"' "~::':':':':':':':':'::~:~ "~':::':~
:[:~:[:[:~:[:~:~:~:~:~:~:~:~:~:~:[:~:!:[:[:~:[:!:[:::::::::::::::::::::::::::::::::::::::::::.:::::::::::::::::::::::::::::::::~:~:~:::::~:[:::~:[:::~:[:::::::::~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::..::::::::::
E. Request for an Administrative Continuance cf
1. Grounds for Continuance: A nonconforming use may be
maintained beyond its period of amortization a~
13
.... ~"^~ ~ ~"- ~'"" if the Dir tor
~ .... 1 ..... ~ -- ~ 1. ~ ~ :.:~:~:?:~:.:~:~:.:.:~:.:~:~:.:.~:.:..~:.:.::.:.::!.~:~:?:~!?:.:~!f:~i~i~[~?:.:~:::.:~:~:.:.!~:.!::.:~:::.:~:.:f ":':J~!~?".F':':':':':':~iiiiiF":f':'?
a.~v~---°~-~' C~ .... ==t ....... ...... that special circumstances
apply to ~ nonconfo~ing uses ~ on a particular
property ~ ~ do not ~~~...:~.:.:.:.:.::.:.:.::.:.:.:.:.:.:.:.:.:.: .....~.._....
...... a ~,, ~ &~'~:'..':'~'~ .... ~.. ~'~-':::-::.~:~:~-~.~:.....::~
.~ ........................... ~ ..... Z :~:.....:.:.:.:.: .........
~~:~'"'"'"'""'"'"'"":'"" ' ~'~'- :~::"":"'"~ af footed by ~ ......... ~ ~ - ~ ~ ~,, ~ ~- - '"'"'"~'='~"'"'":~":' '"?'":':
.......................
::::::::::::::::::::::::::::::::::::; :::::::::::::::::::::::::::::: .:...:: ::::::: ::::....===============================================================
..... ~ ..... ~ .................... that a
continuance for a prescribed period of a~iti~nal
tima is in the public interest and will be
reasonably compatible with and not detrimental to
the use of adjacent properties.
.............................................................................................................................................................
2. ~pplication ~roco~ for Continuanco:
...... ~ .... ~ ~ t .... for a
3 Notice of Application for Continuance:
...................... ~.t.~..~.. ....... ~ - two
14
nonccnfornity.
4. Dete~ination_~ Director ~ ...... ~ ......
d~ I~.. ~ ~ ...... tz ~,~
~ ...... ~ ................ ~ .... 1 ~t out
::::::::::::::::::::::::::::::::::::::::::::::::: ::: ...'.~$....[:~:~:[:~:[:~:~:[:~:;:~:~:~:~:~:~:~:[:~:[:[:~:~:~:[:~:::::::::::::::::::::::::::::::::::::::::::::::
..................................... .......................................................................................................................................................................................................................................
15
............................
1. ~ That the nature of the use is such that it can
~'~ altered or te~inated so that the property can
be used in cc-_f~t~-- ~~~ with the uses
pe~itted in the zone '~'~'~'~'~'~'~'~'~'T~ is located
~,.; or
'~at the nonconfo~ing
public health or safety or is a public nuisance.
Section 4. Amendment. The following sections of Chapter
X: ADMINISTRATION, are amended to read as follows:
Section 6: SITE PLAN REVIEW
C. Procedures for Site Plan Review
5. Recording of Decision
~ ~ ~A..~ ~ 4 ~ A ~1 ~-- i....:~!~.....~!:~i~.~::~:..~::*P::~.:~:~.~.~::~:~....~.~:~i~:.~.~.:~!~.~!:~:~?.~..~...~:'~.~::~.:~
Auditor.
6. Time Limits of Site Plan Approval
of the grant of a building permit for the approved
project, the Site Plan Approval shall become void·
16
The Director ~ ...... ~' ...........
may grant one (1) six (6) month extension in
writing to the one (1) year ~~ period
'~S~'"':~':':':':':'~'~'~:~:~'~':""':'~:~'~:'~:~'~:':':':'applies in writing
for such extension prior to the expiration
date.
9. APPEALS
A. Finality of Decision
1. Effective Date of Decision:
A decision by the '~"-- ~cm~'~~~ cr the
· ~X: ~',~ .... ~ 4-.. ~ .... 1 ==================================================================================
D~rector .............. ~ ...... ~ ......
~~~ ~ ~:'":':'~Yi":'":'~'~:~'~:~:~:*':':'~Y~:~'~:':~ ........................................
~:~Y'~:'~:~':':':':'i':':':':i~'~:~':~'i':':':':'iS:r Review is filed within
fourteen (14) calendar days of the date of
the decision.
~ . ~ Dcvcl~pment or
a. The Director ~ ...... ~ --
Planning Co~ission shall prepare its
findings and conclusions within fcurtccn
~ ~~?~?~?~?~ calendar days of the
date '~"~'"'"':~'~':':':':'~:~'~:'~:ng of the Re,est for
Review· The decision shall become final
unless an appeal is filed within
fourteen (14) calendar days from the
date of the findings and conclusions.
Section 5. Amendment. A new Section 10 is added to Chapter
X, ADMINISTRATION, as follows:
17
Section 6. Amendment. The following definitions contained
in Chapter III. DEFINITIONS, are amended to read as follows:
LOT LINE, FRONT. Any property line of a lot which abuts a
public street, private street, or alley (when no street
frontage) is considered a frontage and shall meet the
minimum lot frontage development retirements of this
LOT LINE, REAR. The property line of a lot that is most
opposite or most distant from the designated front lot line
and that does.not intersect any fron~ lot li~
i"~:~':':':':'~:~:':':':that which adjoins the ordinary high water line.
Section 7. Amendment. The "Lot Requirements Table", Figure
V-1 of Chapter V, ZONING DISTRICTS of the Zoning Ordinance is
amended to include the following footnote:
Section 8. Effective Date. This Ordinance shall become
effective ten (10) days from passage and publication.
APPROVED by the City Council of the City of Bremerton this
day of ~ ~/ , 1991.
19
PASSED by the City Council of the City of Bremerton this
/,.~- day o f ~ ,'3~ , 1991.
/
LYNN HORTON, President
Bremerton City Council
APPROVED this /"'7 ~;.iy
day of '~ , 1991.
LOUIS MENTOR, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
Effective Date:
2O
Exhibit "A"
The following illustration is added to Chapter IV,
GENEP~AL PROVISIONS, of the Zoning Ordinance to
supplement Section 7, MEASURING HEIGHT OF A STRUCTURE.
MEASURING HEIGHT OF A STRUCTURE
GAll I CAll I
21
SUMMARY
ORDINANCE NO. 4325
AN ORDINANCE amending certain sections of the Zoning
Ordinance of the City of Bremerton, Washington, that pertain
primarily to General Provisions, Landscaping Provisions,
Nonconformities and Administrative Procedures.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment
FRONT YARDS
A. Through lots have two (2) front property lines with a
front yard on each of two parallel or approximately
parallel streets.
It is subject to the front yard setback requirements of its
zone.
Administrative Exception may be granted;
Orientation of the lot or structure shall be considered;
Exception may require a public hearing and must be in
writing.
Section 4: Accessory
A. A use or structure that is incidental and subordinate to a
principal structure or use shall be permitted;
B. Accessory structures and uses may not be established without
a related principal structure or use on the same property;
C. Accessory uses or structures shall be determined by the
definition of "Structure, Accessory".
Section 6: Setbacks of Accessory Structures
All accessory structures shall observe the same front and
side yard setbacks requirements of the zone; in which they are
located; constructed no closer than three (3) feet from the side
or rear property lines that adjoin other property; conform to
City Laws;
Section 7: Measuring Height of a Structure, is amended.
Section 8: Fences and Walls
A. Fences and walls shall observe certain height and setback
requirements for residential and commercial and industrial
zones.
B. A Special Use Permit may be requested for higher fences or
walls along property lines.
C. Fences and walls shall not block the sight distance of
traffic and shall observe the sight distance requirements.
D. No electric fences shall be permitted within the City of
Bremerton.
E. Barbed wire protective devices are permitted only above a
height of six (6) feet.
Section Z. Landscaping.
A. The provisions of this chapter shall apply to the following
new construction and expansion of existing structures for
residential Structures of Three or More Dwelling Units and
Ail Non-residential Uses/Structures:
b. except in the Central, Callow, and Manette Business
Districts, the front yard area shall be landscaped
consistent with the front setback requirements of the zone
or in accordance with the landscaping requirements for off-
street parking areas.
c. One (1) tree per twenty-five (25) lineal feet of street
frontage shall be provided in all zones and special
districts of the City. The type, size and specific
locations of trees shall be approved by the City Parks
Department and the property owner shall arrange for the
planting of street trees through that Department.
In addition, the screening and landscaping requirements for
off-street parking facilities contained in Chapter VII
(Parking Provisions) of this Ordinance shall apply.
Section 6: Performance Assurance Device, is redesignated
"Section 8" to accommodate new Sections #6 and %7.
Section 6: CLEAR VISION AREA:
A clear-vision area shall be maintained at intersections;
it shall consist of a triangular area with two sides
generally following lot lines from the point of their
intersection for a distance of forty (40) feet. The third
line of the triangle connects the other two at their 40 ft.
marks and encloses the clear-vision area, as illustrated in
Figure VIII-l; A clear-vision area shall contain no
plantings, fences, walls, other structures, or visual
obstructions within a vertical area extending from three (3)
feet to eight (8) feet above the ground, measured from the
established centerline of the street, alley or driveway.
There are some exceptions to the foregoing provisions.
Section 7: OPEN SPACE:
There shall be a minimum of fifteen percent (15%) including
active and passive areas;
Open Space areas shall not include certain areas and shall
not adversely impact surrounding land uses.
Site Plan Review and Approval required;
Phased Development requires common open space not less than
fifteen percent (15%) of the total area.
Maintenance required.
Section 3. Amendment.
Section 2: NONCONFORMING LOTS
B. Continuation and Development:
An undeveloped nonconforming lot may be developed for any
use allowed by the zoning district provided the development
meets, through design or by approved variance, all lot
development requirements of that zone.
D. Illegal Lot Reduction or Split:
With the exception of lands needed for utilities or other
public purposes, no land may be reduced in area or otherwise
divided or adjusted in such a manner that would result in a
lot that is in violation of the minimum lot size or
dimensions required by the zoning district in which the
property is located.
F. Expansion of a Nonconforming Use:
A nonconforming use may not be enlarged or expanded, except
as follows:
1. Alterations to a nonconforming use are permitted within
its physical space, provided the use is not physically
enlarged or changed to a different use.
2. A single-family dwelling anywhere in the City, or a
duplex in any residential zone may be altered or
enlarged in conformance with the site develoDment
requirements of the zone in which it is located,
provided no additional dwelling units result.
3. The acquisition of additional accessory parking to
serve an existing nonconforming use is permitted and is
not considered an expansion of the nonconformity.
I. Destruction of a Nonconforming Use:
The elimination or destruction of a nonconforming use,
including the substantial or total destruction of the
structure in which it is located, shall constitute a
discontinuation of the use, subject to the provisions of
Section 3-G of this Chapter.
Section 4: NONCONFORMING STRUCTURES
A. Definition of Nonconforming Structure:
A nonconforming structure is one which was legally
constructed prior to the effective date of this Ordinance or
subsequent amendments to this Ordinance but which does not
comply with the required setbacks, height, lot coverage, or
other development requirments of the zoning district in
which it is now located.
The term "Structure" shall include, but not be limited to,
principal and accessory structures, fences, edifices, signs,
paved parking lots and other site improvements intended for
use, occupancy or ornamentation. . .
D. Change of Ownership, Tenancy or Management:
Any change in the ownership, tenancy, or management of a
nonconforming structure shall not affect its legal
nonconforming status.
E. Expansion of a Nonconforming Structure:
2. The uses that may occupy the expanded portion of a
nonconforming structure are limited to those uses permitted
in that zone, or that may be allowed in accordance with
Section 3-F of this Chapter.
3. Structural alterations may be required.
F. Repair and Maintenance:
2. Restore a structure from substantial destruction, as
defined in this Section, for the purpose of resuming a
nonconforming status; nor
3. Extend the normal life expectancy of the structure
through the replacement of major structural components
different from those contained in the structure at the
time it became a nonconformity.
Section 7: AMORTIZATION
A. Purpose:
The purpose of this section is to provide for the gradual
elimination of nonconformities or their conversion to
conforming uses, after a reasonable allowance of time for
the amortization of investments of certain classes of
nonconforming uses, to encourage and promote the orderly and
beneficial development of the City. This section is
intended to apply to land uses and structures, other than
permanent buildings which have been determined to be
incompatible with the conforming uses in the surrounding
neighborhood and with the goals and policies of the
Comprehensive Plan.
B. Initiation of Amortization:
1. An amortization action may be initiated by the Director
of Community Development, Mayor, Planning Commission, or the
City Council.
2. The City Council shall approve a proposed amortization
action prior to any notification or other action.
C. Term of the Amortization Period:
1. The standard amortization period shall be three (3)
years.
2. The amortization period may be shortened or extended,
with City Council approval, according to the urgency of
the action, extent of the use or structure involved,
value of the structure, and amount of difficulty
involved in correction of the nonconforming situation.
D. Notices of Amortization and Termination:
1. Notice of Amortization, including the termination date
shall be provided to each affected property owner by
certified mail.
a. The Notice shall be recorded with the County
Auditor.
b. Notice shall set forth all pertinent provisions of
this Chapter, including the purpose.
c. Failure to send notice by mail to any owner where
the address of said owner is not a matter of
public record after a reasonable effort has been
made to locate the owner, and failure to record
the notice, shall not invalidate any proceeding
under this Chapter.
2. Notice of Termination & Order to Comply:
a. A Notice of Termination of the nonconforming use
and Order to Comply with the current land use
regulations shall be served by the Director or his
authorized representative upon the owner(s) of
record.
b. This Notice shall be served within thirty (30)
calendar days following the end of the
amortization period.
c. If the Director is unable, with reasonable effort,
to serve notice on the property owner(s), the
Notice and Order shall be delivered to a lessee of
the subject property.
E. Request for Administrative Continuance
1. Grounds for Continuance: A nonconforming use may be
maintained beyond its period of amortization if the
Director approves a Request for Administrative
Continuance, based on the following determinations:
a. that special circumstances apply to the
nonconforming use or property that do not
generally apply to other properties affected by
the amortization program; and
b. that a continuance for a prescribed period is in
the public interest and will be reasonably
compatible with and not detrimental to the use of
adjacent properties.
c. That the property owner(s) has a plan for the
termination of the nonconformity and is making
progress toward that end.
2. Application Process for Continuance:
a. The Request for Administrative Continuance shall
be filed with the Department of Community
Development prior to the termination date of the
amortization period, or prior to the termination
of a previous continued period.
b. The applicant may be the owner of record of the
property, a person with a power of attorney from
the owner, or a lessee if the terms of the lease
permit the existing use.
3. Notice of Application for Continuance:
a. Written Notice of the Application for Continuance
shall be mailed to the owners of record of all
properties within a radius of three hundred (300)
feet of the subject property.
b. One or more similar notices shall be posted on or
near the subject site.
4. Determination by Director
a. The Director shall investigate the matter and make
a decision within sixty (60) calendar days from
the date the application was filed.
b. The review period may be extended with the mutual
agreement of the applicant and Director.
The decision shall be based on the criteria for
approval set out in this Section and shall be
supported by findings of fact.
d. The Director may impose conditions and time
limitations, as deemed necessary to ensure
compatibility with adjacent and nearby properties.
e. The written determination shall be filed as a
public record.
F. Appeal of Director's Determination:
1. An appeal of the Director's determination may be made
to the Planning Commission in accordance with the
appeal procedures contained in Chapter X of this
Ordinance.
2. The Planning Commission shall sustain the decision of
the Director if, following a public hearing, it
determines that one or both of the following conditions
apply:
a. That the nature of the use is such that it can be
altered or terminated so that the property can be used
in conformance with the uses permitted in the zone in
which it is located; or
b. That the nonconforming use is detrimental to the
public health or safety or is a public nuisance.
Section 4. Amendment.
Section 6: SITE PLAN REVIEW
C. Procedures for Site Plan Review
5. Recording of Decision
A Binding Site Plan and any conditions of approval that
are intended to remain with the land indefinitely,
shall be recorded by the City with the Kitsap County
Auditor.
6. Time Limits of Site Plan Approval
a. with the exception of a Binding Site Plan, if
construction work is not begun within one (1) year
of the grant of a building permit for the approved
project, the Site Plan Approval shall become void.
b. A Binding Site Plan shall remain in effect until
it is formally amended, superseded, or otherwise
eliminated.
c. The Director may grant one (1) six (6) month
extension in writing to the one (1) year approval
.period of a non-binding site plan upon good cause
shown, provided applicant applies in writing for
such extension prior to the expiration date.
9. APPEALS
A. Finality of Decision
1. Effective Date of Decision:
A decision by the Director other than a
Zoning Ordinance Interpretation, or by the
Planning Commission shall become final,
unless a Request for Review is filed within
fourteen (14) calendar days of the date of
the decision.
a. The Director or Planning Commission shall
prepare its findings and conclusions within
thirty (30) calendar days of the date of the
filing of the Request for Review. The
decision shall become final unless an appeal
is filed within fourteen (14) calendar days
from the date of the findings and
conclusions.
b. An appeal of any Zoning Ordinance
Interpretation may be filed at any time and
does not require a Request for Review.
Section 5. Amendment. A new Section 10 is added to Chapter
X, ADMINISTRATION, as follows:
Section 10. ZONING ORDINANCE SPECIAL EXCEPTIONS
A. Introduction:
This section establishes a process for permitting
relief from Zoning Ordinance requirements that may be
inappropriate in specific unique situations or that may
cause undue inconvenience or irritation to the owner or
occupants of affected properties, but that are not so
severe that they would warrant a Variance on the basis
of hardship.
B. Limitations to Zoning Ordinance Special Exceptions:
A Zoning Ordinance Special Exception may be granted to
any provision of the Zoning Ordinance except:
To any provision establishing the uses that are
permitted in a zone;
To residential density limitations;
To any procedural provision of the Ordinance;
To any definition in the Ordinance.
C. Criteria for Zoning Ordinance Special Exceptions:
The Planning Commission may approve a Zoning Ordinance
Special Exception only if each of the following are
true:
Is the proposal consistent with the Comprehensive Plan?
Is there a clear relationship to the public interests
and well-being of the neighborhood or community?
Will the exception be applied in a manner that will not
result in a hazard to health or public safety?
Is it clear that this is NOT a hardship situation that
should be considered for a Variance?
Is the proposal compatible with surrounding areas and
with developments already permitted under the general
provisions of the Zoning Ordinance?
Do exceptional or special circumstances exist that
warrant an exception from the zoning restrictions?
D. Administrative Approval:
A Zoning Ordinance Special Exception may be approved
administratively by the Director, using the criteria
listed above, provided the owners of all adjoining (see
definition in Chapter III) properties have indicated in
writing that they have no objections to the requested
exception.
The Director's decision may be appealed to the Planning
Commmission in accordance with the appeal provisions of
Chapter X.
Section 6. Amendment.
LOT LINE, FRONT. Any property line of a lot which abuts a
public street, private street, or alley (when no street
frontage) is considered a frontage and shall meet the
minimum lot frontage development requirements of this
Ordinance unless otherwise designated through the Zoning
Ordinance Exception process.
LOT LINE, REAR. The property line of a lot that is most
opposite or most distant from the designated front lot line
and that does not intersect any front lot line unless
otherwise designated through the Zoning Ordinance Exception
process. In the case of a waterfront property, the rear lot
line is that which adjoins the ordinary high water line.
Section 7. Amendment.' "Lot Requirements Table", Figure V-1
of Chapter V, ZONING DISTRICTS of the Zoning Ordinance is
amended:
Minimum lot size requirements are to be applied at the time
of land divisions or property line adjustments, and shall
not limit the development of existing lots.
Section 8. Effective Date. This Ordinance shall become
effective ten (10) days from passage and publication. A copy of
the full text of this ordinance is available from the City
Clerk's office, 239 4th Street, Bremerton.
APPROVED by the City Council of the City of Bremerton this
8 day of May , 1991.
PASSED by the City Council of the City of Bremerton this
15 day of May , 1991.