HomeMy WebLinkAbout4172 OF VARIANCES, SPECIAL USE PE~ITS AND OTHER LAND USE
ACTIONS; INCLUDING PROVISIONS FOR ADMINIST~TION,
ENFORCEMENT AND PENALTIES; AND REPEALING ORDINANCE
NO. 1792.
WHEREAS, the City of Bremerton staff, Planning Commission and City
Council have concluded the development of a new Zoning Ordinance, consisting
of a map and text, and have conducted numerous study sessions and public
hearings and have carried out an extensive notification process to ensure
maximum public awareness and participation; now therefore
THE CITY OF BREMERTON DOES ORDAIN:
SECTION 1: That the document attached hereto as Exhibit "A" and
entitled "Zoning Ordinance of the City of Bremerton, Washington" is
incorporated herein and hereby adopted as Chapter 21.16 of Title 21 of
the Bremerton Municipal Code.
SECTION 2. That the map entitled "Zoning Map - Bremerton, Washington",
attached hereto as Exhibit "B", is incorporated herein and hereby adopted.
SECTION 3. That Ordinance No. 1792, entitled "Zoning Ordinance of
the City of Bremerton, Kitsap County, Washington" and all amendments thereto,
except Ordinances No. 3136, 3421, 3429, 3451, 3543, 3546, 3552, 3636, 4067,
and 4168, are hereby repealed.
SECTION 4. That a six-month period will immediately follow adoption
of this Ordinance to provide for further review, correction of zoning errors,
and completion of unresolved or additional concerns including, but not limited
to, hazardous waste and time limits for the processing of permits and
responding to complaints.
APPROVED on the first reading this ~-~--
day of , 1988.
PASSED on second reading by the Bremerton City Council, this
day of ~C-~-~_~_~ , 1988.
HANK WAIBEL, President
City Council
APPROVED this ~ day of ~ , 1988.
ATTEST: ~E LOBE, Mayor
KATHLEEN L. McCLUSKEY
City Clerk
PUBLISHED:
....
ORD'NANC e ~UMB~R I ~ ~ ~ '[Z
EXHIBIT "A"
ORDINANCE 4172
The original Exhibit "A" to Ordinance 4172 is missing. The text of the following Exhibit "A"
contains Ordinance 4172 and subsequent amendments contained in Ordinance Nos. 4194, 4236,
4285, 4293 and 4295.
City of Bremerton
ZONING
ORDINANCE
MAYOR
Louis Mentor
CITY COUNCIL
A1 Colvin
Morrie Dawkins
Hank Waibel
Lon Overson
Wayne Estes
Lynn Herren
C.R. "Tiny" Collins
Spencer Homing
Russ Johnson
PLANNING COMMISSION
Ray Norton, Chair
Robin Abille
Ron Barrington
Mary Fields
Bob Koch
Virginia McBride
Dan Milovich
Russell Nickerson
Marylee Welling
PREPARED BY:
city of Bremerton
Dept. of Community Development
Donald L. Pratt, Director
Ron W. Hough, Planning Manager
MAJOR REVISION: Ord. #4172 -- Effective: November 11, 1988
SUBSEQUENT AMENDMENTS: Ord. #4285 -- Effective: September 20, 1990
Ord. #4293 -- Effective: November 8, 1997 ~
Ord. ~4325 -- Effective: June 16, 1991 ~~
City of Bremerton
TABLE OF CONTENTS
(Also see CONTENTS for each Chapter)
PAGE
I. INTRODUCTION
Section 1: TITLE AND ENACTMENT .................. I-1
Section 2: PURPOSE .............................. I-1
Section 3: GENERAL INTERPRETATION ............... I-1
Section 4: BASIS FOR DISCRETIONARY DECISIONS .... I-2
Section 5: SEVERABILITY ......................... I-2
Section 6: CONSTRUCTION ......................... I-2
II. ESTABLISHMENT OF ZONES
Section 1: PURPOSE AND ESTABLISHMENT OF ZONES... II-1
Section 2: ZONING MAPS .......................... II-1
Section 3: ZONING UPON ANNEXATION ............... II-2
Presented in'~l~b~ical or~g~
IV. GENERAL PROVISIONS
Section 1: FRONT YARDS ......................... IV-1
Section 2: SIDE YARDS .......................... IV-2
Section 3: REAR YARDS .... IV-3
Section 4: ACCESSORY U~'~'~&~6{~'] .'~.. IV-3
Section 5: FLAG LOTS ......................... IV-4
Section 6: SETBACKS OF ACCESSORY STRUCTURES. .. IV-4
Section 7: MEASURING HEIGHT OF A STRUCTURE . .. IV-5
Section 8: FENCES AND WALLS .................. IV-6
Section 9: HOME OCCUPATION ................... IV-7
Section 10: LIGHTING REGULATIONS .. IV-8
Section il: ROUNDING OF FRACTIONS S .. IV-9
Section 12' MEASURING OF SETBACKS IV 9
Section 13: DISH ANTENNAS .. IV-9
Section 14: CALCULATING LO ..... IV-9
Section 15: MINERAL RESOURCE EXTRACTION ........ IV-9
Section 16: MANUFACTURED HOMES PROVISIONS ...... IV-12
Section 17: ADULT BUSINESS PROVISIONS .......... IV-13
Section 18: SIGN PROVISIONS ...................... IV-15
i
V. ZONING DISTRICTS
Section 1: RESIDENTIAL ZONING DISTRICTS ....... V-1
Section 2: BUSINESS ZONING DISTRICTS .......... V-2
Section 3: INDUSTRIAL ZONING DISTRICTS........ V-3
Section 4: WATER SUPPLY ZONING DISTRICT V-4
Section 5: FOREST MANAGEMENT ZONING DIST~i~']] V-5
Section 6: LIMITED PARKING OVERLAY DISTRICT ... V-6
Section 7: PARKS & SCHOOLS ZONING DISTRICT .... V-8
Section 8: UNLISTED USES. .... V-9
Section 9: INTERPRETATION 6~'~'i~ .~ V-9
VI. PLANNED UNIT DEVELOPMENT
Section 1: PURPOSE ............................ VI-1
Section 2: OUTLINE OF THE PUD PROCESS ......... VI-1
Section 3: CONCEPTUAL REVIEW VI-2
Section 4: NEIGHBORHOOD MEETING ............... VI-3
Section 5: PRELIMINARY PUD APPLICATION ........ VI-3
Section 6: DEVELOPMENT COORDINATING COMMITTEE VI-4
Section 7: PLANNING COMMISSIONACTION ......... VI-4
Section 8: APPEAL TO THE CITY COUNCIL .......... VI-4
SectiOn 9: CITY COUNCIL ACTION VI-4
section FINAL PLAN APPLICATI6 ' ' .... VI-
Section 11: DIRECTOR'S REVIEW OF FINAL PLAN ..... VI-5
Section 12: APPEAL OF DIRECTOR'S DETERMINATION .. VI-6
Section 13: SCOPE OF PUD APPROVAL ............... VI-6
Section 14: ALLOWABLE USES ...................... VI-6
Section 15: GENERAL DEVELOPMENT STANDARDS ....... VI-7
Section 16: SPECIFIC DEVELOPMENT STANDARDS ...... VI-8
Section 17: PROJECT PHASING VI-12
Section 18: OPEN SPACE GUARANTEE .......... ...... VI-' 12
Section 19: EFFECTIVE PERIOPD OF A PUD PLAN ..... VI-12
Section 20: CHANGES TO FINAL PUD PLAN ........... VI-13
Section 21: CONFORMANCE WITH FINAL PLAN ......... VI-13
Section 22: PERFORMANCE BOND VI-13
Section 23: REAL PROPERTY RESTRICTIONS .......... VI-14
Section 24: PENALTY VI-14
VII. PARKING PROVISIONS
Section 1: INTENT ........... VII-1
section 2: VII-
Section 3: PARKING LOT CLASSIFICATIONS ......... VII-5
Section 4: PARKING LOT DEVELOPMENT STANDARDS ... VII-6
Section 5: SITE PLAN REQUIREMENTS FOR LOTS ..... VIIr14
Section 6: HANDICAPPED PARKING REQUIREMENTS .... VII-15
Section 7: SATELLITE PARRING AREAS ............. VII-16
Section 8: JOINT USE OF PARKING FACILITIES ..... VII-17
Section 9: FREIGHT LOADING ZONES ............... VII-18
Section 10: REQUIRED OFF-STREET PARKING SPACES .. VII-19
Section 11: VIOLATIONS, PENALTIES, AND APPEALS .. VII-22
ii
VIII. LANDSCAPING PROVISIONS
Section 1: INTENT ............................... VIII-t
Section 2: APPLICABILITY ....................... VIII-1
Section 3: LANDSCAPING STANDARDS ............... VIII-3
Section 4: OUTDOOR STORAGE ..................... V/II-5
Section 5: LANDSCAPE PLAN ...................... VIII-5
Section 6: CLEAR VISION AREA ................... V/II-6
Section 7: OPEN SPACE .......... VIII-7
Section 8: PERFORMANC~ ~6~ ~ ........ ~II-8
IX. NONCONFORMITIES
Section 1: PURPOSE ................... IX-1
Section 2: NONCONFO~ ~6~ ........... ~ IX-1
Section 3: NONCONFORMING USES .......... IX-2
Section 4: NONCONFORMING STRUC~6~ .~ ~'.... IX-5
Section 5: CONSTRUCTION IN PROGRESS ............ IX-8
Section 6: NONCONFORMING SIGNS ................. IX-8
Section 7: AMORTIZATION ........................ IX-8
X. ADMINISTRATION
Section 1: VARIANCES .....
Section 2' ADMINI S TRATiVE ' ~ ~&~.~ '']'''~'''] X-1
· -- . X-2
Section 3: SPECIAL USE PERMITS X-4
Section 4: ADMINISTRATIVE S PECI~r'. ' 6.~ ' ~.~ ' ]; X-5
Section 5: REZONES ......... X-7
Section 6: SITE PLA~'~.~'] ''.. [].'---']]~] X-9
Section 7: ZONING ORDINANCE TEXT AMENDMENTS .... X-14
Section 8: GENERAL PROCESSING PROCEDURES ....... X-15
Section 9: APPEALS . X-20
Section 10: ZONING O~'~6~'~%~6~'. X-22
XI. ENFORCEMENT
Section 1: ENFORCEMENT OF ZONING ORDINANCE ..... XI-1
Section 2: VIOLATION OF ZONING ORDINANCE ....... XI-1
iii
Chapter I
INTRODUCTION
CONTENTS
PAGE
Section 1: TITLE AND ENACTMENT ............................ 1
Section 2: PURPOSE .......................................... 1
Section 3: GENERAL INTERPRETATION ......................... 1
A. Minimum Requirements ........................................ 1
B. Conflicts ................................................... 2
C. Misinformation .............................................. 2
D. Quantity .................................................... 2
Section 4: BASIS FOR DISCRETIONARY DECISIONS ........... 2
Section 5: SEVERABILITY ..................................... 2
Section 6: CONSTRUCTION ..................................... 2
i
Section 1: TITLE ~ ENAC~%fENT
This ordinance shall be known as the "Zoning Ordinance of the
City of Bremerton, Washington." The provisions of this ordinance
have been adopted by the Bremerton City Council pursuant to
Article XI, Section 11 of the Washington Constitution. This
ordinance, and its amendments, shall regulate every use and
development of property within the City of Bremerton, with the
exception of the Puget Sound Naval Shipyard.
Section 2: PUI~POSE
The text contained in this Chapter, including all charts,
constitute the zoning regulations of the City of Bremerton and
are adopted to:
A. Assist in the implementation of the adopted Comprehensive
· Plan for the development of the City by regulating existing
uses and providing for uses planned for the future as
indicated in the Comprehensive Plan and its Map; and
B. Protect the character plus the social and economic stability
of residential, commercial, industrial, and other uses
within the City, while ensuring the orderly and beneficial
development of these uses by:
1. Reserving and retaining appropriate areas for each type
of use;
2. Preventing encroachment into these areas;
3. Regulating the use of parcels of land.
Section 3: GENERAL INTERPKETATION
A. Minimum Requirements
The provisions of the Zoning Ordinance shall be held to be
the minimum requirements for the promotion of the public
health, safety, morals, and general welfare.
The Director of Community Development shall have the
authority to interpret the Zoning Ordinance. Appeals of the
Director's interpretations may be made to the Planning
Commission, in accordance with Chapter X, Section 9.
I-1
B. Conflicts
The provisions of this ordinance shall govern when this
ordinance imposes a greater restriction than is required by
other ordinances, regulations or by easements, covenants, or
agreements. If conflict between requirements appears within
this ordinance, the most restrictive requirement shall
prevail.
C. Misinformation
The City shall not be liable for any misinformation on the
Zoning Ordinance presented by any Zoning Official or
employee.
D. Quantity
For the statements in this ordinance, the singular includes
the plural, and the plural includes the singular.
Section 4: BASIS FOR DISCRETIONARY DECISIONS
Applicable policies and objectives of the adopted Comprehensive
Plan shall be used for guidance by the Planning Commission when
making discretionary land use decisions. The Director of
Community Development, likewise, shall consult the adopted
Comprehensive Plan when making decisions, interpretations, or
procedures.
Section 5: SEVEKABILITY
Should any section, clause, or provisions of this chapter be
declared by the court to be invalid, the same shall not affect
the validity of the chapter as a whole or any part thereof, other
than the part so declared to be invalid.
Section 6: CONSTRUCTION
This ordinance shall be liberally interpreted and construed to
secure the public health, safety, morals and welfare, and the
rules of strict construction shall have no application.
· e e
I-2
Chapter II
ESTABLISHMENT OF ZONES
CONTENTS
PAGE
Section 1: PURPOSE AND ESTABLISHMENT OF ZONES ........... 1
Section 2: ZONING MAPS ...................................... 1
A. General Zoning Map Provisions ............................... 1
B. Procedures for Zoning Map Amendments ........................ 2
C. Interpretation of the Official Zoning Map ................... 2
Section 3: ZONING UPONANNE~ATION ......................... 2
i
Section 1: PURPOSE AND ESTABLISHMENT OF ZONES
The City of Bremerton, Washington, is divided into the following
zoning districts:
MAP
SYMBOL DISTRICT
Residential SF-1 Single-family Residential (iow density)
Districts: SF-2 Single-family Residential (med.
density)
SF-3 Single-family Residential (high
density)
DR Duplex Residential
CBR Central Bremerton Residential
MF Multiple-family Residential
MR Mixed Residential
Highland District
Business PO Professional Office
Districts: NB Neighborhood Business
GB General Business
SC Shopping Center
BC Business Core
Industrial BP Business Park
Districts: IP Industrial Park
IG General Industry
Other WS Water Supply
Districts: FM Forest Management
MX Mixed Use
PS Parks and Schools
URD Urban Renewal District .
DRO Design Review Overlay
LPO Limited Parking Overlay
Section 2: ZONING MAPS
A. General Zoning Map Provisions
The locations and boundaries of zone districts shall be
shown on that map entitled "Official Zoning Map, Bremerton,
Washington". The Official Zoning Map is hereby adopted by
reference.
II-1
Chapter III
DEFINITIONS
CONTENTS
P~E PAGE
1 Acre, Gross 4 Grade
Acre, Net 5 Grade, Existing
Adjoining Gross Floor Area
Administrative S.U.P. Group Resid. Facility, Class I
~dult Business Group Resid. Facility, Class II
Adult Theater
Adult Bookstore Height
Adult Cabaret Homeowners Association
Alley 6 Home Occupation
Alterati(n, Structural Hospital
Hotel
2 Bay Window Household
Bed & Breakfast Est.
Boarding or Rooming House Junk Yard
Building Envelcpe Kennel
Building Line
Buffering Loading Area
Lot
Callow Business District LOt, Are a
Central Business District Lot, Corner
Church/Religious Institution 7 Lot, Flag
3 City Lot, Through
Clinic Lot, Waterfront
Convalescent/Nursing Hc~e Lot Coverage
Day Care Center Lot Depth
Deck Lot Line, Front
Delicatessen Lot Line, Rear
Density, Gross Lot Line, Side
Detoxification Center Lot Width
Director Manette Business District
Dish Antenna Manufactured Home
4 Drinking Place 8 Manufactured Hc~es Develqoment
Drive-thru Facility Marina
Duplex Mini-Day Care Program
Dwelling, Conventic~al Mote 1
Dwelling, Modular or Factory
Dwelling, Multi-family Nc~conforming Lot
Dwelling, Single-family Nonconforming Structure
Dwelling Unit Nonconforming Use
Family Open Space
Family Day Care Home Outdoor Storage
Foster Home Overlay Z~ne
i
CONTENTS
Continued
PAGE
9 Paved Surface
Persc~al Service Shop
Pier
Planned Unit Dev. (PUD)
Porch
Private Club or Lodge
Public Facility
Recreational vehicle
Rec. Vehicle Park
Recycling Center
Recycling Collecticn Station
10 Rehabilitation
Restaurant
Restaurant, Fast Food
Setback
Setback, Perimeter
School
Sidewalk Vendor
Sign
Site Plan Review
Special Use Permit
11 Specified Anatomical Areas
Specified Sexual Activities
Storage Yard
Story
Street
Structure
Structure, Aucessory
Structure, Principal
12 Structure, Temporary
Transient Person
Use
Use, Accessory
Use, Principal
Use, Special
Use, Temporary
Use, Unlisted
Variance
West Bremerton Limited Parking Area
Wetlands or Wetland Areas
Yard
13 Yard, Front
Yard, Rear AMENDED:
Yard, Side Ordinance #4293
Effective: Nov. 8, 1990
ii
III
D~;~?I14--1-~IC~S
For the purposes of interpreting the Bremerton Zoning Ordinance,
all words used in the Ordinance shall have their normal and
customary meanings, unless specifically defined in this code or
in the Uniform Building or Fire Code adopted by the City.
ACRE, GROSS. A measure of gross land area, equal to 43,560
square feet. (See Figure III-l)
ACRE, NET. A measure of land area, equal to 30,800 square feet.
(See Figure III-l)
ADJOINING. Property that touches or is directly across a right-
of-way, other than a limited access highway, from the subject
property.
ADMINISTKATIVE SPECIAL USE PERMIT. A permit which may be
approved by the Director of Community Development for a use that
is not specifically permitted by the Zoning Ordinance, provided
the proposed use meets the approval criteria of Zoning Ordinance
Chapter X, Section 4-B.
ADULT BUSINESS. A business which is either an adult theater,
adult bookstore, massage parlor as defined in BMC 5.92, or adult
cabaret.
ADULT THEATER. An establishment which presents material
relating to sexual activities and specified anatomical areas for
observation restricted to adult audiences.
ADULT BOOKSTORE. An establishment which has a significant
portion of its stock and trade in publications relating to
specified sexual activities or specified anatomical areas.
ADULT CABARET. An establishment which features entertainers or
attendants dressed so as to emphasize specific anatomical areas
or whose performance or other activities include or mimic
specific sexual activities.
ALLEY. Any public right-of-way or thoroughfare having a typical
width of at least ten (10) feet, but generally not more than
thirty (30) feet, which has been dedicated or deeded to the
public for public use and which affords only secondary means of
access to abutting properties primarily for service purposes.
ALTERATION, STRUCTURAL. A change in either the supporting
members of a structure or configurations of the roof or exterior
walls. This definition does not include minor actions such as
adding a doorway or window, or attaching architectural features
or adornments.
III-1
BAY WINDOW. A window jutting out from the wall of a structure
and forming an alcove within.
BED AND BREA/(FAST ESTABLISHMENT. A single-family dwelling in
which two or more rooms are rented to transient persons by the
resident family.
BOARDING OR ROOMING HOUSE. A single-family dwelling unit in
which rooms without kitchens are provided for non-transient
persons with or without meals. This definition excludes group
homes.
BUILDING ENVELOPE. The three-dimensional space within which a
structure is permitted to be built on a lot and which is defined
by maximum height regulations and yard setbacks.
BUILDING LINE. A line on a lot, generally parallel to the lot's
property lines and which is located a sufficient distance from
the property lines to provide the minimum yard areas required by
this ordinance. The Building Line establishes the area in which
buildings are permitted on the lot and does not necessarily
correspond with the location of any existing structures or other
improvements.
BUFFERING. A structural, earthly, or vegetative form used to
minimize impacts between uses. This definition includes fences,
walls, berms, high shrubs, trees, or other landscaping.
CALLOW BUSINESS DISTRICT. The area consisting of all properties
that front on Callow Avenue south of Eleventh Street and north of
First Street. (See Figure III-4)
CENTRAL BUSINESS DISTRICT. A geographical area, and not a
zoning district, bounded:
1. On the South: by Puget Sound Naval Shipyard.
2. On the West: by the rear property lines of all properties
immediately adjacent to and west of Warren Avenue.
3. On the North: by the rear property lines of all properties
immediately adjacent and to the north of Sixth Street; and
4. On the East: by Port Washington Narrows outer harbor line.
CHUrCH/RELIGIOUS INSTITUTION. An establishment primarily
intended for the conducting of organized religious services and
related activities, which may include religious education,
meeting halls, and kitchens or places for personal worship or
meditation but do not include pre-schools, parochial schools, day
care facilities, major recreational facilities, vehicle or
equipment storage yards, or other functions that are not clearly
a necessary or integral part of the religious institution.
III-2
CITY. The term City, when used alone and without a specifically
named city, and when capitalized, shall mean the City of
Bremerton, Washington.
CLINIC. An establishment used for the mental and physical care
of human patients, but which excludes facilities for overnight
patient care.
CONVALESCENT HOME, NURSING HOME. An establishment licensed by
the State of Washington as a facility providing full-time care
for individuals who are unable to care for themselves by reason
of chronic illness or infirmity. This definition excludes
hospitals, sanitariums, or treatment centers.
DAY CARE CENTER. An agency or facility licensed by the State of
Washington, and approved by the City to provide regular care for
adults or children for periods of less than 24 hours. Such
facility provides for the care of 13 or more persons. (Also see:
"Mini-day Care Program" and "Family Day Care Home")
DECK. An unenclosed platform more than 18 inches wide, whether
attached to a structure or not, and not more than 30 inches above
the finish grade. A deck may be cantilevered or connected to the
ground with steps or ramps. A deck that is higher than 30 inches
above grade may be referred to as a raised deck, rooftop deck,
balcony, or other suitable term.
DELICATESSEN. An establishment selling cooked or preserved food
such as cooked meats, prepared salads, desserts, cheeses,
pickles, etc., generally for consumption off premises.
DENSITY, GROSS. The number of dwelling units (usually stated
per acre) that may be permitted by the applied zoning district on
a unit of land that includes the parcel's total area landward of
the Ordinary High-Water Mark (OHWM), as defined in the Bremerton
Shoreline Master Program.
DETOXIFICATION CENTER. A facility providing for the care and
treatment of an intoxicated person during the period in which the
person recovers from the transitory effects of acute
intoxication.
DIRECTOR. When used alone and capitalized within the Zoning
Ordinance, shall mean Director of Community Development.
DISH ANTENNA. A ground-placed or structure-mounted parabolic
receiver, generally of metal or fiberglass construction, designed
to receive signals being broadcast for processing and display on
a television or other receiver. Such dishes are available in a
variety of sizes, but generally not larger than twelve feet in
diameter for home use. Non-commercial dish antenna are accessory
uses and subject to all site development requirements of this
ordinance. Dish antenna that are intended for a commercial
purpose are considered to be communications systems and are
III-3
subject to Special Use Permit approval.
DRINKING PLACE. An establishment selling intoxicating beverages
for consumption on premise.
DRIVE-THRU FACILITY. An auto-oriented facility designed
primarily for drive-through trade, and which provides service and
caters to patrons while in motor vehicles. This definition
excludes gas stations, service stations, and auto repair garages.
DUPLEX. A structure containing two dwelling units.
DWELLING, CONVENTIONAL. Any building or structure that is
built, for the most Dart, on the site and in conformance with the
provisions of the Uniform Building Code (UBC).
DWELLING, MODULAR OR FACTORY BUILT. Buildings or structures
that are constructed primarily in a factory and transported to
the site for assembly or installation. Ail temporary wheels,
axles, and other appliances used in the transport are removed at
the destination and the structure is permanently placed, unless
approved as a temporary placement by the City. Such structures
are constructed to the standards of either the Uniform Building
Code (UBC) or the EUD Code. (Also see: Manufactured Home)
DWELLING, MULTI-FAMILY STRUCTURE. A structure containing three
or more dwelling units.
DWELLING, SINGLE-FAMILY. A structure containing one dwelling
unit.
DWELLING UNIT. A unit providing independent year-round living
facilities for one family or household, constructed to the
minimum standards of the Uniform Building Code (UBC) or HUD Code,
and with provisions for sleeping, eating and sanitation.
FAMILY. A household head and one or more persons living in the
same household who are related to the head by blood, marriage,
adoption, or guardianship.
FAMILY DAY CARE HOME. A home which regularly provides care
during part of a twenty-four hour day to six or fewer children or
adults, including those of the provider, and which is licensed by
the State of Washington and approved by the City.
FOSTER HOME. A dwelling unit in which a full-time resident
provides temporary care and supervision on a full-time basis to
not more than six (6) foster children, or to not more than three
(3) expectant mothers.
GRADE. The lowest point of elevation of the finished surface of
the ground, paving or sidewalk within the area between the
building and the property line or, when the property line is more
than five feet from the building, between the building and a line
III-4
five feet from the building. In cases of structures built over
water, grade shall mean the elevation of ordinary high water.
GRADE, EXISTING. That grade or topography existing prior to any
excavation, clearing, grading or filling.
GROSS FLOOR AREA. The sum of all horizontal areas of floors of
a structure when measured from the exterior faces of exterior
walls; including glazed or screened porches.
GROUP RESIDENTIAL FACILITY, CLASS I. A group care residence for
children and adults who for various reasons cannot reside in
their natural homes; and/or for persons who have severe chronic
disabilities or physical handicaps that cause substantial
functional limitations. This facility may provide physical
therapy and training in social skills.
1. Class I Small: A total of six or fewer persons,
including staff, whose permanent residence is the group
residential facility.
2. Class I - Large: A total of seven or more persons,
including on-duty staff.
This class of facility does not include facilities to which
persons are assigned as a result of criminal conviction or those
where residents, individually or by their legal guardians, are
not free to terminate their residence at will.
GROUP RESIDENTIAL FACILITY, CLASS II. A group care residence
for juvenile delinquents, the mentally ill, persons serving a
sentence in lieu of confinement, persons needing correctional or
mental rehabilitation, or persons needing rehabilitation and
treatment for social and/or family problems, drug or alcohol
addiction or abuse. This definition includes programs providing
alternatives to imprisonment; transition back into the community
including pre-release, work-release, and probationary programs
that are under the supervision of a court, State, or local
agency. Teaching of work or social skills may be provided in
this class facility. This class of facility does not include
drug or alcohol detoxification centers.
1. Class II - Small: A total of six or fewer persons,
including staff, whose permanent residence is the group
facility.
2. Class II - Large: A total of seven or more persons.
HEIGHT. Refer to Chapter IV, Section 7.
HOMEOWNERS ASSOCIATION. An association of homeowners that has
responsibility for commonly owned property of a residential
development and which enforces covenants and restrictions on
IIi-5
commonly owned or private property.
HOME OCCUPATION. Any non-residential use carried out for
monetary gain, which is secondary to the use of the property for
residential purposes, and operated in accordance with Chapter 4,
Section 9 of this ordinance.
HOSPITAL. A licensed institution providing primary health care
services and medical or surgical care to persons, primarily
inpatients, suffering from physical or mental conditions, which
may include related facilities as an integral part of the
institution.
HOTEL. An establishment which offers transient lodging
accommodations to the general public, and which may provide
additional services such as restaurants, meeting rooms, gift
shops, beauty shops and recreation facilities.
HOUSEHOLD. All persons, regardless of age, sex, or family
relationships, that reside as a single unit in a dwelling
intended for single household occupancy. Such group quarters
facilities as dormitories, boarding houses, nursing homes or
similar accommodations typically do not provide facilities for
households.
JUNK YARD. A place where discarded or salvaged materials are
bought, sold, exchanged, stored, baled, packed, disassembled, or
otherwise handled. This definition includes automobile wrecking
yards; house wrecking yards; and storage of structural steel
materials and equipment. This definition does not include used
or salvaged machinery in operable condition; nor the processing
of used, discarded or salvaged materials as a minor part of
manufacturing operations.
KENNEL. An establishment where five or more domestic animals
older than six months are kept whether for compensation, or not.
This definition excludes veterinary clinics/hospitals, pet shops
and zoos.
LOADING AREA. An area for temporarily parking a vehicle while
loading or unloading passengers, merchandise or other materials.
LOT. Any continuous area, tract or parcel of land owned by or
under the lawful control and in the lawful possession of one
distinct ownership undivided by a dedicated street or alley or
another ownership, and which has a minimum of twenty feet of
frontage on a street.
LOT, AEEA. The area within the boundary lines of a lot,
excluding public and private streets and wetlands.
LOT, CORNER. A lot abutting two or more streets at their
intersection.
III-6
LOT, FLAG. A lot with access to a public right-of-way by way of
a narrow strip of land having a minimum width of twenty (20)
feet. A lot consists of two (2) areas:
1. The "flag" or main portion of the lot; and
2. The "panhandle" or narrow access way that connects the
"flag" of the lot to the public right-of-way.
LOT, THROUGH. A lot having frontage on two streets which do not
meet at any place along the boundary of the lot.
LOT, WATERFRONT. A lot of which any portion abuts wetlands.
LOT COVERAGE. That portion of a lot covered by the roof area of
all primary and secondary structures on the lot. This definition
does not include driveways and decks.
LOT DEPTH. The horizontal distance between the front and rear
property lines of a lot, measured along a line midway between the
side property lines. The measurement of the depth of an
irregular lot or one having more or fewer than two side lot lines
will be determined in the most appropriate manner, based on the
lot's longest average dimension.
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 a Zoning Ordinance Exception process.
LOT LINE, REA~. 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. In the case of a
waterfront property, the rear lot line is that which adjoins the
ordinary high water line, unless otherwise designated through a
Zoning Ordinance Exception process.
LOT LINE, SIDE. Any lot line that is not a front or rear lot
line, or any lot line that intersects a front lot line.
LOT WIDTH. The average horizontal distance between side lot
lines measured at right angles to the lot depth line.
MANETTE BUSINESS DISTRICT. Ail properties in the vicinity of
the east end of the Manette Bridge that are included in the
General Business (GB) zoning district and that may be further
expanded through subsequent commercial rezones. (See Fig. III-5)
MANUFACTURED HOME. A r~s~dential unit on one or more chassis
for towing to the point of use to be used with a foundation as a
dwelling unit. This un:t shall bear an insignia issued by a
State or Federal regulatcry agency indicating that the
manufactured home compl:es with all applicable construction
III-7
standards of the U.S. Department of Housing and Urban Development
(HUD). A commercial coach, recreational vehicle, or motor home
are not manufactured homes.
MANUFACTURED HOMES DEVELOPMENT. A site developed as a Planned
Unit Development for the permanent placement of manufactured
homes. The sites for manufactured homes may be rented, leased or
owned.
MARINA. A facility which provides moorage or wet or dry storage
for watercraft or float planes, and which may offer marine-
related sales and services.
MINI-DAY CA~E PROGKAM. A program licensed by the State and
approved by the City for the regular care during part of a
twenty-four hour period of no more than twelve children or
adults. Such care may be provided in the home of the provider,
subject to State standards, or at a non-residential facility.
(Also see: Family Day Care Home)
MOTEL. A facility that offers transient lodging accommodations
to the general public, with at least 25 percent of all rooms
having direct access to the outside without the necessity of
passing through the main lobby of the building, and which may
include kitchen facilities.
NONCONFOP~MING LOT. A lawfully created lot which has lot
characteristics that do not conform to the applicable standards
and regulations for the zoning district in which it is located.
NONCONFOP~MING STRUCTURE. A structure which was legally
constructed but which does not presently comply with required
setbacks, height, lot coverage, or other development standards of
the zoning district in which it is located.
NONCONFORMING USE. Any activity, development or condition which
was legally established prior to the effective date of this
ordinance or subsequent amendments to this ordinance and which
would not be permitted outright nor as an accessory use under
this ordinance and is not specifically listed as being permitted
by Special Use Permit, Planned Unit Development, or other special
permitting process.
OPEN SPACE. Land or water area that is designated for outdoor
recreation, resource protection, amenity, safety or buffer,
including structures incidental to thes~ uses. This does not
include driveways, parking areas, yards required by this
ordinance, land occupied by dwellings, or impervious surfaces not
related to the open space.
OUTDOOR STORAGE. Any material, including items for storage or
sale, lease, processing and repair (including vehicles) not in an
enclosed structure.
III-8
OVERLAY ZONE. A set of land use and development requirements
designed to be applied over, or in addition to, those of the
underlying zoning district for a specific purpose or to achieve a
stated goal, such as to provide for commercial parking lots in
specific areas without removing the established zoning of the
area.
PAVED SURFACE. A surface paved with concrete, asphalt, or brick
but excluding gravel, crushed rock, and similar materials.
PERSONAL SERVICE SHOP. An establishment primarily engaged in
providing services involving the care of a person or apparel,
such as; shoe repair shop, laundry and dry-cleaning retail
outlet, beauty and barber shops, clothing rental, and skin
tanning facilities. This does not include massage parlors,
health care services, exercise establishments or funeral
services.
PIER. A fixed structure, or a permanently moored floating
structure, built over tidelands or shorelands, used for a marine
landing or moorage for watercraft.
PLANNED UNIT DEVELOPMENT (PUD). An area to be developed as a
single entity according to an approved site plan, in which a
variety of compatible uses may be permitted without meeting the
lot-by-lot requirements of the underlying zoning district.
PORCH. A roofed open area, in some cases glazed or screened,
usually attached to a part of and with direct access to and from
a structure.
PRIVATE CLUB OH LODGE. A structure and related facilities and
grounds owned or operated by a private or fraternal organization
for use by its members and guests.
PUBLIC FACILITY. A facility or land owned, operated or
franchised by a unit of general or special purpose government for
public purposes.
RECREATIONAL VEHICLE. A wheeled vehicle designed for temporary
recreational occupancy and not requiring a special permit (other
than licensing) for highway travel. A recreational vehicle is
not a manufactured home and not intended for year-round
occupancy.
RECREATIONAL VEHICLE PARK. Land developed as a unit to include
two or more individual sites to accommodate recreational vehicles
for a period not to exceed 30 days.
RECYCLING CENTER. An establishment for the collection, storage,
and/or processing of recyclable materials, including crushing,
breaking, sorting and packaging operations.
Iii-9
RECYCLING COLLECTION STATION. A structure or container for the
collection and temporary storage, but not the processing, of
recyclable materials.
REHABILITATION. The upgrading of a building from a dilapidated
or substandard condition.
RESTAURANT. Commercial use (excluding fast food restaurants)
which sells prepared food or beverages and generally offers
accommodations for consuming the food or beverage on the
premises.
RESTAURANT, FAST FOOD. An establishment whose principal
business is the sale of pre-prepared or rapidly prepared food
directly to the customer for consumption either on or off
premises. This does not include sidewalk vendors.
SETBACK. The required horizontal distance between the finished
exterior wall of a structure and the lot line of the lot on which
it is located.
SETBACK, PERIMETER. In a PUD, the horizontal distance between
the allowed building envelope and the boundaries of the property
on which the PUD is situated.
SCHOOL. An institution of learning, excluding those offering
post secondary education, offering instruction in the several
branches of learning and study required by the Basic Education
Code of the State of Washington to be taught in the public,
private and parochial schools.
SIDEWALK VENDOR. One who sells edible or non-edible merchandise
from any stand, booth, cart, basket, tray, table or other device
on any sidewalk, street, highway or public place with the primary
intent being to provide a public service.
SIGN. Any communication device, structure, or fixture which is
intended to identify a builidng, use, business, or event; or to
promote the sale of a product, good, or service; using graphics,
letters, figures, symbols, trademarks or written copy. Painted
wall designs or patterns which do not represent a product,
service or registered trademark, and which do not identify the
user, are not considered signs. If a design or pattern is
combined with a sign, only that part of the design or pattern
which cannot be distinguished from the sign will be considered as
part of the sign. (See Chapter IV, Section 18, SIGN PROVISIONS)
SITE PLAN REVIEW. A special review process required of certain
development proposals to allow for site plan analysis and
possible imposition of special requirements to ensure that the
proposal will not be aesthetically or functionally disruptive to
surrounding properties.
III-10
SPECIAL USE PERMIT. A permit which must be acquired before a
use, which is not a permitted use outright, can be constructed or
initiated in any zoning district.
SPECIFIED ANATOMICAL AREAS.
1. Less than completely and opaquely covered areas of the human
body:
a. Genitals and/or pubic region;
b. Buttocks;
c. Breast below a point immediately above the top of the
areola;
2. Human male genitals in a turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
sadism and masochism, and explicit sexual behavior;
3. Fondling or other erotic touching of human genitals, pubic
region, buttocks or breast.
STO~AGE YARD. An area, which may include structures, where
vehicles, equipment, or materials are accumulated. This
definition excludes junk yards, manufacturing, processing, and
sales activities.
STORY. That portion of a building that extends from the floor
surface to the surface of the floor above or, in the case of a
top floor, to the ceiling or roof above. If a finished floor
level is more than six feet above the finished grade for more
than fifty percent of the total perimeter, the area beneath that
floor shall be considered a story.
STREET. A public right-of-way which affords the principal means
of access to abutting properties, or a private way-of-travel
which affords the principal means of access to four or fewer lots
or to property which can be legally subdivided into four or fewer
lots.
STRUCTURE. That which is built or constructed.
STRUCTURE, ACCESSORY. A structure which is incidental and
subordinate to a principal structure and which is customarily
found in connection with the permitted principal structure and
located on the same lot.
III-11
STRUCTURE, PRINCIPAL. A structure containing one or more
principal uses, as permitted by this ordinance.
STRUCTURE, TEMPORARY. A structure which does not have, or is
not required by the Uniform Building Code to have, a permanent
attachment to the ground but is subject to building permits.
TRANSIENT PERSON. A temporary lodger who stays a short time of
not more than 30 days.
USE. The purpose or activity for which land or improvements are
intended, occupied or maintained.
USE, ACCESSORY. A use which is incidental and subordinate to a
principal use and which is customarily found in connection with
the principal use and located on the same lot.
USE, PRINCIPAL. The primary or main use conducted on a lot.
USE, SPECIAL. A use not permitted as an Allowed Principal Use
or an Accessory Use in a zoning district, but which may be
permitted through the Special Use Permit process in accordance
with Chapter 10, Section 3. (Also see Land Use Tables of Ch. V)
USE, TEMPORARY. A use which may occur on a lot on a short term
or seasonal basis for a prescribed period of time which usually
would not exceed six (6) months duration.
USE, UNLISTED. A use which is not specifically listed in the
Zoning Ordinance as either allowed or prohibited in any zoning
district.
VARIANCE. Permission to depart or be relieved from certain
provisions of the Zoning Ordinance.
WEST BREMERTON LIMITED PARKING AREA. The area bounded:
1. On the West by Wycoff Avenue;
2. On the North by Port Washington Narrows;
3. On the East by the rear property line of all properties
immediately adj~ ~nt to the west of Warren Avenue between
PSNS and Sixth $%~eet, and then by the Port Washington
narrows between Sixth and Eleventh Streets.
4. On the South by PSNS between Wycoff Avenue and Warren
Avenue, and Sixth Avenue between Warren and Sinclair Inlet.
WETL4tNDS OR WETLAND AREAS. Ail marshes, bogs, swamps,
floodways, and flood pla=ns associated with the streams, lakes
and tidal waters which aye subject to the provisions of the
Bremerton Shoreline Management Master Program.
III-12
YARD. The portion of a lot that lies between a lot line and the
building (or required setback) line.
YARD, FRONT. A yard extending the full width of the front of a
lot between the front property (lot) line and front building
line. (See Figure III-3)
YARD, REAR. A yard extending the full width of the lot between
the rear property (lot) line and rear building line. Some
irregular lots may not have a rear yard. For situations in which
accessory or other structures are exempt from the rear setback
requirement, the side building lines shall extend to the rear lot
line and side setback requirements shall continue to apply. (See
Figure III-3)
YARD, SIDE. A yard extending from the side property (lot) line
to the side building line and between the front and rear building
lines. Triangular or other irregular lots that have no
designated "rear" lot line may have side yards between two front
yards.
III-13
Figure III-1
ACREAGE CALCULATIONS
Private l~ad ~
(Included in total)
Figure III-2
LOTS & LOT LINES
STAEET
F ~, F
Corner Interior
$ Lot S Lot S S
R R ·
S R S
F Int. Lot
Lot R Flag S
Lot Through
S Lot
F F Corner
R S Lot
Corner Incerlor
S Lot Lot
P ? F
STREET
F - Front Lot Line
S - Side Lot Line
R - Rear Lot Line
111-14
Figure III-3
YARD AREAS
Rear' Lot L[ne-~
REAR YARD
I
I
I
I
I
1
I
__~__L~
FRONT YARD
Front Lot Line '-~
STREET
III-15
Figure III-4
CALLOW BUSINESS DIST~CT
[ I
~300 I [
~'0 NTZ ~TR£ET
Figure III-5
MANETTE BUSINESS DISTRICT
Chapter Amended:
Ordinance #4293
Effective: Nov. 8, 1990
III-17
Chapter IV
GENERAL PROVISIONS
CONTENTS
Section 1: FRONT YARDS PAGE
A. Through Lots ................................................ 1
B. Corner Lots ................................................. 2
C. Intrusions into Required Setbacks ........................... 2
Section 2: SIDE YARDS
A. Intrusions into Required Setbacks ........................... · 2
Section 3: REAR YARDS
A. Intrusions into Required Setbacks ........................... 3
Section 4: ACCESSORY USES AND STRUuTURES .................. 3
Section 5: FLAG LOTS
A. Lot Size .................................................... 4
B. Access Way .................................................. 4
Section 6: SETBACKS OF ACCESSORY STRUCTURES .............. 4
Section 7: MEASURING HEIGHT OF A STRUCTURE
A. Height defined .............................................. 5
B. Reference Datum ............................................. 6
C. Exceptions .................................................. 6
Section 8: FENCES AND WALLS
A. Height & Setback Requirements ............................... 6
B. SUP for Higher Fences or Walls .............................. 7
C. Sight Distance & City Engineer Approval ..................... 7
D. Electric Fences ............................................. 7
E. Barbed Wire ................................................. 7
Section 9: HOME OCCUPATION .................................. 7
Section 10: LIGHTING REGULATIONS ........................... 8
Section 11: ROUNDING OF FRACTIONS OF DWELLING UNITS ..... 9
Section 12: MEASURING OF SETBACKS ......................... 9
PAGE
Section 13: DISH ANTENNAS ................................... 9
Section 14: CALCULATING LOT AREA ........................... 9
Section 15: MINERAL RESOURCE EXTP~CTION PROVISIONS ...... 9
A. Purpose ..................................................... 9
B. Allowable Location of Mineral Extraction .................... 10
C. B~view for Special Use Permit ............................... 10
D. Performance Standards ....................................... 10
Section 16: MANUFACTURED HOMES PROVISIONS
A. Manufactured Home Developments .............................. 12
B. Nonconforming Manufactured Homes ............................ 12
C. Manufactured Home Certification .................... ......... 12
D. Standards for Manufactured Homes on Individual Lots ......... 12
E. Inspection .................................................. 13
Section 17: ADULT BUSINESS PROVISIONS
A. Purpose ..................................................... 13
B. SUP and Locational Criteria ................................. 13
C. Standards of Measurement .................................... 14
Section 18: SIGN PROVISIONS
A. purpose ..................................................... 15
B. Definitions ................................................. 15
C. Applicability and Scope . . 19
D. Sign Permit ................................................. 19
E. Exempt Signs ................................................ 20
F. Prohibited Signs ............................................ 20
G. Sign Measurements ........................................... 21
H. Sign Placement Requirements ................................. 22
I. Temporary/Special Use Signs ................................. 24
J. General Sign Regulations .................................... 25
K. Commercial District Sign Regulations ........................ 25
L. Industrial and Special Purpose District Sign Regulations ..... 26
M. Residential Area Sign Regulations ........................... 27
N. Signs in Mixed Use Districts ................................ 28
O. Variations to Sign B~gulations .............................. 29
P. Nonconforming Signs ......................................... 29
Q. Removal of Signs ............................................ 30
ii
Section 1. FRONT YARDS
A. Through Lots
Through lots have two (2) front property lines with a front
yard on each of two parallel or approximately parallel
streets.
1. Each front yard shall be subject to the front yard
setback requirements of its zone.
2. The Director may grant an Administrative Special
Exception to the double front setback requirement by
designating one street frontage a Rear Lot Line,
provided the following are true:
(a) Two or more contiguous lots are involved, unless
the entire frontage consists of one property; and
(b) The majority of the lots and/or structures within
the block or other area being considered are
clearly oriented in a similar direction away from
the side being considered for designation as the
Rear Lot Line.
3. Orientation of the lot or structure shall be considered
and the portion of a lot facing views or waterfront may
be considered the parcel's Front Lot Line, in which
case the property's only street frontage could be
designated its "rear".
4. If such a Special Exception does not have the written
consent of all property owners directly affected and
all adjoining property owners, then it shall be taken
to the Planning Commission for a public hearing prior
to the Commission's decision.
5. The Special Exception decision shall be in writing,
shall include a map to clearly indicate the extent of
the exception, and shall be subject to appeal in
accordance with the appeal provisions of Chapter X.
IV-1
B. Corner Lots
All lot lines abutting public streets are considered to be
front lot lines and front yard setbacks shall apply. A
corner lot having frontage on more than one street will have
more than one front yard area, the depths of which will be
determined by the front setback requirement of that zoning
district. Refer to the illustrations in Figures III-2 and
III-3 for further clarification.
C. Intrusions into Required Setbacks
Structures shall abide by the required front yard setbacks
except as follows:
1. Eaves, cornices, awnings, bay windows, architectural
appendages, fireplaces, chimneys and permitted signs
may project not more than two (2) feet into the front
yard setback.
2. Front yard setback requirements shall not apply to
decks, platforms, and porches that do not exceed thirty
(30) inches in height above the finished grade; except
that raised decks, high or enclosed porches, balconies
or similar architectural appendages that extend more
than thirty inches above finished grade may project not
more than six (6) feet into the front yard setback.
3. Fences, free-standing walls, steps, walks, and
driveways.
Section 2: SIDE YARDS
A. Intrusions into Required Setbacks
Structures shall abide by the required side yard setbacks
except as follows:
1. Eaves, cornices, awnings, architectural appendages,
fireplaces, chimneys, and permitted signs may project
not more than two (2) feet into the side yard setback,
provided that such extensions may extend no closer than
three (3) feet away from the side property line;
2. Steps, decks, platforms and porches, if they do not
exceed thirty (30) inches in height above the finished
grade, may extend into the side yard no closer than
three (3) feet from the property line;
3. Fences, free-standing walls, walks, walkway steps, and
driveways.
IV-2
Section 3: REAR YARDS
A. Intrusions into Required Setbacks
No structure shall intrude into required rear yard setbacks,
except as follows: (See Section 6: Setbacks of Accessory
Structures)
1. Eaves, cornices, awnings, architectural appendages,
fireplaces, chimneys and permitted signs may extend no
more than two (2) feet into the required rear yard area
setback, and in no case shall be closer than three {3)
feet from any property line;
2. Decks, platforms and open uncovered porches are
permitted within the rear yard area, provided they do
not exceed thirty (30) inches in height above the
finished grade and are no closer than three (3) feet
from any lot line;
3. Fences, free-standing walls, walks, walkway steps, and
driveways.
Section 4: ACCESSORY USES AND STRUCTURES
A. A use or structure that is incidental and subordinate to a
principal structure or use and which is customarily found in
connection with the principal structure or use shall be
permitted, so long as that principal structure or use is
permitted to continue, or unless otherwise specified in this
Ordinance.
B. Accessory structures and uses may not be established without
a related principal structure or use on the same property,
except that accessory uses or structures may be established
on a lot immediately adjacent to and under the same
ownership as the principal's lot, provided it is not
separated from that lot by a street, alley or other right-
of-way, and is in the same zoning district.
C. Accessory uses or structures shall be determined by the
definition of "Structure, Accessory" in Chapter III, the
designation "AC" in the Land Use Tables of Chapter V, or by
the Director. Typical accessory uses and structures include
the following:
1. Residential: Garage, carport, tennis court, swimming
pool/spa, woodshed, shop, storage shed, greenhouse, and
gazebo.
IV-3
2. Commercial/Industrial: Storage shed or enclosure,
trash dumpsters, commercial vehicle parking and
loading, customer and employee parking, signs, and
related subordinate businesses or activities.
Section 5: FLAG LOTS
A. Lot Size
1. The minimum lot area required for flag lots is 150
percent of the minimum lot size normally required in
the zoning district in which the property is located.
2. The minimum lot width and depth is the minimum lot
width and depth required in the zoning district in
which the lot is located. Flag lot dimensions shall be
measured from the mid-point between two opposite lot
lines of the body of the flag lot.
3. For building setback purposes, the access way
connecting the flag portion of the lot with the street
shall be treated as if it were a dead end or stub
street and the front yard setback shall be a radius
from that connection (see illustration).
B. Access Way
1. The access way or driveway shall be under the same
ownership as the body of the flag lot. An easement
shall not be permitted as a method of providing access
to the body of a flag lot.
2. Flag lots must be provided with access to a paved and
dedicated right-of-way either by;
(a) Providing and deeding an access way, or area for a
driveway, of at least twenty (20) feet wide
extending from a dedicated right-of-way to the
body of a flag lot; or
(b) A private street in which the abutting properties
have common ownership.
Section 6: SETBACKS OF ACCESSORY STRUCTURES
A. Accessory structures shall observe the front yard setback
requirements of the zone in which they are located.
IV-4
B. Accessory structures in Residential zoning districts may be
constructed no closer than three (3) feet from the side or
rear property lines that adjoin other property. No setback
is required if the side or rear property line adjoins an
alley.
C. Accessory structures for the keeping of livestock or fowl
shall conform to the requirements of Bremerton Municipal
Code, Chapter 7.08.700.
D. Accessory structures on adjacent lots, that are not attached
to their principal or any other structures, may be attached
to each other at a side or rear property line (zero-lot-
line) with approval of a Special Use Permit and if designed
in accordance with UBC requirements for such structures.
Section 7: MEASURING HEIGHT OF A STRUCTURE
A. The height of a building is the vertical distance above a
reference datum measured to the highest point of the coping
of flat roof, to the deck line of a mansard roof, or to the
average height of the highest gable of a pitched or hipped
roof.
IV-5
B. 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.
C. Exceptions
Penthouse for elevators, fire walls, chimneys, and flagpoles
may exceed the height limit of the zoning district. None of
these exceptions to the height regulations shall be used for
advertising of any kind.
Section 8: FENCES AND WALLS
A. Fences and walls shall observe the following height and
setback requirements:
1. Residential Zones
(a) Maximum height shall be six (6) feet.
(b) Maximum height within front yard setback areas
shall be three (3) feet; except an open mesh
cyclone type fence may not exceed a height of 42
inches.
2. Commercial Zones
(a) Maximum height shall be eight (8) feet.
(b) Maximum height shall be six (6) feet when adjacent
to a public right-of-way, or to a residential
zone.
3. Industrial Zones
(a) Maximum height shall be ten (10) feet.
(b) Maximum height shall be six (6) feet when adjacent
to a public right-of-way, or to a residential
zone.
IV-6
B. A Special Use Permit may be requested for higher fences or
walls along property lines that are designed and intended
for enhanced security, greater residential privacy or other
reasons that will be of benefit to all affected properties.
C. Fences and walls shall not block or hinder the sight
distance of traffic and shall observe the sight distance
requirements of Chapter VIii of this Ordinance. Exact
location and design of a fence or wall is subject to the
approval of the City Engineer when visibility or public
safety is an issue.
D. No electric or electrified fences shall be permitted within
the City of Bremerton.
E. Barbed wire or similar wire protective devices are permitted
only above a height of six (6) feet and shall require a
Special Use Permit if within or adjoining any residential
zone.
Section 9: HOME OCCUPATION
A. Permitted Use
Home Occupations, where permitted, are subject to the
following limitations:
1. The home occupation shall be clearly subordinate to the
use of the dwelling unit for residential purposes;
2. The Home Occupation shall be wholly situated indoors;
3. No person may be employed in the Home Occupation unless
a resident of the dwelling unit;
4. There shall be no exterior display, storage or other
exterior indication of the existence of the Home
Occupation; provided no more than one unlighted sign
not exceeding two square feet in size attached flat to
the main building bearing only the name and occupation
of the occupant shall be permitted;
5. In addition to off-street parking required for the
dwelling unit by Chapter VII, additional off-street
parking is required for one patron. No parking shall
occur in the required setbacks;
6. Sales are limited to products produced on the premises.
Products produced elsewhere may be handled as a
function of the Home Occupation, provided the business
is primarily involved in the product's distribution and
IV-7
does not attract buyers to the property for retail or
wholesale sales;
7. Sales and services to patrons shall be arranged through
appointment to the end that only one patron vehicle is
on the premises at one time;
8. Not more than fifty (50) percent of the gross floor
area of the dwelling unit may be devoted to the Home
Occupation; and, the garage shall not be used in the
business unless the required off-street and customer
parking can be adequately accommodated elsewhere on the
site.
9. Home Occupations involving non-automotive equipment
maintenance or servicing, beauty or barber shops, and
the selling of products that were not produced on the
premises shall require a Special Use Permit.
10. Persons engaged in legal Home Occupations on the
effective date of this Ordinance shall be considered
legal, provided the operation is consistent with all of
the above-listed performance standards.
ll. Any Home Occupation that was legally established but
does not conform to all those standards may not expand
or enlarge and shall terminate that use upon
1. Change of use or ownership of the property; or
2. Written complaint of adjacent or nearby property
owners, after due notice and hearing, if the
Director of Community Development determines that
the Eome Occupation is interfering with the use
and enjoyment of the neighboring premises and is
not compatible with the residential environment in
which it is located.
Section 10: LIGHTING REGULATION
A. Energy efficient light sources shall be utilized when
possible.
B. Lighting shall comply with the Washington State Energy Code
selection and use of light sources.
C. Light sources, both directable and non-directable, shall be
selected and placed so that glare produced by any light
source, does no~ extend to adjacent properties nor onto the
right-of-way (except for sidewalks).
IV-8
Section 11: ROUNDING OF FRACTIONS OF DWELLING UNITS
The number of dwelling units allowed on property is determined by
dividing the lot size by the number of square feet permitted by
appropriate zoning district requirements per unit. When this
results in a fraction, round up to the next whole number (unit)
when the fraction of the whole number is at least 0.66.
Section 12: MEASUKING OF SETBACKS
All setbacks shall be measured from property lines.
Section 13: DISH ANTENNAS
A. A dish antenna which is ground-mounted is subject to the
setback requirements of the zone in which it is located.
B. Dish antennas may not be placed above the maximum height
allowed for any structure.
C. To minimize adverse impacts on views or neighborhood
aesthetic values, any dish or other parabolic antenna having
a collector dish diameter of six (6) feet or greater shall
be ground-mounted. An antenna having a dish diameter
smaller than six feet may be pole- or roof-mounted in a
location that has the least visual impact on surrounding
properties and views while maximizing the effectiveness of
the antenna's operation.
Section 14: CALCULATING LOT AREA
Lot area shall include all areas within the exterior lot lines,
exclusive of water areas. Lot widths, depths and setbacks on
shoreline lots are measured from the Ordinary High Water Mark
(OHWM).
Section 15: MINERAL RESOUKCE EXTRACTION PROVISIONS
A. Purpose
1. To preserve opportunities for mineral extraction by
establishing performance standards to mitigate the
impacts of such uses.
IV-9
2. To protect the health, safety, and general welfare of
the public by establishing performance standards for
the operation of extractive industries and for the
appropriate reclamation of the site.
B. Allowable Location of Mineral Extraction
The removal for purposes of soil, sand, gravel, quarried
stone or ore may be allowed in any zoning district by a
Special Use Permit.
C. Review for Special Use Permit
In addition to standard application requirements, the owner
or agent of the quarry shall submit to the Planning Division
copies of all documents submitted to the State of Washington
Department of Natural Resources.
D. Performance Standards
1. A non-climbable fence, a minimum of eight (8) feet in
height, shall be installed around any mineral
extraction site and all of its accessory operations.
2. When property is adjacent to developed residential
property, streams, lakes, or public rights-of-way, the
following shall apply:
(a) A view-obstructing screen of vegetation at least
four (4) feet in height at planting and attaining
not less than eight (8) feet in height within
three years shall be planted.
(b) When conditions of soil and terrain make
landscaping impractical, a solid sight-obscuring
fence eight (8) feet in height or a wall that
provides a complete visual barrier shall be
installed.
3. Upon termination of quarrying operations at any pit
that exceeds a depth of five (5) feet, the following
shall apply:
(a) Either the pit shall be back-filled to a minimum
sope of one (1) foot vertical to one (1) foot
horizontal; or
(b) A non-climbable eight (8) foot high fence or wall
shall be erected and maintained around the pit.
IV-10
4. The Planning Commission may require landscaping or the
reclamation of the site after quarrying activities are
completed.
5. Required minimum distance from adjacent property that
is developed shall be in accordance with the following:
Parks,
Recreational
Facilities,
Residential,
Cor~ercial, or
Environmentally Industrial
Sensitive Lands Land Uses
To structural edge of pit,
excavation, or stockpiling 100 feet 20 feet
of materials.
To crushing of rock,
processing of stone, 300 feet 200 feet
gravel or minerals.
To any blasting. Determined on
a case by case 400 feet
basis.
6. When a pit exceeds a depth of twenty (20) feet, all
dense undergrowth shall be removed from the soil cover
for a distance of fifty (50) feet from the edge of the
pit.
7. Smoke, dust, dirt, fly ash, other airborne particulate
matter, toxic or odorous gasses, liquid or solids in
quantities that might have adverse effects on adjacent
or nearby properties shall not be emitted from a quarry
site.
8. City Noise Ordinance shall be observed.
IV-11
Section 16: MANUFACTURED HOMES PROVISIONS
A. Manufactured Home Developments
Any manufactured home development shall be developed through
the Planned Unit Development process of Chapter VI.
B. Nonconforming Manufactured Homes
1. A manufactured home which was legally placed and
maintained prior to the date of adoption of this
Ordinance, and which does not meet the requirements of
this Ordinance, shall be deemed to be a nonconforming
structure.
2. If a legal nonconforming manufactured home is partially
or wholly distroyed, replaced, or altered, it shall
meet the relevant requirements of Chapter IX of this
Ordinance relative to nonconformities.
C. Manufactured Home Certification
Ail manufactured homes within the City shall be approved by
the Washington State Department of Labor and Industries or
the U.S. Department of Housing and Urban Development and
have the appropriate insignia affixed to the unit, in
accordance with the provisions of RCW 43.22.
D. Standards for Manufactured Homes on Individual Lots
Manufactured homes may be permitted on individual parcels,
lots, or tracts as indicated in the Land Use Tables of
Chapter V, and in accordance with the density limitations of
Taule V-l, subject to the following:
1. Meet all applicable requirements of that zone;
2. Minimum width of main body shall be twenty (20) feet as
assembled on the site and as measured across the
narrowest point;
3. Minimum roof pitch shall be not less than one (1) foot
rise for each six (6) feet of horizontal run;
4. Provide a solid foundation and be enclosed under
exterior walls;
IV-12
5. Have wood siding or other non-metallic exterior
appearance;
6. Be installed with a floor a maximum of twelve (12)
inches above exterior finished grade; and
7. Have a minimum floor area of four hundred (400) square
feet within the exterior walls.
E. Inspection
1. The Building Official shall inspect the installation of
manufactured homes prior to occupancy and issue
certificates of occupancy when all requirements of the
City of Bremerton have been met. No manufactured home
shall be occupied until after a valid certificate of
occupancy has been issued by the City.
2. If a manufactured home is replaced by another
manufactured home after the effective date of this
Ordinance, a new certificate of occupancy shall be
required.
Section 17: ADULT BUSINESS PROVISIONS
A. Purpose
This Section regulates the location and spacing of adult
businesses. These regulations are intended to reduce
conflicts between adult businesses and certain other uses.
They are intended to protect the City from the blighting
impacts of concentrations of adult businesses while assuring
the full enjoyment of all the Constitutionally guaranteed
rights of the general public.
B. Adult businesses shall be permitted only in the General
Business and Business Core commercial zoning districts,
subject to obtaining a Special Use Permit and conformance
with the following criteria:
1. Not adjacent to a Residential zone.
2. Prohibited within five hundred (500) feet of any parcel
of real property on which is located any of the
following facilities:
IV-13
(a) A school primarily attended by minors; or
(b) A church which conducts religious education
classes for minors; or
(c) A public park, public beach, or public recreation
facility frequented by minors; or
(d) An athletic or recreational center which caters to
or is attended in substantial Dart by minors; or
(e) Video game establishments; or
(f) Convenience markets; or
(g) Downtown Urban Renewal District.
(h) Any other adult business.
C. Standards of Measurement
Distances shall be measured in a straight line or radius,
without regard to intervening structures from the closest
point of a lot, parcel, or tract on which a structure is
occupied or is proposed for occupancy by an adult business
to the nearest portion of the property containing a use
listed above.
IV-14
Section 18: SIGN PROVISIONS
A. Purpose.
This section recognizes the importance of signs in the
community and establishes regulations intended to protect
the public from damage or injury caused by or attributable
to distractions and obstructions caused by poorly designed
or improperly located signs. These regulations are also
intended, in part, to stabilize or enhance the overall
appearance of the community.
B. Definitions.
1. Abandoned Sign. Any nonconforming sign, including its
structure and other components, which is located on
vacant property or an unoccupied building for a period
of six months or more and which, during that time, is
not used for legal sign purposes; or which relates to a
time, event or purpose which no longer applies; and/or
which has been allowed to deteriorate to become a
public hazard or eyesore.
2. Alteration. Any change in the size, shape, method of
illumination, position, location, construction or the
supporting structure of a sign.
3. Area of a Sign. The total space within the frame or
outer dimensions of a sign and including any logos or
other artistic or architectural
features that are directly related
to or an integral part of the
sign, in the opinion
of the Director. (See Section 18-G
for area measurement information.)
4. Awning/Canopy. A temporary or
movable shelter (awning), or a fixed
rigid shelter (canopy) supported
entirely by the exterior wall of the
building and generally extending over
a pedestrian walkway. When used in
conjunction with signs, only that portion
of the awning er canopy that is actually
used as a sign shall be included in sign area
calculations. Llghting of the awning or canopy, whether
directly, indirectly, or by back-lighting shall have no
affect on the ~gn requirements, unless lighted signs
are specifically ;rohibited in that area area or zone.
iv-15
5. Bulletin Board/Kiosk. A permanent sign structure
intended to accommodate changeable copy, such as
private or public notices, special event information,
and other short-term messages, and generally at a scale
suitable
for pedestrians and not intended to be read by passing
motorists. These signs are exempt from sign permits
and size requirements if they are provided for the use
of the general public and not for commercial
advertising purposes.
6. Changeable Co~¥/Message Center/Readerboard sign. A
permanent sign structure that may be internally or
externally illuminated and intended to accommodate
changeable lettering, numbering, graphic displays, or
other short-term messages. Generally used for
commercial advertising or for public service
announcements of current or coming events. (Also see:
Public Information/Identification Sign)
7. Construction Sign. A sign that relates directly to a
construction project taking place on the premises and
may include such informstion as the name of the project
and contractors, phone numbers, completion dates, and
similar information about the project.
8. Directional Sign. A permanent sign which is designed
solely for the purpose of directing motor vehicle,
pedestrian, bicycle, or other traffic, or individuals,
toward a specific destination or route.
9. Free-standing Sign. A sign that is supported by
columns, uprights, or braces in or upon the ground and
not attached to any building.
10. Frontage. The actual length of the front property
line abutting a street or alley (if no street
frontage), or the length of the property line of a flag
lot that most closely parallels the street it most
directly relates to.
ll. Grade. The level of the surface of the ground that
lies immediately below a sign or proposed sign
location. When a slope is involved, the grade shall be
the average of the levels at each supporting member of
the sign's structure.
12. Identification Sign. A sign intended solely to inform
the public of the use of a property, building, office,
or premise, and which may typically include the
address, suite number, or other identifying
information, but that does not include advertising or
messages that are not necessary for the identification
of the premises.
IV-16
13. Illegal Sign. Any sign or advertising device which
was erected or altered in violation of the sign codes
in effect at the time of such action and which remain
in violation of existing codes.
14. Incidental Signs. Signs that are intended for the
convenience of the public, which are informational
only, and which do not include the advertising of
products or services. Such signs include business
hours signs, credit card signs, entrance and exit
signs, and similar signs, some of which may be required
by law for safety purposes.
15. ~aintain. To allow to exist or continue to exist.
Also, where the context indicates, to keep in a safe,
neat and clean condition.
16. Marquee. A permanent roofed structure attached to and
supported by a building and projecting away from the
building, usually over a public walkway and typically
common to theaters. A marquee itself is not a sign,
but is commonly used to support signs.
17. Moving, Flashing, or Animated Sign. Any sign that
includes action or motion, including flashing lights,
color changes, revolving or waving actions other than
wind actuated elements such as flags, pennants,
banners, and similar devices. These types of signs do
not include time/temperature signs, nor electronic or
electric reader-board or message center signs with
messages that change no more frequently than two second
intervals.
18. Multiple-building complex. A group of structures
housing a combination of business, office, residential,
or other uses, and which shares a common area, access,
parking and/or other facilities.
19. Multiple-occupancy building. A single building
housing more than one retail business, office,
commercial venture or other allowed land use.
20. Nonconformin~ Sign. A sign that was legally
established but no longer conforms to the current sign
standards of this Section.
21. Portable Sign. Any sign designed to be
moved easily and not permanently affixed
to the ground or to a structure or building.
A-frame or sandwich board signs and movable
readerboard signs are examples.
IV-17
22. Pro~ectin~ Sign. A sign, other than a wall sign,
which is attached to and projects from a structure or
building facade and the face(s) of which is not
parallel to the building's facade. This sign may be
supported by a structure in addition to its building or
wall support.
23. Public Information/Identification Sign. A sign
intended solely to inform the public of events or
activities of community interest, to identify the
entrance to or exit from the City or a district or
neighborhood within the City, and which does not
include the advertising of any business, product or
service of a commercial nature, nor any logo, symbol,
or other indication of a commercial message or
sponsorship.
24. Sign. Any communication device, structure, or fixture
which is intended to identify a building, place, use,
business or event, to make a statement, or to promote
the sale of products, goods or services using graphics,
letters, figures, symbols, trademarks, or written copy
is a sign. Painted wall designs or patterns of an
artistic or architectural nature which do not represent
a product, service or registered trademark, do not
identify the user, and do not otherwise meet the above
definition, are not considered signs. If a design or
pattern is combined with a sign, only that part of the
design or pattern which cannot be distinguished from
the sign will be considered part of the sign.
25. Si~n Structure. Any structure specifically intended
to support a sign, and which may include supports,
uprights, braces, framework, or other members needed
for support.
26. Temporary/Special Purpose Sign. A sign that is not
permanently affixed and which is intended for short-
term use, such as to advertise a specific activity such
as a special promotion, sale, or fund-raising event.
Signs advertising property for sale or rent, political
or election-related signs, and garage/yard sale signs
are other examples, as are banners, flags, pennants,
searchlights, balloons and similar devices.
27. Wall Sign. A sign attached directly to or erected
against the wall of a building with the face parallel
to the facade of the building and extending no more
than twelve inches from the wall.
Iv-18
C. APplicabilitY and Scope
This Section is intended to regulate the number, size,
placement and physical characteristics of signs and sign
structures. These regulations are not intended to, and do
not restrict, limit or control the content of any sign
message. These regulations shall apply in all zoning
districts and may be subject to additional requirements of
certain districts, or to State regulations. In cases of
conflict, the most stringent requirement shall prevail.
D. Sign Permit
1. Permit Required. No sign shall be placed, erected, or
displayed without first obtaining a sign permit from
the Building Division, except in the case of signs that
are specifically exempt.
2. Removal of Nonconforming Signs. No sign permit shall
be issued to allow a new or additional sign on a
property having a nonconforming sign until such time as
the nonconforming sign(s) is removed or modified to
conform to this code.
3. Permit Application. An application for a sign permit
must be signed by the property owner, lessee, contract
vendee, or other tenant of the property on which the
sign is to be erected or placed. Such application
shall contain the following information unless
determined by the Building Official to be unnecessary
for the processing of the application:
(a) Site Plan: Drawn to scale showing the subject
property, streets, all existing buildings, and the
location of any existing free-standing signs,
utility poles and other structures within fifty
feet of the proposed new sign's location.
(b) Drawings: Showing the details of the proposed
sign, including its dimensions, height, materials,
type of illumination, landscaping (free-standing
signs), and structural support.
(c) Photographs: Showing all existing signs on the
subject property and building(s), and marked to
indicate the proposed location of the new sign(s).
IV-19
E. Exempt Sians
The following signs are exempt from the provisions of this
Section, but may be subject to other provisions of the
Zoning Ordinance or Building Code:
1. Traffic signs, signals, and other traffic control
devices erected by the City or other public authority.
2. Public notices pertaining to public health or safety
issues, or for notification of legal or legislative
actions of public interest that are erected by the City
or other public authority, and of a temporary nature.
3. Permanent plaques, cornerstones, name plates, and other
building identification markings attached to or carved
into the building materials and which are an integral
part of the structure.
4. Signs within buildings, provided they do not include
Moving, Flashing or Animated signs (see definition)
that are visible from any private or public roadway, or
from adjacent properties.
5. Legal nonconforming signs.
6. Incidental signs intended for public information or
convenience and which are no larger than two (2) square
feet each or a total of ten (10) square feet for a
combination of such signs. These may include restroom
signs, hours of operation signs, address numbers, help
wanted, open/closed signs, credit card signs, and
similar small signs.
7. The American flag, State of Washington flag, and other
political or special purpose flags, pennants or banners
that are not intended to contribute to a commercial
advertising display.
8. Wall graphics of an artistic nature and that do not
conform to the definition of "sign".
9. Temporary/Special Use signs related to short-term
events. [See Section I. Temporary/Special Use Signs]
10. Public Information/Identification signs which are
approved through the Special Use Permit process.
F. Prohibited Signs
The following signs are prohibited within the City limits of
Bremerton and shall k~ subject to removal through
amortization or orbY: means:
iv-20
1. Strobe lights and signs containing strobe lights or any
other flashing, moving or animated features that are
visible beyond any property line. Readerboard or
message center signs that change copy no more
frequently than two second intervals, and
time/temperature signs are exempt from this provision.
2. Signs placed or painted on any motor vehicle or trailer
that is not operable and routinely used to transport or
provide the goods or services being advertised, or that
is parked with the primary purpose of providing a sign
that would not otherwise be allowed.
3. Any private sign placed within a public right-of-way,
on a public sidewalk, or overhanging a public right-of-
way; except that signs overhanging a public sidewalk
may be permitted if there is a minimum of eight feet of
vertical clearance between the sidewalk and bottom of
the sign. (Publicly-owned or installed signs not
included).
4. Any sign that is determined by a City Police officer,
the Planning Commission or the City Council to be a
hazard to public safety due to its design, materials,
physical condition or placement.
5. Signs painted, attached to, or otherwise supported by
rock formations, utility poles, trees, or other plant
materials.
6. Bench signs when installed within the public right-of-
way. When on private property, the size of a bench
sign will be counted toward the total allowable sign
area.
7. Portable signs within any public right-of-way, and when
obstructing a pedestrian walkway, bikeway, or driveway
on private property.
G. Sign Measurements
1. The area of sign faces shall include the entire sign
area, including any surrounding frames or cabinet
edges.
2. Sign area does not include supports, foundations, or
structures that are not part of the sign.
3. Only one side ~f a double-faced sign is counted in the
sign's total
IV-21
4. When signs are constructed of individual letters or
other pieces attached to a wall or other flat surface,
the sign area is determined by a perimeter line drawn
around and containing all the pieces.
5. Multiple-copy signs or shopping center signs consisting
of several individual signs on the same support
structure are calculated as the total of all individual
sign components.
6. A round or cylindrical sign is calculated as the
maximum area that can be seen at one time from one
position, or fifty percent of the total area, whichever
is greater.
7. The height of a sign is measured
from "grade" as defined, to the
highest point of the sign or its
structure, whichever is higher.
8. Sign clearances are measured from
grade directly below the sign to the
bottom of the sign or sign frame.
9. Street corner signs (at an intersection)
shall be assigned to one of the frontages
by the applicant and shall conform to the
requirements of that frontage only.
10. Portable signs shall be calculated as part
of the total free-standing sign area available
to the site.
H. Sign Placement Requirements
1. All signs, including supporting structures, shall be
erected or placed totally within the boundaries of the
site and not within any public right-of-way, with the
following exceptions:
(a) Public authority and other traffic-related signs.
(b) Approved signs overhanging public walkways.
2. Vision clearance areas shall be maintained at all
intersections of private and public roadways, alleys,
and driveways, to prohibit any sign within fifteen (15)
feet of such intersections (see illustration).
3. A vision clearance setback shall be maintained a
distance of at least ten (10) feet from the edge of any
existing roadway or from the proposed edge of a planned
road or road proposed to be widened. Any sign within
IV-22
this area shall be either (a) lower than 36 inches
above grade, or (b) higher than eight feet above grade.
Any posts or other supporting structures shall have a
diameter no greater than twelve (12) inches within this
area.
;~.1 ~ ~ -=-~ ~'~-'~
'.. '....',. '-',::.il ~ ~ I.:;':'z'-.."'
' '" :. ";:'.3:1. 13.~']: within visi~
· '. ~,'1 I'¢[:".'~rea~ ~ ~ ~u~t ~
. ht~he~ th~ 8 ft. to
'"."1-' I I;[' prevent ~stmetim of
'~3.. I I ,'
4. A pedestrian clearance vertical
distance of eight (8) feet from
grade or sidewalk to the lowest
part of the sign is required
for any sign extending over
public sidewalks or other
walkways.
5. A projecting sign may extend beyond the property line
and over a public pedestrian walkway for a maximum
distance of six feet beyond the property line but in no
case shall a sign extend beyond the sidewalk and over a
street or other area used by motor vehicles.
6. Free-standing signs shall not extend beyond property
lines.
IV-23
I. Temporary/Special Use Sians
1. Temporary and special use signs are subject to the same
setback and clearance requirements that are applicable
to other signs and shall not cause a hazard to public
safety or block the visibility of motorists.
2. Unlimited Time Special Purpose signs shall conform to
the size, height and setback requirements of the zoning
district in which they will be located.
3. A temporary sign shall not be permanently attached to
the ground, a building, or to any other structure,
other than necessary to secure it to prevent theft or
wind damage.
4. Signs that are related to a specific event or date
shall be removed within seven (7) days of that
occurrence, such as following an election, the sale of
a property, close of a carnival, or similar event.
5. Wind signs or devices that flutter, wave, sparkle, or
otherwise move from the pressure of the wind are
considered to be temporary signs or devices and shall
be used only for specific promotions or events and not
as permanent sign devices.
6. Any temporary sign that has been removed shall not be
replaced by another temporary sign at the same premises
for a period of at least ninety (90) days following its
removal.
7. Short- and long-term temporary and special use signs
may be approved in accordance with the following table
anywhere in the City:
I~EGULATIONS
BUILDING ZONING
SIGN TIM~ SIGN SIGN P~RMIT APPROVAL WITHIN
TYP~ D~$CR/PTION LIMIT SIZE HEIGHT P~QUIR~D P~QUI~D P/GHT-OF-WAY
IV-24
J. General Sign Regulations
The following regulations apply to signs in all zoning
districts of Bremerton:
1. Vision Clearance: Signs shall conform to the clearance
requirements of Section H.
2. Extension above rooftop: No sign that is attached to a
building shall extend above the highest point of the
roof.
3. Window signs: Signs placed on the inside of windows
and directed toward the outside of a building shall be
included in the total sign area calculations.
4. Incidental signs viewed from the outside of a building,
including directional signs, hours of operation, etc.,
shall be included in all sign area calculations, even
if exempt from permit requirements.
5. Canopies & awnings: Signs placed on projecting
canopies or awnings, whether lighted or not, shall be
calculated only for the area of the canopy or awning
taken up by the sign itself.
K. Commercial District Si~n Regulations
The following regulations shall pertain to signs placed
within the PO, NB, GB, SC and BC zoning districts:
1. Free-standing signs:
(a) Narrow parcels: A parcel having less than fifty
(50) lineal feet of street frontage may have a
single free-standing sign not to exceed fifty (50)
square feet in area.
(b) Wide parcels: A parcel having street frontage
greater than fifty (50) lineal feet may have an
aggregate free-standing sign area not to exceed
one square foot per one lineal foot of frontage,
provided no sign exceeds one-hundred (100) square
feet in area.
(c) Multiple signs: Lots having more than one
hundred (100) lineal feet of street frontage may
have more than one free-standing sign.
(d) Spacing: Multiple free-standing signs on the same
parcel shall be no closer than 50 feet to each
other and no closer than 25 feet from adjacent properties.
IV-25
(e) Height: The maximum height of a free-standing
sign shall be thirty-five (35) feet from grade
directly below the sign to the highest point on
the sign or its structure.
(f) Shopping Center or Professional Complex: A
shopping center, professional office complex, or
similar large multiple building or multiple
occupancy development may have an identification
sign to a maximum size of three-hundred (300)
square feet, placed along one or more street
frontages that are longer than three-hundred 300)
feet each, provided the sign is no closer than
one-hundred (100) feet from an adjacent property
on the same side of the street and no other free-
standing signs larger than fifty (50) square feet
are placed on the property.
2. Building Signs:
(a) Maximum aggregate area: The total area of wall
signs, projecting signs, and other signs attached
to buildings shall not exceed two (2) square feet
for each one lineal foot of building facade width.
(b) Maximum sign size: Any single sign attached to a
building shall not exceed one-hundred (100) square
feet in area unless the total sign area is less
than ten percent (10~) of the total facade area.
(c) Number of signs: There is no limit to the number
of individual signs in commercial districts,
provided the total sign area limitations are
maintained.
(d) Illumination: Signs may be illuminated directly,
indirectly, or internally, provided the lighting
is directed away from any residences or other
light-sensitive land uses, and away from on-coming
traffic.
Industrial and Special Purpose District Si~n Regulations
The following regulations shall pertain to signs placed
within the BP, IP, IZ. MX, WS, FM and PS zoning districts:
1. Free-standing
(a) Maximum a:~.a: The free-standing sign
requiremen%s of the commercial districts shall
IV-26
apply, with the exceptions of schools, parks, and
similar non-retail facilities which shall be
limited to a single fifty (50) square foot free-
standing sign per street frontage.
2. Building Signs:
(a) Maximum a~re~ate area: The total area of wall
signs, projecting signs, and other signs attached
to buildings shall not exceed one (1) square foot
for each one lineal foot of building facade width.
(b) Maximum si~n size: Any single sign attached to a
building shall not exceed one-hundred (100) square
feet.
(c) Number of siqns: There is no limit to the number
of individual signs in these districts, provided
the total sign area limitations are maintained.
(d) Illumination: Signs may be illuminated directly,
indirectly, or internally, provided the lighting
is directed away from any residences or other
light-sensitive land uses, and away from on-coming
traffic.
M. Residential Area Sign Regulations
The following regulations shall pertain to signs placed
within any SF, DR, CBR, MF, MR, or HD zoning districts:
1. Free-standing signs:
(a) Entrance Siqns: One free-standing sign shall be
permitted at each street entrance to a
neighborhood, subdivision, manufactured home park,
apartment/condominium complex, or other
homogeneous residential area. Such sign shall be
designed specifically to identify that development
and is subject to review and approval during the
Site Plan Review and/or Planned Unit Development
review. Such sign shall be no larger than fifty
(50) square feet.
(b) Individual Properties: Each residential property
may have one free-standing permanent sign, not to
exceed two (2) square feet in area.
(c) Multiple-family Developments: Residential
properties having four or more dwelling units may
have one permanent sign per street frontage, not
to exceed a total sign area of four (4) square
feet.
IV-27.
(d) Height: Free-standing signs in residential zones
shall be limited to six (6) feet in height,
measured from grade directly below the sign to the
highest point on the sign or its structure.
2. Building Signs:
(a) Any of the free-standing sign limitations of
Sections L-l(b) or (c) above may be applied as
wall signs in lieu of free-standing signs.
3. Other Provisions:
(a) Special care shall be taken in residential zones
to direct lighting away from residences and
traffic. Illuminated signs are discouraged in
residential zones but not prohibited.
(b) Resident name plaques and address numbers shall
not be included in total sign area calculations,
but shall be limited to a size that is in
character with the architecture of the building
and with other such signs in the immediate
neighborhood.
(c) Wind signs or devices that flutter, wave, revolve,
or sparkle, or are otherwise moved by the wind, or
that create sounds, are prohibited in residential
areas.
N. Signs in Mixed Use Districts
1. In zoning districts that permit a mixture of
residential, commercial, and/or industrial or special
purpose uses, the sign requirements of the district in
which the permitted use is typically associated shall
apply. [For example: an office building in a MF zone
may erect signs based on the Commercial District Sign
Regulations.]
2. Strict application of sign regulations in the case of
mixed use areas may be subject to conditions of
approval that are imposed to prevent adverse impacts on
the neighborhood or adjacent properties and to ensure
land use compatibility.
IV-28
O. Variations to Sign Regulations
1. The Director of Community Development shell have the
authority to grant administretive approval for minor
adjustments to sign heights, numbers of signs, sign
placement, and sign size, provided:
(a) The adjustments do not exceed ten percent (104) of
the basic requirement, and
(b) The adjustment is based on a hardship or problem
with the site, existing building placements, or
poor site visibility, and not based on economic
factors or personal design preference.
2. A request for adjustments beyond ten percent shall be
processed as a Variance.
P. Nonconforming Signs
Legally established signs that no longer conform to these
sign provisions may remain, subject to the following:
1. Maintenance, repairs, and the changing of sign faces or
copy are permitted.
2. The sign face may not be enlarged but may be reduced to
lessen the degree of nonconformity.
3. Structural alterations that would prolong the life
expectancy of a nonconforming sign are prohibited.
Improvements that eliminate nonconformities are
encouraged.
4. A nonconforming sign may be relocated or structurally
altered without achieving full compliance with code
requirements when the proposed change will bring the
sign closer to compliance, will remove a safety hazard,
and/or the overall visual/aesthetic impact will be
improved, provided the subject sign has not been
targeted for amortization in accordance with Chapter
IX, Section 6.
5. Signs that have been specifically designated for
amortization shall be removed in accordance with the
amortization schedule, as established by the City.
6. Any portable or temporary/special purpose sign that is
found to be nonconforming shall be removed immediately
following written notification from the City.
IV-29
Q. Removal of signs
1. The Director of Community Development shall remove or
cause to be removed any abandoned, dangerous,
defective, illegal, or prohibited sign.
2. A notice describing the sign to be removed shell be
prepared by the Director or a designee and shall
include e description of the violation or other
problem, and shall specify a time period no greater
than thirty (30) calendar days during which the
violation or problem shall be corrected, or the sign
removed.
3. The notice of violation and time limit for correction
shall be mailed by certified mail to the owner of the
sign, or the owner of record of the property on which
the sign is located. Such notice shall also be posted
at a conspicuous location on the subject property.
4. If the problems or violations have not been corrected
within the required period and the sign has not been
removed, the sign shall be removed by order of the City
and the costs of removal and storage of the sign shall
be assessed in the form of a lien against the property
from which the sign was removed.
5. A sign which has been removed and held by the City
longer than thirty (30) days and not recovered by its
owner, shall be declared abandoned and the title shall
vest in the City.
IV-30
Chapter V
ZONING DISTRICTS
CONTENTS
SECTION 1: RESIDENTIAL ZONING DISTRICTS
A. Single-family Residential Zoning Districts ............... 1
B. Central Bremerton Residential District (CBR) ............. 1
C. Duplex Residential Zoning District (DR) .................. 1
D. Multi-family Residential District (MF) ................... 1
E. Mixed Residential District (MR) .......................... 2
F. Highland District (HD) ................................... 2
SECTION 2: BUSINESS ZONING DISTRICTS
A. Professional office Zoning District (PO) ................. 2
B. Neighborhood Business Zoning District (NB) ............... 2
C. General Business Zoning District (GB) .................... 3
D. Shopping Center Zoning District (SC) ..................... 3
E. Business Core Zoning District (BC) ....................... 3
F. Mixed Use Zoning District (MX) ........................... 3
SECTION 3: INDUSTRIAL ZONING DISTRICTS
A. Business Park Zoning District (BP) ....................... 3
B. Industrial Park Zoning District (IP) ..................... 4
C. General Industry Zoning District (IG) .................... 4
SECTION 4: WATER SUPPLY ZONING DISTRICT (WS)
A. Intent .................................................. 4
B. Permitted Uses .......................................... 4
C. Accessory Uses .......................................... 5
D. Uses by Administrative Special Use Permit ............... 5
SECTION 5: FOREST MANAGEMENT ZONING DISTRICT (FM)
A. Intent .................................................. 5
B. Permitted Uses .......................................... 5
C. Accessory Uses .......................................... 6
D. Uses by Administrative Special-Use Permit ............... 6
SECTION 6: LIMITED PARKING OVERLAY DISTRICT (LPO)
A. Application ............................................. 6
B. Permitted Uses .......................................... 6
C. Provisions .............................................. 7
CONTENTS
continued
SECTION 7: PARKS & SCHOOLS ZONING DISTRICT (PS)
A. Intent .................................................... 8
B. Permitted Uses (Allowed Principal Uses) ................... 8
SECTION 8: UNLISTED USES
SECTION 9: INTERPRETATION OF TABLES
A. ~Use Tables ................................................ 9
B. Lot Requirements Table .................................... 10
FIGURES
........ KEY TO LOT REQUIP~EME~TS TABLE & LAND USE TABLES ...... 11
Pig. V-2 LOT p~EQUIREMENTS TABLE ............................... 12
Fig. V-3 LAND USE TkBLES ...................................... 13
Revised: Dec. 1990
ii
The residential density or development intensity within the
following zoning districts shall reflect the adequacy of
utilities and services, as well as any natural constraints.
Section 1: RESIDENTIAL ZONING DISTRICTS
A. Single-family Residential Zoning Districts -- (SF-1, SF-2,
and SF-3)
Single-family Residential zoning districts are intended to
maintain existing and provide future single-family areas.
Some recreational, religious, social and educational
facilities may be allowed by Special Use Permit. These
districts are intended to establish or stabilize residential
areas, while prohibiting activities harmful to a single-
family residential environment. There are three density
- levels within the single-family zoning districts.
B. Central Bremerton Residential District -- (CBR)
The Central Bremerton Residential zoning district is.
intended to maintain the existing residential land uses of
one and two family dwellings mixed with small multi-family
structures presently found in the older areas of Bremerton.
This district recognizes the historic development pattern
characterized by small lots, narrow streets, small setbacks,
and greater lot coverage. Recreation, religious, social
service, and small-scale commercial uses may be allowed by
Special Use Permit.
C. Duplex Residential Zoning District -- (DR)
This zoning district is intended to maintain existing and
provide future areas for a mixture of single-family and
duplex dwellings. Recreation, religious, social and
educational facilities necessary to serve the community may
be allowed by Special Use Permit.
D. Multi-family Residential District -- (MF)
This zone is intended to maintain existing and provide
future areas for medium-density multiple housing; while
excluding activities harmful to that environment. Non-
residential uses such as recreational, religious, social
v-1
service and educational facilities may complement the
principal uses.
E. Mixed Residential District -- (MR)
The Mixed Residential zoning district is intended to provide
areas for the highest density multiple family residential
with compatible non-residential uses. Some recreational,
religious, social service, and small-scale commercial uses
may exist.
F. Highland District -- (HD)
The Highland District is intended to promote the
revitalization of the Highland neighborhood through a
combination of new development and rehabilitation of older
historically significant structures. Small-scale office
uses and limited commercial uses that are intended to
provide for neighborhood convenience needs will be
permitted, as will higher-density residential development.
Although architectural or historical preservation is
encouraged, new development that will help replace badly
deteriorated structures is also encouraged.
Section 2: BUSINESS ZONING DISTRICTS
A. Professional Office Zoning District -- (PO)
The Professional Office district will provide areas for low-
intensity and small-scale professional office uses. The
district is also intended to serve as a transition area
between residential areas and commercial areas or major
streets. This district may be located along arterial
streets with limited lot sizes as an alternative to strip
commercial development.
B. Neighborhood Business Zoning District -- (NB)
The Neighborhood Business zoning district will provide areas
for limited retail activity and personal services in or
adjacent to residential areas for the convenience of
neighborhood residents. This district is intended to
develop in a cluster form reflecting the scale of the
surrounding neighborhood.
v-2
C. General Business Zoning District -- (GB)
The General Business zone will provide existing and future
areas necessary to meet Bremerton's general shopping and
service needs. When these areas are found along major
arterial streets, points of access shall be limited so as
not to impede traffic and endanger the public health, safety
or welfare.
D. Shopping Center Zoning District -- (SC)
The Shopping Center zone will provide existing and future
areas for clusters of retail activity, personal services,
entertainment, and office uses in accessible, well-designed,
and pedestrian-scaled shopping centers. These centers are
intended to provide alternatives to strip-commercial
development. Shopping centers are intended to be larger
than neighborhood business centers in both scale and use,
being anchored by at least one junior department store,
variety store, or combination of stores.
E. Business Core Zoning District -- (BC)
The Business Core zoning district will establish and
maintain a limited number of high-intensity major commercial
and financial centers. Pedestrian-attracting day and
nighttime activities are encouraged. Transit and pedestrian
facilities linking them are encouraged; long-term parking
and other automobile oriented uses are discouraged.
Residential uses are encouraged both on upper floors and on
the edges of the district.
F. Mixed Use Zoning District -- (MX)
The Mixed Use zone is intended to provide mixed areas of
higher density residential, combined with small scale office
and commercial uses. This district was designed to provide
additional incentives to revitalize and maintain peripheral
areas of business districts. This district is made up
primarily of uses permitted in the Mixed Residential (MR),
Professional Office (PO), and Neighborhood Business (NB)
districts.
Section 3: INDUSTRIAL ZONING DISTRICTS
A. Business Park Zoning District -- (BP)
The Business Park district is intended to provide
opportunities for the development of low-intensity
v-3
commercial, office or manufacturing businesses that are
clean, quiet, low-traffic generators, and that will be
compatible with adjacent or nearby residential uses or other
uses that may be sensitive to business impacts. Business
Parks and their individual development will be designed as
well-landscaped campus-like environments.
B. Industrial Park Zonin~ District -- (IP)
The Industrial Park district is intended to provide areas
for a mix of office, wholesale, trade and distribution, bulk
retailing, and light manufacturing in a low-density, campus-
like environment. This district is to be designed to
minimize adverse effects on adjacent areas.
C. General Industry Zoning District -- (IG)
The General Industry zone is intended to provide areas for
intensive industrial, storage and distribution uses and to
protect these areas from intrusions of incompatible uses.
Section 4: WATER SUPPLY ZONING DISTKICT -- (WS)
A. Intent
The Water Supply District is intended to protect the
Bremerton public water supply by controlling activities and
maintaining high water quality at the source, consistent
with State and Federal regulations. It is further intended
to maintain strict control of access to and activities
within the Union River drainage to allow the Union River
water supply source to continue in an unfiltered status.
B. Permitted uses
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, harvesting, growing 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.
v-4
4. Managing wildlife to preclude degradation of the public
water supply.
5. Conducting educational and research activities
compatible with protection of the public water system.
6. Developing groundwater and protecting aquifers from
contamination or overdraft.
C. Accessory Uses
1. Single-family 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.
D. Uses by Administrative Special Use Permit
1. Temporary crew quarters.
Section 5: FOREST M/kNAGEMENT ZONING DISTRICT -- (FM)
A. Intent
The Forest Management Zoning District is intended to promote
best management practices on forest lands and sound
utilization of forest, water and other resources, consistent
with State and Federal regulations.
B. Permitted Uses
1. Timber harvest activities, including timber removal,
thinning, salvage, and post harvest cleanup.
2. Roads for timber harvest access, fire breaks, forest
protection, and security.
3. Reforestation activities.
4. Hydropower activities consistent with maintenance of
water quality and environmental constraints.
5. Educational and research activities compatible with
protection of the forest resource.
6. Groundwater development and aquifer protection.
v-5
C. Accessory Uses
1. Single-family 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, residue
dumps, and log storage areas.
D. Uses by Administrative Special Use Permit
1. Temporary crew quarters.
Section 6: LIMITED PARKING OVRRLAY DISTRICT -- (LPO)
This zoning district is intended to provide for the development
of commercial and commuter parking lots in areas that are
suitable for such uses, but in which such uses are not permitted
by the underlying zoning district. It is intended that such lots
be developed in accordance with the provisions of this chapter
and Chapter VII: Parking Provisions.
A. Application
The provisions of this overlay district are applicable to
those areas shown on the Bremerton Zoning Map as "Limited
Parking Overlay (LPO)" and are intended to supplement the
requirements of the underlying zoning district by
superimposing additional opportunities and regulations
pertaining specifically to surface parking lots.
B. Permitted Uses
1. Surface parking lots for the off-street parking of
passenger vehicles within the LPO district by Special
Use Permit or Administrative Special Use Permit.
2. Accessory facilities that are necessary for the proper
functioning or design of the parking lot, including
parking meters, instructional and directional signing,
fencing, and landscaping.
3. All uses permitted by the underlying zoning district.
v-6
C. Provisions
1. Parking lots within the LPO district shall be for the
parking of passenger vehicles in daily use and shall
not include lots for commercial vehicles, vehicle
impound lots, or other long-term vehicle storage
facilities.
2. Parking lots shall be developed in accordance with
Zoning Ordinance Chapter VII: PARKING PROVISIONS and
other applicable regulations.
3. Parking lots within the LPO district shall be developed
to the standards of Class "A" parking lots unless
approved as "commuter parking lots".
4. A parking lot may be approved as a "commuter parking
lot" and developed to Class "C" lot standards if the
applicant can demonstrate that:
a. The facility is being provided for long-term
commuter parking by visitors, employees, ferry
commuters, or similar parking needs.
b. The facility will not be used for customer or
client parking serving a business or other non-
parking 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. The facility shall be fenced or otherwise secured
to prevent unauthorized use.
5. A Class "C" lot may be approved with a gravel or
similar surface if the applicant can demonstrate:
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 development or a
different use within five years.
6. A Special Use Permit for a gravel or other unpaved
Class "C" lot shall include a time limitation of not
longer than five years from the date of approval. At
the expiration of the period, the applicant may:
a. Apply for a Special Use Permit Amendment to extend
the time limit;
v-7
b. Apply for a Special Use Permit for approval of a
permanent Class "C" paved lot; or
c. Cease the use and remove the parking lot
improvements from the site.
Section 7: PARKS AND SCHOOLS ZONING DISTRICT -- (PS)
A. Intent
This zoning district is intended to protect and preserve
areas of public land that are currently developed and/or
used for public recreation, open space, and educational or
recreational facilities, or that are planned or otherwise
devoted to such uses. This zone will promote and provide
for such public uses while enhancing the identity and
livability of the community and its neighborhoods.
B. Permitted Uses (Allowed Principal Uses)
1. Passive Parks: Including, but not limited to, open
landscaped or natural areas; hiking, jogging and
bicycle trails; nature trails; picnicking areas;
gardens; arboretum; viewpoints and view structures;
rest rooms and other related or similar facilities and
areas.
2. Active Parks: Including, but not limited to, hard and
soft surface play areas; playground equipment; tennis
courts; basketball and other outdoor courts; lighted
fields; community buildings; snack bar; storage
buildings for park-related equipment; swimming pool;
rest rooms and other related or similar facilities and
areas.
3. Public schools.
4. Public community colleges.
5. Library.
6. Accessory uses - customarily associated with public
parks and schools.
7. Recreation-related nonprofit group uses/activities.
8. Concessions approved by the City Council.
v-8
3. Other Uses
The following new or expanded uses in the PS zone shall
require the Planning Commission's approval of a Special Use
Permit.
1. Golf course.
2. Boat launching and related facilities.
3. Rifle and pistol ranges.
4. Maintenance/service yards.
5. Bus maintenance or storage facilities (includes the
storage and/or maintenance of other vehicles and
equipment).
6. Administrative offices for district or City-wide
operators.
7. Buildings or other structures intended for the use of
recreation-related nonprofit groups.
4. Site Plan Review
All new or expanded structures and other facilities being
developed within this zoning district shall include a Site
Plan and Site Plan Review in accordance with Section 6 of
Chapter X of this Zoning Ordinance.
Section 8: UNLISTED USES
If a use is not mentioned in the Zoning Ordinance, it shall
be considered an Unlisted Use. An unlisted use may be
approved only through the Special Use Permit process and may
be approved only if the Planning Commission finds it to be
similar to the listed uses that are allowed in that
particular zoning district.
Section 9: INTERPRETATION OF TABLES
Chapter V. of this ordinance lists in table form the uses
that are allowed in the various zoning districts established
in this chapter, and the lot requirements of each district.
A. Use Tables
1. The zoning district designations are listed above the
columns of the use table. A list of specified uses
v-9
appears to the left of the horizontal lines.
2. The vertical and horizontal lines of the land use
tables form boxes at their intersectionss. The symbols
within those boxes pertain to whether or not and how
each use is approved in each zoning district.
a. No symbol in the box means the use is not
permitted in that zoning district.
b. The symbol "A" means the use is allowed outright
as a principal use, subject to other development
requirements of the ordinance.
c. The symbol "AC" means the use is allowed as an
accessory use to another principal use.
d. The symbol "SUP" means the use is allowed only if
a Special Use Permit is granted by the City.
e. The symbol "PUD" means the use is allowed only as
a part of a Planned Unit Development approved by
the City.
B. Lot Requirements Table
The zoning district designations are listed on the left
vertical column of the Lot Requirements Table, and the
various categories of lot requirements, such as maximum lot
coverage, minimum lot size, and minimum rear setback, are
listed along the tops of the vertical columns.
V-10
KEY TO
LOT REQUIREMENT TABLE
&
LAND USE TABLES
MAP
SYMBOL ZONING DISTRICT
Residential: SF-1 Single-family Residential (low density)
SF-2 Single-family Residential (medium density)
SF-3 Single-family Residential (high density)
DR Duplex Residential
CBR Central Bremerton Residential
MF Multiple-family Residential
MR Mixed Residential
HD Highland District
Business: PO Professional Office
NB Neighborhood Business
GB General Business
SC Shopping Center
BC Business Core
MX Mixed Use
Industrial BP Business Park
IP Industrial Park
IG General Industry
Other: WS Water sUPPly
FM Forest Management
PS Parks & Schools
URD Urban Renewal District
DRO Design Review Overlay
LPO Limited Parking Overlay
Other SYMBOL MEANING
Symbols:
A Allowed Principal Use
(L.U. Tables)
SUP Allowed by Special Use Permit (See Ch.x)
AC Allowed Accessory Use
PUD Allowed as part of Planned Unit Development
in accordance with Chapter VI.
v-ll
Figure V-1
LOT P~EQUIREMENTS TABLE
V-12
LAND USE TABLES
~ ~ .~ ~ ~ ~ ~ ~ ~
¥-13
LAND USE TABLES
Table 2 of 11
~ ~ o .. ~ ~
V-14
LAND USE TKBLES
I
~ o ~ ~ · o ~ -~ o ~
V-15
LAND DSE TABLES
Table 4 of 11
I ,
,
V-16
LAND USE TABLES ~
' ~
v-i~
LAND USE TKBI~S
Table 6 of 11
~ ~ .~ .
~ ~ · ~ 0 · (
LAND USE TABLES
Table o
~ ~ ~ mm°~~ ~ ' ~ .~ o · ~ ~
V-20
LAND USE TABLES
V-21
LAND USE TABLES
Table 10 of 11
· ~ ~ · m o o = o ~ o ~ o · ~ · ~~ . . ~ o
V-22
USE TABLES
Table 11 of 11
V-23
Chapter VI.
PLANNED UNIT DEVELOPMENT
CONTENTS
PAGE
SECTION 1: PURPOSE
SECTION 2: OUTLINE OF THE PUD PROCESS ..................... 1
SECTION 3: CONCEPTUAL REVIEW ............................... 2
SECTION 4: NEIGHBORHOOD MEETING ........................... 3
SECTION 5: PRELIMINARY PUD APPLICATION .................... 3
SECTION 6: DEVELOPMENT COORDINATING COmmITTEE ........... 4
SECTION 7: PLANNING COMMISSION ACTION ........ . .......... 4
SECTION 8: APPEAL TO THE CITY COUNCIL ..................... 4
SECTION 9: CITY COUNCIL ACTION 4
SECTION 10: FINAL PLAN APPLICATION ......................... 5
SECTION 11: DIRECTOR'S REVIEW OF FINAL PL~ ............... 5
SECTION 12: APPEAL OF DIRECTOR'S DETERMINATION ........... 6
SECTION 13: SCOPE OF PUD APPROVAL .......................... 6
SECTION 14: ALLOWABLE USES . . 6
SECTION 15: GENERAL DEVELOPMENT STANDARDS ................. 7
SECTION 16: SPECIFIC DEVELOPmeNT STANDARDS ................ 8
A. Parcel Size .............. 8
B. Perimeter Setbacks ........................................ 9
C. Height .................................................... 9
D. Open Space ................................................ 9
E. Circulati~ .......... 10
F. Screening ................................................. 11
G. Architectural Theme ....................................... 11
H. Service Improvements ...................................... 11
SECTION 17: PROJECT PHASING ................................. 12
SECTION 18: OPEN SPACE GUARANTEE ........................... 12
i
PAGE
SECTION 19: EFFECTIVE PERIOD OF A PUD PLAN ............... 12
SECTION 20: CHANGES TO FINAL PUD PLAN ...................... 13
SECTION 21: CONFORMANCE WITH FINAL PLAN ................... 13
SECTION 22: PERFORMANCE ~OND ................................ 13
SECTION 23: REAL PROPERTY RESTRICTIONS ..................... 14
SECTION 24: PENALTY ........................................... 14
FIGURES
· Notificatic~ Distances for Public Notice ................. 3
· Maximum Resid. Densities by Zoning District ............. 7
· Perimeter Setbacks (based on building height) ........... 9
Chapter Amended:
Crdinance ~4293
Effective: Nov. 8, 1990
ii
Section 1: PURPOSE
The Planned Unit Development (PUD) chapter of the Zoning
Ordinance is intended to:
A. Permit diversity and variety in allowable uses, location,
and types of structures;
B. Promote the efficient use of land by facilitating a flexible
arrangement of buildings, circulation systems, land uses,
and utilities;
C. Preserve, to the greatest extent possible, the existing
landscape features and minimize adverse effects on sensitive
environmental areas;
D. Allow the combination and coordination of architectural
styles, building forms, and building relationships within
the planned area;
E. Lessen development impacts on adjacent areas through site
design and necessary mitigating measures;
F. Preserve the value, character, and integrity of surrounding
areas which have been, or are being, developed under
traditional zoning district regulations;
G. Provide greater predictability of the applicant's chances of
gaining approval;
H. Provide City officials with assurances that the project will
retain the character proposed at the time of approval; and
I. Allow the general public greater opportunities to
participate in the development process.
Section 2: OUTLINE OF THE PUD PROCESS
A PUD application is reviewed by the City in a two-part process;
review of a preliminary plan, followed by review of a final plan.
The purpose of this process is to minimize development costs
prior to a City determination of the acceptability of the
preliminary plan for a PUD.
A. Part I: The steps involved in the Preliminary Plan review
are:
vi-1
1. Conceptual Review.
2. Neighborhood Meeting.
3. Preliminary PUD Application.
4. City Departmental Review.
5. Public Hearing and Decision by Planning Commission.
6. Public Hearing and Decision by City Council of PUDs
that include subdivisions or rezones.
B. Part II: The steps involved in the Final Plan review are:
1. Final PUD Application.
2. City Review and Decision.
3. Record with County Auditor.
section 3: CONCEPTUAL REVIEW
A. Prior to the submittal of the Preliminary PUD Application,
the applicant shall request a Conceptual Review. The
Planning Division shall arrange a conference within seven
(7) days following the request.
B. The following information shall be submitted for a
Conceptual Review:
1. A sketch map of existing conditions for both the
subject property and those abutting lands within two
hundred (200) feet in all directions.
2. A sketch plan of the proposed development including,
but not limited to:
a. Circulation pattern and distribution of parking
areas;
b. Buildings and use areas, with densities; and
c. Landscape/buffer/open space and recreation areas.
3. The Director, or his representative, shall furnish the
applicant with written comments within seven (7)
working days after the Conceptual Review. In addition,
this letter shall state whether or not a neighborhood
meeting wilt be required.
VI-2
Section 4: NEIGHBORHOOD MEETING
A. After the Conceptual Review, but prior to filing a
Preliminary Application, the Director may require a
neighborhood meeting if the proposed PUD project may cause a
significant impact on a neighborhood. The purpose of such a
meeting will be to solicit information regarding design
alternatives to minimize any adverse impact from the
proposal and alleviate community concern.
B. When a neighborhood meeting is held, the applicant shall
submit to the Planning Division, names and addresses on
stamped legal-sized envelopes for the following:
1. Neighborhood organizations.
2. City Council member(s) of the district(s) in which the
project is being proposed.
3. Surrounding property owners per the following schedule:
Distance in Feet from
Size of PUD the project perimeter
Less than 2 acres 250
2 to 5 acres 500
Over 5 acres 700
Names and addresses shall be obtained from a title
company, County Courthouse, or other source of current
property ownership records, and shall be submitted for
mailing to the Department no less than fourteen (14)
calendar days prior to the neighborhood meeting.
C. The Planning Division shall take written note of substantive
comments, major concerns, and questions during the
neighborhood meeting. Written notes shall be available for
public review within five (5) working days.
D. A record shall also be established to include the names and
addresses of persons attending and/or providing comments as
affected parties for subsequent notification.
Section 5: PRELIMINARY PUD APPLICATION
A Preliminary PUD application shall be filed with the Planning
Division. The information necessary for submittal and processing
of a Preliminary PUD application is detailed in administrative
supplements available from the Planning Division. An incomplete
submittal will delay the processing of any application.
vi-3
Section 6: DEVELOPMENT COORDINATING COMMITT~
A. A Preliminary PUD Application shall be reviewed by the
appropriate City departments, coordinated by the Planning
Division.
B. If the Director recommends in writing to the applicant that
the PUD proposal be changed in any way, the applicant shall
have seven (7) calendar days during which to respond in one
of the following ways:
1. Modify the proposed PUD according to the Director's
comments;
2. Negotiate the changes with the Director or his
representative; or
3. Choose to not change the proposal and give written
notice to the Planning Division of that decision.
C. No response within the given time frame, when a response is
necessary, will delay scheduling of a public hearing on the
application before the Planning Commission.
Section 7: PLANNING COMMISSION ACTION
After conducting a public hearing, the Planning Commission shall
approve, deny, or approve with conditions the Preliminary PUD
proposal. This hearing shall be advertised in accordance with
Section 4 of this Chapter.
Section 8: APPEAL TO THE CITY COUNCIl,
An applicant or any affected party, other than a City of
Bremerton administrative officer acting in an official capacity,
may appeal the decision of the Planning Commission to the City
Council in accordance with the appeal procedures of Chapter ~,
Section 9.
Section 9: CITY COUNCIL ACTION
A. The Cf~y Council shall conduct a public hearing to consider:
1. An appeal of a Planning Commission PUD decision;
2. Any PUD that includes a subdivision;
3. Any PUD that involves a rezone or combination of zones;
or
4. Other matters that normally require Council approval.
vi-4
B. Action on the Preliminary PUD Plan shall be limited to the
overall layout, circulation, and densities as a guide to
preparation of the Final Plan. Written findings of fact and
conclusions of law shall support the Council's decision.
Section 10: FINAL PLAN APPLICATION
A. An application for approval of a Final PUD Plan must be
filed with the Planning Division by the filing deadline.
The information necessary for submittal and review of the
Final PUD Application is detailed in administrative
supplements which are available from the Planning Division.
Incomplete submittals will delay the processing of any
application.
Section 11: DIRECTOR'S REVIEW OF FINAL PLAN
A. The Director shall review the Final PUD Plan and shall
verify that it is in substantial compliance with the
approved Preliminary Plan, and that any problems and all
details have been worked out. If an affirmative finding of
substantial conformance is made, the Director must approve
the Final PUD application without any additional
stipulations. The final site plan shall be recorded with
the County Auditor.
B. The Final Plan shall be in substantial compliance with the
approved Preliminary Plan. Minor administrative adjustments
to the Final Plan may be approved by the Director and the
Plan shall be deemed in substantial compliance if the
following are true:
1. The general use or character of the development is not
changed.
2. There are no new or increased traffic or circulation
problems.
3. The total number of residential dwelling units has not
increased by more than five percent (5%) over the
number shown on the Preliminary Plan.
4. The gross square footage of commercial, office, or
industrial space has not increased by more than five
percent (5~) over those shown on the Preliminary Plan.
5. The amount of approved open space has not decreased by
more than three percent (3~).
C. After the Director's Final Plan decision has been made, a
letter shall be sent to the persons of record explaining the
decision and the appeal process.
vi -5
Section 12: APPEAL OF DIRECTOR'S DETERMINATION
A. The applicant or any affected party may appeal the
determination of the Director that the Final PUD Plan is or
is not in substantial conformance with the approved
Preliminary Plan.
B. Within ten (10) calendar days from the date of the
Director's determination, a written notice of appeal to the
Planning Commission may be filed with the Secretary of the
Planning Commission. The appeal will be scheduled on the
earliest possible Commission agenda.
C. The Planning Commission shall uphold or reverse the
Director's determination and shall be final, unless a
written appeal of that decision to the City Council is filed
with the City Clerk within ten (10) calendar days of that
decision.
D. The Director's determination of lack of substantial
conformance, or subsequent ratification by the Planning
Commission or City Council of that determination, shall
require the PUD applicant to bring the Final Plan into
substantial conformance with the Preliminary Plan, or submit
a new Preliminary Plan.
Section 13: SCOPE OF PUD APPROVAL
A. The PUD final approval shall superimpose the PUD onto the
underlying zoning, which is the official zoning district of
record. The use and density restrictions of the underlying
zoning are applicable to the PUD, unless the City makes
specific allowances otherwise in accordance with the
provisions of this Chapter.
B. The PUD shall allow exceptions to the lot requirements of
the underlying zoning district, including modifications to
lot size, setbacks, height and other similar requirements.
The PUD shall constitute a limitation on the use and design
of the site.
Section 14: ALLOWABLE USES
A. The uses allowed in a PUD shall be governed by the allowed
uses in the underlying zoning district(s). If the applicant
seeks to have uses allowed in the proposed PUD that are not
allowed in the underlying zoning district(s), a rezoning of
the subject property may be incorporated into the PUD
proposal and processed in accordance with the normal Rezone
procedure. Any approved zoning reclassification shall be
conditioned on City approval of the Final Plan for the
subject property.
vi -6
B. There may be a composite of two or more zoning districts
allowing land uses of those zoning districts to be located
anywhere within the PUD in accordance with an approved site
plan. Allowable uses, buildings, lots, accessory
structures, off-street parking areas, and open space may be
located without reference to boundaries of the underlying
zoning.
C. Any use normally subject to a Special Use Permit in an
underlying zoning district will be permitted without the
requirement of application for such a permit if that use is
approved as part of the PUD.
D. Any use applied for and not specifically listed in the
Zoning Ordinance, shall be permitted in a PUD if approved by
the Planning Commission.
E. Determination of the maximum number of dwelling units
permitted in a PUD shall be based on the gross acre. A
gross acre shall be defined as 43,560 square feet of land
involved in the PUD, regardless of the current or proposed
use of the land. The maximum allowable density of a PUD in
any residential zoning district shall be as follows:
MAX. UNITS/GROSS ACRE
BY PERCENTAGES OF OPEN SPACE
ZONING DISTRICT 15~ 20~ 25~ OR MORE
SF-1 3 4 5
SF-2 5 7 9
SF-3 9 10 12
DR 9 10 12
CBR 15 17 20
MF 22 26 30
MR 44 50 60
HD 44 50 60
F. The distribution of dwelling units within the PUD is not
limited to the boundary of any underlying residential zoning
district(s).
Section 15: GENERAL DEVELOPMENT STANDARDS
A PUD may be approved if it is found that the development
conforms to all of the following general criteria:
A. The location, design, and uses of the PUD shall be
consistent with the Comprehensive Plan, Bremerton Shoreline
Management Program, and with other applicable plans and
ordinances adopted by the City.
vi-7
B. The PUD shall be integrated with its surroundings and
designed to harmonize with existing or proposed development
in the neighborhood. In the case of a departure in
character from the surrounding land uses, the scale,
intensity and design shall adequately reduce the impact of
the development in such a way that the project will not be
detrimental to the neighborhood.
C. The traffic generated by the PUD shall be accommodated
safely without congestion on existing or planned streets.
D. All development will be adequately served by existing or
planned facilities and services.
E. The PUD will result in an attractive, healthful, efficient
and stable environment for living, shopping, working and
leisure activities.
F. The development plan shall make adequate and appropriate
provision for the preservation of the environment, both
natural and man-made, and the conservation of energy.
Section 16: SPECIFIC DEVELOPMENT STANDARDS
All Planned Unit Development projects shall comply with the
following standards, which are intended to provide guidance and
predictability to all participants in the PUD process:
A. Parcel Size: An area not less than one gross acre in size
may be considered for a PUD. The Planning Commission may
accept parcels smaller than one acre provided that there is
adequate showing by the applicant that:
1. The site has natural or aesthetic features which may be
destroyed or adversely affected by traditional
development techniques otherwise allowed; or
2. The site is located in a City-designated urban renewal
area, neighborhood conservation area, or other "target
area" for rehabilitation or redevelopment; and
3. Properties in the immediate vicinity of the proposed
development are all or mostly developed, or are
otherwise not available for acquisition nor suitable
for the proposed use; and
4. The uses and style of the proposed development will be
consistent with and/or complementary to the existing
development character of the area.
vi -8
B. Perimeter Setbacks:
1. A residential Planned Unit Development smaller than one
acre in area shall conform to the normal setback
requirements of the zoning district in which it is
located. If the PUD includes a combination of zones,
the most restrictive setbacks shall apply.
2. All other PUDs shall maintain minimum front, side, and
rear setbacks according to the height of the buildings,
as follows:
SETBACKS
BUILDING HEIGHT FRONT SIDE REAR
0-25 Ft. - .... 20 ft. 10 ft. 10 ft.
26-35 Ft. - .... 25 ft. 15 ft. 15 ft.
Over 35 Ft. --- 30 ft. 20 ft. 20 ft.
3. Interior setbacks shall be consistent with the
specifications of the approved site plan. Buildings
shall be sited in a manner that will avoid a corridor
or barracks-like effect.
C. Height: Building heights in a PUD may be varied from the
underlying zoning district(s). However, building heights
shall be compatible with the scale of the surrounding
neighborhood to maintain privacy, retain scenic views, and
ensure a reasonable balance of light and shadow on adjacent
properties.
D. Open Space:
1. There shall be a minimum of fifteen percent (15%) of
the total area of a residential PUD, or the residential
portions of a mixed use PUD, dedicated as common open
space, accessible to all owners or tenants of the
development. Open space shall be provided for active
as well as passive recreational activities, and for the
preservation of existing natural site amenities
whenever possible. Open space shall not include:
a. Streets, alleys, and other rights-of-way.
b. Vehicular drives, parking, loading and storage
areas.
vi-9
c. Required buffering and landscaping for parking
areas; nor
d. Perimeter setback areas of the PUD project.
2. Open space and supporting facilities intended for
recreational use shall be designed and located to not
adversely impact surrounding land uses, especially
existing residential uses.
3. Open space and its intended uses shall be clearly
designated on the site plan. At least two-thirds of
the open space area shall be suitable for active
recreational purposes. The City will base its
acceptance of these areas on their dimensions,
useability, location, slope, and physical improvements.
4. The total requirement for active open space may be
reduced by no more than twenty-five percent (25~)
through the provision of a recreation building,
swimming pool, or similar major recreational facility
that, in the opinion of the Planning Commission, will
better provide for the needs of the residents without
significantly detracting from the project's appearance
or environmental quality.
5. The locations of natural site amenities shall be
considered when planning for open space, siting
buildings and other structures, routing underground
services, and determining finished grade levels and
areas to be paved. Natural amenities might include
rock out-croppings, ravines, groves of trees, ponds or
streams. Up to one-third of property intended to
satisfy the open space requirement can be unsuitable
for recreational purposes if consisting of existing
natural site amenities.
6. When a PUD is constructed in phases, common open space
shall not be less than fifteen percent (15~) of the
total area developed in each phase and must be
completed in accordance with approved specifications at
the time of completion of each phase of the PUD.
7. Provisions shall be made for the perpetual maintenance
of all common open space areas.
E. Circulation:
1. Ail streets shall be publicly dedicated except:
a. Those serving three or fewer lots in single-family
developments; and
vi-10
b. Those serving recreational vehicle or mobile home
parks.
2. Streets or rights-of-way shall be provided in
accordance with City standards.
3. A pedestrian circulation system shall be designed to
assure that pedestrians can move safety and
conveniently both on the site and between the site and
nearby properties and activities, as appropriate.
4. Ail streets and parking areas shall contribute to the
overall aesthetic design of the PUD, while minimizing
traffic congestion and the amount of impervious surface
area.
5. No parking or maneuvering areas shall be allowed within
the PUD's perimeter setbacks when the development is
within or abutting any residential zoning district.
6. The parking requirements and provisions within any PUD
shall be based on the provisions contained in Chapter
VII of the Zoning Ordinance.
F. Screening: Ail utility facilities, loading areas, trash
containers, outdoor storage areas and blank walls shall be
screened from surrounding properties.
G. Architectural Theme: The structural elements of each PUD,
including accessory structures such as signs and lighting,
shall be integrated into a primary architectural theme.
H. Service Improvements: Service improvements in a PUD shall
be provided in accordance with the following provisions:
1. Preliminary Plan Review: Preliminary engineering
information on waste disposal, water and electrical
systems, street improvements, fire h~drants, drainage
and other public improvements shall be reviewed to
determine the availability of such utilities and
services to the site, their adequacy to service the
proposed project, and/or necessary measures to make the
needed utilities and services available on the site.
2. Final Plan Review:
a. Final detailed engineering plans for drainage,
grading, trash collection, fire hydrants, waste
disposal systems, water system, electrical system,
street improvements and other public improvements
must be submitted to be approved b~ the City. The
developer of the PUD shall execute an agreement
with the City to ensure the installation of
vi-11
improvements.
b. Where practical, all service facilities shall be
placed underground, with the exception of those
that, by their nature, must be on or above the
surface.
c. The Declaration of Covenants, Conditions, and
Restrictions in each deed to be held by a property
owner within the PUD shall require periodic
assessments for the ongoing maintenance and repair
of all private service facilities held in common.
The Declaration shall also require that the
governing body of the PUD be responsible for the
adequate maintenance of such facilities.
Section 17: PROJECT PHASING
If the PUD is designed to be built in phases, the Final Plan may
also be submitted in phases. The Preliminary Plan, however, must
be submitted for all proposed phases at one time to show the
total development. At the time of the Preliminary Plan Review,
the appropriate share of any off-site utility connections,
streets, or other public improvements to be constructed shall be
determined for each phase of the PUD.
Section 18: OPEN SPACE GUARANTEE
A. In addition to the Final Plan(s), the developer of the PUD
shall submit a legal instrument guaranteeing:
1. The retention of open space, and
2. The permanent maintenance of open space and commonly
owned facilities in accordance with the provisions of
this Chapter.
B. Guarantees may include, but are not limited to, grants to or
reservations for the use of property owners within the
development, dedications to the public, conveyances to
property owner associations or corporations, or by a
combination of the above.
Section 19: EFFECTIVE PERIOD OF A PLANNED UNIT DEVELOPMENT PLAN
The development shall be constructed in a timely manner, as
outlined in this Section, and the development approval by the
City shall be subject to revocation if the following time
limitations for planning and development are not met:
vi-12
A. Time Limit for Action on a Preliminary Plan:
Within a maximum of two (2) years following approval of the
Preliminary Plan, the applicant shall file a Final Plan for
all or Dart of the Planned Unit Development. If the Final
Plan is not filed within two years, the right to proceed
under the Preliminary Plan shall expire. The Planning
Commission may approve a one time one-year extension upon a
showing by the applicant that progress is being made and
that it is very likely that the Final Plan will be submitted
within the extended time period.
B. Time Limit for Validity of the Final Plan(s):
The applicant must begin the development of an approved PUD
within two (2) years of Final Plan approval. A one time
one-year extension of time may be granted by the Planning
Commission, as approved in Section 19-A. If the project is
to be developed in phases, the applicant must begin and
substantially complete the development of each phase within
two (2) years of the time provided for the start of
construction of each phase in the development schedule.
Extensions may be granted by the Planning Commission on the
same bases as provided in Section 19-A. Failure to develop
within the specified time limit shall cause a forfeiture of
the right to proceed under the Final Plan and require
resubmittat of the PUD application.
Section 20: CHANGES TO FINAL PUD PLAN
The Director of Community Development may administratively
approve minor changes to an approved Final Plan in accordance
with the criteria of Section 11-B.
Section 21: CONFORMANCE WITH FINAL PLAN
A temporary or final Certificate of Occupancy or building permit
shall not be issued if it is not in conformance with the approved
Final Plan.
Section 22: PERFORMANCE BOND
A. Prior to the issuance of any occupancy permits, the
developer shall submit and enter into an agreement with the
City to construct the development as approved, together with
a performance bond or other suitable collateral, to be
approved by the City Attorney in an amount sufficient to
ensure the completion of improvements of a public nature to
the required specifications and including, but not limited
to, streets, sidewalks, waste disposal system, water mains,
storm runoff and erosion control system, street signs,
street lights, and landscaped buffers.
vi-13
B. As improvements are completed and upon application by the
developer, a partial release of the bond or collateral may
be authorized, provided it will leave a balance equal to the
cost of completing the remaining improvements, as certified
by the City.
C. The bond or collateral agreement shall provide for
forfeiture to the City and the right to withdraw funds upon
default by the developer for the purpose of constructing any
or all of the public improvements, in accordance with the
approved specifications.
Section 23: REAL PROPERTY RESTRICTIONS
Ail the land within the Planned Unit Development shall be subject
to such contractual agreements or recorded covenants as the City
may deem necessary to protect the public interest.
Section 24: PENALTY
It shall be unlawful for any person, firm or corporation to
construct, enlarge, or change any land or PUD in the City, or
cause or permit the same to be done, contrary to or in violation
of any of the provisions of this Chapter. Any person, firm or
corporation violating any of the provisions of this Chapter shall
be subject to the provisions of Chapter XI (ENFORCEMENT) of the
Zoning Ordinance.
Chapter Amended:
Ordinance No. 4293
Effective: Nov. 8, 1990
VI-14
Chapter VII.
PARKING PROVISIONS
CONTENTS
PAGE
SECTION 1: INTENT .......................................... 1
SECTION 2: GENERAL PROVISIONS ........................... 1
A. Provision Nd Use of Parking Spaces ..................... 1
B. Plans Required .......................................... 1
C. Nonconformities ......................................... 1
D. Building Rehabilitation ~r Change of Use ................ 2
E. Parking Requirements for Mixed Uses ..................... 2
F. Rounding of Numbers ..................................... 2
G. C~mercial Parking in Residential Zones ................. 3
Parking Within ~quired Setback Areas ................... 3
I. Unobstructed Access and Circulation ..................... 3
J. Access onto Public Rights-of-way ........................ 4
K. Driveways ............................................... 4
L. Drainage ................................................ 4
M. Maintenance ............................................. 4
SECTION 3: PARKING LOT CLASSIFICATIONS
A. Class "A" Lot .... .. 5
B. Class "B" Lot....... · .' ......... .. · .. · ' 5
C. Class "C" Lot ........................................... 5
SECTION 4: PARKING LOT DEVELOPMENT STANDARDS
Minimum Design Standards ................................ 6
B. Permitted Modifications to Standards .................... 6
C. Parking Lot Setback Requirements ........................ 8
D. Internal Parking Lot Design ............................. 9
E. Bicycle Facilities ...................................... 9
F. Motorcycle Parking ...................................... 9
G. Surfacing ............................................... 10
H. Iighting ................................................ 11
I. Signage and Striping .................................... 11
J. Buffering and Screening ................................. 11
K. Trees and Landscaping ................................... 12
SECTION 5: SITE PLAN REQUIREMENTS FOR PAP~KING LOTS ... 14
SECTION 6: HANDICAPPED PARKING REQUIREMENTS ........... 15
SECTION 7: SATELLITE PARKING AREAS ...................... 16
SECTION 8: JOINT USE OF PARKING FACILITIES ............ 17
PAGE
SECTION 9: FREIGHT LOADING ZONES ........................ 18
A. Requirements ............................................ 18
B. Loading Zone Development Standards... ....... .. . ......... 18
SECTION 10: REQUIRED OFF-STREET PARKING SPACES
A. B~sidential Requirements ................................ 19
B. Non-residential Requirements ............................ 20
C. Central Business District Parking Area .................. 20
D. Unlisted Uses ........................................... 21
E. Bicycle Parking Standards ............................... 21
F. Motorcycle Parking Standards ............................ 21
G. Drive-through Stacking Requirements ..................... 22
SECTION 11: VIOLATIONS, PENALTIES, AND APPEALS ......... 22
LIST OF FIGURES
vii-1 Parking Lot Minimum Design Requirements .................. 7
VII-2 Parking Lot Setbacks ..................................... 8
VII-3 Minimum Surfacing Standards .............................. 10
VII-4 Minimum Plant Material Sizes ............................. 14
VII-5 Special Parking Districts ........................ · ....... 23
VII-6 Off-street Parking Requirements for Residential Uses ..... 24
VII-7 Off-street Parking Requirements for Non-residential Uses . 25
Effective Date:
September 20, 1990
(Ordinance No. 4285)
ii
Section 1: INTENT
It is the intent of the parking and loading requirements to
provide for well-designed, safe, and efficient off-street parking
spaces to serve all land uses, and thus help alleviate congestion
on City streets. Parking spaces and areas shall be properly
designed and readily accessible to protect the public health,
safety and welfare.
Section 2: GENERAL PROVISIONS
A. Provision and Use of Parking Spaces.
1. Required parking spaces shall be made available and
continuously maintained for the parking of operable
passenger automobiles and bicycles of residents,
customers, patrons and employees of the related land
use and shall not be rented, leased or otherwise
assigned to any person or organization without an
approved joint use agreement or other City approval.
2. No business, display, or other non-parking activity
shall be permitted on required parking spaces.
B. Plans required.
1. No building permit shall be issued until the applicant
has submitted satisfactory plans to the City showing
how the off-street parking and loading facilities
required by this chapter will be provided and
maintained. The plans must be approved by the City.
2. Development of a parking lot without a building or
other structure does not require a building permit but
does require site plan review in accordance with
Section 5 of this Chapter and with the Site Plan Review
provisions of Chapter X.
C. Nonconformities.
Land uses and buildings legally in existence prior to the
adoption of these regulations shall not be required to
comply with these provisions, except:
vii-1
When a building is moved to a new lot, there shall be
provided off-street parking and loading space as
required by this Chapter; and
When a non-residential structure or outdoor use is
increased or structurally enlarged, off-street parking
shall be required for that new use; however, additional
parking is not required
(a) When the increase is less than ten percent of the
original square footage of the space or use, or
(b) When the expansion necessitates the addition of
three or fewer parking spaces. When an expansion
occurs in stages, the additional required parking
spaces shall be provided with each stage of
construction. All parking spaces required by the
total project may also be included in the first
stage of a multi-phase development.
D. Building Rehabilitation or Chanqe of Use.
1. Additional parking shall not be required as a result of
a building remodel or improvement, a change in use or
tenancy, or a new certificate of occupancy, provided
such changes result in no significant increase in
parking demand.
2. If a significant increase in parking demand results, in
the opinion of the Director, additional parking shall
be provided in accordance with the parking requirements
of this Chapter.
E. Parking Requirements for Mixed Uses.
1. For mixed use developments, the total requirements for
off-street parking shall be the sum of the individual
use requirements.
2. Off-street parking facilities for a specific use shall
not be considered as meeting the parking needs of any
other uses unless approved as a joint use parking
facility in accordance with Section 8 of this Chapter.
F. Roundin~ of Numbers.
When the unit of measurement determining the number of
required parking spaces results in a fraction, any fraction
of 0.5 or less shall be disregarded and a fraction greater
than 0.5 shall require a full parking space.
vii-2
G. Commercial Parkinq in Residential Zones.
Unless authorized by Special Use Permit, the Limited Parking
Overlay District, or other provision of the Zoning
Ordinance, the rental or lease of parking spaces or other
use of property in any residential zone for commercial
parking purposes is prohibited.
H. Parkin~ Within Required Setback Areas.
1. Off-street parking spaces, other than driveways shall
not be located within a required rear or side setback
area of any residentially zoned lot unless said rear or
side property line abuts an alley.
2. Off-street parking spaces, other than driveways, shall
not be located within a required front setback area of
any residentially zoned lot.
3. Parking spaces may be established within the front or
side setback area in hardship situations if;
(a) An alternative parking proposal is approved as a
Variance or Administrative Variance; and
(b) Such alternative parking proposal does not result
in more than the minimum number of parking spaces
required for the subject property or land use.
4. Parking is prohibited on landscaped or other areas not
designed and approved for parking.
I. Unobstructed Access and Circulation.
1. Unobstructed vehicular access to and from a public
street shall be provided for all off-street parking
spaces. Vehicular access drives shall be designed to
insure the safety of persons using such access or
traveling on the public street.
2. No obstructions shall be permitted within any
designated parking space or maneuvering area.
3. No parking space may block access to another parking
space unless the lot is supervised by an attendant with
access to the keys of all vehicles, or unless a tandem
parking design has been approved by the City.
vii-3
J. Access onto Public Rights-of-way.
1. Driveways and areas for loading, parking and
maneuvering of vehicles must meet City standards
regulating traffic flow onto public streets and alleys.
2. The City or Washington State Department of
Transportation may limit the number, location and width
of curb cuts along a public right-of-way.
3. With the exception of single-family and duplex
structures on individual lots, parking spaces shall be
designed to prevent the backing of vehicles onto a
public right-of-way, other than an alley.
K. Driveways
1. Common driveways are encouraged for adjacent lots, both
residential and non-residential. To create a common
driveway, adjacent property owners shall grant
easements to each other on the common driveway. These
easements shall be approved by the City Attorney and
recorded in the office of the County Auditor.
2. A driveway located within a residential front or side
yard shall be no more than twenty (20) feet in width
and shall not be used in calculating the number of
required parking spaces.
3. Approval of non-residential driveways will be based on
the location, intended usage, and other factors and
shall be in accordance with State and City engineering
standards.
L. Drainage.
1. Ail parking areas shall be designed to properly dispose
of surface water and prevent its drainage onto
adjoining properties and shall meet all applicable · y
drainage requirements.
2. Ail parking areas larger than 5,000 square feet shall
provide an on-site stormwater detention system approved
by the City Engineering Department.
M. Maintenance.
1. The property owner shall ensure that parking areas are
continually maintained in good condition and free of
refuse and debris.
vii-4
2. Ail landscaping shall be kept in a healthy condition
and properly maintained and replaced when necessary.
Section 3: PARKING LOT CLASSIFICATIONS
For design flexibility and specific adaptation, parking lot
development standards apply to three parking lot classifications,
defined and described as follow:
A. Class "A" Lot:
1. A conventional parking lot that is either required by
the City or otherwise developed to provide for the
needs of a specific land use such as a business,
office, apartment complex, or other use.
2. Shall conform to all standard parking lot minimum
design requirements, as contained herein.
3. May be required anywhere in the City except within the
"Central Business District Parking Area".
B. Class "B" Lot:
1. Central Business District parking lot with modified
development requirements to take into consideration the
limited space, lack of building setbacks, and other
features unique to the CBD area.
2. Intended to provide for a combination of customer and
employee parking needs within an intense business
environment.
3. Standards are intended to achieve basic improvements
for safety and convenience while emphasizing
landscaping and visual appearance improvements along
street frontages only.
4. Applicable to properties within the "Central Business
District Parking Area", as shown on the map in Figure
VII-5 and which coincides with the definition in
Chapter III of "Central Business District".
C. Class "C" Lot:
1. Commuter/long-term parking lot provided only for all-
day or similar extended time parking for visitors,
employees, ferry commuters, and similar applications.
vii-5
2. Lots may be employee-only lots or commercially
operated, provided parking fees are charged by the day
or week and, in no case, for periods shorter than eight
hours.
3. Class "C" lots shall not be used for customer or client
parking and shall be fenced or otherwise secured to
prevent unauthorized use.
4. Class "C" lots may be permitted by Special Use Permit
in any zoning district that allows "Commercial Parking
Lots", except that they shall not be permitted within
the "Central Business District Parking Area".
5. Class "C" lots may be permitted by Special Use Permit
within a residential zone only when the proposed
location is within the "Limited Parking Overlay
District".
Section 4: PARKING LOT DEVELOPMENT STANDARDS
Unless specifically modified or exempted by the specific
standards of each parking lot classification, all parking and
loading areas shall be developed and maintained as follows:
A. Minimum Design Standards.
The minimum design standards for space size and aisle width
in "Standard" and "Commuter" parking lots are shown in
Figure VII-1.
B. Permitted Modifications to Standards
The stall dimensions indicated in Figure VII-1 may be
modified as follows:
1. Parked vehicles may overhang walkways or landscaped
areas as follows:
(a) The vehicles do not extend beyond the property
line or into the front yard setback.
(b) Wheel stops are attached to the ground or pavement
if curbs are not provided.
(c) Any required walkway maintains a minimum three (3)
foot wide unimpeded passage for pedestrians beyond
a two and one-half foot vehicle overhang distance
from curb or wheel stop.
VII-6
Figure VII-1
PARKING LOT
MINIMUM DESIGN REQUIREMENTS
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 WIDTH 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
~B~D~~ A = Parking Angle
~ ~A B = Stall Width
~/~ C ~ Stall Depth
D m Aisle Width
VII-7
(d) The standard length of a parking space may be
reduced by up to two and one-half feet to
compensate for the available overhang area.
& Pedestrian Clearance with wheel stop
C. Parking Lot Setback Requirements.
Setbacks shall be measured from the property line to the
nearest parking space or aisle and maintained in accordance
with the following table:
Figure VII-2
PARKING hOT 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.
Rear: Same as Class "A" Rear.
Class "C" Lots: Same as Class "B" Lots.
VII-8
D. Internal Parking Lot Design.
Parking lots shall utilize any or all of the following
features to provide well-defined safe and efficient
circulation for both vehicles and pedestrians:
t. Standard traffic control signs and devices to direct
traffic.
2. Signs, crosswalks, raised pedestrian walkways and night
lighting to provide for safe pedestrian movement.
3. Landscaped islands, raised curbs, and striping to
define parking lot entrances, ends of parking aisles
and the patterns of internal circulation.
4. Overall design coordination and adherence to all
applicable design standards.
E. Bicycle Facilities
For convenience and security, bicycle parking facilities
shall be provided for all new office, retail commercial,
institutional and recreational uses, as follows:
1. Near building entrances rather than in remote areas.
2. A location that will not impede pedestrian or
automobile traffic and will not cause damage to plant
materials.
3. Designed to allow both the bicycle frame and wheels to
be locked to a parking structure which is firmly
attached to the ground or pavement.
4. The number of required bicycle parking facilities shall
conform to the requirements of Section 10-E of this
Chapter.
F. Motorcycle Parking.
1. When provided, motorcycle parking spaces shall be
easily accessible, provide space for a standard
motorcycle, and shall be clearly identified with
appropriate striping and signing.
2. The size and number of required motorcycle spaces shall
conform to the requirements of Section iO-F of this
Chapter.
VII-9
G. Surfacing.
1. Driveways and areas used for loading, parking and
maneuvering shall have a paved surface which is
durable, and able to withstand all weather conditions.
2. A Class "C" lot may be approved for gravel, crushed
rock or similar unpaved surface through the Special Use
Permit process.
3. Any parking lot approved for a gravel or other unpaved
surface shall include a paved apron extending a minimum
of twenty feet into the lot to minimize track-out of
surface materials onto a paved public street or alley.
4. Unless modified with the approval of the City Engineer,
the following shall be the minimum standards for
parking lot surfacing:
Figure VII-3
MINIMUM SURFACING STANDARDS
ASPHALT PAVED LOT
GRAVEL LOT {W~th a~rov~d drainage
3' 1-1/4 21nus s~one,
VII-10
H. Lighting.
1. With the exception of single-family and duplex
structures on individual lots, parking areas shall be
lighted for the safety of pedestrians and vehicle
circulation on the site.
2. Lighting shall be designed to adequately illuminate the
parking area while preventing the direct illumination
of adjacent properties.
I. Si~naGe and Striping.
1. Directional signs and pavement markings shall be used
to control vehicular movement within parking areas and
to indicate the specific location of parking spaces.
2. In parking lots that are approved without a smooth
paved surface, the locations of parking spaces shall be
clearly indicated by curb markings, wheel stops,
bollards, or other means.
3. Incidental signs within parking lots shall be limited
to two (2) square feet in size.
4. No signs other than those indicating entrances, exits,
name of the lot or the establishment to which the lot
is accessory, conditions of use, or identification of
disabled parking spaces shall be erected.
5. Vertical signs between thirty-six and eighty-four
inches off the ground are required for each disabled
parking space. The signs shall have the international
symbol of Access, have colors of white on a blue
background (see RCW 70.92.120), and have the notice
"State disabled permit required".
J. Buffering and Screeninq.
1. Unless modified by the provisions of a Special Use
Permit, Variance or other approval, all off-street
parking lots shall be screened from the view of
contiguous property zoned for residential use by one of
the following methods:
(a) Five foot wide landscaped buffer
with dense evergreen hedge or ~. ~ ~
other screen plantings of a size
that will provide an immediate ~ f jj~
effective visual screen having e
minimum height of five (5) feet;
or I~ 4' .,
VII-11
five (5) feet in height, unless
modified by the City to correct
a visibility obstruction; or
(c) An earthen berm planted with grass,
shrubs, or other groundcover and
having an effective visual height ~
of at least f~ve (5) feet; or ~' %~ ~
(c) A combination of the above.
2. Screening and buffering may be interrupted where
necessary for access to and from the parking area.
K. Trees and Landscaping.
1. Trees shall be provided along any property line
abutting a residential zone at a minimum rate of one
tree per each fifty linear feet, or major portion
thereof, providing the property line does not abut an
alley and is not obstructed by a building or other
structure.
2. If not necessary for visual buffering or if other trees
are on or near the property line, trees may be
irregularly spaced or grouped rather than uniformly
spaced.
3. Street trees shall be planted within the front setback
area at a rate no less than one tree per 25 linear
feet, or major portion thereof, of street frontage and
shall be continuously maintained to ensure safe
visibility. (Also see Chapter VIII, Landscaping)
4. Whenever possible, mature healthy trees already
existing on the site shall be preserved. Credit may be
given by the Director at the time of Site Plan Review
for the preservation of a significant tree in exchange
for the loss of a parking space.
5. Parking lot setback areas shall be landscaped with
trees, shrubs, ground covers, turf grasses, or
combinations thereof. Non-living materials shall not
exceed twenty (20) percent of the landscaped area at
maturity.
VII-12
6. Seasonal conditions of plant materials
shall be considered in their application
as effective screens.
7. To avoid obstruction of a driver's sight
distance, no plant material extending
higher than three feet above the ground
or tree branches lower than eight (8)
feet above the ground shall be located
within fifteen (15) feet of any inter-
section or curb cut.
8. Parking lots shall have at least ten _~~_~
(lO) square feet of interior land-
scaping for each parking space, c~£~ ~ ara
Required peripheral trees and _~~, .... ~___!i___.__ _'
required landscaped setback areas
shall not be included in the
interior landscaping calculations.
(a) Interior landscaping shall be dispersed as equally
as possible throughout the parking lot.
- (b) Each separate landscaped area shall be a minimum
of fifty (50) square feet and shall include at
least one tree in combination with shrubs, ground
cover or other landscaping materials.
(c) All Class "A" lots, and Class "C" lots larger than
30 spaces, are exempt from internal landscaping
requirements if:
1. They have only a single aisle with parking
spaces on one or both sides;
2. They have at least a five-foot width of
landscaping across the frontage and along at
least one other property line; and
3. The lot has no internal parking islands or
peninsulas.
(d) Class "C" parking lots having 30 or fewer parking
spaces are exempt from internal landscaping
requirements. Lots larger than 30 spaces are
encouraged to place landscaping emphasis at or
near the periphery of the lot for visual effect.
(e) Class "B" parking lots are exempt from all
internal landscaping requirements.
vii-13
9. Ail new plantings shall be No. 1 grade, as described by
the American Association of Nurserymen (AAN). When
planted, plants shall be sized according to the
following table:
Figure VII-4
MINIMUM PLANT MATERIAL SIZES
TYPE SIZE
Standard deciduous trees 1-1/2 in. to 2 in. caliper
Small ornamental and 1-1/2 in to 1-3/4 in.
flowering trees caliper
Evergreen trees 5 ft. to 6 ft. in height.
Shrubs and ground cover Adequate size to be con-
sistent with design intent.
Section 5: SITE PLAN REQUIREMENTS FOR PARKING LOTS
A. A Site Plan for parking facilites related to a proposed
building may be included on the building's Site Plan. If
not, a separate Site Plan shall be submitted.
B. The Site Plan shall be drawn to scale, preferably no smaller
than 1" = 50' nor larger than 1" = 20', and shall include
the following:
1. Overall site layout that delineates individual parking
spaces and circulation areas with their dimensions.
2. Location map showing the property to be served, access
to streets, scale and north indicator.
3. Locations of proposed curb cuts, noting distances to
nearest intersections, other driveways, and other
physical features.
4. Grading, drainage and surfacing details through graphic
representations of pre-development and post-development
contour intervals of no less than two (2) feet and no
more than five (5) feet.
5. Specifications for signs, lighting, parking area
markings, bumper guards and wheel stops, as proposed or
required.
vii-14
6. All property lines and dimensions.
7. Landscaping design details, including:
(a) List of plant materials and their sizes.
(b) Description of arrangements for the ongoing care
and maintenance of landscaping.
Section 6: HANDICAPPED PARKING REQUIRR~.NTS
A. All on-site parking areas shall comply with the minimum
requirements for handicapped/disabled parking, per State of
Washington Regulations for Barrier Free Facilities (WAC
51.10).
B. Any public or private building that was built or
substantially remodeled after October 1, 1976, is required
to have handicap accessible parking spaces.
C. Handicap accessible parking spaces shall be located to
provide the least distance to the entrance of the building
to which the parking is accessory.
D. Parking spaces for the disabled shall be at least 12 feet 6
inches 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
VII-15
Section 7: SATELLITE PARKING AREAS
Off-street parking requirements may be partially or totally
satisfied with the approval of satellite parking areas through
the Special Use Permit process in those zones that allow them.
A. A Special Use Permit may be granted for a satellite parking
area in accordance with the procedures of Chapter X and if
the following requirements are adequately met:
1. Evidence shall be provided that sufficient property is
available on the satellite site for the purpose
intended.
2. Unless the proposal is voluntary and not required as a
development requirement, a binding agreement shall be
executed to the benefit of the City by the owner of the
satellite property. That agreement shall include
covenants running with the land to ensure that the
requirements of the Special Use Permit are observed and
remain effective until there is a substantial change to
the original conditions that made satellite parking
necessary. The agreement shall contain:
(a) A covenant stating that the title to and right to
use the satellite lot will be subservient to the
title to the premises upon which the primary
structure or improvement is to be erected or made;
and
(b) Warrant that lots are not and will not be made
subject to any other covenant or contract for such
or other use without the prior written approval of
the City.
3. The agreement shall be filed with the County Auditor
following approval by the City Attorney.
B. The satellite parking area shall meet all other provisions
of this Chapter, unless specifically altered by the
conditions of a Special Use Permit.
C. A limit on the time of day that the satellite parking area
may be used may be placed as a condition of its approval if
deemed necessary by the Director for the protection of
adjoining areas.
D. Satellite parking areas, depending on their location and
purpose, may be approved as a Class "A", "B", or "C" lot, in
accordance with the provisions of this chapter.
vii-16
Section 8: JOINT USE OF PARKING FACILITIES
The joint use of parking facilities may be established by Special
Use Permit under the following conditions:
A. Up to fifty percent (504) of the required parking for a
theater, auditorium, bowling alley, or dance hall may be
supplied by the off-street parking provided by certain types
of uses referred to as "daytime" uses in "D" below.
B. Up to fifty percent (504) of the required parking for uses
specified as "daytime" uses in "D" below may be supplied by
the parking facilities provided by uses referred to as
"nighttime" uses in "E" below.
C. Up to seventy percent (704) of the required parking for a
church or auditorium incidental to a public or private
school may be supplied by the off-street parking facilities
provided by uses referred to as "daytime" uses in "D" below.
D. The following uses are considered as primary "daytime" uses:
1. Bank.
2. Offices.
3. Personal service shop.
4. Wholesale businesses.
5. Uses similar to the above that normally or
traditionally operate only during daytime hours.
E. The following uses are considered as primary "nighttime" or
Sunday uses:
1. Auditorium incidental to a public or private school.
2. Civic and Commercial Theaters.
3. Bowling alley.
4. Dance hall.
5. Church.
6. Uses similar to the above that normally or
traditionally operate primarily during evening hours or
on Sunday.
F. The following conditions shall be met as a requisite for
joint use of parking facilities:
1. The principal building or use shall be located within a
radius of eight hundred (800) feet of the joint parking
facilities.
2. The principal building or use shall not be separated
from its parking by an arterial street unless they are
within one block of a signalized intersection.
VII-17
3. The applicant shall demonstrate that there will be no
substantial conflict between the operating hours of the
two uses for which joint use of parking facilities is
proposed.
4. A properly drawn legal instrument, approved by the City
Attorney and executed by affected parties to clearly
set forth the terms of the parking agreement, shall be
recorded with the County Auditor.
5. The right to occupy the primary premises shall
terminate if the joint use parking facilities that are
necessary and were approved cease to be available.
Section 9: FREIGHT LOADING ZONES
A. Requirements.
1. One off-street loading space shall be provided for new
non-residential construction or additions having a
floor area greater than one thousand (1,000) square
feet but not greater than twenty thousand (20,000)
square feet.
2. One additional off-street loading space shall be
provided for each additional twenty thousand (20,000)
square feet, or fraction thereof, of non-residential
floor area in excess of the first twenty thousand
square feet.
3. Office buildings having a gross floor area of less than
ten thousand (10,000) square feet do not require an
off-street loading space.
B. Loadinq Zone Development Standards.
1. An off-street loading zone shall be at least ten (10)
feet in width and have a total area of not less than
two hundred fifty (250) square feet.
2. A required loading zone may occupy all or part of any
rear yard but shall not be closer than twenty (20) feet
from any property within a residential zoning district.
3. A loading zone shall be screened from the view of any
property within a residential zone abutting the subject
property using the techniques outlined in Section 4-J.
vii-18
4. With the exception of gates and security fencing,
loading spaces shall be accessible at all times from a
street, alley or driveway and shall not be obstructed
by other loading spaces, trash receptacles, outdoor
storage, or other obstacles.
5. Loading functions shall not interfere with any
emergency access, fire exit, or required vehicle
parking spaces, and shall not occupy any part of a
public right-of-way.
6. The loading function may be accommodated in combination
with required customer/employee parking only if the
applicant can demonstrate that deliveries are only made
during nighttime or other hours when customers are not
present and the spaces are not in use.
Section 10: REQUIRED OFF-STREET PARKING SPACES
A. Residential Requirements.
1. The minimum off-street parking requirements for
residential uses are shown in Figure VII-6, including
the modified requirements applicable to the West
Bremerton Parking Area and CBD Parking Area.
2. Boarding and Rooming Houses:
(a) The Planning Commission may authorize a reduction
in the number of required parking spaces if there
is a clear indication that the requirements of
this Chapter are excessive, due to such factors as
the residents' ability to drive, age, or mental or
physical abilities or disabilities.
(b) An agreement for such approval shall be filed with
the County Auditor following approval by the City
Attorney and shall continue no longer then the
particular situation exists.
3. Group Home:
(a) No parking spaces beyond those normally required
for a single-family dwelling shall be required for
a group home, provided the structure is not
enlarged beyond a size that is typical of the
neighborhood.
vii-19
(b) If a structure is enlarged beyond four bedrooms
for the puposes of a group home, one additional
parking spsce shall be required for each bedroom
beyond the first four.
(c) One additional space shall be provided for each
three hundred (300) square feet of gross floor
area that is used for counseling services, if such
services are provided to non-residents.
(d) The Planning Commission may authorize a reduction
in parking requirements per Section 10, A, 2(a)
above.
4. Mobile Home Park Requirements.
Each mobile (manufactured) home park in which spaces
are leased and not individually owned shall provide, at
a minimum, the following off-street parking spaces:
(a) One (1) parking space per home site.
(b) One parking space for each five home sites to be
located in a fenced and screened security area as
a vehicle, boat, or recreational vehicle storage
area (gravel surface may be approved).
(c) One parking space for each five home sites for
guest parking.
(d) Such additional parking spaces as necessary to
provide for the parking needs of offices,
community buildings, recreational facilities, or
other uses within the park that may be used by
park residents or others.
B. Non-residential Requirements.
Off-street parking requirements for wholesale, retail,
service, financial, offices, transient lodging,
entertainment and other commercial and industrial uses are
contained in Fig. VII-7.
C. Central Business District Parking Area.
1. The CBD Parking Area, as shown in Figure VII-5, is
exempt from the off-street parking and loading space
requirements of the Zoning Ordinance. However, parking
facilities that are provided voluntarily shall conform
to the minimum design standards of this Chapter for
Class "B" lots.
vii-20
D. Unlisted Uses.
1. For uses not specifically listed herein, the off-street
parking requirements shall be determined by comparision
to those of similar listed uses.
2. In no case shall an unlisted use be determined to need
fewer than one parking space per 500 square feet of
gross floor area.
3. The parking requirements for a specific building or
project that have been modified through the granting of
a Special Use Permit, Variance or Planned Unit
Development shall be clearly specified when such
approval is given and when permits are issued.
E. Bicycle Parking Standards.
1. The minimum required number of bicycle parking spaces
shall be ten percent (10~) of the required automobile
parking spaces, with the following exceptions:
(a) Residential projects of six (6) dwelling units or
less shall not require bicycle parking.
(b) The minimum number of required bicycle spaces for
schools of all types shall be calculated at the
rate of one space per twenty students, based on
the facility's designed capacity.
(c) Video game and similar amusement centers commonly
frequented by children and/or teenagers shall
provide bicycle facilities equal to one-third the
required number of automobile parking spaces.
(d) Businesses which provide automobile repair, gas
and similar services and other uses which would
not normally have a bicycle-riding clientele, are
not required to provide bicycle parking
facilities.
F. Motorcycle Parkinq Standards.
1. All multiple-family developments larger than six (6)
dwelling units and all non-residential uses shall
provide one motorcycle space for every twenty-five (25)
required automobile spaces, with a minimum of one
space.
vii-21
2. The normal automobile parking requirements may be
reduced by one space for every three motorcycle spaces
provided, up to a maximum reduction of five percent
(5%) of the total required automobile spaces.
3. A motorcycle parking space shall be no smaller than
four (4) feet in width and eight (8) feet in depth.
4. Motorcycle parking spaces shall be located according to
the same siting criteria and standards that are
applicable to other types of vehicle parking.
G. Drive-through Stacking Requirements.
For any drive-in or drive-through service bay, there shall
be provided "stacking spaces", as follows:
1. Designed to accommodate vehicles awaiting service and
prevent them from extending into a public right-of-way.
2. A minimum of four (4) stacking spaces shall be provided
for each service bay on the entrance side and one (1)
space on the exit side.
3. Service bays shall not be designed to be entered from
both sides.
4. Circulation and stacking areas shall not be counted
toward the required off-street parking spaces.
5. Stacking requirements shall not apply to auto service
facilities such as gas stations, service stations, and
auto repair garages, unless found to be necessary and
required as a condition of a SUP or other approval.
Section 11: VIOLATIONS, PENALTIES, AND APPEALS
A. Any violation of the requirements of this Chapter shall be
considered violations of the Zoning Ordinance and subject to
the penalties and other provisions of Chapter XI
(ENFORCEMENT) of the Zoning Ordinance.
B. An appeal of a decision involving these parking and loading
requirements may be made in accordance with the provisions
of Section 9 of Chapter X (ADMINISTRATION) of the Zoning
Ordinance.
VII-22
Figure VII-5
SPECIAL PARKING DISTRICTS
~WEST BREMERTON PARKING AREA: Reduced parking provisions
for multiple-family residential developments.
I CENTRAL BUSINESS DISTRICT PARKING AREA: Generally
east of Warren Avenue and south of Sixth Street.
Off-street parking uot required in this Area, with the
exception of Waterfront Urban Renewal Area.
VII-23
Figure VII-6
OFF-STREET PARKING REQUIREMENTS
FOR RESIDENTIAL USES
REQUIRED OFF-STREET PAR/CING
SPACES PER DWELLING UNIT
TYPE OF WEST BREMERTON ALL OTHER AREAS
RESIDENTIAL NUMBER OF PARK/NG A~EA OF BREMERTON
STRUCTURE BEDROOMS* & C~D AREA
Single-family N/A 2.00 2.00
Residence
Duplex N/A 2.00 2.00
Multi-family 0 1.00 1.50
" 1 1.00 1.50
" 2 1.25 1.75
" 3+ 1.50 2.00
Boarding and
N/A 1.00 1.00
Rooming Houses
* 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 calcu-
as a bedroom when determining the required off-street
parking spaces.
** For purposes of off-street parking requirements, each
ro0~ or group of roans within a boaraing or rooming house
that is rented or otherwise ~ccupied by a single person
~r household shall be considered a "dwelling unit".
VII-24
Figure VII-~
OFF-STREET PARKING REQUIREMENTS
FOR NON-RESIDENTIAL USES
of 3
LAND USE MIN. PARKING REQUIREMENTS
Hotel i space ~er 2 guest rooms, plus
1 space per 200 sq.ft, of gross floor area
devoted to other comon uses.
Motel 1 space per guest room, plus
1 space per 200 sq.ft, of gross floor area
devoted to other co~non uses, plus
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 I space per each 10 sites to be lo=ated in a
security area as a vehicle storage area, plus
i space, per five trailer sites for guest parking,
and addltional spaces, as needed, for office
or ¢o,,~,~nity buildings.
Automobile Service 1 space ~er 200 sq.ft, of gross floor area, plus
i space per service bay (bay itself is not a space),
A minimum of 5 spaces shall be provided.
Barber Shop 1 space per 75 sq.ft, of gross floor area.
Beauty Salon
Bank i space per 350 s~.ft, of gross floor area.
Bowling Alley 5 spa=es per lane.
Medical/Dental Clinic 1 space per 150 sq. ft. of gross floor area.
or Office
Clubs, lodges One space per 4 fixed seats and one space per
50 sq.ft, of gross floor area of assembly
areas without fixed seating.
Convenience Market 1 space per 200 sq.ft, of gross floor area.
A mlnimum of 6 spaces shall be provided
Dance Hall 1 space per 100 sq. ft. of gross floor area.
Food store (retail) i space per 200 sq.ft, of gross floor area.
Markets & Supermarkets A minimum of 6 spaces shall be provided.
Garden Nursery 1 space per 400 sq. ft. of gross floor area (retail).
I space per 500 s~.ft, of building and outside
display area (wholesale).
Health Club, Figure Salon, 10 spaces per 1,000 s~.ft, of gross floor area.
Physical Fitness Center
Hospitals & Medical Centers 1.8 spaces per bed. Number of beds to be determined
(portion with beds only) by license of the State of Washington.
(Hospital basinets are not considered beds)
VII-25
Fig. VII-5 Cont'd.
2 of 3
LAND USE MIN. PARKING REQUIREMENTS
Industrial Establishments 1 space per 600 sq. ft. of gross floor area.
Incl. research, develop-
ment and testing.
Laundry, self-service 1 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 ..... 1 space per 20 moorage slips.
Permanent Moorage ..... 1 space per moorage slip.
Mortuaries, funeral homes 1 space per 75 sq.ft, of assembly area.
Nursery School and i space per 5 children {based on max. occupancy
Day Care Center load as licensed by the State of Wash.) plus
2 loading/unloading spaces without backing up,
except that "Family Day Care Hc~es" are
exempt from the no backing up requirement.
Nursing home, Health 1 space per 600 sq.ft, of gross floor area.
Institution,
Convalescent Home
Office, Business, 1 space per 300 sq.ft, of gross floor area.
General non-professional
Parks, Playgrounds To be determined by Dir. of Community Development.
(Public & Private)
Places of Assembly (arenas, 1 space per 4 permanently affixed seats (20 inches
churches, auditoriums, of bench or pew seating shall be considered as
stadium, sports arena) one seat), plus
1 space per 50 sq.ft, of assembly area without seats.
Personal Service Shop 1 space per 250 sq.ft, of gross floor area.
(Tanning salon, shoe A mlnimum of 2 spaces shall be provided.
repair, dry cleaner, etc.)
Pool Hall 1 space per 100 sq.ft, of gross floor area.
Professional Office (other 1 space per 300 sq.ft, of gross floor area.
than already listed)
Racquet/Handball Court 2 spaces per court.
School (business, secre- 6 spaces per classroo~, and/or
tarial, industrial, 1 space per each additional 200 sq.ft, of gross
technical or trade) floor area in any administrative office and/or
teaching lab or shop.
School (college or 2 spaces per 1,000 sq.ft, of gross floor area used
university) for academic purposes, plus
1 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 jr. high) 1 space for each 200 sq.ft, of gross floor area of
administrative office space.
VII-26
Fig. VII-5 Cont'd.
3 of 3
LAND USE MIN. PARKING REQUIREMENTS
School (Senior high) 1 space for each 10 students for which the building
was designed, plus
1 space per classroom, plus
1 space per 200 sq.ft, of gross floor area in
any administrative office.
Restaurant, Cocktail 1 spa0e per 150 sq.ft, of gross floor area if
Lounge, Tavern mmualler than 4~000 sq.ft.
20 spaces, plus 1 space per 100 sq.ft, of gross
floor area in excess of 4,000 if 4,000 sq.ft.
or larger.
Restaurant (Fast food, 1 space per 50 sq.ft, of gross floor area.
drive-through) A minimum of 5 spaces shall be provided.
Retail Stores, Small 1 space per 300 sq.ft, of gross floor area.
(Under 15,000 sq. ft.)
Retail Stores, Large I 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.ft, of gross floor area.
service of machinery.
· Plumbing, heating, elec., 1 space per 600 sq. ft. of gross floor area.
and building supplies.
Swimming facility 1 space per 75 sq.ft, of gross surface water area,
plus 5 spaces.
Theater 1 space per 4 fixed seats.
Video game arcade 15 spaces per 1,000 sq.ft, of gross floor area.
Wholesale establishment, 1 space per 2,000 sq.ft. (3 spaces min.) for
Warehouse, Trucking buildings up to 20,000 sq.ft, in size.
Freight Terminal 1 space per 2,500 sq. ft. (10 spaces min.) for
buildings of 20,001 to 100,000 sq.ft, in size.
1 space per 3,000 sq.ft. (40 Spaces min.) for
buildings larger than 100,000 sq.ft.
Uncovered Storage Area 1 space per 2,000 sq.ft, of area, plus
1 space per anticipated company vehicle to be
parked on the site at night on a regular
basis, and
1 space per 300 sq. ft. of office space.
VII-27
Chapter VIII
LANDSCAPING PROVISIONS
CONTENTS
PAGE
Section 1: INTENT
Section 2: APPLICABILITY ..................................... 1
Section 3: LANDSCAPING STANDARDS ........................... 3
A. Existing Plant Materials .................................... 3
B. Plant Type and Size
C. Performance Provisions ...................................... 4
1. Non-living groundcover
2. Perimeter landscaping
3. Street Trees
4. Screening
5. Interruptions
6. Fire Hydrant Clearance
7. Visi~ Clearance
8. Time to Maturity
9. Completion
Section 4: OUTDOOR STORAGE
A. Storage Yards & Dumpsters 5
B. Open Storage ................................................ 5
Section 5: LANDSCAPE PLAN
A. Landscape Plan Required ..................................... 5
B. Contents of Landscape Plan .................................. 5
C. Alternative Landscaping Plan ................................ 6
Section 6: CLEAR VISION AP~EA ............................... 6
Section 7: OPEN SPACE
A. Required Minimum ............................................ 7
B. Active and Passive Areas ................. ~ .................. 7
C. Areas Not Counted as Open Space ............................. 7
D. Location of Open Space ...................................... 7
E. Natural Site Amenities ...................................... 7
F. Site Plan Review and Approval ............................... 8
G. Phased Development .......................................... 8
H. Perpetual Maintenance ....................................... 8
Section 8: PERFORMANCE ASSURANCE DEVICE .................. 8
i
Section 1: INTENT
The intent of this section is to establish landscaping provisions
to achieve the following:
A. To provide a visual and physical separation between land
uses to safeguard privacy and property values;
B. To visually unify a neighborhood;
c. To enhance the appearance of the City;
D. To reduce erosion and stormwater runoff, and to maintain or
replace existing vegetation; and
E. To promote public safety and general welfare.
Section 2: APPLICABILITY
The provisions of this chapter shall apply to the following new
construction and expansion of existing structures and/or uses:
A. Residential structures of three or more dwelling units and
all non-residential uses/structures:
1. When any non-residential development is proposed on a
site that abuts any residential zone, or when a multi-
family residential development is proposed on a site
that abuts any single-family (SF) or duplex (DR) zoning
district, landscaping and screening shall be included
along the residential side(s) by one of the following
methods to minimize potential use conflicts:
(a) Landscaping forming a year-round sight
barrier in an area at least ten (10) feet
wide and a minimum of five (5) feet in
height; or,
(b) A fence and/or berm no less than five (5)
feet high plus shrubs and trees a minimum of
five (5) feet in height in an area at least
five (5) feet wide.
2. 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.
viii-1
3. 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.
Figure VIII-1
INTERSECTION VISIBILITY
(Refer to Section 6 for description)
The space between three (3)
and eight (8) feet above
grade must ~emain open.
Sight Distance Triangle
VIII-2
B. In addition, the screening and landscaping requirements for
off-street parking facilities contained in Chapter VII
(Parking Provisions) of this Ordinance shall apply.
C. Free-standing Signs: An area around the base of each free-
standing sign equal to the sign area must be landscaped to
improve the overall appearance of the sign and to reduce the
risk of automobiles hitting the sign or supports of the
sign. This landscaping must include vegetation and may
include other materials and components such as brick or
concrete bases, planter boxes, Dole covers, or decorative
£raming.
D. There are no landscaping provisions for residential
developments consisting of one- or two-unit structures other
than may be required through Planned Unit Development or
other review processes, except that all undeveloped areas of
the property or building site shall be landscaped and
continually maintained, or be maintained in their natural
undisturbed state.
Section 3: LANDSCAPING STANDARDS
A. Existing Plant Materials
1. Existing healthy trees located within required
perimeter and/or other landscape areas and which will
not constitute a safety hazard shall be preserved, as
follows:
(a) Evergreen Trees: Eight inches (8") in diameter or
greater, measured four feet (4') above existing
grade; and
(b) Deciduous Trees: Twelve inches (12") in diameter
or greater, measured four (4') above existing
grade.
2. Tree protection techniques approved by the Director of
Community Development shall be used during land
alteration and construction.
B. Plant Type and Size:
1. Ail new planting material shall be Number One Grade as
described by the American Association of Nurserymen
(AAN).
2. Plants shall be sized according to the following table:
viii-3
PLANT TYPE MINIM731H SIZE
Standard deciduous trees 1-1/2 in. to 2 in. caliper
Small ornamental and 1-1/2 in. to 1-3/4 in.
flowering trees caliper
Evergreen Trees 5 ft. to 6 ft. in height
Shrubs and groundcover Adequate size to be
consistent with design
intent
C. Performance Provisions
1. Non-livinq qroundcover shall not exceed fifty percent
(504) of required landscaping.
2. Perimeter landscaping shall consist of no more than
fifty percent (504) deciduous species.
3. Street Trees: One tree for every twenty-five (25)
linear feet of street frontage shall be planted along a
street, and shall be spaced a maximum distance of
thirty-five (35) feet on center; however, trees may be
spaced irregularly in natural groupings rather than
uniformly spaced except as noted elsewhere in this
Ordinance.
4. Screening: Screening standards may be met in a number
of different ways: a solid masonry wall, wooden fence,
earthen berm, constructed planter, dense evergreen
hedge, shrub groupings, or a mix thereof. The winter
seasonal condition of plant material shall be
considered when used in screening.
5. Interruptions: Screening and buffering may be
interrupted where necessary for access consistent with
the general provisions of the Zoning Ordinance.
6. Fire Hydrant Clearance: To provide the City Fire
Department with adequate access, all fire hydrants are
to be free of fences, hedges, and other landscaping
obstacles. Shrubs eighteen (18) inches in height or
lower must not be planted closer than five (5) feet to
any hydrant, and shrubs or trees larger than eighteen
(18) inches must not be planted within twenty (20) feet
of any hydrant.
7. Vision Clearance: No landscaping shall be allowed to
impair vision at any intersection, as described in
Section 6. The City Engineer may require additional
sight distances as necessary for public safety.
viii-4
8. Time to Maturity: Landscaping intended for buffering
or screening purposes shall provide the intended
screening within three (3) years after planting.
9. Completion: All landscaping shall be completed prior
to the issuance of a Certificate of Occupancy, except
as provided in Section 8 of this Chapter.
Section 4: OUTDOOR STORAGE
A. Storage Yards & Dumpsters: Storage yards and garbage
dumpsters shall be surrounded by six foot high solid walls
or sight obscuring fences. The walls or fences shall be
considered structures and shall conform to applicable
setback requirements.
B. Open Storage: Outdoor storage of materials shall not exceed
six feet in height when visible from a public right-of-way.
Section 5: LANDSCAPE PLAN
A. Landscape Plan Required: For any development that requires
landscaping, a landscape plan shall accompany the building
plans or other application requiring review and approval by
the Director prior to the issuance of a building permit,
except as otherwise noted in this Ordinance.
B. Contents of Landscape Plan: A landscape plan shall be
drawn to scale and shall include:
1. Existing property lines, trees, fences, and other
screening and structures;
2. Proposed plantings, identified by common name, and
caliper, size, and minimum height of specimens to be
planted;
3. Fences, water features, and other physical elements;
4. Maintenance provisions:
(a) All trees, shrubs, and other landscaping shall be
maintained in a healthy growing condition. Dead
or dying vegetation shall be replaced during the
first possible spring or fall planting season.
The planting area shall be maintained reasonably
free of weeds and trash.
viii-5
(b) Violation of these provisions shall be considered
a violation of the Zoning Ordinance. All plant
material shall be maintained as designed and
approved.
C. Alternative Landscaping Plan: The requirements of this
Chapter may be modified to encourage better landscaping
design as follows:
1. A request for approval of alternative landscaping shall
be accompanied by a Landscape Plan as required above,
and submitted to the Director.
2. The Director must make the following findings in order
to approve the alternative landscaping plan:
(a) The alternative landscaping will be equal to or
better than that required by this Chapter; and
(b) The alternative landscaping will accomplish the
intent of this Chapter.
Section 6: CLEAR VISION AREA
A. Clear vision areas shall be maintained at the intersections
of streets, alleys and commercial driveways, or combinations
thereof.
B. The clear vision area 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-1.
C. 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.
D. The foregoing provision shall not apply to:
1. Public utility poles, sign supports and signals.
2. Other signs that are lower than three (3) feet or
higher than eight (8) feet and with only minimal
supporting structures within the clear vision area.
(Also see Sign Provisions of Chapter IV.)
viii-6
3. A tree trimmed to the trunk within the 3 to 8 ft. clear
vision area.
4. Other plant species that are so planted and trimmed as
to leave a clear and unobstructed cross-view in all
seasons.
5. A supporting member or appurtenance to a permanent
building lawfully existing on the site.
Section 7: OPEN SPACE
The following Open Space requirements shall apply to any
development having a total gross area greater than one acre:
A. Required Minimum: There shall be a minimum of fifteen
percent (154) of the total gross area of the development
dedicated or otherwise provided as common open space,
accessible to all owners or tenants of the development.
B. Active and Passive Areas: The open space areas shall be
provided for active as well as passive recreational
activities, and for the preservation of existing natural
site amenities whenever possible.
C. Areas Not Counted as Open Space: Designated open space
areas shall not include:
1. Streets, alleys and other rights-of-way.
2. Vehicular driveways, parking, loading and storage
areas.
3. Required buffering and landscaping for parking areas.
4. Required yard setback areas.
D. Location of Open Space: The open space and supporting
facilities intended for recreational use shall be designed
and located to not adversely impact surrounding land uses,
especially existing residential uses.
E. Natural Site Amenities: Natural site amenities shall be
preserved to the greatest extent practical when planning for
open space, siting of buildings and other structures,
routing underground services, and determining finished grade
levels and areas to be paved. Natural site amenities might
include rock outcroppings, ravines, groves of trees, ponds
or streams.
viii-7
F. Site Plan Review and Approval: Proposed open space areas
and their intended uses shall be clearly designated on the
Site Plan. The City will base its approval of the proposed
active or recreational open space on the dimensions,
useability, location, slope, and physical improvements. Up
to one-third of the property intended to satisfy the open
space requirement can be unsuitable for recreational
purposes if consisting of natural site amenities.
G. Phased Development: When a project is constructed in
phases, common open space shall not be less than fifteen
percent (15~) of the total area developed in each phase, and
must be completed in accordance with approved specifications
at the time of completion of each phase.
H. Perpetual Maintenance: Provisions shall be made for the
perpetual maintenance of all common open space areas.
Section 8: PERFORMANCE ASSURANCE DEVICE
Landscaping may not be completely in place at the time a
Certificate of Occupancy (CO) is sought from the City.
A. If it is determined that any required landscaping has not
been completed, the Planning Division may require the
applicant to provide a performance assurance device prior to
issuance of the CO. The purpose of this requirement is to
ensure that any landscape plan that is required by the
provisions of this Chapter is carried out.
B. A bond shall be in the amount of one hundred twenty-five
percent (125~) of the estimated cost required to complete
the approved landscaping according to the Plan, to guarantee
not only its installation, but also the replacement of any
plants that die within two years of the posting of the bond.
C. If a performance assurance device is provided, the
landscaping shall be installed within six (6) months of the
date of issuance of a CO.
D. If the approved landscape plan is not carried out by the
applicant, the City shall use the performance assurance
device to complete the landscaping.
E. A performance assurance device will be released two (2)
years after it is posted if the landscaping vegetation is in
a healthy growing condition.
viii-8
Chapter IX
NONCONFORMITIES
CONTENTS
PAGE
Section 1: PURPOSE .................................· .... ... .. 1
Section 2: NONCONFORMING LOTS
A. Definition of Nonconforming Lot ............................. 1
B. Continuation and Development ................................ 1
C. Annexation .................................................. 2
D. Illegal Lot Reduction or Split .............................. 2
Section 3: NONCONFORMING USES
A. Definition of Nonconforming Use ............................. 2
B. Continuation ................................................ 3
C. Annexation .................................................. 3
D. Change in Use Intensity ..................................... 3
E. Change to a Nonconforming Use ............................... 3
F. Expansion of a Nonconforming Use ............................ 3
G. Discontinuation of a Nonconforming Use ...................... 4
N. B~pair and Maintenance ...................................... 4
I. Distruction of a Nonconforming Use .......................... 4
J. Unlawful Uses ............................................... 5
Section 4: NONCONFORMING STRUCTURES
A. Definition of Nonconforming Structure ....................... 5
B. Continuation ................................................ 6
C. Annexation .................................................. 6
D. Change of Ownership, Tenancy or Management .................. 6
E. Expansion of a Nonconforming Structure ...................... 6
F. Repair and Maintenance ...................................... 6
G. Destruction of a Nonconforming Structure .................... 7
H. Unlawful Structure .......................................... 8
Section 5: CONSTRUCTION IN PROGRESS ....................... 8
Section 6: NONCONFORMING SIGNS .............................. 8
Section 7: AMORTIZATION
A. Purpose ........................................... -- -- ---- -- 8
B. Initiation of Amortization .................................. 9
C. Term of the Amortization Period ............................. 9
D. Notices of Amortization and Termination ..................... 9
E. Request for Administrative Continuance ...................... 10
F. Appeal of Determination ..................... ............... · 11
i
Section 1: PUKPOSE
The purpose of this Chapter is to provide for the continuation,
alteration, conversion, or termination of certain nonconforming
uses, structures, and lots which deviate from the regulations of
the Zoning Ordinance.
Section 2: NONCONFORMING LOTS
A. Definition of Nonconforminq Lot
1. A lot which does not meet all the lot requirements of
the zoning district in which it is located, but which
was lawfully created prior to the effective date of
this Ordinance.
2. A party asserting the existence of a lawful
nonconforming lot has the burden of establishing that
the lot was not substandard according to the
requirements in effect at the time of its creation.
B. Continuation and Development
1. 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 or Special Exception, all lot development
requirements of that zone.
2. Any existing structure may be enlarged or repaired on a
nonconforming lot, except as described in Section 2-B-4
below, if the enlargement, alteration, or repair
complies with all development standards for the zoning
district in which it is located, other than the
requirements for lot size, width, or depth.
3. A lawful nonconforming use of land not involving a
structure may be continued on a nonconforming lot,
unless it is scheduled for amortization in accordance
with Section 7 of this Chapter.
IX-1
4. A structure on a nonconforming lot which is damaged to
an extent greater than seventy-five percent (754) of
its replacement cost, exclusive of foundations, shall
not be reconstructed unless it is made to conform to
all development requirements of that zoning district,
other than lot size, width and depth. The Director of
Community Development shall determine the extent of
damage.
C. Annexation
Upon annexation of real property by the City, lots that were
legally in existence prior to annexation shall become legal
nonconforming lots if they do not conform to the lot
requirements of the zoning district in which they are
located following the annexation.
D. Illeqal 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.
Section 3: NONCONFORMING USES
A. Definition of Nonconforminq Use
1. Any activity or condition which was legally established
prior to the effective date of this Ordinance, or
subsequent amendments, and which would not be permitted
outright or as an accessory use under this Ordinance
and is not specifically listed as being permitted by
Special Use Permit, Planned Unit Development, or other
special permitting process, is a legal nonconforming
use. A nonconforming use may or may not involve
buildings or structures and may involve part or all of
a building or property.
2. A party asserting the existence of a lawful
nonconforming use has the burden of establishing that,
as of the effective date of this Zoning Ordinance, or
subsequent amendments, the use was either consistent
with the zoning provisions or was a pre-existing legal
nonconforming use.
IX-2
B. Continuation
Should any zoning district or district requirement be
amended by the City, any previously existing nonconforming
use and any use that becomes nonconforming as a result of
that change, may be continued unless otherwise provided
under this Section, or unless caused to be discontinued by
exercise of the lawful authority of the City.
C. Annexation
Upon annexation of real property by the City, land uses that
were legally in existence prior to annexation, but that do
not conform to the zoning district requirements following
annexation, shall become legal nonconforming uses.
D. Change in Use Intensity
1. A land use of equal or greater intensity or impact may
not be substituted for a nonconforming use unless the
new use conforms to the current zoning.
2. Another nonconforming use may be allowed to replace a
nonconforming use by Special Use Permit, but only when
the new use is clearly a reduction in the nonconformity
or intensity, or when the new use is found to be
uniquely suited to existing buildings, structures, or
other site improvements which themselves may be legal
nonconformities.
E. Change to a Nonconforming Use
1. A change in ownership, tenancy, or management of any
nonconforming use shall not affect its legal,
nonconforming status.
2. Any nonconforming use that has been changed to or
replaced by a conforming use shall not be re-
established as a nonconformity.
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.
IX-3
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 development
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.
G. Discontinuation of a Nonconforming Use
1. The discontinuation of a nonconforming use is defined
as its cessation or termination. The replacement of a
nonconforming use by another use shall be considered a
discontinuation.
2. The discontinuation of a nonconforming use for a period
of one year or longer, or a change of the nonconforming
use to a conforming use, shall constitute termination
of the nonconforming status. Any further use of the
subject property or structure shall conform to the
provisions of the Zoning Ordinance.
H. Repair and Maintenance
Repair and maintenance work on a structure containing a
nonconforming use may be carried out for the improvement and
restoration of safe and sanitary conditions therein, but
such repair and maintenance shall not:
1. Increase the cubical content of that portion of the
structure in which a nonconformity is located, except
as provided in Section 2-F-2 above;
2. Constitute structural alterations allowing for an
expansion of the nonconforming use, except as provided
in Section 2-F-2;
3. Increase the number of dwelling units; nor
4. Restore a structure from substantial destruction, as
defined in this section, for the purpose of resuming a
nonconforming use that is no longer lawful.
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
IX-4
discontinuation of the use, subject to the provisions of
Section 3-G of this Chapter.
J. Unlawful Uses
1. Nothing in this Chapter shall be interpreted as
authorization for or approval of the continuation of
the use of a structure that is in violation of any
ordinance in effect at the time of the passage of this
Chapter.
2. The intermittent, temporary, or illegal use of land or
structures shall not be sufficient to establish the
existence of a nonconforming use.
Section 4: NONCONFORMING STRUCTURES
A. Definition of Nonconformin~ Structure
1. A nonconforming structure is one which was legally
constructed prior to the effective date of this
Ordinance, or its subsequent amendments, but which does
not comply with the required setbacks, height, lot
coverage, or other development requirements of the
zoning district in which it is now located.
2. 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.
3. A party exerting the existence of a lawful
nonconforming structure has the burden of establishing
that, as of the effective date of this Ordinance, the
structure was either:
a. Consistent with the requirements of the amended
zoning provisions as they applied to the property;
b. A prior legal nonconforming structure under those
provisions; or
c. Built pursuant to the granting of a variance by
the City.
IX-5
B. Continuation
A nonconforming structure may be continued unless caused to
be discontinued by exercise of the lawful authority of the
City.
C. Annexation
Upon annexation of real property by the City, structures
that were legally in existence prior to annexation, but that
do not conform to the zoning district requirements following
annexation, shall become legal nonconforming structures.
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
A nonconforming structure may be enlarged, extended or
structurally altered without a variance, provided that:
1. Any enlargement or alteration complies with the
setback, height, lot coverage, and other development
requirements of the zoning district in which the
structure is located.
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.
F. Repair and Maintenance
1. Repair and maintenance work on a nonconforming
structure may be carried out for the improvement and
restoration of safe and sanitary conditions, but shall
not:
(a) Increase the number of dwelling units within the
structure unless all nonconformities are
eliminated;
(b) Restore a structure from substantial destruction,
as defined in this section, for the purpose of
resuming a nonconforming status; nor
IX-6
(c) 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.
2. Structural alterations may be required by the City,
pursuant to the provisions of BMC 17.20, where such
alterations are immediately necessary to protect the
health and safety of the public or occupants of the
nonconforming structure or adjacent properties.
G. Destruction of a Nonconforming Structure
1. Partial Destruction:
(a) When a nonconforming structure is damaged, but the
extent of damage is less than seventy-five percent
(754) of the replacement cost of the structure,
exclusive of foundations, the nonconforming
structure status may be suspended for up to one
year from the date of damage to permit the needed
repair and reconstruction.
(b) A 30-day extension may be granted by the Director,
based on unusual circumstances. The validity of
those circumstances and the extent of damage to
the structure shall be determined by the Director.
2. Substantial Destruction:
When a nonconforming structure is damaged to an extent
exceeding seventy-five percent (754) of the replacement
cost of the entire building, exclusive of foundations,
it shall not be repaired or reconstructed unless it is
done so to conform to the development requirements of
the zoning district in which the property is located,
with the following exception:
(a) A single-family dwelling located anywhere in the
City, or a duplex located within any residential
zone, shall be permitted to repair or reconstruct
following substantial destruction, provided such
structure was a legal nonconforming structure and
use, and provided that the new replacement
construction is in conformance with all site
development requirements of the zoning district in
which the property is located with the exception
of lot size, width or depth.
The extent of damage shall be determined by the
Director of Community Development.
IX-7
Unlawful Structure
Nothing in this Chapter shall be interpreted to be
authorization for, or approval of, the continuation of the
use of a structure that is in violation of any ordinance in
effect at the time of the passage of this Chapter.
Section 5: CONSTKUCTION IN PROGRESS
To avoid undue hardship, nothing in this Chapter shall be
deemed to require a change in the plans, construction, or
designated use of any structure for which a complete
building permit application was filed with the City prior to
the effective date of the Chapter which rendered the
structure or its use nonconforming.
Section 6: NONCONFORMING SIGNS
Refer to the "Sign Provisions" of Chapter IV for regulations
pertaining to nonconforming signs.
Section 7: AMORTIZATION
A. Purpose
1. 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.
2. 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.
3. It is declared that the policy of requiring the
termination of certain nonconforming uses through
amortization, subject to those exceptions set forth, is
in the public interest and intended to promote the
general health, safety and welfare.
IX-8
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 and 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.
IX-9
(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.
IX-10
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.
(c) 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 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.
Amended:
Ordinance #4325
Effective June 1991
Ix-ll
Chapter X
ADMINISTRATION
C'ONTENTS
Section 1: VARIANCES PAGE
A. Introduction ................................................ 1
B. Limitations to Variances .................................... 1
C. Criteria for Approval of a Variance .......... · · -- · ... ....... 1
D. Procedures for Variance ..................................... 2
E. Lapse of Approval ........................................... 2
Section 2: ADMINISTRATIVE VARIANCES
A. Introduction ................................................ 2
B. Limitations to Administrative Variances ..................... 2
C. Criteria for Approval of Administrative Variance ............ 3
D. Lapse of Approval ........................................... 3
E. Procedures for Administrative Variance ...................... 3
Section 3: SPECIAL USE PERMITS
A. Introduction ................................................ 4
B. Criteria for Special Use Permits ............................ 4
C. Lapse of Approval ........................................... 4
D. Procedures for Special Use Permits .......................... 5
Section 4: ADMINISTRATIVE SPECIAL USE PERMITS
A. Introduction ................................................ 5
B. Criteria for Administrative Special Use Permits ............. 5
C. Lapse of Approval ........................................... 6
D. Procedures for Administrative Special Use Permit ............ 6
Section 5: REZONES
A. Introduction ................................................ 7
B. Criteria for Approval of Rezones ....... 7
C. Considerations for Rezone Approval ............. -- -- --- -- .. .. 8
D. Procedures for Rezones ...................................... 8
1. Who May Apply ....................... -- ----,----.......... 8
2. Burden of Proof ......................................... 8
3. Decision on Application .............. · --...------....... 9
4. Conditions and Restrictions ............................. 9
5. Zoning Map Change ....................................... 9
6. Recording of Decision ................................... 9
7. Revocation of Rezone .................................... 9
i
Section 6: SITE PIi~NREVIEW PAGE
A. Introduction ................................................ 9
B. Criteria for Site Plan Review ............................... 9
C. Procedures for Site Plan Review ............................. 10
1 Applicability .... 10
2. Site Plan Requirements ................................. 11
3. Decision on Application ........................... ... . . 13
4. Applicant Response to Decision ......................... 13
5. Recording of Decision .................................. 13
6. Time Limits of Site Plan Approval ............... . .. .... 13
7. Revocation of Site Plan Approval ....................... 14
8. Compliance Required .................................... 14
Section 7: ZONING ORDINANCE TEXT 'AMENDMENTS
A. Introduction ................................................ 14
B. Criteria for Amendment of Zoning Ordinance Text ............. 14
C. Procedures for Zoning Ordinance Text Amendment .............. 14
Section 8: GENERAL PROCESSING PROCEDURES
A. Introduction ................................................ 15
B. General Provisions .......................................... 15
1. Burden of Proof ........................................ 15
2. Location of Decision ................................... 15
3. Time Limits of Decision ................................ 15
C. Application ............. 15 1. Filing an Application .................................. 15
2. Processing an Application ...................... . .. ..... 16
3. Scheduling a Public Hearing ............................ 16
D. Notice of Public Hearing .................................... 16 1. Contents of Notice ..................................... 16
2. Distribution of Notice ................................. 17
3. Liability .............................................. 17
E. Administrative Action ....................................... 17
1. Notice ................................................. 17
2. Distribution of Notice ......... ~ ....................... 18
3. Written Comments ....................................... 18
4. Director's Decision .................................... 18
5. Issuance of Decisions .................................. 18
6. Effect on Decision ..................................... 18
F. Planning Com~nission Action .................................. 19
1. Hearing and Voting Procedures .......................... 19
2. Findings and Conclusions ............................... 19
3. Issuance of Decision ................................... 19
4. Effect on Decision ..................................... 19
G. City Council Action ......................................... 19
1. General ............................................... 20
2. Hearing and Voting Procedures .......................... 20
3. Motion ................................................. 20
4. Effect of Decision ..................................... 20
ii
Section 9: APPEALS
A. Finality of Decision ........................................ 20 1. Effective Date of Decision ............................. 20
2. Action on Decision ..................................... 21
B. Jurisdiction ................................................ 21
C. Notice of Appeal Hearing .................................... 21
D. Staff Report ................................................ 21
E. Burden of Proof ............................................. 22
F. Action on an Appeal ......................................... 22
G. Judicial Review ............................................. 22
Section 10: ZONING ORDINANCE SPECIAL EXCEPTIONS
A. Introduction ................................................ 22
B. Limitations to Zoning Ordinance Special Exceptions .......... 22
C. Criteria for Zoning Ordinance Special Exceptions ............ 23
D. Administrative Approval ..................................... 23
Section 1: VARIANCES
A. Introduction
This Section establishes a process for modifying certain
provisions of this Ordinance on a case-by-case basis if they
would result in an unreasonable or unusual hardship, and if
certain other criteria are met.
B. Limitations to Variances
A Variance may be granted to any provision of this Ordinance
except:
1. To any provision establishing the uses that are
permitted in a zone; or
2. To any procedural provision of the Ordinance; or
3. To any definition in the Ordinance.
4. A Variance shall not create a non-conforming lot or
use.
C. Criteria for Approval of a Variance
A Variance may be approved only if the Planning Commission
finds that the proposal meets all of the following criteria:
1. Is consistent with the Comprehensive Plan.
2. Will not be materially detrimental to property in the
vicinity of the subject property or to the City as a
whole;
3. Is necessary because of special circumstances regarding
the size, shape, topography, location, or surroundings
of the subject property, or the location of a pre-
existing improvement on the subject property that
conformed to the Ordinance in effect when the
improvement was constructed;
4. Will only allow development consistent with that of
similar properties in the same area and zone;
x-1
5. These conditions or hardships shall not be self-created
by the property owner and/or applicant for a Variance.
D. Procedures for Variance
The City will review and decide upon an application for a
Variance according to the procedures in Section 8 (GENERAL
PROCESSING PROCEDURES) of this Chapter. In addition, the
following apply:
1. Who May Apply Any property owner or property owner's
agent may apply for a Variance.
2. Decision on Application Variances may be approved,
approved with conditions, or denied by the Planning
Commission and may be appealed to the City Council by
any interested party according to the procedures in
Section 9 (APPEALS) of this Chapter.
3. Revocation of Variance The Planning Commission may
revoke a Variance at a public hearing according to the
provisions of Section 2(D) of Chapter XI of this
Ordinance.
E. Lapse of Approval
If a Variance is not acted upon within one (1) year of the
date of approval, it shall expire. The Director may grant
one (1) six-month extension in writing upon good cause
shown.
Section 2: ADMINISTRATIVE VARIANCES
A. Introduction
This Section establishes an administrative process for
modifying provisions of this Ordinance pertaining to the SF-
1, SF-2, SF-3, DR, CBR, and MF zoning districts.
B. Limitations to Administrative Variances
The Director may grant an Administrative Variance to any
provision of this Ordinance in the SF-1, SF-2, SF-3, DR, CBR
and MF zoning districts, except:
1. To any provision establishing the uses that are
permitted to locate or that may continue to operate in
a zone; or
x-2
2. To any procedural provision of the Ordinance; or
3. To any definition in the Ordinance.
C. Criteria for Approval of Administrative Varianc~
The Director may approve an Administrative Variance only if
all of the following questions can be answered "Yes":
1. Is the proposal substantively consistent with the
Comprehensive Plan?
2. Will the proposal avoid any impacts that might be
materially detrimental to properties in the vicinity of
the subject property?
3. Is the proposal necessary because of special
circumstances regarding the size, shape, topography,
location, or surroundings of the subject property that
may result in a hardship situation requiring a
variance?
4. Will the variance allow only development of the subject
property that is similar to that allowed on similar
properties in the same area and zone?
5. Have the owners of adjoining properties indicated in
writing that they have no objections to the variance?
6. Is it clear that the conditions or hardships that
justify this variance are not self-created by the
applicant or property owner?
D. Lapse of Approval
1. If an Administrative Variance is not acted upon within
one (1) year of approval, it shall expire.
2. The Director may grant one (1) six-month extension in
writing to the one year period upon good cause shown,
provided applicant applies in writing for such
extension prior to the expiration date of the Variance.
E. Procedures for Administrative Variance
The Director will review and decide upon an application for
Administrative Variance according to the procedures in
Section 8 of this Chapter. In addition, the following
apply:
x-3
1. Who May APPLY? Any property owner or property owner's
agent may apply for an Administrative Variance.
2. Decision on Application Administrative Variances may
be approved, approved with conditions, or denied by the
Director. Any conditions imposed by the Director shall
serve to ensure the compatibility of an approved
Administrative Variance with the surrounding area. The
decision of the Director may be appealed to the
Planning Commission by any interested party according
to the procedures in Section 9 of this Chapter.
3. Revocation of Administrative Variances The Planning
Commission may revoke an Administrative Variance at a
public hearing according to the provisions of Chapter
xI of this Ordinance.
Section 3: SPECIAL USE PERMITS
A. Introduction
This Section establishes a process for permitting uses not
permitted as an Allowed Principal Use or Accessory Use in a
zoning district, if certain standards are met.
B. Criteria for Special Use Permits
The Planning Commission may approve a Special Use Permit
only if it finds that:
1. The proposal is substantively consistent with the
Comprehensive Plan;
2. The proposal would bear a substantial relationship to
the public welfare and would not result in adverse
environmental consequences;
3. The proposal complies with the requirements of the
Zoning Ordinance other than type of use; and
4. Essential public facilities and services are presently
available and adequate, or can reasonably be made
available.
C. Lapse of Approval
If a Special Use Permit is not acted upon within one (1)
year of final approval, it shall expire. The Director may
grant one six-month extension in writing to the one-year
x-4
period upon good cause shown, provided the applicant applies
in writing for such extension prior to the expiration date.
D. Procedures for Special Use Permits
The Planning Commission will review and decide upon an
application for a Special Use Permit according to the
procedures in Section 8 of this Chapter. In addition, the
following apply:
1. Who may aDD1M? Any property owner or property owner's
agent may apply for a Special Use Permit.
2. Decision on Application Special Use Permits shall be
approved, approved with conditions, denied, or remanded
by the Planning Commission to staff for further action.
Conditions imposed by the Commission shall serve to
ensure the compatibility of an approved Special Use
Permit with the surrounding area. The Planning
Commission's decision may be appealed to the City
Council in accordance with the procedures in Section 9
of this Chapter.
3. Revocation of Permit The Planning Commission may
revoke a Special Use Permit at a public hearing in
accordance with the provisions of Chapter XI of this
Ordinance.
Section 4: ADMINISTRATIVE SPECIAL USE PERMITS
A. Introduction
This Section establishes a process for permitting minor uses
not permitted as Allowed Principal Uses or Accessory Uses in
a zoning district, as described in this Ordinance, if
certain standards are met.
B. Criteria for Administrative Special Use Permits
The Director may approve an Administrative Special Use
Permit only if the following questions can be answered
"Yes":
1. Is the proposal substantively consistent with the
Comprehensive Plan?
2. Will the proposal bear a substantial relationship to
the public welfare and not result in adverse
environmental consequences?
x-5
3. If the proposal deviates from the minimum requirements
of the Zoning Ordinance, other than type of use, has it
been designed to avoid any adverse impacts on adjacent
or nearby properties that might otherwise result from
the deviation?
4. Are essential public facilities and services presently
available and adequate, or can they reasonably be made
available; and
5. Have the owners of adjoining properties indicated in
writing that they have no objections to approval of the
permit?
C. Lapse of APProval
If an Administrative Special Use Permit is not acted upon
within one (1) year of final approval, it shall expire.
D. Procedures for Administrative Special Use Permit
The Director will review and decide upon an application for
an Administrative Special Use Permit in accordance with the
procedures in Section 8 of this Chapter. In addition, the
following will apply:
1. Who May APPly? Any property owner or property owner's
agent may apply for an Administrative Special Use
Permit.
2. Decision on Application Administrative Special Use
Permits may be approved, approved with conditions, or
denied by the Director. Any conditions imposed by the
Director shall serve to ensure the compatibility of an
approved Administrative Special Use Permit with the
surrounding area.
3. Appeal The Director's decision may be appealed to the
Planning Commission in accordance with the procedures
in Section 9 of this Chapter.
4. Revocation of Permit The Planning Commission may
revoke an Administrative Special Use Permit at a public
hearing in accordance wtih the provisions of Chapter XI
of this Ordinance.
X-6
Section 5: REZONES
A. Introduction
This Section establishes a process for changing the zoning
classification of property from one zoning district to
another if certain criteria are met. There are two types of
Rezones:
1. Rezones initiated by private parties.
2. Rezones initiated by the City.
B. Criteria for Approval of Rezones
The City Council may approve a Rezone only if it meets all
of the following criteria:
1. The Rezone is substantively consistent with the
Comprehensive Plan.
2. The Rezone is necessary because either:
a. Conditions in the immediate vicinity have so
markedly changed that a Rezone is required in the
public interest;
b. The Rezone will correct a zone classification or
zone boundary that was inappropriate when
established; or
c. The Rezone is to place or remove an overlay zoning
designation on the Zoning Map.
3. The Rezone would not result in adverse environmental
consequences;
4. The Rezone bears a substantial relation to the public
interest or welfare because there is a public need for
a change of the kind in question; and that public need
will be best served by changing the zoning
classification of the subject property;
5. Essential public facilities and services are presently
available and adequate, or can be reasonably made
available; and
6. In the case of a City-initiated area-wide Rezone only:
The Rezone is area-wide in scope, the action directly
and similarly affects a significant class of properties
rather than individual parcels.
x-7
C. Considerations for Rezone Approval
The City shall consider all possible uses that would be
allowed by right or could be allowed by Special Use Permit
if the Rezone is approved.
D. Procedures for Rezones
The City will review and decide upon an application for a
Rezone in accordance with the procedures in Section 8 of
this Chapter. In addition, the following apply:
1. Who May ApPly?
a. Private party initiated Rezones: The owner(s), or
the agent of the owner(s), of at least seventy-
five percent (75~) of the assessed valuation of
the subject property may apply for a Rezone.
b. City initiated Rezones: The City Council or the
Planning Commission may initiate a Rezone upon
passage of a resolution of intent.
2. Burden of Proof
The applicant has the responsibility of demonstrating
to the City that the request is justified on the basis
of the following standards:
a. The Rezone must be substantively consistent with
the Comprehensive Plan.
b. The proponent of the Rezone must show that a
change in circumstances justifies modification of
the original zoning pattern.
c. A Rezone should not be granted if adverse
environmental consequences would result.
d. The Rezone must bear a substantial relationship to
the public welfare.
(1) There must be a public need for a change cf
the kind in question; and
(2) The public need will be best served by
changing the zoning classification of a
particular piece of property.
x-8
3. Decision on Application
The Planning Commission shall recommend to the City
Council the approval, approval with conditions, or
denial of applications for rezones.
4. Conditions and Restrictions
The Planning Commission may recommend to the City
Council any conditions and restrictions it determines
to be necessasry to eliminate or minimize any
undesirable effects of granting the application.
5. Zoninq MaD Change
If the City Council approves a Rezone, it shall also
adopt an ordinance that makes the appropriate changes
on the Official Zoning Map.
6. Recording of Decision
A Rezone approval with any conditions shall be recorded
by the City with the Kitsap County Auditor.
7. Revocation of Rezone
The City Council may revoke its earlier approval of a
Rezone, or other legislative action, only through the
legislative approval process and required public
hearings.
Section 6: SITE PLAN REVIEW
A. Introduction
This Section establishes a proces for reviewing site plans
when required by other provisions of this Ordinance.
B. Criteria for Site Plan Review
The Director shall approve a Site Plan unless the Director
makes one or more of the following findings with respect to
the proposed development:
1. The bulk, height, location, or placement of structures
or the intensity of uses of the proposal would:
x-9
a. Be detrimental to other development in the
neighborhood; or
b. Result in loss or damage to unique natural or
topographic features of the site that are
important to the quality of life in the City.
2. The provisions for vehicular and pedestrian circulation
and parking on the site and on adjacent streets would:
a. Create hazards to public safety; or
b. Result in serious loss of natural or topographic
features.
3. The landscaping provisions do not adequately protect
neighboring properties from the development.
4. The Site Plan fails to provide for soil and drainage
problems that will be caused by the development.
5. The provisions of exterior lighting are inadequate or
will adversely impact adjacent properties.
6. The applicant has not set forth a reasonable plan for
the private care and maintenance of open spaces
provided on the site.
7. The proposed development will impose an undue burden
upon public services such as sewer, water and streets.
C. Procedures for Site Plan Review
The City will review and decide upon an application for Site
Plan Review in accordance with the provisions of Section 8
of this Chapter. In addition, the following apply:
1. Applicability
a. The applicant for Site Plan Review may be the
affected property owner or the owner's agent.
b. Except as otherwise stated in this Section, or
elsewhere in the Zoning Ordinance, the provisions
of this Chapter shall apply to:
(1) All land use and development proposals
involving residential structures of three or
more dwelling units; and
(2) All non-residential uses and structures.
x-10
2. Site Plan Requirements
An application for Site Plan Review shall contain all
of the following, except that the Director may adjust
or delete specific requirements, as reasonable, to best
adapt the Site Plan to the proposed development and its
location:
a. Site Plan: A Site Plan drawn to scale,
containing the following information:
(1) Location, size, bulk, height, number of
stories and use of all structures and areas,
existing and proposed.
(2) Location of entrances and exists and the
specific locations of all off-street parking
spaces and loading spaces.
(3) La~out of all existing and proposed rights-
of-way, driveways, internal roads, pedestrian
walks, landscaped areas, fences, signs, and
fire hydrants.
(4) Existing and proposed utility systems and
drainage structures and easements.
(5) Other information, data or features necessary
to understand the nature and scope of the
proposal and its impact on surrounding
people, property and uses.
b. Parking Plan
If the parking plan is included with building
plans and meets the criteria set forth below, then
a separate parking plan need not be provided. The
plan shall include:
(1) Delineation of individual parking spaces and
circulation areas with dimensions and overall
layout;
(2) Access to street(s) from the propert~ to be
served, showing curb cuts and distances to
nearest corners;
(3) Grading, drainage and surfacing details
through graphic representations of pre-
development and post-development contour
intervals of no less than two (2) feet and no
more than five (5) feet.
(4) Scale of the plans and north arrow.
x-ll
c. Vicinity Map
A Vicinity Map showing both the subject property
and ell other properties and structures within a
two hundred fifty (250) foot radius of each corner
of the property.
d. Calculations Indicating:
{1 Size of site (net and gross in square feet);
(2 Total square footage of structures, parking
areas, landscaping and open space;
(3 Density (gross).
e. Elevations and/or perspective drawings of project
structures and improvements.
f. A Landscape Plan, drawn to scale showing the
location of existing significant trees and other
vegetation to be planted on the site, and the
design of the landscaped area.
g. Identification of parties responsible for the
continued maintenance of open space.
h. The specific nature of any agreements, covenants,
or other provisions which govern the proposal.
i. A written explanation of the proposal, which shall
include:
(1) A discussion of why the proposal is
compatible with its surroundings;
(2) The potential impacts of the proposal on
surrounding people, property, uses and public
amenities, and proposed measures or
conditions which will mitigate any negative
impacts.
(3) A timetable for development, including
staging sequences, if applicable.
j. Signatures, mailing addresses and phone numbers of
all owners of record of the subject property.
k. The Director may waive one or more requirements
when it is obvious from the scope and nature of
the proposal that the information obtained through
the required item would not be significant,
relevant or helpful to an informed decision.
x-12
3. Decision on Application
a. Site Plans may be approved, approved subject to
conditions, or rejected by the Director. Any
conditions imposed by the Director shall serve to
ensure the compatibility of an approved Site Plan
with the surrounding area.
b. The decision of the Director may be appealed to
the Planning Commission by any interested party in
accordance with the procedures of Section 9 of
this Chapter.
4. Applicant Response to Decision
The applicant may respond to the Director's decision in
one of the following ways:
a. Accept any conditions of an approved Site Plan, or
the recommended modification(s);
b. Negotiate any conditions or modifications with the
Director; or
c. Appeal the conditional approval or rejection to
the Planning Commission in accordance with the
procedures of Section 9 of this Chapter.
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-month extension
in writing to the one-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.
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7. Revocation of Site Plan Approval
The Planning Commission may revoke a Site Plan approval
in accordance with the provisions of Chapter XI of this
Ordinance.
8. Compliance Required
No person shall violate or fail to comply with the
provisions of this Section or any approved Site Plan or
any conditions thereof, nor shall a building permit be
valid for any structure which would violate or fail to
comply with any approved Site Plan for the parcel(s) on
which such structure is to be located.
Section 7: ZONING ORDINANCE TEXT AMRWDMENTS
A. Introduction
This Section establishes a process for changing the text of
this Ordinance.
B. Criteria for Amendment of Zoning Ordinance Text
The City may approve a Zoning Ordinance text amendment only
if it finds that the proposal meets the following criteria:
1. The amendment is substantively consistent with the
Comprehensive Plan; and
2. The amendment is consistent with all provisions in the
Zoning Ordinance other than those which would be
modified or superseded by its adoption.
C. Procedures for Zoning Ordinance Text Amendment
The City will review and decide upon an application for a
Text Amendment in accordance with the procedures in Section
8 of this Chapter. In addition, the following apply:
1. Who May Apply? Any interested party may apply for a
Zoning Ordinance Text Amendment.
2. Decision on Appl~'~ation The Planning Commission shall
recommend to the ity Council the approval, approval
with modifications, or denial of applications for Text
Amendments.
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Section 8: GENERAL PROCESSING PROCEDURES
A. Introduction
This Section establishes procedures for processing
applications for certain developments, activities, or uses
described in various parts of this Ordinance.
B. Genera/ Provisions
1. Burden of Proof The applicant has the responsibility
of convincing the City that, under the provisions of
this Chapter, the applicant is entitled to the
requested decision.
2. Location of Decision Approval of an application
applies only to the property for which it has been
approved and may not be transferred to any other
property.
3. Time Limits of Decision An application cannot be
resubmitted to the City within one (1) year of the date
of denial.
C. Application
1. Filing an APPlication: The applicant shall file the
following information with the Department of Community
Development:
a. A completed application on forms provided by the
Department, including: A legal description of the
property; names, mailing addresses and phone
numbers of all owners of the subject property; and
supporting affidavits;
b. Notification list obtained from a title company,
County Courthouse, or other source of current
property ownership records, containing the names
and addresses of the owners of all property within
three hundred (300) feet of any boundary of the
subject property. These addresses shall be typed
on address labels; (Exception: PUD requirements
are specified in Chapter VI)
c. A Vicinity Map showing the site location;
d. When applicable, a Site Plan and any other
documents required by Section 6 of this Chapter;
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e. An Environmental Checklist, Environmental Impact
Statement, or any other document required by the
State Environmental Policy Act (SEPA);
f. Any additional information or material that the
Department determines to be reasonably necessary
for a decision on the application. A survey of
the property in question may be required if
questions concerning property lines, locations of
buildings, etc. arise;
g. Application fee, to be determined by City.
2. Processing an Application
a. AGency Review The Department shall distribute
the application to appropriate agencies for review
and comment.
b. Official File The Department shall compile an
Official File containing all information and
materials relevant to consideration of the
proposal. The file is a public record, and shall
be available for inspection at the Department.
c. Staff Report For applications requiring Planning
Commission and/or City Council action, the
Department shall prepare a Staff Report containing
an analysis of the proposal, including applicable
comments received from other agencies and other
relevant information. The report may contain
proposed findings of fact, conclusions and
recommended conditions of approval.
3. Scheduling a Public Hearing
The Department shall schedule the date and time for
applications to be heard before the Planning Commission
and City Council.
D. Notice of Public Hearing
1. Contents of Notice
For each application requiring a public hearing, the
City shall prepare a notice containing the following:
a. The name of the applicant and, if applicable, the
project name;
b. A general description or map of the location of
the subject property;
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c. A general description of the application proposal;
d. The date, time, and place of the public hearings;
e. A statement of the availability of the official
file;
f. A statement of the right of any person to submit
oral or written comments at the public hearing.
2. Distribution of Notice
The City shall distribute this notice at least ten (10)
calendar days before the date of the public hearing as
follows:
a. A copy of the notice will be sent to the
applicant(s), and to any other owners of the
subject property; and
b. A copy of the notice, including a Vicinity Map,
will be sent to the owners of all property within
a three-hundred (300) foot radius of any boundary
of the subject property, except for PUD
applications (refer to Chapter VI);
c. A copy of the notice will be published in the
official newspaper of the City;
d. At least one copy of the notice will be
conspicuously posted on or near the subject
property;
e. A copy of the notice will be posted on an official
notification board of the City.
3. Liability
Substantial compliance with this Section shall relieve
the City of any liability for failure to comply with
these notice requirements.
E. Administrative Action
When an application requires action by the Director, the
following shall apply:
1. Notice
For each application requiring an administrative
decision, the Department shall prepare a notice
containing the following:
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a. The name of the applicant and, if applicable, the
project name;
b. A general description or map of the location of
the subject property;
c. A general description of the application proposal;
d. A statement of the availability of the official
file;
e. A statement of the right of any person to submit
written comments within a comment period which
shall be stated on the notice.
2. Distribution of Notice
The notice shall be sent to property owners who may be
affected by this action.
3. Written Comments
The Director shall establish a comment period within
which written comments will be accepted. This comment
period shall be a minimum of seven (7) working days
from the mailing of the notices.
4. Director's Decision '
Within ten (10) working days after the deadline for
submitting comments, the Director shall issue a written
decision containing the following:
a. The facts presented to the Director that support
the decision;
b. The Director's conclusions based on those facts;
c. The decision, including any conditions and
restrictions that are imposed.
5. Issuance of Decisions
Within five (5) working days of the decision, the
Director shall mail a copy of the decision to the
applicant.
6. Effect on Decision
The decision of the Director is final unless appealed
to the Planning Commission in accordance with the
provisions of Section 9 of this Chapter.
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F. Plannin~ Commission Action
When an application requires action by the Planning
Commission, the following shall apply:
1. Hearing and Voting Procedures
A hearing before the Planning Commission shall be
conducted in conformance with the Commission's by-laws.
2. Findings and Conclusions
The Commission shall make its decision by adoption of
Findings and Conclusions, which may contain some or all
of the following:
a. The facts presented and accepted by the Commission
that support its decision;
b. The Commission's conclusions based on those facts;
c. Any conditions and restrictions that the
Commission determines are necessary to eliminate
or minimize any perceived undesirable effects of
granting the application.
3. Issuance of Decision
The Commission shall issue its findings and conclusions
in writing, and transmit them to the City Council, when
applicable, within fifteen (15) working days after the
final hearing on an application, as follows:
a. A copy shall be sent to the applicant.
b. A copy shall be placed in the official file for
public inspection.
4. Effect on Decision
Unless otherwise provided in this Ordinance, the
decision of the Planning Commission is final unless
appealed to the City Council in accordance with the
provisions of Section 9 of this Chapter.
G. City Council Action
When an application requires a decision by the City Council,
the following shall apply:
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1. General
The City Council shall consider the application at a
scheduled meeting within sixty (60) working days of the
date on which the Planning Commission made its
recommendation on the proposal. This time period may
be extended by mutual agreement of all parties.
2. Hearin~ and Votinq Procedures
A hearing before the City Council shall be conducted in
conformance with the Council's adopted rules of
procedure.
3. Motion
The City Council shall include in its motion:
a. A statement of the facts presented to the Council
that support the decision; and
b. The Council's conslusions based on those facts;
c. The City Council shall include in the ordinance or
resolution granting the application any conditions
and restrictions they determine are necessary to
eliminate or minimize any undesirable effects of
granting the application. Any conditions and
restrictions that are imposed become part of the
decision.
4. Effect of Decision
The decision of the City Council is the final decision
of the City, subject to appeal in accordance with the
provisions of Section 9 of this Chapter.
Section 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.
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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.
2. Action on Decision
The filing of a Request for Review shall automatically
stay the effective date of the appealed decision.
a. Neither the applicant, any City Official, nor any
other party may act upon the subject decision,
except to issue a cease and desist order, until
the expiration of the appeal period or until and
appeal has been resolved.
b. Cease and desist orders must be immediately obeyed
by all parties subject to them, pending the
resolution of an appeal.
B. Jurisdiction
1. Appeals of administrative decisions by the Director or
enforcement official shall be heard by the Planning
Commission unless otherwise required by the Ordinance.
2. Appeals of Planning Commission decisions shall be heard
by the City Council.
C. Notice of Appeal Hearin~
The City shall give notice of a public hearing on an appeal
in accordance with the provisions of Section 8 of this
Chapter. The Notice shall include a statement of the scope
of the appeal including a summary of the specific factual
findings and conclusions disputed in the letter of appeal.
D. Staff Report
The Department shall prepare a staff report on the appeal,
in accordance with the provisions of Section 8 of this
Chapter.
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E. Burden of Proof
The person filing the appeal has the responsibility of
convincing the hearing body that the subject decision was
incorrect.
F. Action on an Appeal
The public body hearing an appeal shall either:
1. Affirm the decision under review;
2. Reverse the decision under review;
3. Modify in whole or part the decision under review; or
4. Remand the matter back to the approving authority for
further consideration.
Such action shall be decided by a majority vote of the
members present. That vote may be taken at the same or any
subsequent meeting.
G. Judicial Review
The decision of the City Council shall be final unless an
appeal is filed with the Kitsap County Superior Court within
thirty (30) days of the decision. The filing of an appeal
within such time shall stay the effective date of the City
Council decision until such time as the appeal shall have
been adjudicated or withdrawn.
Section 10: ZONING ORDINANCE SPECYaT, ~CEPTIONS
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 owners 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:
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1. To any provision establishing the uses that are
permitted in a zone;
2. To residential density limitations;
3. To any procedural provision of the Ordinance;
4. 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:
1. Is the proposal consistent with the Comprehensive Plan?
2. Is there s clear relationship to the public interests
and well-being of the neighborhood or community?
3. Will the exception be applied in a manner that will not
result in a hazard to health or public safety?
4. Is it clear that this is NOT a hardship situation that
should be considered for a Variance?
5. Is the proposal compatible with surrounding areas and
with development already permitted under the general
provisions of the Zoning Ordinance?
6. Do exceptional or special circumstances exist that
warrant an exception from the zoning restrictions?
D. Administrative Approval
1. 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
exceptions.
2. The Director's decision may be appealed to the Planning
Commission in accordance with the appeal provisions of
this Chapter.
¢~apter A~en~e~:
Effective: June 1991
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Chapter XI
ENFORCEMENT
CONTENTS
Section 1: ENFORCEMENT OF ZONING ORDINANCE PAGE
A, Enforcement Officials ....................................... 1
B. Inspections ................................................. 1
Section 2: VIOLATION OF ZONING ORDINANCE
A. Scope of Unlawful Activity .................................. 1
C. Cease and Desist Order ........ 1
D. Revocation .............
E. Civil Penalty ............................................... 3
F. Continued Duty to Correct ................................... 3
Section 1: ENFORCEMENT OF ZONING O~D~NANCE
A. Enforcement Officials
It shall be the duty of the Director of Community
Development to enforce this Ordinance. Actions may include
withholding or revoking building permits for construction or
alteration of a structure, abatement of structures,
revocation of use permits and variances and recommendations
for civil or criminal actions by the City Attorney.
B. Inspections
Whenever it is necessary to make an inspection to enforce
any of the provisions of this Ordinance, the inspection
provisions of the Uniform Building Code, as in effect at the
time of the inspection, shall be followed.
Section 2: VIOLATION OF ZONING ORDINANCE
A. Scope of Unlawful Activity
It shall be unlawful for any person, firm or corporation to
erect, construct, alter, repair, move, remove, convert,
demolish, use, occupy, or maintain any structure or use of
land, or any portion in violation of the provisions of this
ordinance. The violation shall exist until the unlawful act
has ceased and unlawful construction and equipment, if any,
has been removed.
B. Civil Liability
It shall be unlawful for the owner or occupant of premises
to permit a violation of this Ordinance. Prosecution or the
lack of prosecution by the City shall not relieve the owner
or the occupant of liability.
C. Cease and Desist Order
1. The Director of Community Development may issue a Cease
and Desist Order when any person, firm or corporation
is making use of land, development, or any activity
which is prohibited by this Ordinance.
xI-1
2. An Order shall be obeyed immediately, notwithstanding
the filing of an appeal. An order is final if not
appealed to the Planning Commission within fourteen
(14) calendar days from the date of posting, or as
otherwise stated within the Order.
3. Any property subject to a Cease and Desist Order shall
be posted with a Vacation Notice directing vacation of
the entire premises within ten (10) working days.
a. Any person occupying the premises in violation of
said Notice without authorization of the Director
shall be guilty of a gross misdemeanor punishable
by a fine of not more than $5,000.00 or 180 days
in jail, or both such fine and imprisonment.
b. Each day of violation constitutes a separate
offense.
C. Any person removing the Notice of Vacation without
authorization shall be guilty of a misdemeanor.
D. Revocation
1. A revocation action may be initiated by the Director,
or the Planning Commission after a public hearing.
Notice of the action and date and time of the scheduled
public hearing before the Planning Commission shall be
served on the owner and surrounding property owners by
posting the property and by mail.
2. The Planning Commission may revoke a Variance,
Administrative Variance, Special Use Permit, or
Administrative Special Use Permit.
3. The City Council may revoke a contract unit
development.
4. A revocation shall be based on any one or more of the
following grounds:
a. That the approval of the application was obtained
by fraud or misinformation.
b. That the approved use has ceased to exist for one
(1) year.
c. That the property is being used contrary to the
terms or conditions of an approval, or in
violation of this Ordinance or law.
xI-2
d. That the approved use was so modified, expanded or
intensified as to be detrimental to the public
health, safety or welfare.
5. Any revocation by the Planning Commission shall be
appealable to the City Council pursuant to Chapter 2.84
of the City Code.
E. Civil Penalty
1. Except as otherwise provided by this Ordinance, all
violations of the provisions of this Ordinance shall
constitute civil infractions and shall be punishable as
follows:
2. The maximum civil penalty per day or portion thereof
for each violation is as follows:
a. First Conviction ...................... $100.00/Day
b. Second Conviction for Same Violation.. $200.00/Day
c. Third Conviction for Same Violation... $300.00/Day
d. Additional Convictions for same
Violation in excess of three .......... $500.00/Day
F. Continued Duty to Correct
Payment of a civil penalty pursuant to this Chapter does not
relieve a person of the duty to correct a violation as
ordered by the Director of Community Development.
Chapter Adopted:
Ordinance #4172
Effective: Nov. 11, 1988
xI-3