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HomeMy WebLinkAbout1792 ORDINANCE No. 1792 ~ Zoning Ordinance of the City of Bremerton, Kitsap County, Washington. AN ORDINANCE to regu~:ate and restrict the location and use of buildings anal the use of land within ~he City of Bremerton; to limit the height of build- ings, to prescribe building lines and the size of yarHs and other open spaces anm for these purposes to ~ivide the city into districts; providing for ~end- ments, and repealing ordinances in conflict herewith, and declaring on emergency. THE CITY OF BR~,$~ERTOI'~ [~OES O~OAI~[: TITLE I. CHAPTER I. CITATION A ND I~'[~PS. Section 1. This orclinance s~Nal! be known ~d may be cited as "The Zoning Ordinance of the City of Bremerbom." Section 2. This ordinance shall consist of the text hereof, and of that certain map or boole of maps identifiem by tho~)?roving si[~natures of the ]'dayor anti City Clerk on the title pa~e and marked ~d desi6nated as "Zoning Idap City of Bremerton, Washington," which map, maps or book of maps is now on file in the · office of the City Clerk of the City of Bremerton. Said book of maps has been heretofore examined in metail by '~;he City Council of the City of Bremerto~, and is hereby adopted as part of this ordinance. Said book of maps hasbeen .approved by the Bremerton City Plannin6 Co~aission, as evidenced by the signatures of the Chairman and Secretary thereof, in authentication ~ such approval. Tais or~ii- nance and each ~d all of its terms is to be ~read and interpreted in the of the contents of said book of maps. II' a~y conflict oetween the map, maps or book of maps ~d bhe~xb of this ordinance is deemed to arise, the text of this ordinance shall prevail. Section 3. A copy of this ordinance, or ~y ~nen~lents thereto, duly certified a s a true copy by the City Clerk o~' the City of Bremerton, ~all be file~ with the County Auditor of Eitsap Co~-by by the City Clerk of the City of Bremer'bon. A like certified copy of any map or book of maps adopted by this ordinance or any ~enc'~aents thereto shall likewise be filed wibh the Co~by Auditor of Kitsap County. Said Auditor of Kitsap County sl~ali record the ormi- nance, or amendments thereto, and shall file the map or book of maps or ~aendmen~s t~ere to. oection~5. Apartment Hou.~e : ~ building or p~rtion ther~f used intended to b~ used as~the home of thr~or more f~i~es or householders living independently~f each o~her. ~~~ ~ ~' ~~ Section 16. "Automobile Service Station": Any building, structure, pre- mises, enclosure or place used for the f~ispensing, sales or offering for sale of any :~'uels or oils, having p~ps ~d storage tanks, located wholly within lot lines. ~'~en such disbursing, sales or offering for sale of any fuel or oils is incidental to the conduct of a public garage, the premises shall be classified as a public garage. Section 17. "Block": The word "block" when used in this or~inance, sl~all b~ that property abutting on one side of a street, ~d lying between the two nearest intersecting streets upon which the plot faces. If the street or ?lace be c] earl-ended, then all of the property abutting on one sic]e between an inter- sect~ng street or place and the dead-end of the street or place. Section 18. "Boarding House": A buildin~ other than a hotel ~'here, for ORDINANCE NO. 1792 (Cont.) compensation, meals, or lodging and meals, are provided for three or more, but not exceeding2 twenty ~uests. Section 19. "Court": An open, tmoccupied space other than a yard lot on which a building is erectea or situated. A court~ one entire side o~ end of which is 0ounded by a front yarc, a rear yard, or a side yard, or by th~s front of the lot, or by a street or public alley, is an "outer court." Every court which is not an "outer court" is an "i~sr court." Seatiort ~0. "Court IIeight": The court height shall Oe measured 2'rot.a a point two (~) feet above the floor line of the lowest story in the building in which there are windows irt rooms serve~ by the s aid co~t, Zo the hiohesS point of the enclosing walls of the s aid court. Section ~1. "~eliing":' The word "dwelling" when used in this ordinance, ~h~ mean a metacheci buil~ting orttinarily occupied by one 2'~nily exclusively as ~ ~alling place and t~e usual accessory buildings, proviciec~ that such buil~ir~g ~all not be occupiet~i by more tha~ two '~fm~ilies with the usual accessory buildings. Section 29. "~'~ellJ.ng Groups": A group of two or more detached or semi- uetache~ uwellings, ocoupyin8 a plot of land in one ownership and having ar~y yard or court in ootrm~on. Section S5. ~F~aily": Any n~ber of related individuals; but no more than five ~5) ~related persons, living together as a single housekeeping unit, ~d doing their cooking o~ the premises, including ~:tom~estic servants. Section ~. "l~'ence": A fence is a guard, protection or enclosure for 'she purpose of enclosing persons, animals, chattels or property of any kind. Section 26. "Flank Line": The side line, or the intersecting line to the fron~ line of a corner plot, when the line iS forty-five uegrees (4bo) or more from nhe front line. Section 26. "Front Property Line": The front property line shall b e the front lot line as shown upon the official plats of property. Section ~7. "Front Yar~s": An open unoccupied space on the s ~r~e lot with a building between the i'ront line ox~ the ~uil~ing (exclusive of the steps) and the fron~ property line. Section 28. "Height of Building": The height of a 'building is the verti- cal distance at nhe center oi' a building's principa!~ont, measure~] from the establishe~:l grade to the highest point of the roof be~s in the case of :~'lat roofs, to the deck line of mansar~ roofs, or to the center hei~.~ht t:~etween eaves anc~ riUges ~'or 8;able, hip or g~brel roofs. For buildings sen back from the street line, the height may be measured from the average elevation of the finist~ed grade along the front of t~e Ouiidin~, provided tt~e ~stance tt~ereof fro~ the street line is not less than 'sics heigt~n o~' such {~rade a'bove th~ establishe~.~ grace. Section 29. "Home Occupation": An occupation, carried on by ~ occupant of a dwelling, where such use is inci(~enZal and subsidiary to the mair~ use of the buildin6 as a dwelling. Section $0. "Lot": A plot or parcel of lant~ occupied or to be occupied by a building and its accessory buildings, inciu~tin6 suc~ open spaces as a~.,e requi~.ed ~er this ordinance, ~d having 2'rontage upon a street or alley. Section bl. "Lot, Front of": The front of a lot shall be consi(terefl to be that side of the lot wt~ic~ fronts on a street. In the case of a corne~ lot, the narrowest side ~ronting on ~he street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on the street on which the dreateSt n~nber of Ouild- ings front in the s ~e block in which s ai(t corner lot is located. Section b2. "Notice of Public Hearing'S: Notice of public hearing shall be a publication of a notice siEned by either the ~resident or the Secretary of the ~.Con~aission published in the official city newspaper once a week for a perio~ of two weeks precet-lin~z the hearing. ~l~he Con~ission may give such additional notice or notices as may seem proper in its Siscretion. Section ~5. "Porch Open": For the purposes of this ordinance an open porch shall mean a porch no-S ovor 2'orty-two (~42) inches high and having no roof other than a self supi~ortin6 or bracket supf~orted roof. Ail other types of porches shall be considered closed porct~es. ORDIiiANCE No. 1792 (Con't.) Section 3.~. "Public Automobile Parking Lot": The only use permitted in such lot will Oe the par~ing of self-propelled motor vehicles equipped to r~ on their own power, for a period of twonty-i'our (2~) hour's or less. Section 35. "Public Oara;~e": Any premises used Z'or the storage or housing of more than three s te~n- or motor-~riven vehicles, or where suc~ vehicles are repaired or kept for hire or sale. Section 36. "Public Hearing": Any meeting of the Conmiission shall be deemed to 0e a public hearin~j. Section 37. "Rear Yard": An open unoccupied space on the s ~e lot with a builming, betweu~n the rear line of the [:uilding (excluding steps, porches and accessory buildings), and the center line of the alley, if ~y, or if no alley the rear line of t~o lot. , Oection 38. nSide Yard ": An o~en ~occupied space on the s~e lot with a building, between the side wall line.of the buildin[~ and the ~id~ line of the s~e lot. Section 39. "Single F~ily ~elling": ~ building arranged or desi[~ned to be occupied by not more than one I'~ily. Section 40. "Story": That portion of a building includem between the surface of any floor ~d the surface of the Z'loor next above it, or ii' there be no Z'loor above it, then the space 'between such floor and ~e ceiling ne.xt a~ove it. A basement shall not be considered a story unless fifty-one per cent or more of its area is used as a place of habitation. Section 41. "Wrecking Place": The use of more than two h~dred (200) square feet o~ area o~' any lot, for the storage of junk, incluming scrap metals or other scrap materials, and/or for dismantlin~ or wrecking of automobiles or other vehicles or machinery. Section 42. i.~iherever the t erin "this ordinance" is used herein it shall be deemed to include, where the content permits, any and all ~en~aents thereto as the s~le may hereaZ'ter from time to time be~.iopted. Section 43. V~erever the word "Co~aission" is used herein, it shall be deemed to refer to the City ~lanning Cormnission. TITLE II. CHAPTER I. USE DISTRICTS. Section 200. The City of Bromerton is hereby divided into fo'~r types of use districts as follows: (a) Residential One Districts. (b) Residential Two Districts. (c) Business Districts. (d) ~.'~an~' ac turing 9istricts. CHAPTER II RESIDEI'ITIAL ()I~ ~I~Z/~ICT~ Section 300. In Residential One Oistricts, no building or premises shall be used, and no builOing shall be herea~.~tor erected or structurally altered, ~less otherwise provided in this oz-'0in~ce, except for one or more of the fol- lowing uses: 1. One and two f~ily (-twellings. Libraries and art ~alleries. 3. Parks and playgro~ds (includin~j park buildin6~s). 4. Accessory buildings, such as are ordinarily appurtenant to single f~nily dwellings, shall b o permitted, includin~ one private garage to each ~'~i.[y, when locate~ not less than sixty [60) feet from the front line, nor !~ss 'th~ twenty (20) feet i'rom any i'lanking street line, unless attached to or within the dwellings, or con- nected by an open breezeway, or as provided in Sections 311 and 312. Section 30!.~Private Garage~ Private gara~s in Zfesiden~al One shat nothing in thi~re~sulation sha~ S e construed ~o prevent ~h?~uildin~. o~' a private garage of ~t more than tw~(2) car capac~, and not in~e:ccess el~ 400 square feet in a r~a, where the~o~ limitation do~s not allow ~e constructic . 75 ORDINANCE No. 179~ (don't.) of a garage on any lot or plot of record prior to November 2%, l~C~eZ. Section 302. Home 0ccl~lpation. A home occupation, such as the of±'ice of a physician, dentist, or other proi'essional person, or a ~'~ressmaker, or music teacher, is permitted, provided that no person is employed other than a member of the irmnediate faultily residing on the premises,and provided further that no stock in trade is kept nor any commodity is sol~i on the premises, and provide~l further that no sign or display of any kind is used that would indicate that the building is used in whole or in part for any purpose except that of a dwelling, other tha~ one sign not exceeding two square ±'eet in area and bearing only the name anm occupation of the occupant. Section ~03. Signs. Signs not exceeding six (6) square feet in area pertaining to the leasing, rental or sale of buildings or premises are per- mi bted. Signs on non-conforming uses are likewise permitted, provided, how- ever, that such signs shall be erected flat against the building or painted upon t[~e sides thereof. Ail other si~ns, signboards and billboards are prohibited. Section 304. Gardening or Fruit Raising. Nothing herein contained shall be meemed to prohibit the use of vacant property for~ardening or fruit raising. Section 305. Trailers. No trailer shall be used as a place of habitation, but may be stored in an accessory building on the property. Section 306. Nurseries or Greenhouses..- A nursery or greenhouse may be locate~ within a Residential One District, by special permit for a period of not more than ten years, issued by the Comm~.ssion, after public hearing se~ld examination of the location and upon a determination by the Co~.~nission that such nursery or greenhouse may be maintained for such period without un~iue ~etriment to adjacent and surrounding property. Section 307. Telephone ].]xD~anges and Electric Substations. Telephone ex- changes a~d electric substations and similar uses of public service corporations may be permitted by special permit from the Connmission, provided sucl~ 1ouilding shall conform to an~l harmonize with surrounding buildings as to type of arcI~i- tecture, set-bac/~ and landscaping. Complete plans s'?iowing elevation an~ loca- tion on the lot, together with the location of adjoining residential buildings must be submitted to the Co~m~ission with application for such pez'mit. Section 30~. Churches and Schools. Churches anms chools (either public or private) may 0e allowem by special permit ~'rom the Corm'nission al'ter public hearing and exmnination of the location and upon ~ue proof to the satis- faction of the Col~ission that such school or church will not. ~e unmuly detrimental to a¢ljacent an~:i surro~ing property. Section 309. Front Yard. Subject to the exceptions hereina±~ter con- tained in this orminance, there shall b e a i'ront yard, for e very buildi~_.~, having a minimtm~ mepth of twenty (~0) feet, prov.ide~ that no I'ront yar~ need be ~eeper than avera~e of the ~lept~ of the front yards cZ' the lots adjace~t on each si~e. A vacant plot, or a pl~t occupiec[ ~by a building with a front varg-'~ of more than twenty (20) feet ~.n depth~"~"~b~'~:t~g~'purpOs~'~ .... ?'o~'?'~'-~computlng ~ '~"~:~:'~" ~fr~ht ' ~' ~ ~' ~' yard ~limensions the measurement st~all be t akenzrom 'the nearest point of the front wall of -the building, or I'r[~.~ the porch, if enclosed to t~e street line. Section 310. Front Yardi Exo~l~ion. ~here the topography of the property slopes clown to an angle greater t~[~ thirty-five (35) degrees within twenty (20) feet of the front pro?erty l~l..~e, the Co~mnission may, in special cases, grant a permit to reduce the fron~ yard ~tepth to not less than five (5) ~?eet, provided, however, that any building erected shall be located as far as practical from the street line, as determin'ed by the Co~r~ission. Section 311. Front Yarc~ Exception. The Co~mlission may, in specific cases where the topography of th6 premises, or the lo~:ation of bull,s,tings existing prior to November 24, 1~.~42, makes compliance with the provisions governing the location of private garages impossible, grant a special permit for a private garage to t:e located[ nearer to the street line than the main structure,but in any case where suct'~ location is within a required front yard, the highest point of a 'buildil~g so located shall not be more than thirty (30) inches above the average level of the ground on the side farthest from the street line. Section 31~. Front Yardi Zxceptioz'l. The Co~muission may also i~rant a special permit fora-i)rivate d;ara~e to be located closer tizan sixty (60) feet from the street line where the topography of the property slopes c~own to such an extent a s to b e impracticable to ouild a a arage sixty (60) f~et backl~rom the street line, provided, however, tl~at said garage shall be located as far ORDINANCE No. 1792 (Con't.) as practicable z'rom the street line, as determined by the Commission. Section 313. Rear '!£ard. Subject to the exceptions hereina~'ter contained in ~his ordinance, there shall~ a rear yar~ havi~g a minim~u ci~pth of twenty-five (2~) feet, except that on a lot which is a complete unit held un~sr ssparaEs ~d ~istinct ownership from the adjoining lots an~ of record prior to November 24, 1U4S, or as~shown in a bona ~i~le unrecorded deed or ;real estate contract entered into in good faith prior to November ~4, 1942, as determined by the Co~m~ission, this depth of rear yard may be reduced il~ necessary to such extent only as will permit a 0uilding aepth of thirty (~0) fs~t~ provided the rear line of th~ buildings ~oes not come closer than I'ivs (g) feet to the rear property line. Section ~14. Rear Yar~ Exception. Eaves, corni~ces, st~ps, pla~'orms and rear porches, whether enclose~ or not, ~ut nov exceeding in width one-half that of the building nor one story in height, may extend into the rear yard, provided they are at least ten (i0) feet mistant from the rear lot line or from the center line of the alley. Section 315. t(ear Yard Exception. Garages, Porches, and Accessory Buildings may be built within a ~ear yard, provided they cio not cover more than fifty (50)~) per cent bi' the width of the rear yarc, anc~ provided they are at least ten (10) feet distant from the center line of the alley, if any, provide~, however, that ii' the rear lot line is also a portion of the s iC~ lot line of ~y adjoininj lot, no such building sha!l~ closer than five feet to such rear mhd side lot line, ~mless there are existing permanent buildings on said adjoining lot which will be at least 10 feet m is5~t from ~y such garage, porch or accessory building, in which case they may Oe built up to the rear lot line. Section 315. Rear Yard Exception. %~en the rear line of any corner lot adjoins or is across the alley from the side line~f any other lot, no struc- ture of any kind may 'be built on that portion cz' said corner lot that is with- in twenty-five (2t~) feet of the s aid side lot line, inclucling the width of the alley, that comes closer to the I'lank line or the street sime lot line of the sai~ corner lot than the established front yard set back line of the adjoining lot. Section 317. Side Yard. There shall be a side yard of not less than five (5) feet in width on each si<le bi' a ouilmin~, but if fifty (50/~) per cent of the block on a front foot 'basis has been built up with structures having si~e yards less than five (5) feet in wi(~th, ~hen the new construction in said block, may conform, but shall not be less than three (3) feet in wimth. Section 318. Side Yard Exception. Eaves, cornices, chimneys and fire- places may exten~ over the required side yard fora distance of not more than two (2) fe~t nor more than one-half (-~-) of the side yard space on ~e lot. Section 319. Side Yard Exception. C~en porches with steps on both sides may exte~ld over the required side yard. Section 320. Side Yard Exceptions' G~.~ages and Accessory Buildings when erected so that the entire building is wit~..in a distance of thi~Dy (30) feet from the :rear lot line, may also occupy t~:a side yard on an inside lot line, provided t hey are at least five (~) feet ~Dt~t from any other building on the plot, subject, however, to the provisions set forth in Section 315. Section 321. Si~:ie Yard Exception. The Co,lesion may upon the joint request of the owners of a djoinin~ properties, permit the erection of private garages upon or irmaediately adjacent to the division lines between the two properties tmder~e conditions s~t i'orth in /%ections 311 and 312 of this o%~dinance, after an exmaination of the location and upon determination by the Co~ission that the granting of such permission will not be unduly detrimental to adjacent ~m surro~ding property nor to the zone in which such permission is granted. Pe~its granted under ~e ~bregoing provisions shall be limited to the life of the structure or structu~s for which the perrait is issued. ~ ~.~/ Section 3~2. Fences. No fence shall be constructed in a Residential On~ District other than a light membered open fence with a height of not to exceed forty-two (42) inches in any front yard and a height not to exceed ei~hty-z'our (S~) inches in any side or rear yard. Section 3~3. Fence Exceptions. Cyclone or similar open type a~enoes may be used to enclose parks, play~.~ro~ds, ~:schools, substations and similar uses located in a Residential One District, with no limitation on the hei~:ht thereof. - ORJ)!NANCE No. 1V92 (~Con't.) Section 324. Fence Exception. A sight obscuring fence aro~md an abhletic field may be allowed by special permit i'rom the Co~n~ission after public hear- ing an~i e:~lination of the location and upon a showing to the satisfaction of the Co~mnission that such z'ence will not be unauly ~etrimental bo ad~jacent an~ surroundin6 property. Section 325. 0I'l'-Street Parking. For~ch i'~ily residing on a lot, space shall 0e provided on suc]~ lot, ~[irectly accessible to a thorou~t~i'are, for the parking or garagin~ of at least one non-cor~m~ercial vehicle. Section 3~. Off-Street Parking. No.building or struct~e ~hall be erecte~ or land used for ~y purpose which will cause customers, employees or residents to park their versicles of transportation for one hour or longer ~less space for such parkina is provided an~ maintained witt~in three hunared (300) feet thereof. Section 32V. Off-Street Parking. For every structure, or part the~'eof, principally used as a tl~eatre, a uditori~G or other similar place of public ,assembly, there shall be provided and maintained accessible off-street parking space l'or the storage of self-propelled passen~er vehicles on the basis of two hundred (~00) square feet for each ten (10) seats of the total audience seating capacity of the buil~ling, str~cture, or part thereof, wi'thin five h~red (500) feet thereof. Section 328. Sine Area. Every building hereafter erected or structurally altered which is located in a ~esidentia! One District shall provide a lot area of not less than i'orty-ei6ht h~m~red (4800) square feet with a minim~l width o~' l'ifty (50) feet for a single-family clwellin6 and an additional one thou- sand (1000) square feet of land area for ~each additional f~ily or house- keepin~ unit. Sixty-l'ive (65~/~) per cent of the area of all sites must be left in open spaces free of structures. Provided, however, that where a lot has !ess area than herein req~Hred, as shown by the last conveyance of record prior to November ~4, 1942, or as shown in a bona fide ~recorded deed or real estate contract entered into i~ goo~ I'aith prior to November 24, 1942, as determined by the Con~nission, this re[julation shall not prohibit one (1) single fa~lily dwellin[~ m'~m its accessory buildings on such lot. Section 329. Site Area Exception. Where a plot of gro~d, with a frontage of from eighty (80) to ninety (~0) feet was in single ownership on November S4, t942, it may be subdivided and single f~ily towellings be built thereon, provided the resultant lots shall have a Z'ronta~e of nSt less than forty (40) feet ~ ~ area of not less than thirty-eight h~dred (3800) square feet. Section 330. Height Limit. No building shall exceed a height of thirty (30) feet, nor more than two (2) stories. CHA~ IE~ III. RESIOENTIAL TWO DISTRICTS. Section 400. In Residential Two Districts no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this ordinance, except for one or more of the following uses: 1. Any use permitted in Residential One ~istricts. Welling groups. 3. Apartment houses. 4. Boarding ~d lod~jin~ houses. 5. Hotels. 5. Churche s. 7. Schools. Hospitals and s~itari~as except those for inebriates, the insane, or those suffering from mental diseases; subject to the regulations of the Health Department. Institutions for emucational, philanthropic or eleemosynary uses other than correction. 10. Private clubs, fraternities ~d lodges, excepting those the chief activity of which is a service customarily car- ~ied on~ as a business. 11. Nurseries and greenhouses. 12. Public gara~es l'ors torage purposes only may be allowed by special permit issue~ by the Co~ission after public hearing and ex~ainaVion of the location, upon roue proof to the satis- faction of the Cor~ission that such public garage will not be ~mduly detrimental to adjacent ~d surro'~ding property. OR~J)INANCE No. 1792 (Con't.) ~lothing in this para~raph shall be deemed to prohibit the servic- ing of patrons' cars with gasoline, oils, washin[.] and similar services, within such public storage ~arage. Sectio~ 401. Signs. Signs ~ot ~xcsedin6 six (6) square i'set in area pertaining to the leasing, rsntal or sale of buildings or premises are per- mittsd. Signs advertising the n~e of ghe business or use permitted in a Residential Two District and signs on non-conforming uses are p~rmitte~, provided, however, that such signs shall be erscts~l flat against the building or painted upon the sides th~reof. Ail other signs, signboards ~d bill- boards are prohibited. Section 402. Front yard. Subject to the exceptions hsrsinai~tsr con- tained in this ordinance, Uhere shall b~ af font yard, for every Ouilding, having a minim~m~ depth of fifteen (18) feet, provided that no front yar~ need be deeper than an average of the depth of the front yards cZ' the lots a~]a- cent on each side. A vacant plot or a plot ocoup~4 ~Wy a b~lil~in:~wi%h a front yard of mor~ than i'iftoon (].~) ~e~t mn dep~~~rpo~~~ computing front yard dimensions, the measurement shall be taken from the nearest point of the front wall of the building, or from the porch, if enclosed, to the street lin~. Section 40~. Front Yard E~cceptions. The front yard exceptions se~ forth in Sections ~10, ~11 ana~ ~1~ of t'his ordinance shall apply in Residential Two Districts. Section 404. Rear Yard. Subject to the exceptions her~inai'ter contained in this ordinance there shall b~ a r~ar yardi having a minim~ dept[z of I'ifte~n (1~) I'eet, except that on a lot which is a complete unit held under separate and distinct ownership :rom the adjoining lots and of record prior to Novem- ber ~=, 1~42, this depth of rear yard may b~ r~duced if necessary to extent only as will permit a building depth of thirty (~0) feet, provided the r~ar line of the building does n~t come closer than ~'ive (~) feet to the rear property lin~. Section 405. Rear Yard Exceptions. The r~ar yard exceptions set forth in Section ~14 and ~15 of this ordinance shall apply in Residential Two Oistricts. Section 406. Rear Yard Exceptions. When the rear line of ~y corner lot aujoins or is across the all~y f~'om the sid~ line of any other lot, no structur~ of any kind may be built on that portion of said corner lot that is wi'thin fifteen (15) fe~t of the said side lot lin~, ineludin~ the width of ~he alley, that comes closer to the flank line or the s trget side lot line of the said corner lot than th~ established front yard set back lin~ of the adjoining lot. Section 407. Side Yards. For buildings of two (Z) stories or less in height, side yard requirements for Residential On~ Districts shall apply. For Ouildings more than ~wo stories in height, the width of the side yards shall be increased by one (1) foot for each adaitional story. This addi- tional side yard is not required for the sic~e of a corner lot on a flank- ing street. Section 408. Si~e Yard Exceptions. The side yard exceptions s et forth in S~ctions ~1~, ~19, ~0 and ~2! of this ordinance shall~uply in Residential Two Districts. S~ction 409. Fences. Ail provisions l'or ~'ences s~t forth in S~ction of this ordinance shal!apply in Residential Two Districts. S~ction 410. Fence Exceptions. The f~nc~ exceptions set forth in Sections ~2~ ~d ~24 of Ehis ordinance shall apply in ~esidential Two Districts. lot, ~: sba ~ on such lot, dimectly accessible to a thoro'ugh- ~,rcial vehicle; where rovi~:~ed for one ... o~'~m~ercial vehicle for every two i'~:ilies. Section 412. Off-Street Parking. The provisions for Off-Street Park- ing as set forth in Sections 326 anu 327 of this ordin~ce shall also apply in Residential Two Districts. ORDINANCE No. 17~° (Con't.) Section ~1~. Site Area. Every buildin~~hereafter erected or strmctur- ally altered which is !ocate~t in a l~esidential Two District shall province a lot area of not l~ss than forty three hunt, red (~0~) square feet wit~ a ~ini- m~ width of forty five (~$) fe~t .~or a single or two f~iiy a~welling and an additional fiv~ hundred (~0] ~quare fe~t for each a~itional f~ily or house- keeping ~it tocat~d on Vhe first story, and thr~e hundred seventy-five ($7~) additional square f~et i'or~ch additional faultily or housekeepin~ unit abo~e th~ first story. Frovided, however, that wh~?e a lot has less area tha~ herein required, as shown by the last conveyance of reoor(~ prior 'bo ~:~ovember 24, 1~, or as shown in a bona fide ~recorded meeU or real estate contract entered into in goo~ faith prior to i:fovember [~4, 194~, as ~eterminsd by the Commission, this regulation shall not prohibiv one (!) single Z'~ily uwelling and. its accessory buildings on such lot. S~ction 414. ~-Ieight Limit. ~.Io buf~l~inS shall exceed forty (40) feet or three (3) stories in height unless it sets back from -the rear lot line five (~} i~eet in addition to the above req'~irements. Provided, however, 15hat no building shall e~{ceed seventy ~"0) feet or si~ (~3) stories.in heizht. Ci~tPT~R IV. BUSINESS DIS'.~RI~?~[~. 1792, in it~ Section 500. i~l busit~ss mistricts no 0uildins or ?remises shall and no buildinS shall be hereai'ter erecte{~ or str~cturally altered, ~n~l.. :~. otherwise provided in this or~linance, except ~'or one or more of the follow- ing ~es: 1. ~y use permitted in the First And Second Residential Districts .providem that regulations pertainin~; thereto as heretofore ?ro- vimed, ape complied wi-th. Retail stores anu sho?s, limited to uses needed to serve a resi- dential disVrict, such as a [6rocery store, meat shop, retail bakery, mru~l~ store, co~fectionery shop, personal service stores or parlors, ~d uses similar to the above. 3. Assembly halls, theaters, ~ance halls, skating rin'.:s or other co~aercial ~nusement places. 4. Office or pPol~essional buildings; batiks; restauran'ts, cafes, and other public eating places; printing establiskm~ents; tele- phone, telegraph and messenger offices. 5.Telephone exh~ges and electric substations and similar uses of public service corporations; police or fire stations. Sales room or store room for motor vehicles; ?ublic automo~oile parking lot. 7. Public garages, service stations, l~ber=tores, t~.~ber yaFds, fuel yar~ls, laundries, an~ billboards an~i other aover-tising devices, provided they are not closer than one h~dred (tO0) feet to the side lines of any Residential One or Residential Two DistPict, may be alloweci by the Co~nission by special proof to the satisfaction of the Co~mnission that the location thereof will not be detrimental to adjacent or surrounding properties. S. F~meral homes may be allowed 0y special permit ~'rom 'the mission after public hearing mn~ ex~ination of the location and upo~ due proof' to the satisfaction of tt~e Cotmuission that it will not be unmuly metrit~ental to adjacent and surrounding property. 9. Any other uses which, in the opi. nion of the Co~rsnission, are of the stone general character as those listed in this s cc'sion anm will not be detrimental to the district in which located. Section 501. Business Use Exception. ~ere a~elling exists on a lot in a business district, a business buil{ting may be ouilt on the s~e lot, subject to an investigation by the 0ot~m~ission anm ~etermination that said business oui]ding will be at least ten (i0) feet distant from ~y wall of she existing ~wellin6 where ventilation is require~ ~'or ~y room therein, oF after inspection it is ~'ottnd that the lighn, air, ventilation ~d health of the occu~ants of sair~ residence is not in ~y way interfered with. Section 502. Business_'. Use Exception. ¥'~here living or sleepin6 quar- ters are provided above ~ authorized business use in a business district, the yarm provisions required .~.'or resi{Jential use in Residential One or i{esiden- rial Two ~istricts, st~all not app!y, provided that all requirements relative to courts shall be a~]hered to. Section 503. Yards. Wherever tt~e side line of a lot in a Business District is adjacent to a Residential District, a side yar~:t of z'ive (b) feet shall be require{:~. Section 504, Off-Street Parking. All provisions for Off-Street larking set forth in Sections 32¥ and 32V of this orciinance shall apply in Business Districts. Section 505. Off-Street Loathing and Unloading. Any buil,:~in6 herea~'ter erected for co~®~ercial use, or any existing buila~ing which is hereaz'ter rebuilt, remodeled, or structurally altered to provide a~mitional space on the 6rouna~ floor for con~aercial use, shall provide on the lot a convenient space off the pub!~c right-oz'-way, street or alley for the loathing an~ untoa~ling of con~.ercial vehicles.. Such space shall be large enoug)~ to permit large trucks to drive into the area an~ be completely off the public ri~zht-of-way and shall provide a minimtuu area ol~ not less than -sen (10) by thirty (30) feet; provi~led tt~at in blocks where there is no alley, or no alley with an elevation within ten (10) feet of the street abutting any property, such space shall not ,ce required, and provided I'urther that if 7-3;:~ of all prope~ty lying within ten feet of the rear line of any block abutting on an alley is improve~l with not less than Type iii masonry buildings, such space shall not be required° Section 506. Height Limit. ~henever tt~e side line of a lot !n a i~usiness District is adjacent to a Resi~!ential District, the buildings on such lots shall be limited to twenty (20) l'eet in height. No building shall exceed a height of eighty-five (85) feet nor eight (8) stories. CHAPTER V. MANUFACPUR!NG 0ISTRICTS. ~ection 600. In 5{anufacturing Districts no 'buildings or premises shall be 'used, an~ no building shall be hereaI'ter erected or structurally altered unless otherwise provided in this ordinance, except ii'or one or more of the i'ollo~ ing uses: 1. Any use permitted in the First and Seconal l:{esidential Districts pro- vide~ that regulations pertaining the]?eto as heretol'ore provide,.:{, are complied with. ~; Any use permitted in Business Districts. 3. Any other use except the i'ollowing: (1) Abattoirs (2) Acetylene gas manufacture or storage (3) Acid manufacture ( 4 ) Alcohol manufacture (5) ~h'~mionia, bleaching pow~,r or chlo~ine manufacture (6) Arsenal (7) Asphalt manuI'acture or refining (8) Bag cleaning (~) Blast furnace (10) Boiler works (11) Candle manufacture (12) Cereal mills (13) Celluloid manufacture (14) Coke ovens (15) Cooperageworks (16) Cotton gins ( I7 ) Crematory (18) Creosote treatment or manufacture (19) Dis inI'ec rants manui'ac ture (~0) Distillation of 'bones, coal or wood (21) Dyestuff manufacture (22) Explosive manufacture or storage (23) Exterminator and insect poison manufacture (24)- ~mery cloth an~i sandpaper manufacture (~5) Fat r e~dering (25) Fertilizer manufacture (~7) Fireworks and explosive manufacture or storage (28) Fish smoking and curing (29) Flour mills (30) Forge plant (31) Gas (illtu'ainating or heating) manufacture (32) Glue, size or gelatine manufacture (33) Gtu~powder manufacture or storage (34) Horse barns (35) Iron, steel, brass or copper i'ounclry (36) Lamp black manufacture (37) Lime, cement or gypsum manufacture (38) Match manufacture (39) Oilcloth or linoletun manufacture (40) Oiled, rubber or leather goods manufacture (41) Ore reduction ORDINANCE No. 1792 (Con't.) (42) Paint, oil, shellac, turpentine or varnish manufacture (43) Paper and pulp manufacture (44) Perfmae manu~'acture (45';) Potash works (46) Printing ink manufacture (47) Pyroxlin manufacture (48) Rock crusher (49) Rollin~; mill (50) Rubber or gutta percha manufacture or treatment (51) Salt works (52) Shoe blacking manufacture ( 53 ) Smelters (54) Soap manufacture (55) So~a and compound manui'act~.a'e (56) StocXyar~s (57) Stone mill or quarry (58) Stove po±ish manufacture (59) Sulphuric, nitric or t'~y~,~rochloric aci~.~ manufacture (60) Tallow, grease or lard manufacture orr efining l'rom a~:timal ~.'ats. (61) Tanning, curin[~:; o~ storage Of raw hides or skins (62) Tar distillation or manufacture (63) Tar roofing or water-proofing mmuufacture (64) Tobacco (chewing) manufacture or treatlnent (65) Vinegar manufac-ture (56) ¥~ool-pulling or scouring ( 67 ) Yeast plant (68) And in general those uses w~ich have Oeen aeclared nuisances any court o~' recora, or which may be obnoxiot~s or of I'ensive by reason of emis- sion of odor, ~ust, smoke, gas or noise. Provided, 'that since there are certai~ types of the I'oregoing uses 'which may or may not be obnoxious ~y reason of emission of odor, dust, smoke, gas, noise or other causes, aepe~taing upon the size and methods of operation of the use, the Co~m~ission shall have the ±~ower to grant special conditional an¢i revoca[~!e per'mits for any of .the' z'oregoing uses within a Manu£actttring District, 'except those uses set i~orth in this sec- tion unaer nt~bers 2, 6, 22, 27, 31 an~:~ 33, ai'ter public ~,aring and exaxnina- tion of the location, and upon due prooI' -to the s atisi'actz~n of the Commission that the maintenance of' 'the proposed use will not be unauly detrimental to the adjacent and surroun~'~ing property. Section 601. Any installations for storing petroleumt products shall be made in accordance with all ordinances of the City of Brer, lerton ~e-~ndance-with at'~'-ordinances-"of~'the-City of-Bremer.t, on and in accordance wi tt~ Standards as published one approve~:.i by the National Board of Fire Underwrite?s. Section 602. No incinerator, wrecking place, heavy manufacture or other use which would cause noise, vibration, or be ot]'terwise oOnoxious shall be located closer than two tzur~dred (200) feet to the boundary lines of a~'~y Residential One District, or one htntc~red (100) feet I'rom the boundary lines o~' any Residential Two District. Section 503. Manufacturing Use Exceptions. The use exceptions set i'orth in Sections 501 and 502 of this or~inance shall~ply irt Idanufacturing Districts Section 604. Yards. ',~herever the side line of a lot in a Manufacturins District is adjacent to a Residential District, a side yard of five ($) feet shall be required. Section 605. Off-Street Loathing and Unloading. The provisions i'or Oi':['- Street Loading an~-~ Unloading set forth in Section 505 of this ordina:[~ce she. apply in I~1anufacturing Districts. Section 606. Off-Street Parking. Ail provisions for Off-Street f:'ark- lng set forth in Sections 326 and 327 of this or,finance shall apply Manufacturing Districts. Section 607. Height Limit. l;~]~erever the s~.:!e line of a lot in a I.,.Iant~a~g District is a~Jjacent to a Residential District, the buildings on such lot shall be limited to (20) feet in height. No Oui. ldir~gs shall exceed eig~l~y- five (8o) feet or eight (8) stories in hei,,.~ht. CHAPTi;:R VI. BOUNDARIES OF [~ISTIlICT~[~. Section 700. The boundaries of the w~rious ¢[istricts shall Oe shown on the use and area maps accompanying and hereby made a part of this or~inance. The said district boundaries are, tualess otherwise intricated, the center lines OtlOINANCE No. 1V~u2 (Con't.) of streets, alleys or lot lines, as shown on the said maps. Where the location of the boumdaries in such district, as indicated on these maps, are shown to be other than street, alley or lot lines, then such bounmary shall be construed to be a distance of one h~dred twenty (1~0) feet Z'rom anm para- llel with the ['ronta6e street line, ~mless shown to be otherwise by a aistance in figures. Section 701. ~'~ere the street layout actually on the ground varies from that shown on the use .district maps, the desi~nations shown on the maps shall be. applied by the Co~m,~ission to the street as actually laia out so as to carry out the intent and p~r?ose of the zoning plan for that district. Section 70~. Il~ a mistrict bo~dary line cuts a property having a single ownership as of record prior to Now~mber ~4, i~4~, all such property may take the least restrictive classii'ication proviCed she pr'ogerty is ~evelopem as one ~it. III. ~ ,~ ,a~ ~.~visions ~e b'~. C HAPT~{ I. COURTS. Section 800. In all buil~]ings hereai'ter erected or structurally altered all windows shall open upon a yard, court, street or alley as hereinaI'ter pro vi de d. Section 801. In no event shall any yard or court be made to serve two buildings, hereafter erected, or an existin6 building and a builuin[2 here- after erected. Section ~0~. Every court shall b e ol~en and unobstructt-,d to tt~e sfcy z'rom a point not more than two feet above the ~loor line oz' the lowest story in a building in which there are'~ndows 2'rom rooms or apartments abutting the s aid court and served by the said court, except that a cornice, belt course or similar projection on the buildin.[~ may extena into an "outer court~ two inches l~or each foot in width of such court, ana may extend into an "inner court" one inch l'or each such foot in width of such court; ~a provided further, that a cornice or similar ?rojection may extend any distance into a court provided the minimmu ~obstructed width of the court is maintained. Section 803. Inner Court. An inner court shall~ of a widsh not less than i'ive (o) feet nor less than sixteen i~er cent (lo?j) oz' the court height; provided 2'urther, that in no case shall a width oz' more than t'ifteen feet be required. A minira~n court lengt!t oI' one ~d one-haii' (1:::) tim~s the court width is req~.~ired. Section 804. Outer Court. An outer court shall be ol' a widt~t not less than Z'ive (5) 2'eet nora less than ten p~sr cent (10;~) f the court height; provided further, -that in no case shall a width oi' more than ten (10) z'eet be required. CHAPTER II. NON- CONFO ~II~INC~ Section ~00. The tawt'ul use of any building, lanm or premises existing prior to November Sz~, 19~2, although such use does not coni'orm with the pro- visions of this ordinance, may be continued; Out ix~ such non-conI'ormJ, n~ use is discontinued Z'or a perioa of one year or more, any Yurther use of those lands and premises shall be in conformity with the provisions of this ordi- nance. Seotion 9.01. ¥'~enever a use district shall be herea~ter changed, ~y' the~ existing non-confo~ing use may be continue~ under the ~e contritions as are provided in Section 900 of this Title. Section t~O~. Whenever a non-conforming use of a buil~ling, land or premises has been changed fora more restricted t~se or to a cont'orming use, such use shall not thereai'ter be changed to a less restricted use, unloss the district in which such building, lanai or premises is located is chanL:?d to a less restricted use. Section'~Ob. Any buildin~ which was partially occu[.~ied by a non-conz'orm- ing use prior to I'lovember 24, 1~42, may be re-constructed or altered; ~._~roviced that in the case of reconstruction the yard provisions of the uistrict within which the use may be located shall be complied with. Such reconstruction or alteration shall not increase the cubical content of such buildin6. 0R~)INAI,~CE i.[o. 17~,)2 (Con't.) Section ~30R. If a building con~ai~ing a non-conforming use is ~estro'ye~ by firs or otherwiss~ reconstruction may be permitted if .~said reconstruction is made within one year from the time of ~iestruction and provided, however, that th~ yard provisions of ~he district witl~in which the uss was located shall be complied with. Section ~08. Evidence of the existence of a non-conforming uss may established as provided in Section 100~.. CHAPTER III. CERTIFICATE OF Section 1000. No vacant tan~ shall be occupied or uss(~ ~d no ouildi~g hereafter erected shall be occupie(~ or used, nor shall the use of a buii(]ing be changed from a use limited to one district to 'ghat of any other cListrict as ~efined by this ordinance ~til a certificate of occupancy shall have been issued by the building inspector. Section 1OO1.' No permit for ~xcavation for any Oui!ming shall~ be issued before the ap~plication has been ma(~e for certificate of occupancy. Section 100~. Certificate of occupancy for the use of vacant lands or chugs in the uss of land as herein provided, shall o~ appliec~ Z'or bel'oz'~e such land shall be occupi.ed or used, an(~ a certificate of occupa~cy shall be issued within gert mays after the application has oee~ made, provided sucl~ use is i~ conformity with the provisions of these re~,julations. Section 100~. Upon a wrivt~n request of th~ owner, the ouilding inspec- tor shall issue a certil'icate of occupancy l'or any ~uildin6 or land existing prior to November S~, 19&2, or a~y builming or !an~[ heres~fter annexed go th~ City of Bremsrton, certifying, after inspection, the us~ of th~ building or land and whether , such use conforms to the provisions of the ordinance. ~here a plat as provided in Section 1~01 is not already on file, ~ application Z~or a certificate of occupancy shall be accompanied by a survey ind L~plica~e form, such as is required for a permit. TITLE IV. AIdEi~.'~ J3I'~'iE]"~T~ AND AP ? EALS. Ci~PTEi{ I. AI~'IEi'.~DldE?YPS ~AND RECLASSIFICATION OF DISTRICTS. Section 1100. Any owner of property or building may present to the Co]~- mission a petition ~;tuty sibyl;ned requesting an ~ena~asnt, supplemen% or change of regulations prescribed for such property for the purpose of reclassifica- tion, which shall bs referred to the Oonnnission, for a hearing the~eon. Section 1101. ~ p~tition for change of zone classification or ~istric5 boundary lines shall carry the consen5 of the own~rs of not less tha~ i'ift-.v-one (51;~) per cent (by area) of all property ~vithin a distance of two h~]n~]red (200) feet, streets and alleys e~icl~ded, of the proposed ~iistrict. Any property lying within a district of equal or less restrictive character than that petitioned:for, shall not be included in calculating areas on such ~eti- rich. Signatures so obtained do not make granting of a petition mandatory. Section 1102. The Co~maission shall ~cause an investigation to Se ma<ie of the matters in such petition, ~d if, in its oi:~inion after due investiga- tion and consideration of 5he facts set out in the petition and g~y comi~etent fac5s involving said property, said Conuaission believes that such chanie of district or exception is necessary anm not materially detrim~tal to public welfare nor th~ property of other p~rsons locate~i in Ct'~e vici~i~y thereof, the Cor~aission shall transmit to th~ City Council a report recom- mending the allowance of the petition. If no report is made witi~i~ a period of thirty (50) days after the filing ~f such petition, such failure shall desmea a disapproval of the petition. Section 110~. If the Corm;~ission disa~proves such petition a l~ostcard notice of such ~sapprova! shall be mailed to ~hs petitioner, and a~'~v such disapproval by ~he Co~m~issio~'~ shall be final, unless the petitioner w~..thin ten (10) days after the c~ate of mailing such notice of a~isapproval or within ten (10) days after the ex~>iration of thirty(50) days from the I'i!ini% of such petitio~, during which period the Conm~ission shall have failed to Sake actio~, ~shall appeal to the City Council by filin~2 the notice of appea! as provi,.led for in Section Section ll0a. The Co~ission shall hear only one such petition concern- ing a buildin~ or parcel of !3roperty in ~y one year. OROINANCE No. 179~ (0on't.) Section 1105. The r i~h'~ to initiate proceed-lings for the reclassification of property or the amendment, suprlementing or changJ, ng of regulations, or any ~enck~l~nt or amendments to any map or maps which are a part of this Ordinance, is hersby .reservefl to the City Council and the Commission. The hearings upon any such proceeding shall be ]~eid upon and a~ set out in this Ordinance and such other or a dditional%U~n~e~ t~Ye City~ Council or the Co~aissior may deem proper. Such reclassification, or ~mendment or ~en~ents of such map or maps may be made upon the r ecormnendation of either the City Council or the Co~m~ission if concurred in 'oy the other. Section 1100. Every ap~licant rot a chanye of zone, amendment or suo- plement or change of ref~;ulations shall bear all publication and advertising costs thereof and each application shall 0e accompanied by the s~_m~ of to guarantee the pa~m~ent thereof. Ct~PTER II. APFEALS 3ection 12oo. Any interested citizen or a~ninistrative officer of the City of Bremerton may appeal to the City Council z'rom any ruling of the Oom- mission pertaining to thed~anting or cieniai of any permit hereuncler appliea for, petition for reclassification or change of boundary lines, when such ruling is adverse to his interest, by filing with the secretary of the Uom- mission within ten (10) days from such ruling a written notice of appeal. Thereupon the secretary of the Conm~ission shall forthwith transmit to the City Council all papers and cloc~mtents constitutin~ the recora upon which the ruling appealed from was ma~e. The City Co~zcil shall, upon such notice to interested parties as it may ~ eem proper, hol{;~ a hearing, at which ~t may take and receive such further evi<.lence as shall s acm to it relevant or material Upon such an appeal, the City Council zhall have ~he power to overrule, alter or change ~y ruling of the Co~mnission poptaining to the granting or with- holding of the permit so ap:~lied for, r~classification of property or in district boundary lines; provided, a majority of the City Council, consist- inE' of two-thirds (2/3) of its memo<~rship, vote in favor of such alt.~ration or change of ruling. T I TLi~ V. A~ainistration and ]~nforcement. C~PTER I. INTE~PRETATIOi.i Section 1300. In in[;erpreting and applying the provisions of this ordi- nance they shall be held to be the minim~ roquirements for the promotion of the public health, safety, morals and ~ienera! welfare; therefore, where this or~linance imposes a ;~?eater z. es~riction upon ~he use of the buJ~ldJni~s or premises, or upon the height oY Ouil~ings, or requires latimer open spaces than are imposed or required by other laws, or~inances, rules or regulations, the provisions of this or~linance shat..t control. Section 1301. Furthermore, reco~):nizing that there are certain uses of property that may, or may not, be detrimental to 'the puOlic health, sarety, morals an~ general welfare, depenmin6 upon the z'acts of each particular c ese, a limited pov~'er to issue permits for su. ch uses is vested, by specific mention in this ordinance, in -thc Co~m~ission, suoject to review by the City Council as herein provided. Subject to such review, the Conm~ission (or the Co~mcil on review) shall have power to place in such permit conditions or limitations in its ju~t~lment~equired to s~cure adequate protection to the zone or locality in which the use is to be permitted. LiXewise subject to review, the Oo~aission (or the City Co~mcil on review) shall have power to terminate any such permit, upon complaint anu pu~:!ic hearins, for any violation or the terms or limitations therein prescribed. Section 1502. The Planning Commission zapf permit in a zone any use not described in this ordinance and ~eemem by the Co~m~ission to be.~.n keeping with the uses authorize~ in such zone. - Section 13Ob. The Com~ission may grant in un~:']evelope~_i sections of city, temporary and con{iitional permits for not more than two-year [~erious, for structures and uses tt~at .:lo not conform with ~;he ~.egulations herein prescriben for the zoned in which they are locate~J. .section 1304. !n specific cases the Co~m~ission under specific re~:julation~ may authorize 0y permit a variation or the application of the use or'~istrict regulations herein established, in harmony wivh their ~leneral p'ur!~ose anu intent, by granting a permit for a temporary ouil{~in~: or land use z'or co~m~erce 0ROlNANCE No. 1792 (Con't.} and industry in an undeveloped residence district, which is incidental to the residential development, such permit to be issued rot a period of not more t]:~an one year. _n~ .~?~ et the Section 1506. It shall be the d%]ty or the Consnission to i ~a-~- provisions of this ordinance in such a way as to carry oat the inten~ _and ~urposes of ~the~plan thereof~ as shown by tNo Na[}s fixinS the seven, Pal accempanyinS ~d maa{e a part or Chis oP{~inaNoe~ where the street layout ~1 the ground varies'from Ehe street la~ou~ as shown eT1 the maps aforesaid. Section 1S06. It s hall also be the duty of the Oo~ission to r~le on th~ proper application or Eo interpret tike men,linS of t}le zoning ordinance case there is a dispute between 'the ad~inistPative officials of 'the Git'/ a~[ an owners .or owner of property. Appeal to the Co~m'~ission may be made within sen da~s from such ~linS. ~ppellant shall file v~i~h ~she bt~.!ldinS and with the Co~lission written notice of the appeal. 'Phc bui].~ing inspector shall forthwith transmit ~o the Co~m'aissien all papers col~stitutinS the Fecor, d upon which the action appealed fPoNl was taken~ an,'~ in annition thereto -the Cer~m~ission may receive such a~itiona! evidence as seers ho it relevant. Section 1S07. In the case of the new areas annexed to the Cit}~ of Sremer- annexa ~l,~.n shall ton after November 24~ i~e2, tho efrecbive d ab~ of such in Sections 301, 311, 313, 328, 329, 404, 413, 9o0 ~u 003 instean of the 0ate November ~4, 1%~42. CHAPTER II. ENPORCEN[ENT. Section 1400. !t shall be the duty of the Building Inspector [or offi- cial in charge of issuing buildinp21 permits and inspection of Ouildings} to see that this ordinance is enforced tkroush the proper lesa! cl~annels. He issae no pe~m~it for the construction or alteration of any buildinf: or thereof ~tess the plans, specifications m-~d intended use or such builc. Jn:~ conform in all respects ~ith the provisions of this ordinance. Section 1401. Ail applications for buildina ~ermits shall be accompanied by a plat in duplicate drawn to scale, s~owin6 the actual dimensions or the lot to be built upo~, the size, use and location of existing buildings buildings to be erected, and such other information as may be necessary to pro- vide for the enforcement 0f this or~inance. A careful rocord of such apNlica- tions and plats s~all be k~pt in the office of the buildinS inspector or proper enforcement official. CHAPT62~ Iii. VIOLATION AN ~ Pi~NALPIRS. Section 15OO. It shall be unlawful and a violation of this ordinance for ~y person to use or occup'y any portion of any premises, any part of ~i~ich has been constructed, equipped or is used in violation of the provisions of this ordinance, ~ti! such unlawrut ~se has ceased and such. unlawful constructi~ and equipment has 'been removed. Aa]~ ~.remises which t~ave been construe[sod, equipped or used in violation or this ordinance shall be posted with a directing the vacation of the entire premises within ten (10) days from the date noted thereon. Any person removing~ such sign without the permission of the prop~r amthority shall be guilty of a mis{{emeanor, an~ will be su.~ject to the penalties provided in Section 1501 of this ordinance. Section 1501. Any person, firm or corporation who violates, ~isobeys, omits, neglects or. refuses to comply with or who resists the enforcement of any of the provisions or this ordinance shall be deemed guilty of a misdemeanor and shall be fined in any s~a not more than three h~dred (..~3300.o0) dollars, or imprisonment in ~e 0ity jail rot a term not to exceed ninety (90) mays, or by both s'uch fine and impriso~nnent, for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. C]-iAP T~.;ll IV. VALIOiTY. Section 1600. Should any section, clause or provision of this or{~inance be ~.eclared invalid by any court of competent jurisdiction, such invalidity shal not affect the validity of this orciinance as a whole or ~y part chereol' other than the part so declared to be invalid. Section 1601. Ail ordinances or parts of ordinances in conflict here- with including Orninance No. 1553 and all ordinances ~aen~latory thereto are hereby repealed, provided, however, ~that it is specifically intended that this oi-~:~inance is a reclassification and recodification of Ordinance No. lbSS as ~ended. Any prosecutions co~muenced under s aid or. dlnanoe or ~nendatory thereto shall not he abated oy reason of sucl~ ~en~aent, and pPovide~:~ Yurther that the location or any buildinS or ~lse of property wl~ich is in violatio~ of saio orc{inance 1553 an{~ the maps or 0ook of maps auop~ed by ORDINANCE No. 1V92 (Con't.) orciinanee shall not become valid nor become a non-con£'orming use by reason of its estabtis~uuent prior to the adoption of this or:3inance, and for s uc]~. purpose this ordinance is intended as to.the adoption of this ore,in,nee, a~ui ~'or such purpose tills ordinance is intendeds--as a re-enactment and recodificahion of said ordinance 158S, and it is further ingenues[ and provided t~at: (a) all districts heretofore classified as ~{esidential One Dist~icEs are likewise classified as Residential One Districts in uhis or~i- nance; (b) all districts heretofore classified as Residential Two Districts are likewise classified as Residential Two ~istricts in this ord~inan. (c) all Uistricts heretofore classified as Co~m~ercial One Districts are hereby reclassifiec~ as Business ~istricts; (d) all territory hereafter annexed to 'uhe City' of Bremerton sub- sequent to the passa~:te of this ordinance shall be automatically classified as t[esidential One ~istricts as of the~mte of such anne~a- tion until such time as area survey and use maps are made and such F~,:~ territory is reclassified in accor~ance ~¥ith the provisions of this ~~~' ordinance, in the s ~e ma~er 'Ohat all territory heretofore annexed to the City of Bremerton since the passable of Ordinance No. 1553, ~)~o has been so classified; providem, however, on November 2~t, .... , that ~y property in any area annexed to tl~e City of Bremerton that h~or~vio~r b~en ~oned~t~ i~esi.~?ktial~ by Kitsa~ proposed construction may be completed mn accordance wmt~ such per- mits, provided constr~ction is comprehended within 60 days from dabe of ~nexation, and provided all requirements of 'she Buildinal Codes of the City of Brsmerton and the fire prevention Ordinance of the National Board of l;'ire Underwriters as st~opte~..t by the City of Bremer- ton relative to such construction ape complied with. Section 160~. An emergency exists affecting the public peace, health, safety and general welfare of the citizen,s o~' the City of Bz'emerton, and this orclin~ce shall become e~'I'ective i~ediately following passage and publicatio}~. PASSED ~animously by the City Council of the City of Sremerton, signed by the Mayor and attested Oy the City Clerk, in authen'tication of such pas- sage this ~Sth day July, 1948. ATTEST: