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HomeMy WebLinkAbout1667 ORDINANCE NO. 1887 AN ORDINANCE amending Section 12 of Ordinance No. 1553, entitled, ~An ordinance to regulate and restrict the location and use of buildings and the use of land within the City of Bremerton; to limit the height of buildings; to prescribe building lines and the size of yards and other open spaces and for these pur- poses to divide the city into districts, and declaring an emergency"; providing for the granting of special permits for private garages, and declaring an emer- gency: THE CITY OF BREMERTON DOES ORDAIN: Section 1. That section 12 of Ordinance No. l~SZ entitled as above set forth, be and the same is herby amended to read as follows: "Section 12. Interpretation and Application. 1. In interpreting and applying the provisions of this ordinance they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare; therefore, where this ordinance imposes a greater restriction upon the use of the buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other laws, ordinances, rules or regulations, the provisions of this ordinance shall control. 2. Furthermore, recognizing that there are certain uses of property that may, or may not be, detrimental to the public health safety, morals, and general welfare, depending upon the facts of each particular case, a limited power to issue permits for such uses is vested, by specific mention in this ordin- ance, in the Commission, subject to review by the City Commission as herein ~ provided~ Subject to such review, the Commission (or the City Commission on review) shall have power to place in such permit Conditions or limita- tions in its judgment required to secure adequate protection to the zone or locality in which the use is to be permitted. Likewise subject to re- view, the Commission (or the City Commission on review) shall have power to terminate any such permit, upon complaint and public hearing, for any violation of the terms or limitations therein prescribed. 3. The Planning Commission may permit in a zone any use not described in this ordinance and deemed by the Planning Commission to be in general keeping with the uses authorized in such zone. 4. The Commission may grant in undeveloped sections of the city, temporary and conditional permits for not more than two-year periods, for structures and uses that do not conform with the regulations herein prescribed for the zones in which they are located. 8. In specific cases the Commission under specific regulations may authorize by permit a variation of the application of the use of district regulations herein established, in harmony with their general purpose and intent, by granting a permit for a temporary building or land use for commerce and industry in an undeveloped residence district, which is incidental to the residential development, such permit to be issued for a period of not more than one year. 8. The Commission may, in specific cases where the topography of the premises or the location of buildings existing prior to the passage of this ordinance makes compliance with the provisions governing the location of private gar- ages impossible, grant a special permit for a private garage to be located nearer to the street line than main structure, but in any case where such location is within a required front or side yard, the highest point of a building so located shall not be more than thirty (~0) inches above the average level of the ground on the side farthest from the street line. The Commission may also grant a special permit for a private garage to be located nearer to the street line than the main structure, where there is no alley to the property, and where the topography of the property slopes down at an angle greater than ~8 degrees within 20 feet of the front pro- perty line, but in no case shall the front line of such garage be closer than B feet from the front property line. ?. It shall be the duty of the Commission: (a) To interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan thereof, as shown by the maps fixing the several districts accompanying and made a part of this ordinance, where the street layout actually on the ground varies f~om the street lay- out as shown on the maps aforesaid. (b) To rule on the proper application or to interpret the meaning of the zonin ordinance in case there is a dispute between the administrative officials of the City and any owner or owners of property. Appeal to the Commission may be made within ten days from such ruling. Appellant shall file with the building inspector and with the Commission written notice of the appeal. The building inspector shall forthwith transmit to the Commission all papers constituting the record upon which the action appealed from was taken, and in addition thereto the Commission may receive such additional evidence as seems to it relevant. Section 2. That an emergency exists affecting the public health, safety and welfare o£ the City of Bremerton and this ordinance shall take effect immediately following passage and publication. PASSED by the City Council of the City of Bremerton, signed by the Mayor, and attested by the City Clerk in authentication of such passage, this 15th day of April, 1946. Mayor ATTEST: Third paragraph of Section 12, part 6. The Commission may also grant a special permit for a private garage to be located closer than 60 feet from the street line where there is no alley to the property and where the topography of the property slopes down to such an extent as to be impractical to build a garage 60 feet back from the street line, providing, however, that said garage shall be located as far as practical from the street line, as determined by the Planning Commission.