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HomeMy WebLinkAbout1499 ORDINANCE No. 1&99. AN ORDINANCE to regulate and restrict, the location and use of buildings and the use of land within +.he City of ~remerton; to limit the height of buildings; to prescribe building lines and the size of y~ard and other open spaces and for these purposes to divide the c~ty ~nto districts. The City Comanission of %he City of Bremerton do ordain as foilows: 9cotton 1. (1) This ordinance shall be known as'~he ~oning Ordinance o£' the C~+.y of ~re~er%on." (2) This ordinance shall consist of the text hereof and of that certain map or book of maps identified by ?he approv~ing signatures of the ~!~yor and City Clerk on the title page and marked and designated as "The t!aps of' the Zoning Ordinance of the f/~ty of ?remerton," which map m~ps or book is now on file in the office of the City Clerk of this City. Said book of maps has been heretofore' examined in detail by the Commission and is hereby adopted as a part of this ordinancs Said ordinance, and each and all of its terms, is to be read ~Dd interpreted ~n the light of the contents of said book of maps. Ii' any 6onflict between the map, maps or book of maps ~n~ the text of this ordinance is deemed to arise, the text of the ordinance shall prevail. Section 2. DEFINITIONS: };'or the purpose of this ordinance certain words and terms are defined ss follows: ?~'ords used in the present tense include the future; words in the singular number include the plural and -fords in the piur~i number include the s~ngular number. 7fords not defined herein shall be construed as defined in the huitdin~ ordinance of the City of ~k~enerton if ~efined therein. (I) "Accessory Use or ]~uilding"; A subordinate use or building customarily incident to and located upon the same lot occupied by the main use or building. (2) "Alley": A vehicular right of way not over twenty feet wide. (3) "Apartment House"; A building or portion thereof used or intended to be used ~ the home o~ three or more la,allies or house-holders l~v~ng independently of e~ch other. (4) "Court"~ An open, unoccupied space other than a y~rd on the lot on which a building is erected or situated. A court, one entire si~e or end of .wh~ ch is bound by a front yard, a rear yard, or a side yard, or by the front o~ the lot, or by a street or public alley, is an "outer court". Every court v~hicb is not ~n "outer court" is an "~ner court". (5) "Court Height": %he court height shall be measured from a point two feet above the floor line of the lowest story in the building i~ which there are windows from rooms serv~ by the said court, to the highest point o£ the enclosing walls os' the said court. (6) "Established Grade": ~he sidewalk grade at the front lot line as estab- lished by' the City Oon~mission. (7) "Family": Any number oi' related individuals, but no more than five ~5) unrelated persons, living together as a single housekeeping unit~ and doing ~i~eir cooking on the premises. (8) "Height of Building": The height o±' a building is the vertical distance at the center of a building's principal front, measured from the established grade to the hi~hest point of the roof beams in the case of' flat roofs, to the deck line of mansard roofs, or to the center height between eaves and ridges for gable, hip or gambrel roofs. ~br buildings set back from the street line, the height may be measured from the ~verage elevation of the finished grade, along the front of the building. (9) "Lot": Ira. nd occupied or to be occupied by a building and its accessory buildings, includJ, ng such open spaces as are required under this Ordinance, and having frontage upon a street or alley. (10) "Public Garage": Any premises used for the storage or housing of more than three steam or motor-driven vehicles, or where such vehicles are repaired or kept for hire or sale. (11) "Front Yard": The open unoccupied space on the same lo% ~ith a building between the front line of the but!ding (exclusive of steps) ard the front propert~ line. (12) "Front Froperty Line": The "front property line" shall be the fIont lot line as sho~ upon the official plats of the property. (1~) "No%ice of Public Hemring": Not~ce of public he, ring shall be a publica- tion of a notice signed b~ either the President or the Secretary of %he Commission published in the official city newspaper once a week for s period of two weeks preceding the he~rin&. The Commission may give such additional notice ur notices as may seem proper in its discretion. (14) "Public Hearing"; An~ meeting of the Commission shall be deemed to be a public hearing. (15) "Rear Yard": An open unoccupied space on the same lot with a building between the rear line of the building ~exclusive of steps, porches and accessory building) and the rear line of the lot. (16) "Side Yard~. An open unoccupied space on the same lot with a building, between the side wall line of the build~ng and the side line o:L' the same lot. (17) "Single-family Ik~elling": A building arranged or designed to be .occupied by not more than one family. (18) "Story": ~hat portion of a building included between the surface oi' any floor and the surface of the floor next above it, or if there be no floor above it, then the ~pace between such floor and the, ceiling next abov~ it,. (19) %therever the term "this ordinance" is used herein it shall be deemed to include, ~bere the context permits, any and all amendments thereto as the same may hereafter from time to time be'adopted. (20) Nherever the word "Commission" is used herein, it shall be deemed to refer to the C~ty Planning Commission, unless distinctly stated City Com~ssion. Section' 3. USE DISTRICT: ~he City of ~remerton is hereby divided into three types of use districts as follows: 1. Residential One district (R-1 is symbol on maps!. 2. Residential %ye district (~-2 is symbol on maps). 3. Commercial One district (C-1 is symbol on m~ps). Section 4. R-l, Residential One District. In the R-l, Residential One District., no building or premises shall, be used, and no building shall be hereafter erected or structurally altered, ,~nless otherwise provided in this ordinance, except for one or more of the following uses; 1. One and two family dwellings. 2. Libraries and art galleries. Parks and playgrounds (includJm~ park buildings) 4. Qa) Accessory buildings, such as are ordinarily appurtenant to single-family dwellings, shall be permitted, including one private garage to each family, w~-~en located not less than sixty (60) feet from the front line nor less than twenty Q20) feet from any flanking street line, unless attached to or within the dwelling. (b) The office of' a physician, dentist or other professional person when located in his or her dwelling, also home occupation engaged in by individuals w~thin their ¢~ellinzs are per- mitted provided that no ~window display ds made or any sign shown other than one not exceeding two square feet in area and hearth& only the name sad occupation of the occu?.aut. The renting ot' rooms for lodging purposes only, for the acco~mnodation of not to exceed four Q4) persons, in a single-family dwelling is likewise permitted. (c)~ signs not exceedin~ slx (6) square feet in area pertainJ.~ r~o the l~asing, rental oP sale of buildings or premises are permJtted; signs on non-conformJng uses are likewise per.~itted, provided however, that .such signs shall be erected] flata~'~nst, the buildin~ or painted upon the sides thereof; all other signs, signboards and billboards are prohibited. (d) Nothing herein contained sh~!l be deemed to prohibit the use of vacant property ~or gardening or fruit raising. (e) No trailer shall be use~ ns a place of habitation, but may be stored in an accessory building on the property. (f) A nursery or greenhouse uny be located ~%thin an l~-l, Residential One Distr~ct, by special permit for a period of not more than ten years, issued by the Co~mission, after public hearing and e×amtnation of the location and the making of a finding by the Commission that such nursery or greenhouse may be madutained for such period without undue detriment to adjacent end surrounding proper ty. (g) Telephone exchanges and electric substations and s~milar uses of public service corporations may be permitted by special permit' from the Commission, provided such building s,~mll conform to and harmonize with surrounding buildings as to type o~' architecture, set-back and land- scaping. Comple.e plans showing elevations and location on the lot, together with the location of of adjoining residential buildings must be submitted to the Commdssion with application for permit. (h) Churches and schools (either public or private) may be allowed by special permit from the Con~nission after public hearing and examination of the location upon due proof to the satis- faction et7 the Commission that such .~chool or church will not be unduly detrimental to ~djacent and surrounding property. ORDINANCE NO. 1499, (cent). FROIff YARD: q]~,ere shall he a front yard having s minimum depth of twenty (20) feet. If fifty (505 per cent of the block on a front foot basis has been built up vd. th a setback of less than twenty (20) feet, then the construction in said block may be allowed to conform to the existing set back. tL~R YARD: There shs]l be a rear yard having a minimum depth of twenty-five (25) feet, except that on a lot which .~ s a com?lete unit held under separate and distinct ownership f~om the adjoining lots and of record prior to the taking effect of this orddnance, t. his depth of rear yard may be reduced if necessary to such extent only as w~ll permit a buildi~% depth of thirty ~30~ feet. SIDE YA~ID: There shall be a side yard of not less than five (5) feet in width on each side of a building, but if fifty (50) per cent of 'the block on s front foot basis bas been built up with all of the structures having s~de yards of three (3) feet in width, then the new construction in said block may be allowed to conform to the three foot side yard. SiTE A[IEA: Every buildin~ hereafter erected or structurally altered Ydnich is located in an R-l, Residential One District, shall provide lot area of not less than forty-eight hunk'!red (480 sq. ft. with a m~nimum v,idth of f~fty ~50) feet for the single-family dwelt~ng and an additional one thousand (1000) sq. ft. land area for an additional family or housekeeping unit.. Sixty-five (~5~) per cent of the area of all sites must be left in open spaces free of structures. Provided, however, that. where a lot has less area than herein required, as shown by the last conveyance of record at the time of passage of this ordinance, this regulation should not prohibit, one (1) prdvate dwell- icg and its accessor~y buildings on such lot. HEIGHT LIMIT: No building shall exceed height of thirty-five (35) feet, nor more 'than two (2) stories. Section 5. R-2, Residential ~o District. In the R-2, Residential ~o District, no building or premises shall be used snc] no building shall be hereafter erected or structurally altered unless otherwise provided in this ordinance, except for one or more of the fo/lowing uses: 1. Any use permitted in the R-I, Residential One District. 2. Dwelling groups, multiple family dwellings. Apartment houses. 4. Boarding r~d' lodging houses. 5. Churches. Schools, ?. Hospitals ~d sanitariums except those for inebriates, the insane, or those suffering from mental diseases; subject to the regulations of the Health Department. 8. tnstitutfons Ibr educational, ohilanthropic or eleemosynary uses other than correction. 9. rrivate clubs, fraternities and lodges, excepting those the chJef activity of which is a service customarily carried on as a business. 10. Nurseries and greenhouses. 1t. Public garages for storage purposes only may be allowed by special permit issue8 by the Commission after ~ublic hearing and e~amination of the location, upon due proof to the satisfac- tion of the Commission that such public garage will not be unduly detrimental to adjacent and sur- rounding property. Nothing in this paragraph shall be deemed to prohibit the servicing of patron~' cars with gasoline, oils, washing and similar services within such public storage garage: provide~!~ however, that no signs or advertising of such uses be displayed without the building. FRONT YARD: There shall be a front yard having a minimum depth of twenty (20~ feet. If fifty (~ig) per cent of the block on a front foot basis has been built up with a setback of less than twenty Q20) feet, then the construction in said block may be allowed to conform to the existing setback. SIDE YARD: For buildings of two (2) stories or less in height, side yard requirements for R-i, Residential One b~strict, shall apply. For buildings more than two stories in height, the widt~ of the side yards shall be increased by one (1) foot for each additional sto~. This addi- tion~] side yard is not required for the side of a corner lot on ~ flanking street. i~EAR YARD: There shall be a year yard having a minimum depth of fifteen (15) feet, except that on a lot which is a complete unit held under separate and distinct ownership from the adjoining lots and of record pr~or to the taking effect of this or~]inance, ~nd having an alley in the rear, this de~th of rear yard may be reduced if necessary to such extent only as will permit s buildings depth of thirty (30) feet. SI~tSJ AREA: ~unga!ow courts, dwelling groups, multiple family dwellings and apart- ment houses shall have a lot area of 4800 sq.ft, for the first two (2) families and an additional lO00 Sq. ft. of land area for each additional family or housekeeping unit. Forty (40%) per cent of the area of all sites must be left in open spaces free of st~ctures. HEIGHT LIMIT: No building shall exceed a height limit of forty-five (45) feet nor more that four (4) stories. ORDINANCE NO. 1499 (cont.) Sect~.on 6. C-l~_Commercial One District. in the C-l, Commercial One District, no building or premises shall be used and no building shall 'be hereafter erected or structurally altered, unless otherwise provided in this ordinance, except for one or more of the following uses: 1. Any use permitted in the Residential Districts provided regulations pertaining thereto as heretofore provided~ are complied with, namely: site area, open space, yards, height limit and permits. 2. Retail stores and shops, limited to uses needed to serve a residential district, such as grocery store, meat shop, retail bakery, drug store, confectionery store, personal service stores or parlors, moving picture theatres and uses similar to the above. 3. Public garages, service stations, recreational enterprises and advertising de- vices may be allowed by the Commission by special proof to the satisfaction of the Conzmission that the location thereof will not be unduly detrimental to adjacent and surrounding property. 4. Undertaking parlors shall be limited to the area beginning sixty (60) feet west of Pacific Avenue, thence to Park ;%venue, and between 8urwell and Sixth Streets, and in such other locations as may be approved by the Commission by petition and hearing. 5. Auto wrecking places, lumber yards, coal and fuel yards, storage yards, provided that when unhoused they shall be surrounded by an eight (8) foot solid wall or sight-obscuring fence known herein' as a structure, and the yard regulations of this district shall be observed; and provided further that no such auto wrecking places, lumber yards, coal and fuel yards shall be maintained closer than one hundred (100) feet to the side lines of an R-l, Residential One District. 6. Any other uses except the following: Any kind of manufacture, production or treatment other than manufacture, produc- tion or treatment of production clearly incidental to the conduct of a retail business con-. ducted on the premises. (1) Abattoirs. ~2) Acetylene gas manufacture or storage. (3) Acid manufacture. (4) Alcohol manufacture. (5) Ammonia, bleaching powder or chlorine manufacture. (6) Arsena 1. (7) Asphalt manufacture or refining. (8) Bag cleaning. (9) Blast furnace. (10) Boiler works. (ll) Brick, tile or terracotta manufacture. (12) Candle manufacture. (13) Cereal mills. (14) Celluloid manufacture. (15) Coke ovens. (16) Cooperage works. (l?) Cotton gins. (18) Crema tory. (19) Creosote treatment or manufacture. (20) Disinfectants manufacture. (21) Distillation of bones, coal or wood. (22) Dyestuff manufacture. (23.) Explosive manufacture or storage. (24) Exterminator and Insect foison manufacture. (25) Emery cloth and sandpaper manufacture. (26) Fat Rendering. (27) Fertilizer manufacture (28) Fireworks or Explosive manufacture or storage. (29) Fish Smoking and Curing. (30) Flour Mills. (31) Forge Plant. (32) Gas (illuminating or heating) manufacture. (33) Glue, Size or Gelatine manufacture. (34) Grain Elevator. (35) Gunpowder manufacture or storage (36) Horse Barns. (37) Incinerator or Reduction or Garbage, Dead Animals, Offal or Refuse. (38) Iron, Steel, Brass or Copper Foundry. (39) Lamp Black manufacture. (40) Lime, Cement Gypsum manufacture (41) Machine Shops. (42) Match manufacture. (43) Oilcloth or Linoleum manufacture ORDINANCE NO. 1[~9, (cont) (~/~) Oiled, Rubber or Leather Goods manufacture. (~5) Ore Reduction. (46) Paint, Oil, Shellac, Turpentine or Varnish manufacture. (47) Paper and Pulp manufacture. (48) Perf~nne manufacture. (49) Petroleum products, Refining er Wholesale storage of Petroleum. (5©) Planing Mills (except small woodworking plants). (51) Plating Works. (52) Potash Works. (~) Printing Ink manufacture. (5~) Pyroxlin manufacture. (55) Rock Crusher. (56) Rolling ~il!. (57) i~bber or Gutta Percha manufacture or treatment. (50) Salt Works. (59) Sauerkraot manufacture. (60) Sausage manufacture. (61) Shoe Blacking manufacture. (62) Smelters. (63) Soap manufacture. (6~) Soda and Compound manufacture. (65) Stock Yards. (66) Stone ~ill or Quarry. (67) Storage or Bailing of $cra[~ Paper, Bottles, Iron, Rags or Jnnk. (68) Stove Polish manufacture. (69) Sulphuric, Nitric or Hydrochloric Acid m~ufacture. (70) Tallow, Grease or Lard mmuufacture or refining fr~n animal fat. (71) Ta~n~ing, Curing or storage of Raw Hides or Skins. (72) Tar Distillation or manufacture. (73) Tar Roofing or Water Proofing manufacture. (7~) Tabaecc (chewing~ manufacture or treatment. (75) Used Car Junk Yards. (76) Vinegar Manufacture. (77) Wool Pulling or Scouring. (78) Yeast Plant. (79) And in general those uses ~hich have been. declared nuisances in any court of record, or which may be obnoxious er offensive by reason of emission of odor, dust, smoke, gas or noise. .Provided, that since there are certain types of the foregoing uses which ~ay or may not b,~ obnoxious by reason of emission of odor, dust, smoke, gas, noise or other causes, depending upon the size and methods of operation of the use, the Co~nission shall have the power to grant special conditional ~d revocable permits for any of the fore~oing uses within a C-l, Commercial District, after public hearing ard exmmination of the location, upon due proof to the satisfaction of the Con,mission that 'the ~aintenance of the proposed use will not be onduly detrimental to adjacent and surrounding property. HEIGHT LIMIT: Whenever any C-l, Commercial One District, is located within or is adjacent to, on two or more sides, any R-l, Residential One ~tstrict, the buildings in such C-l, Commercial District, shall be limited to one (1) story in height, provided however, that the Commission may allow a building to be erected to an additional height not exceeding two add- itional stories, by special permit after public hearing and examination of the location upon due proof to the satisfaction of the Commission that such additional height will not be unduly detrimental to adjacent and surrounding property. No bui!ding shall exceed a height of forty-five (45) feet nor four stories. FRONT YARD, SIDE YARD: No yards are required except for lots whose side line is adjacent to a residential district'S' where said side yard shall then be five (5) feet. GEneRAL PROVISIONS Section 7. Front, Side and Rear Yards 1. Front Yard: Where an~ front yard is required, no building shall be heresfter erected or altered s0'"%hat any portion thereof shall be nearer the front property line than the distance indicated by the depth of the required £ront yard. Exceptions: Eaves, cornices, steps,, terraces, platforms and porches having no roof covering and bei~"~ot over forty-two inches in height may project within the said front yard. Fences not over forty-two (42) inches high may be built within a front yard. When fifty (50%) per cent or more, on front foot basis, of all the property on one side of a street between two intersecting streets at the time of passage of 'this ordinance, has been built up with build- ings having a minimum front yard of more or of less depth than that established by this ordinance and provided that the majority of such front yards do not vary more than six feet in depth, no building shall be built within or shall any portion, save as above excepted, pro- ject into such minimum front yard; provided further, that no new buildings be required to set back more than thirty-five (35) feet fr~a the street line in the R-l, Residential District, nor more than two (2) feet farther than any build~.ng on an adjoining lot au~t that ORDINANCE NO. 1~99, (cent) this regulation shall not be so interpreted as to reduce a required front yard to less than ten (10) feet in depth. 2. Side Yard: Where any specified side yard is required, no building shall be hereafter erected or' ~tered'%o that any portion thereof shall be nearer to the side lot line than the distance indicated by the width of the required side yard. Exceptions: Eaves and cornices may extend over the required side yard for a distance of not more than two (2) feet. Accessory building s when erected so that the entire building is within a distance of thirty (30) feet from the rear lot line, may also occupy the side yard on an inside lot line. Fences not over forty-~wo (~2) inches high may occupy a side yard. The Commission may upon the joint request of the owners of adjoining properties, permit the erection of private garages or other outbuildings upon or immediately adjacent to the division line between the two properties, after an examination of the location and the making of a finding that the granting of such permission will not be unduly detrimental to adjacent and surrounding property nor to the zone in which such per~.ission is granted. Permits granted under the foregoing provisions shall be limited to the life of the structure or structures for which the permit is issued. 3. Rear Yard: V~ere any specified rear yard is required, no building shall be hereafter erected or' altere~ 'so that any portion thereof may be nearer to the rear lot line than the distance indicated by the depth of the required yard. Exceptions: Eaves, cornices, steps, platforms, and rear porches whether enclosed or not, but ~g in width one-half that of the building nor more than one story in height, ~ay extend into the rear yard. Accessory buildings may be built within a rear yard; provided the required total open space area is not reduced; No accessory building shall cover more than 50~ of the area of the rear yard. ~. Off-Street Parking: For each faultily residing on a lot, space shall be provtded on such lot,'~irectly accessible to a thoroughfare, for the parking or garaging of at least one non-commercial vehicle. A dwelling for more than two families shall be provided with a private yard area surfaced with gravel or better, or garage space or both, on the lot sufficient in size For the accomoda- tion at one time of as many motor vehicles as there are families provided for. For every structure, or part thereof, principally used as a theatre, auditori~% or other similar place of public assembly, there shall be provided and maintained accessible off-street parking space for the storage of self-propelled passenger vehicles on the basis of 200 sq. for each l0 seats of the total audience seating capacity of the building, structure, or part thereof, within 500 feet thereof. No commercial building or structure shall be erected or land used for any purpose which will cause customers, employees or residents to park their vehicles of transportation for one hour or longer, unless space for such parking is provided and maintained. All buildings hereafter erected for commercial use shall provide on the lot a s~ace off the public right-cf-way, street or alley for the loading or unloading of commercial vehicles. Section 8. Extension of Non-Conforming Uses. Any use not excluded from the C-l, Commercial District, which is a non-conforming use in any district in the City, may be reconstructed or altered upon any tract of land held under one ownership and partially occupied by said use at the time of the passage of this Ordinance; provided, that in the case of reconstruction the yard provisions of the district within which the use may be located shall be complied with. The Reconstruction or alteration of any non- conforming use shall not increase the cubical content of such building. In case of destruction by fire or other cause, reconstruction may be permitted if said reconstruction is made within cne year ~'rom tim~ of destruction and provided, however, that the yard provisions of the district within which the use wgs located shell be complied with. Section 9. Ownership divided by a District Boundary Line. If a district boundary line cuts a property having a single ov~,ership as of record at the time of passage of this Ordinance, all such property 'may take the least restrictive classifica- tion provided the property is developed as one unit. ORDINA~¢E NO. 1[~99 ( cont ) Section 10. Private Garages Private garages in R-I, Residential One District, shall be limited to nine(9~) per cent of the lot area; provided, that nothing in this regulation be construed to prevent the building of a private garage of not more than two (2) car capacity, and not in excess of 200 sq. Ft. in area, where the above limitation does not allow the construction of a garage on any lot or plot of record at the time of passage of this Ordinance. Section ll. C curt s In all buildings hereafter erected or structurally altered, all windows shall open upon a yard, court, street or alley as hereafter provided. In no ~vent shall any yard or court be made to serve two buildings hereafter erected, or an existing building and a building hereafter erected. Every court shall be open and unobstructed to the sky fro:,~ a point not more than two feet above the floor line of the lowest story in a building in v~hich there are windows fror~ rooms or apart.nents abutting the sadd court and served by the said court, except that a cornice, belt course or similar projection on the building may ex~end into an "outer court" two inches for each foot in width of such court, and may extend into an "inner court" one inch for e~ch such foot in width of such court; and provided further, that a cornice or similar projection r, ay extend any dista~ce into a court ~_:rovided the minimur~ unobstructed width of the court is maintained. ILU~rER COURT: An inner court shall be of a width not less t}mn four (~) feet nor less than sixteen ~!-~-per cent of the court height; provided further, that in no cese shall ~ width of more than twenty (20) Feet be required. A minimum court length of one and one-half (1,~) times the court width is required. OUTER COURT: ~m outer court shall be of a width of not less than four (~) feet nor less t'h~ah' ten ["!'O')' per cent of the court height; provided further, that in no case shall a width of more than ten (lC) feet be required. AD}~INISTRATIOH AHD ENFORCE],IENT 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 publi~': health, safety, morals and genera], 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 th~ are imposed or required by other la~s, 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 heal. th, safett?, morals, and general welfare, depending upon the Facts of each particular case, a limited power to issue per,'nits For such uses is vested, by specific mention in this ordinance, in the Co~mnission, s~.~bject to review by the City Co~mission 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 limitations in its judgment required to secure ~dequate protection to the zone or locality in which the use is to be permitted, Likewise subject to review, the Co~.mnissiou (or the City Comwission on review) shall have power to terminate any such permit, upon complaint and public hearing, for any violation of the temns or limitations hherein prescribed.. 3. The Planning Commission may permit in a zone s~y use not described in this ordinance and deemed by the Planning Co~nission to be in general keeping with the uses authorized in such zone. 4. The Con~,~ission may grant in undeveloped sections of the city, temporary and con- ditional 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. 5. In specific cases the Co~mmission under specific regulations may authorize by permit a variation of the ai~f~lication of the use district regulations herein established, in harmony with their general purpose and intent, by granting a permit for a temI~orary build- lng 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 net more than one year. ORDIN,~;CE NO. 1299 (cont) 6. The Connnission may, in specific cases where the topography of the premises or the location of buildings existing prior to the p~ssage of this ordinance makes compliance with the provisions governing the location of private garages 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 (30) inches above the average level of the ground on the side farthest from the street line. 7. 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 ordinmnce, where the street layout actually on the ground varies from the street layout as shown on the maps aforesaid. (b) To rule on the proper application or to interpret the meaning of the zoning ordinance in case there is a dispute between the administrative officials of the City and any owners or owner of property. Appeal to the Co~aission may be made within ten days from such ruling. Appelant 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 13. .iPPEALS TO CITY C0}~ISSION Any interested'citizen or ad~,inistrative officer of the City of Bremerton may appeal to the City Commission from any ruling of the Commission pertaining to the granting or denial of any permit hereunder applied for, petition for re-classification or change of boundary lines, when such ruling is adverse to his interest, by filing with the secretary of the Co~nission within ten (lO) days from such ruling a written notice of appeal. Thereupon the secretary of the 9o~ission shall forthwith transmit to the City Commission all papers and documents con- stituting the record upon which the ruling appealed from was made. The City Cor~mission shall, upon such notice to interested parties as it may deem proper, hold a hearing, at which it may take and receive such further evidence as shall seem to it relevant or material. Upon such an appeal the City Commission shall have the p~er to overrule, alter or change any ruling of the Co~ission pertaining to the granting or withholding of the permit so applied for, re-classifi- cation of property or change in district boundary lines; provided, a majority of the City Commission, consisting of two-thirds (2/3) of its membership, vote in Favor of, such alteration or change of ruling. Section 14. BOUNDARIES OF DISTRICTS. 1. The boundaries of the various districts shall be shova~ on the Use and Area maps accompanying and hereby made a part of this ordinance. The said district boundaries are, unless otherwise indicated, the center lines of streets, alleys or lot lines, as shown on the said maps. Where the location of the boundaries in such district, as indicated on these maps, are shown to be other than street, alley or lot lines, then such boundary shall be construed to be distance cue hundred twenty (120) feet from and paraliel with the frontage street line, unless shown to be otherwise by a distance in figures. 2. Where the street layout actually on the ground varies from that shown on the Use or Height District maps, the designations shown on the maps shall be applied by the Co~nission to the Street as actually laid out so as to carry out the intent and purpose of the Zoning Plan for that district. Section 15. Enforcement. It shall be the duty of the Building Inspector (or official in charge of issuing building permits and inspection of buildings) to see that this ordinance is enforced through the proper legal channels. He shall issue no pemait for the construction or alteration of any building or part thereof unless the plans, specifications and intended use or such building conform ~ all respects with the provisions of this ordinance. Plats: All applications for building permits shall be accompanied by a plat in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size, use and location of existing buildings and buildings to be erected, and such other information ~s may be necessary to provide for the enforcement of this ordinance. A careful record of such application and plats shall be kept in the office of the building inspector or proper enforcement official. ORDINANCE NO. 1~99 (cent) Section 16. Amendments. 1. Any owner of property or building may present to the Commission a petition duly signed and ac~mowledged requesting an amendment, supplement or change of regulations prescribed for such property for the purpose of re-classification, which shall be referred to the Co~aission, for a hearing thereon. 2. A petition for change of zone classification or district boundary lines shall carry the consent of the owners of not less than fifty-one (51) p~r cent (by area) of all pro~rty within a distance of two hundred (200) feet, streets ~ld alleys excluded, of the proposed district, and having frontage upon any street passing through or adjoined by the proposed district. In calculating such areas the portion of any property lying at a distance or more than one hundred fifty (150) feet. from a street upon which its frontage, for the purpose of this section, is based, shall be excluded and not considered in the petition. Jmy property lying within a district of equal or less restrictive character than that petitioned for, shall no't be included in calculating areas on such petition. Signatures so obtained does not make granting of petition mandatory. 3. The Commission shall cause to be made an investigation of the matters in such petition end if, in its opinion after due investigation and consideration of the facts set out in the petition and any competent facts involving said property, said Commission believes that such change of district or'exception is necessary and not materially detrimental to the public welfare nor the property of other persons located in the vicinity thereof, the Co,emission shall transmit to the City Commission a report recommending the allowance of the petition. If no report is made within a period of thirty (30) days after the Filing of such petition, such failure shall be deemed a disapproval of the petition. ~. If the Commission disap?roves such petition a postcard notice of such disapproval si,al! be mailed to the petitioner, and any such disapproval by the Co~muission shall be final, unless the petitioner within ten (lO) days after the date of mailing such notice of disapi~roval or within ten (10) days after the expiration of thirty (30) days from the filing of such petition, during which period tho C¢,=~iss~on shall have failed to take action, shall appeal to the C~ty Co~mission by filing the notice o£ appeal as fu'ovided for in Section 13. 5. The Commission shall hear only one such petition concerning a building or parcel of property in one year. 6. The right to initiate proceedings for the re-classification of propert~ or the amend- merit supplementing or chansonC of regulations, or any ~qtendment or ~nendmeots to any map or maps which are a part of this Ordinance, is hereby reserved to the City Commission and the Commission. The hearings upon any such proceeding shall be held upon and after publi~t notice as set out in this Ordinance and such other or additional notice to the property owners in the area involved or concerned by s~ch amendment or change as the City C~m~i. ssion of the Co~-aission may deem proper. Such re-clessifications, or smendment or amendments of such map or ~mps may be made upon the recommendation of either the City C~rtissio~ or the Com~aission if concurred in by the other. Section 17. Completion and Restoration of Existing Buildings. Nothing in this Ordinance shall prevent the restoration of a building within a period of coo year from the date of its destruction, which has been partly destroyed by fire, or other cause, subsequent to the passage of 'this Ord~_~ance or prevent the continuance of the use of such buildings, or part thereof. The lawful use of the land existing at the time of the passing of this ordinance, although such use does not conform to the provisions of this ordinance, may be continued; but if such non-conforming use is discontinued for a period of one year or more, any further use of those lands and premises shell be in conformity with the provisions of this ordinance. Section 18. Certificate of Occupancy. No vacant land shall be occupied or used and no building hereafter erected shall be occupied or used, nor shall the use of a building be changed from a use limited to one district to that of any other district as defined by this ordinance until a certificate of occupancy shall have been issued by the building inspector. Ne permit for excavation for any building shall be issued before the application has been made for certificate of occupancy. Land: Certificate of occupancy for the use of vacant lands or the change in the use of land as herein provided, shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within ten days after the application ~as been made, providing such use is in conformity with the provis~ons of these regulations. ORDINANCE NO. 1~99 (cent) Non-conforming uses: Upon a written request oF the owner, the building inspector shall issue a certificate of occupancy for auy building or land existing at the time this ordinance takes effect, certifying, after inspection, the use of the building or land and whether such use conforms to the provisions oF the ordinance. ~here a plat as above provided is not already on file, an application for a certificate of occupancy shall be accompanied by a survey in duplicate form, such as is required for a permit. Section 19. Validity. Should any section, clause or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. Section 20. Conflicting Provisions That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 21. Violations and ~enalties Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resist the enforcement of any of the provisions of this ordinance shall be deemed builty of a misdemeanor and shall be fined in any sum not more than one hundred ($100.00) dollars or imprisoned in the city jail for a term not exceediug thirty (30) days, or by both such fine and imprisonment, for each offense. Each day that a violation is perr~itted to exist ~ha!l constitute a separate offense. Section 22. ¥~en Effective This ordinance shall take effect and be in force thirty (30) days from and after its passage. Attest: ~ayor ~ ~s'e true and ~rrec~ Co~ d passed b~ t~ ci~ ~mi~Mfl