HomeMy WebLinkAbout1553 ~~ ~'~ ~/~' ~Z'0NING ~ORDINANCE NO. 1553
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 build-
ings; to prescribe building lines and the size of yards and other open spaces
and for these purposes to divide the city into districts, and declaring an
emergency.
THE CITY OF BRE~,fE.,RTON DOES ORDAIN:
SECTION 1
1. This ordinance shall be known as "The Zoning Ordinance of the City of
Bremerton."
2. This ordinance shall consist of the text hereof and of that certain map
or book of maps identified by the approving signatures of the mayor and City Clerk
on the title page and marked and designated as "The ~..~aps of the Zoning Ordinance
of the City of Bremerton", which map, maps or book is now on file in the office
of the city clerk of this city. Said book of maps has been heretofore e×~ined
in detail by the Commission and is hereby adopted as a part of this ordinance.
Said ordinance, and each and all of its terms, is to be read and interpreted in
the light of the contents of saf. d book of maps. If any conflict between the map,
maps or book of maps and the text of this ordinance is deemed to arise, the text
of the ordinance shall prevail.
SECTION 2
Definitions
For the purpose of this ordinance certain words and ter~s are 8efined as
follows:
WorSs used in the present tense include the future; words in the s~.ngular
mnnber include the ploural and words in the plural number include the singular
number. Words not defined herein shall be construed as defined in the building
ordinance of the City of Bremerton if defined therein.
1. "Accessory Use or Building"; 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 as the home of three or more families or householders living independently
of each other.
4. "Court": An open, unoccupied space other than a yard on the lot on
which a building is erected or situated. A court, one entire side or end of
which is boun~ by a front yard, a rear yard, or a side yard, or by the 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 "inner court".
5. "Court Height"; The court height shall be ~easured from a point two (9.)
feet above the floor line of the lowest story in the building in which there are
windows from rooms served by the said court, to the highest point of the enclos-
ing walls of the said court.
6. "Established Grade": The sidewalk grade at the front lot line as
established by the City CoH~nission.
V. "Family": Any number of related individuals, but no more than five (5)
unrelated persons, living together as a single housekeeping unit, and doing their
cooking on the premises.
8. "Height of Building": The height of a building is the vertical distance
at the center of a buil(~ing's principal front, measured from the established
grade to the highest 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. For buildings set back from the street line, the
height may be measured from the average elevation of the finished grsde, along
the front of the building.
9. "Lot": Land occupied or to be occupied by a building and its accessory
buildings, including such open spaces as are required under this ordinance, and
having frontage upon a street or alley.
Ordinance No. 1553 (cont)
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 o r
kept for hire or sale.
11. "Front Yard": The open unoccupied space on the same lot with a build-
lng between the front line of the building (exclusive of steps) and the front
property line.
12. "Front Property Line": The "front property line" shall be the front lot
line as shown upon the official plats of the property.
13. "Notice of Public Hearing": Notice of public hearing shall be a publi-
cation of a notice signed by either the President or the Secretary of the
Con~nission published in the official city newspaper once a week for a perio~ of
two weeks preceding the hearing. The Co,remission may give such additional notice
or notices as may seem proper in its discretion.
14. "Public ttearing": Any meeting of the Co~m.~ission 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
buildings) 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 building and the side line of the same lot.
IV. "Single-family Dwelling": A building arranged or designed to be
occupied by not more than one family.
18. "Story": That portion of a building included between the surface of any
floor and the surface of the floor next above it, or if there be no floor above
it, then the space between such floor and the ceiling next above it.
19. Wherever the term "this ordinance" is used herein it shall be deemed to
include, where the context permits, any and all amendments tJ~eretc as the same
may hereafter from time to time be adopted.
20. Wherever the word "Commission" is used herein, it shall be deemed to
refer t o the City Pta~zning Commission, unless distinctly stated City Con~.lission.
Section 3
Use Districts
The City of Bremerton is hereby divided into three types of use districts
as follows:
1. Residential One district (R-1 is symbol on maps).
2. Residential Two district (R-~° is symbol on maps).
3. Commercial One district (C-! is symbol on msps)~
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, unless other-
wise provided in this ordinance, except for one or more of the following uses:
1. One and two family dwellings.
2. Libraries and art galleries.
3. Parks and playgrounds (including park buildings).
4. (a) Accessory buildings, such as are ordinarily appurtenant to single-
family dwellings, shall be permitted including one private garage to each family,
when located not less than sixty (60) feet from the front line nor less than
twenty (20) 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
within their dwellings are permitte~ provided that no window display is made or
any sign shown other than one not exceeding two square fSet in area and bearing
only the name and occupation of the occ~lpant. The renting of rooms for loSging
purposes only, for the accommodation or not to exceed four (4) persons, in a
single-family dwelling is likewise permitted.
(c) Signs not exceeding six (6) square feet in area pertaining to the
leasing, rental or sale of buildings or premises are permitted; signs on non-
conforming uses are likewise permitted, provided however, that such signs shall
be erected flat against the building or painted upon the sides thereof; all other
signs, signboards and billboards are prohibited.
Ordinance No. 1553 (cont)
(d) Nothing herein contained shall be deemed to prohibit the use of
vacant property for gardening or fruit raising.
(e) No trailer shall be used as a place of habitation, but may be
stored in an accessory building on the property.
(f) A nursery or greerd~ouse may be located within sm~ R-l, Residential
One District, by special per~it for a period of not more than ten years, issued
by the 0ommission, after public hearing and exs~.~ination of the location and t2~e
making of a finding by the Commission that such nursery or greenhouse may be
maintained for such perio~ without undue detriment to adjacent and surrounding
pro pe rty.
(g) Telephone exchanges and electric substations and similar uses of
public service corporations may be permitted by special permit from the Commission,
provided such building shall conform to and ha~aonize with surrounding buildings
as to type of architecture, set-back and landscaping. Complete plans showing
elevations and location on the lot, together with the location of adjoining
residential buildings must be submitte~ to the Commission with application for
permit.
(h) Churches and schools (either public or private) may be allowed by
special permit from the Commission after public hearing and examination of the
location upon due proof to the satisfaction of the Commission that such school or
church will not be unduly detrimental to a~jacent and surrotmding property.
FRONT YARD: There shall be a front yard having a minim~zm depth of twenty (~0)
feet. If fifty (50) per cent of the block on a front foot basis has been built
up with a setback of less than twenty (20) feet, then the construction in said
block may be allowed to conform to the existing setback.
REAR YARD: There shall be a rear yard having a minimum depth of twenty-five (25)
feet, except that on a lot which is a complete unit held under separate and
distinct ownership fr~m the adjoining lots and of record prior to the taking
effect of this ordinance, this depth of rear yard may be reduced, if necessary to
such extent only as will permit a building depth of thirty (30) feet.
SIDE YARD: 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 a front
foot basis has built up with all of the structures having side yards of three (3)
feet in width, then the new construction in said block may be allowed to
to the three foot side yard.
SITE AREA: Every building hereafter erected or structurally altered which is
located in an R-i, Residential One District, shall provide a lot area of not less
than forty-eight hundred (4~O0) sq. ft. with a minimum width of fifty (50) feet
for the single-family dwelling and an additional one thousan~ (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. Provide~,
however, that where a lot has less area than herein required, as sho~m by the
last conveyance of record at the time of the passage of this ordinance, this
regulation should not prohibit one (1) single-family dwelling and its accessory
buildings on such lot.
HEIGHT LI~IT: No building shall exceed height of thirty-five (35) feet, nor
more than two (2) stories.
Section 5
~.-2~ Residential Two District
In the R-2, Residential Two District, no building or premises shall be used
and no building ~shall be hereafter erected or structurally altered unless other-
wise provided in this ordinance, except for one or more of the following uses:
1. Any use premitted in the R-I, Residential One District.
2. Dwelling groups, multiple family dwellings.
3. Apart=ent houses.
4. Boarding and lodging houses.
5. Churches.
6. Schools.
7. Hospitals and sanitariums except those for inebriates, the insane, or
those suffering from mental diseases; subject to the regu]ations of the Health
Depar tmen t.
8. Institutions for educational, philanthropic or eleemosynary uses other
than correction.
9. Private clubs, fraternities and lodges, excepting those the chief
activity of which is a service customarily carried on as a business:
10. Nurseries and greenhouses.
11. Public garages for storage purposes only may be allowed by specs~
permit issued by the Co:~aission after public hearing and exar~ination of the
location, upon due proof to the satisfaction of the Commission that such public
Ordinance No. 1553 (cont)
garage will not be unduly detrimental to adjacent and surrounding property.
Nothing in this paragraph shall be deemed to prohibit the servicing of patrons'
cars with gasoline, oils, washing and similar services within such public storage
garage; provided, 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 (50~) per cent of the block on a front foot basis has been built
up with a setback of less than twenty (20) feet, then the construction in said
block may be allow:ed to conform to the existing setback.
SIDE YARD: For buildings of two (~) stories or less in height, side yard require-
ments for R-l, Residential One District, shall apply. For buildings more than
two stories in height, the width of the side yards shall be increased by one (1)
foot for each additional story. This additional side yar~ is not required for the
side of a corner lot on a flanking street.
R~R YARD: ~ere shall be a rear yar~ having a minimum depth of fifteen (15) feet,
except that on a lot which is a complete ~it held under separate and distinct
ownership from the adjoining lots and of record prior to the taking effect of
this ordinance, and having an alley in the rear, this depth of rear yard may be
reduced if hecessary to such extent only as will pemit a building depth of
thirty (30) feet.
SITE AREA: B~galow courts, dwelling groups, multiple f~fly dwellings and apart-
ment houses shall have a lot area of 4800 sq. ft. for the first two (2) f~iiies
and an additional 1000 sq. ft. of land area for each additional f~ily or house-
keeping unit. Forty (40~) per cent of the area of all sites must be left in open
spaces free of structures.
~IGHT LIMIT: No building shall exceed a height limit of forty-five (45) feet nor
more than four (4) stories.
Section 6.
C-i~ Co~ercial One District
In the C-l, Co~ercial One District, no building or premise shall be used
~d no building shall be hereafter erected or structurally altered, ~less other-
wise provided in this ordinance, except for one or more of the follo~ng uses: ~
-~ Anyqse pe~ni~ ed ~ .... the es~ent~-~'~ ~ ~ ~ ~st~ict~ovide . ~egul~ ~- ns~~~ ~~
perta~:{,g thebeto as h~ofore p~iS,ed': ar¢~comptied;;?¢~th, n~.y: ~ area, /~¢~,
open Sapac, Ya~d% height ~mit ~ p~aits." '
2. Retail stomes and shops, limited to uses needed to serve a residential
distmiot, such as gmocer~ sto~e, meat shop, metail bakemI, dmug stome, confection-
e~y sto~e, personal service stores om pamloms, movfn~ piotume theaters and uses
simila~ to the above.
3. Public Garages, se~vice stations, recreational enteFpmises and adveFtis-
ing devices ma~ be allowe5 by the Commission by special p~oof to the satisfaotion
of the Co,lesion that the location thereof will not be unduly detrimental to
adjacent and surro~ding property.
4. Undertaking parlors shall be limited to the area beginning sixty (60)
feet west of Pacific Avenue, thence to Park Avenue, an~ between Burwell and Sixth
Streets, and in such other locations as may be approved by the Cor~isslon by
petition and hearing.
5. Auto wrecking places, l~ber yards, coal and fuel yards, storage yards,
provide~ that when ~mhoused they shall be surro~ded by ~ eight (8) foot solid
wall or sight-obscuring fence kno~ herein as a structure, and the yard regulations
of this district shall be observed; ~d p~ovided further that no such auto wreck-
ing places, l~ber yards, coal and fuel yards shall be maint~ned closer than one
h~dred (100) feet to ~e side lines of ~ R-l, Residential One District.
5. Any other uses except the following:
Any kind of mam~acture, production or treatment other than m~uFacture,
production or treatment of production clearly incidental to the conduct of a
retail business conducted on the premises.
(1) Abattoirs.
(2) Acetylene Gas m~ufacture or storage
(3) Acid !,~an~ac ture
(4) Alcohol manufacture
(5) A~onia, bleaching powder or chlorine manufacture
( 6 ) Arsenal
(7) Rs~a!t m~ufacture or refining
(8) Bag Cleaning
(9) Blast furnace
(10) Boiler works
(11) Brick, tile or terracotta man~acture
(12) Candle m~ufacture
Ordinance No. 1553 (cont)
(13) Cereal ~ills
(14) Celluloid manufacture
(15) Coke ovens
(16) Cooperage works
(17) Cotton gins
(18) Crematory
(19) Cresote treatment or manufacture
(20) Disinfectants manufacture
(21) Distillation of bones, coal or wood.
(22) Dyest~zff manufacture
(~) Explosive manufacture or storase
(24) Exte~minator and Insect Poison manufacture
(25) Emery cloth and sandpaper manufacture
(26) Fat rendering
(27) Fertilizer manufacture
(28) Fireworks or Explosive mauufacture 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 man~facture or storage.
(36) Horse Barns.
(3~) Incineration or Reduction of Garbage, Dead Animals, Offal or
Refuse.
(38) Iron, Steel, Brass or Copper Foundry.
(39) Lamp Black manufacture.
(40) Lime, Cement Gypsum manufacture.
(4!) ~f. achtne Shops
(42) Na2ch manufacture.
(43) Oilcloth or Linoleum man~facture.
(44) Oiled, Rubber or Leather Goods manufacture.
(45) Ore Reduction.
(46) Paint, Oil, Shellac, Turpentine or Varnish manufacture.
(4V) Paper and Pulp manufacture.
(48) Perfume manufacture.
(49) Petroletnv_ products, Refining or Wholesale storage of Petrolm_m.
(50) Planing ~dills (except small woodworking plants).
(51) Plating Works
(52) Potash Works
(53) Printing Ink manufacture.
(54) Pyroxlin manufacture.
(55) Rock Crusher.
(56) Rolling Mill
(5~) Rubber or Outta Percha manufacture or treatment.
(58) Salt Works.
(59) Sauerkraut manufacture.
(60) Sausage manufacture.
(61) Shoe Blacking manufacture.
(62) Smelters
(63) Soap manufacture.
(64) Soda an5 Compound manufacttu-e.
(55) Stock Yards.
(56) Stone ~f~ill or Quarry.
(67) Storage of Bailing of Scrap Paper, Bottles, Iron, Rags or Junk.
(88) Stove Polish manufacture.
(69) Sulphuric, Nitric or Hydrochloric Acid manufacture.
(70) Tallow, Grease or Lard manufacture or refining from s~imal fat.
(71) Tanning, Curing or storsge of Raw Hides or Skins.
(72) Tar Distillation or manufacture.
(73) Tar Roofing or Water Proofing mauufacture.
(74) Tobacco (chewing) manufacture or treatment.
(V5) Used Car Jun~ Yards.
(76) Vinegar r/~anufacture.
(77) Wool Pulling or Scouring.
(78) Yeast Plant.
(79) And in general those uses which have been declared nuisances in
any court of record, o-~ which may be obnoxious or offensive by reason of emission
of odor, dust, smoke, gas or noise. Provided, that since there are certain types
of the foregoing uses which may or may hot be 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 Commission shall have the power to grant
special conditional and revocable permits for any of the foregoing uses within
a C-l, Commercial District, after public hearing and examination of the location,
upon due proof to the s~tisfaction of the Co~.mmission that the maintenance of the
proposed use will not be unduly detrimental to adjacent and surrounding property.
Ordinance No. 1553 (cont)
ttEIGHT LI~'~IT: Whenever any C-I, Con~nercial One District, is located within or
is adjacent to, on two or more sides, any R-I, Residential One District, the
buildings in such C-i, Commercial District, shall be limited to one (1) story
in height, provided however, that the Co~uiS si on may ~low a building to be
erected to ~ additional heist not exceeding two additional stories, by special
pe~it after public hearing and ex~ination of the location upon due proof to
the satisfaction of the 0omission that such additional heist will ~ot be ~duly
detrimental to adjacent and surrounding property. No building shall excee~
height of forty-five (45) feet nor four stories.
FRONT YARD~ SIDE YARD: No yards are require~ except for lots whose side line is
adjacent a residential ~istrict, where said side yar~ shall then be five (5) feet.
G~ER~ PROVISIONS
Section
Front, Side ~d Rear Yards
1. FRONT YARD: Where any front yard is required, no building shall be here-
a~ter erected or altered so that ~y portion thereof shall be nearer the front
property line than the distance indicated by ~e depth of the required front yard.
Exceptions: Eaves, cornices, steps, terraces, platfo~s and porches having no
roof covering and being not over forty-two inches in height may project within
the said front yard. Pences not over forty-two (42) inches high may be built
within a ~ront yard. When fifty (507~) per cent or more, on front foot basis, of
all the property on one side o~ a street between two intersecting streets at the
time of passage of this ordinance, has been built up with buildings having a
minim~ front yard of more or less depth than that established by this ordinance
~d provided that the majority of such ~ront yards do not vary more than six
feet in depth, no building shall be built within or shall any portion, save as
above excepted, project into such minim~ front yard; provided further, that no
new buildings be required to set back more than thirty-five (35) feet from the
street line in the R-t, Residential District, nor more than two (2) feet farther
than any building on an adjoining lot and that this regulation shall not be so
interpreted as to reduce a required front yard to ~ ss than ten (10) feet in depth.
2. SIDE YARD: V~ere ~.y specified side yard is required, no building shall
be hereafter erected or altered so that any portion thereof shall be nearer to
the side lot line than the distance indicated by the width of the required side
yard.
~xceptions: Eaves and cornices may extend over the required side yard for a
distance of not more th~ two (2) feet.
Accesso~ buildings when erected so that the entire b~lding is ~ thin 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-two (42) inches high may occupy a side yard.
The Co~nission may upon the join~request of the owners or adjoining proper-
ties, permit the erection of private garages or other out-buildings upon or
i~ediately adjacent to the division line between the two properties, after an
ex~ination of the location and the making of a finding that the granting of such
permission will not be unduly detrimental to adjacent and surro~ding property
nor to the zone in which such permission is granted. Pe~its granted ~der the
foregoing provisions shall be limited to the li~e of the structure or structnres
for which the pemit is issued.
3. Rear Yard: ~ere any specified rear yard is required, no building shall
be hereafter erected, or altered so that any portion thereof may be nearer to the
rear lot line than the distance indicated by the depth of the required yard.
~CEPTIONS: Eaves, cornices, steps, platforms, and rear porches whether enclosed
or not, but not exceeding in width one-half that of the bui]_ding nor more than
one story in height, may extend into the rear yard.
Accessory buildings may be built within a rear yard; provided the required
total open space area is not reduced. ~o accessory building shall cover more than
50~ of the area of the rear yard.
4. Off-Street Parking: For each f~ily residing on a lot, space shall be
provided on such lot, directly accessible to a thoroughfare, for the parking or
garaging of at least one non-cor~ercial 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 accomodation at one time of as many motor vehicles as there are
f~ilies provided for.
Ordinance L~o. 1553 (cont)
For every structure, or part thereof, principally used as a theatre,
auditorium, 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. ft. for each 10 seats of
the total audience seating capacity of the building, structure, or part thereof,
within 500 feet thereof.
No co'.~nercial buil~t~ng or structure shall be erected or land user~ for any
purpose which will cause customers, employees or residents to park their vehicles
of transportation for one hour or longer, ~mless space for such. parking is pro-
vided an~] maintained.
Ail buildings hereafter erected for commercial nse shall provide on the
lot a space off the ~oublic right-or-way, street or alley for the loa~ins~ or un- ·
loading of co~mercia~ vehicle~,~~ ~ ~ ~ ~ ~ ~
Extension of Non-Confo~ing Uses.
Any use not excluded from the C-l, Commercial District, which is a non-
confo~ing use in an~f d~strict in the City, may be reconstructed or altered
any tract of lan~ he!~ unSer one ownership an~ pa~'tially occupied, b~f sa~.~ ~se
at the time of the passage of this 0r~i~ance; provided, that in the case of re-
construc~.~on the yard provisions of the ~!istrict within which the use may be
located shall be comp!f, ed with. The reconstruction or alteration of any con-
foxing use shall not increase the cubical content of such built, lng.
In case of destr~ction by fire or other cause, reconstruction may be per-
mitte~ if said reconstruction is made within one year from time of destruct~an
and provided, however, that the yar~'~ provisions of the ~istrict within which the
· use was located shall be comD!ied with.
SECTION 9.
Ownership ~ivided by a District Bo~dary Line
If a district boundary line cuts a property having a signle o~ership as
of record at the time of passage of this Ordinance, all s'~ch property may tak~
th~ least restrictive classific~:tion pro~i~e~ the property is developed as one
~it.
SECTION 10.
Private Gar a~es
Private gara~[es in R-l, Resi~'~ential One Oistrict, .shall be limite~ t~ nine
(9%) per cent of the lot area; provided, that nothing in th~_s regulation be con-
strue~ to prevent the b~
...... m of a private garage of not z~ore than two (~) car
capacity, ~5 not In excess of 400 sq. ft. in area where the above lim~ta:ion
does not allow the construction of a ~:farage on any lot or plot of recor~ at the
time of passage of th~s Or~inance.
SECTION 11.
Courts.
In all buildings hereafter erected or structurally altered, all win~ows
shall open upon a yard, court, street or alley as hereafter provided.
~n no event shall any yard or court be made to serve two ~buildings hereafter
erected, or an existing building and a building hereafter erecteU.
Every court shall be open an~ unobstructed to the sky from a point not more
thaa two feet above the floor line of the lowest story in a buil~ing In which
there are windows from rooms or apartments abutting the ssi5 court an~ serve~] by
the sai~ co~rt, except that a cornice, belt course or similar projection on th~
b~lding may exte~d into sn "outer conrt" two inc~-~es for each foot in width of
such court, and may exten~ into ~ "inner court" one inch for each such foot
width of such co~rt; and provided further, that a cornice or similar projection
may exten~ any distance into a court provide~ the minimum ~mobstr~.cte~; width of
the co~.~rt is maintained.
INNER COURT: An inner court shsl! be of s width not less titan four (4) feet nor
less t'ham sixteen (1'~:/
o~o) per cent of the court height; provided further, that in
no case shall a widti~ of more than twenty (20) feet be required. A minim~m co~rt
length of one an~ one-half (1~-) time the court width is re~.uired.
OUTER COURT: An outer court shall be of a wi~th of not less than four (4) feet
nor less than ten (10?~) per cent of the ~ ~ ~ -~
. c:_~u~ ~ height; provided futher, t ~a~ in
no case shall a wi.r]th of more than ten (10) feet be required.
Ordinance No. ]_553 (cont)
ADL~INISTRATION AND ENFORCEI'..~ENT
SECTION 12.
Interpretation and Appl_ication
1. In inter~'oreting and applyin~] the provisions of this ordinanc, they shall
be held to be the minim~n req~irements for the promotion of the public health,
safety, morals an5 general welfare; therefore, where this ordinance imposes a
greater restriction ~on the use of the build:~ngs or premises, or upon the heia[ht
of buildings, or requ]~res lar~er open spaces than are imposed or required by other
laws, ordinances, rules or rea(ulat~ons, the provisions of ~'lis ordinance shall
control.
2. Futhermore, recognizing t~at ther: are certain uses of property that
may, or may not be, d~trimental to the p~lic he~ th, safety, morals, and g~ner~:l
welfare, depending ~mon th~ facts of ~ach particular case, a ti~,-d, tec} mower to
issue permits for such uses is vested, by specific mention in this ordinance, in
the Co~n~ssion, subject to review by the City Compression as herein ~rov~ded.
~ ~ · .. '~ ~ ' review) shall
Subject to such review, t~e Co~m~.ssion (or the City Co~mzssion on
have ~ower to place in s~cl~ permit conditions or li~itations in its judgment
required to secure adeq~ate protection ~o the zone or locality in which the us~
is to be pe~itted. Likewise subject to review, the Commission ( or the Oity
Commission on review) sha]~l have pwer to terminate any such permit, upon complaint
and p~blic hearin~, for any violatio~ of the terms or limitations therei~ prescr!be~
3. The Planning Commission may permit in a zone any use not d~scribed in
this ordin~ce and deemed by the Plan~ing Co~'~nission to be in general keeping
with the us~s authorized i~ such zone.
4. The Co,~mission ma~f grant in undeveloped sections of the city, temporary
and conditional pe~nits for not more th~ two-year periods, for structures and
uses that do not conform with the reg~lations herein prescribed for the zones in
which theTf are located.
5. In specific cases the Co~m~ission under specific regulations may authoriz,
by permit a variation of the application of the use of district regulations herein
established, in harmony with their general p~rpos~ and intent, by granting a
permit for a temporary building or land use for co~erce and industry in an un-
ich ts incidental to the residential development,
o~' not more than 5ne year.
6. The Commission may, in specific cases where the topography of tt~e premises
or the ~ation of buildin~s existing prior to the passaae of this ordinmce
make~dm~liance with the ~rovisions governing the l~cation of private gsraf;es
~i$~s~%, ~rant a soeeial permit for a private ~ar,~e to be located nearer,to
~/th~reet line than main structure, but in any case where such location is ~ithin
~required front or side yard, the highest point of s building so located sl~alt
not be ~ore tha~ thirty (30) inches above the averaf]'e level of the gro~d on the
side farthest from the street line.
7. It shall be the duty of the Co?~ission:
(a) To interpret the provisions of this ordinance in such a way as to carry
out the intent an~ purpose of the plan zhereof, as shown by the maps fixing the
several districts accompanying and made a part of ~fs ordin~ce, where the
street layout actually on the gro~nd varies from the street layout as shown on
the maps aforesaid.
(b) To rule on the proper applicat;on or to interpret the meanin~ of
~oning ordinance ir~ cas~ there is a dispute between the administrative off~.cials
6f the City and ~y owners or owner of property. Appeal to the Co:~mission may
be made within ten days from such ruling. Appelant shall file with the buil~ing
inspector and with the Co~?~ission w~itten notice of the appeal. The building
inspector shall forthwith transmit to the Commission all papers constituting the
record upon ~,!~ich the action appealed from was tauten, and in adc~ition thereto the
Cor, zmission may receive s~ch additional ~vidence as s~ems to it relevant.
SECTION 13.
APPeels to C~E commission
~ interested citizen or a~m~nistrati~e officer of the City of Br,~merton
may ap~esl to the City Comffaission from any ruling of the Co~maissior~ pertaining
to ~e granting or denial of any permit hereunder applied for, petition for
classification or change of boundary lines, when such ruling is adverse to his
interest, by filing w~.th the secretary of the Co~,~a~ssion within ten (10) days
from such ruling a w~itten notice of appeal. [~hereupon the secretary of the
Commission shall forthwith transmit to the City C~ission all papers and doc~ents
Ordinance No. 1553 (cont)
constituting the record upon which 5he rultn~i appealed from was made. The City
Commission shall, upon such notice to interested parties as it may deem proper,
hold a hearing, at which it faa? take' and receive such further evi~tence as shall
se~m to it relevant or material. Upon such an apoesl the City Corrmission shall
have the power to overrule, alter or chancre an~f ruling of the Oommission pertain-
ing to the prorating or with-holding of the pe~it so app!ie~ for, reclassification
of property or change in district boundary lines; provided, a majority of the
City Co~mission, conslstin~ of two-~:hirds (2/3) of its membership, vote in favor
of such alte~ation or chanfjje of ruling.
~ECTION 14.
~ounct~ries of ~istr~cts
1. The bou~daries of the vario~s districts shall be shown on the Use and
Area 'ma~s accmupanying and herebF ma~.e a part of thi. s ordinance. The said ~_strict
boundaries are, unless othel~wise indicate~], the ,tenter lines of stz~eets,
Or lot lines, as shown on the sai~ maps. ?~here the location of the bou~flaries
such district, as indicated on these maps, are shown to be other than street, alley
or lot line~ then such Oo~ary s}mll be cons true~ to be distance one hunt, red
twenty (120) feet from an~ parallel with the frontaje s't~'eet l~e, tmtess
to be otherwise ~y s ~istance in figu:~es.
2. Whm~e the street ls~out actually on the cround varies f~om that shown on
the 'Us~ or Hei~'ht District maps, the ~]esi~jnations sho~m on the m~:~ps shall be
applied by the Comr~ission to the str, eet as actually laid out so as to ca:cry out
the iatent an~ ~urpose of the Zoning, Plan for that ~-~istrict.
,~ ~, ~.-,~'r ~ 15.
E~fo re emenb.
I~ shall be the duty of the 3uildin~ Inspector (om official in eha~%e of
issuei~g bui. l~inE pe~ndt~ an~i :~nspec%ion of b~.lOings) to see that th~_s
is enfo~.,ee~ th~ou~h bhe 9~ope~ legal channels. He shall issue no permi~ fou t~e
eonsb~e~on o~ alteration of any bu~l(~ng o~ I.)8~b ~her, eOf unless bhe
s~eeiffeau~ons ~.n~ in~ended use of such buitdin~ eonfo~ in all ~es~eets ~.th ~he
p~ovtsions of bh!s
Plats: All ~ppl~eations fo~ t-~lildinE pe~mlts sh~ll be accompanied bi; a
plat in duplicate d~wn ~o scale, ~how~.ng b~e actual dimensions of ~he lo~
be built uoon, th~ size, ~se and loeab;i, on of exisbing buil~ngs and bu~.lc~inEs
~o be creeSe(I, and such obher info~ma~ion as may be necessary ~o p~ov~d.e for bhe
enfo~eemen~ of th~s o~d=n~e~. ~% ea~efu! ~eeo~ of such ~pplicat!on and pla~s
~hall be kept in the office of bhe buildinC in~.~peetoP o~ p~ope~ enfo~eement
oE,. ~ION 16.
Amendment s.
1. Any o~e~ of p~ope~ty o~ building ma~ p~e~ent to the gor~'~ssion a
petition duly si~ned an~ aeknowled~ed~ ~=' ~est~nF an ~endment, supplement or
change of ~e~ul~;~ons p~ese~ibed for suoh p~oper~v fop bhe ~u~pose of ~e-e!ass!-
ficab~on, which shall be relegated to the Oo~;ission, for a hea_~,U thereon.
9. A petition fo~ ehan~e of zone classification or dis~iet bounda~v liues
sh.~l cau~y bhe oonsen~ of bhe owners of not less tha~ f~f~y-one (~1) peu eenb
(b~a~e~) o~ ~11 p~oper~y within a (-Ii. stance of ~wo h~md~ed (200) fee~, s~ree~s
and,' alleys excluded, of the p~oposed dis~e~. In c~l~ulabinC such a~e~s the
pod!on of any prope~y lyiu~ a~ a distauee of mo~e bhan one hundred fif~y (150)
fee'% fmom ~ s~ee~ uoon which i%s fuonba~ce, fo~ Ehe purpose of this section,
~s based~ shall be e~eluded and no~ eonsideued in ~he pe~i~ion, any
lying within a dlsU~c~ of equal ou ~ ss rest~ie%~ve ehau~eter b%mn ~hat petitioned
for~ ~ha!l no~ be ~neluded in c~leula~inE a~e~s on such petition. ~' ~
obtained does nob ma~e g~an~in~ of pe~i~ion m~n~a~ou~.
~. The gommiss~on shall cause bo be made ~n investigation of ~he mabters
~n suoh peb~bion an~ if,_,_n~ i~s opinion ~fbe~ due inves~igab~ou_ ~nd
of the fao~s se~ ou~ in ~he pe~i~ion ~d ~ny eom[~ebent fac~s involv~n~ said
p~operby~ s~id gommi~sion believes bhat such ~
_ . c~an~: ~ of district of exception is
necessary and not materially ~etrimental to the p~blic welfare nor the property
of other persons located in the vicinity thereof, the Commissfoo shall transmit
to the City Oo~ission a report reco~m~ending the allowa~ee of the pettition.
no report is ma~e within a period of thirty (30) days after the filing of such
petition, such failure shall be deemed a disapprow~t of t~e petition.
Ordinance No. 1553 (cont)
4. If the Com~ission disapproves such petition a postcard notice of such
disapproval shall be mailed to the oet~tioner, and any such disapproval by the
Commission shall be final, unless the petitioner within ten (10) days after th~
date of ma~ling such notice of disapproval or within ten (10) days after
~xpiration of thirty (30) ~ays from the filing of s~ch petition, durin~ which
per!o~ the Comm:~ssion shall hav~ failed to take action, shall appeal to th~
C~ty Commission by filin~ th~ not, ce of appeal as provided For in Section 13.
5. Fh., Commission shall hear only one such petition concerni~g a buildin~
or parcel of property in one
6. The ri~fht to i~itiate proceedings for the re-classification of property
or the amendment s~o~]~ent~ng or chan~'~' of regulations, or a ny amendment
or ~endmef~ts to any mg~p or, maps whi6h ate a part of this ordinancs, is hereby
reserved to the City Cor~Tssion an~ the Commission. The hearings upon any such
proceedin~t shall be held upon and after p~b!ic notice as s~t out in this Ordin-
ano~ and such other or additional notice to the property owners fin the ares,
involved or concerned by such ~endment or c~'~ange as the City Cot~ission or
Co~:~ission may deem proper. Such rsclassifica:;ions, or amer~'nent or amendments
of such map or maps malz be made upon t~e reco~-~enc]ation of either the City
Commission or the Cot':mission if concurred in by the other.
o~o ~.~ ~.,,', 1 ? ·
Completion and Restoration of Existing Bui~diD~;s.
t:~.. restoration of a bufl4ing within
Nothing in this Ordinance shall prevent ~e
a period of one year from the clare of its destr~ction, which has been partly
destroyed by fire, or other ca~se, subsequent to th~ passage of this Ordinance
or prevent the continuance of tn.. us~ of such buildings, or part thereof.
The lawful use of the land existin~',~ at the time of t:~e passing o~ this
ordinance, although such use does not confo~ to the provisions of thJs ordinance,
may be continued; but if such non-conforming use is discontinued for a perioc]
of one year or more, an;z fu~thar use of those lands and p~emises shall be
conformity with the provisions of thJs ordinate.
oEC ~ION 18.
Certificate of Occupa~.
No ~.aaant lan4 shall be occupied or used an~ no buil4ing 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 defi:qed by this ordinance
~mtil a certificate of occupancy shell have been issue~] bTf th~ buildiag inspector.
No permit for excavat'on for any building shall be issuec~ before t~e apoli-
cation has been made for certificate of occupancy.
Land: Certificate of occupancy for the ~se of vacant lands or the change in the
use of lan4 as herein provided, shall be apolied for before any such land shall
be occuF~ie~ or usec] an~ a certificate of occupancy shall be issued within ten
days after the a[:plication has 0e~n ma~e, providing such use is in conformity
with the provisions of these regu!atlo~s.
Non-con~c:rmin~ Uses: Upon a written req~est of the owner, the buil~ing Jnspect~,r
shall issu~ a cert.f~cate of occupancy for any buil~)ing or land exist!ng at th~
time this ordinance takes effect, cartifyiug, after in~pect~on, the use of the
building or land ~ whether s~ch use conforms to the provisions of the ordinance.
~here a plat as above provi~e~ is not already on file, an ap :.licat~on for a
certificate of occupancy shall be accompanied by a s~rvey in duplicate form, such
as is require5 for a permit.
SECTT ',N 19.
Vali~ity.
Should any s~ction, claus, or provision of this ordinanc~ b~ declar~ by
th~ courts to b~ invalid, the same shall not affect the validity of the ordinanc~
as a whole or any part thereof, other th~ th~ part so declar~ to b~ invalid.
SECTION 20.
Conflictin~ Provisions
That all ordinances or parts of ordinances in conflict herewith ba an~ th~
sam~ ar~ hereb~f repealed.
Ordinance ~[o. 1553 (cont)
SEC'PIO~I 21.
Violations and Penalties.
Any person,firm or corporation who violates, disobeys, omits, neglects or
refuses to co;~ply with or wino resist the enforcement of any of the provisions
of this ordinane~ shall be de~med guilty of a misdemeanor an~ shall be fined in
any s~ not mor~ than three hundred (~jS~)O.O0) dollars, or impriso~ent in t[~ city
jail for a term not exceeding ninety (~()) days, or by both fine and i~aprisomment,
for each off~ns~. Each day that a vlolatJ_on is perm!Dted to exist shall con-
stltute a separat~ off~ns~.
SECTir 0~ 22.
l~en effective: An emerffency exists affecting the p.~bl~c peace, health,
safety and welfare, and th~s ordinance shall become effective i~eSiately
following passage and publication.
PASSED by the City Co~ission of the City of Bremerton, signed by the
and ~tt~ste~ by th~ City Cl~rk in aut;hentication of such passage, this
~aF of ~eoember, ~9~.
ATi