HomeMy WebLinkAbout4799 ORDINANCE NO. 4799
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Zoning Code, Chapter
21.02 of the Bremerton Municipal Code, by adding a new section,
Section 21.02.160 (d) entitled "Maintenance of Traditional Front
Yards" to the front yard setback of new residential development to
reflect the established setbacks of existing structures by allowing
setback averaging, subject to certain criteria.
WHEREAS, the City of Bremerton is comprised of numerous neighborhoods that
were developed prior to the adoption of current setback requirements and some of those
neighborhoods consist of relatively small lots; and
WHEREAS, in some of those neighborhoods, the pattem of nonconforming front
(street-side) setbacks has become part of the unique character of the City; and
WHEREAS, the Growth Management Act and Bremerton Comprehensive Plan
encourage the efficient use of land and smaller lots in urban areas; and
WHEREAS, in some instances the ability to conform to established setback
pattems that may not be in compliance with current regulations will promote efficient land use
and enhanced compatibility with existing development patterns; and
WHEREAS, the Planning Commission conducted a public hearing on a
Comprehensive Plan Amendment supporting compatible residential infill development on July
17, 2001 and recommended approval of that plan amendment to the City Council; and
WHEREAS, the City Council conducted a public hearing on the Planning
Commission recommendation and approved said plan amendment on August 1,2001; and
WHEREAS, the Planning Commission conducted a public hearing on the subject
zoning code amendment on March 29, 2002 and has recommended approval of that amendment;
and
1
Setback Averaging
WHEREAS, the Bremerton City Council conducted public hearings to accept
public comments pertaining to the proposed Development Regulation Amendment to consider
the Planning Commission recommendation; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new section, Section 21.02.160(d) entitled "Maintenance of
Traditional Front Yards" is hereby added to Bremerton Municipal Code, Chapter 21.02 to read as
follows:
(d) Maintenance of Traditional Front Yards: In SF zones, if properties with
either a house or garage/carport that is set back from the street less than the front yard
requirement of the zone represent sixty percent (60%) or more of the lineal feet fronting one side
of the street within a numbered block, the average set back of these existing non-conforming
structures establishes the minimum front yard for all properties fronting that side of the street on
the block subject to the following provisions:
(1) No structure need be set back more than five (5) feet further than a house or
garage/carport on an adjoining lot, and
(2) Regardless of (d)(1) above, in no case shall the minimum front yard set back be
less than five (5) feet.
SECTION 2. Severabiliw_. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION3. Effective Date. This ordinance shall take effect and be in force ten
(1 O) days from and after its passage, approval and publication as provided by law.
2
Setback Averaging
APPROVED by the City Council the 8th day of May, 2002
PASSED by the City Council the 15th day of May, 2002
CAROL ARENDS, Council President
Approved this o~ day of ~4X_~ 2002
CARY BDZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City (~lerk JR)3~SER A. L--~OBOVICH, City Attorney
PUBLISHED the o71~c~ day of ~ ,2002
EFFECTIVE the_~.~.~_ day of (Jlj,~ ~, ,2002
ORDINANCE NO. 4799 v
RSLEGAL\Ordinances\Community Development~Zoning Ordinance 4-11.doc
3
Setback Averaging
.
AFFIDAVIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100004883
I, Melinda Monroe, being first duly sworn on oath, deposes and says: That she is now, and at all
times embraced in the publication herein mentioned was the principal clerk of the printers and
publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of
the /superior Court of the Count of Kitsap, in which County it is published and is now and has
been for more than six months prior to the date of the publication hereinafter referred to,
published in the English language continually as a daily newspaper in Bremerton, Kitsap County,
Washington, and is now and during all of said time, was printed in an office maintained in the,
aforesaid place of publication of said newspaper; that the following is a true text of a legal
advertisement as it was published in regular issues (and not in supplement form) of said
newspaper on;the following dates, to wit: May 24,2002 during all of said period. That he full
amount of the fee charged for the foregoing publication is the sum of $38.08 which amou,nt has
not been paid in full.
\\11111 I 11I1i//11
,\\ III
"", DA IA. I;
,," 'VA, II
~ ....... 'v ~
:2' 0 ..... ..... <S> ~
::: 'i..... N 0 l' .... (' S.
::::.A: ~ -<1 "'~:::'
--I' , '<\' -
::: m :'" <Yo ;': -i ==
- I G- " ...('.. -
::::.0.... & c~ .: -
:;- "'" --. <: Ie.." ~
~ h..... ...... ..:::::
'8- ~".."..... 0"\ $"
II;; 0HING' """
III' \\\
II/lilllllll\\\\\
AN ORDINANCE of the City Council of the City of Bremerton,
Washington, amending the Zoning Code, Chapter 21.02 of the
Bremerton Municipal Code, by adding a new section, Section
21.02.160 (d) entitled "Maintenance of Traditional Front Yards"
to the front yard setback of new residential development to
reflect the established setbacks of existing structures by
allowing setback averaging, subject to certain criteria.-
<m0A:A~,,-,L ~i~
(Signature of Principal Clerk)
Subscribed aQd sworn to before me this day of May 31, 2002.
~JW ~.
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 4799'
APPROVED by the City Council the 8th day of May, 2002-
PASSED by the City Council the 15th day of May, 2002-
The full text of this ordinance is available from the City
Clerk's Office, 239 4th Street, Bremerton, WA 98337.-
May 24, 2002--#100004883-