HomeMy WebLinkAbout4829ORDINANCE NO. 4829
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapters 3, 4, and 5 of the City
of Bremerton Shoreline Master Program relating to downtown
waterfront site development standards regarding shoreline setback,
view corridors and height restrictions in the Downtown District.
WHEREAS, the current provisions of Chapter 3 of the City of Bremerton
Shoreline Master Program relating to environment designations and requirements provides that
, downtown waterfront site development standards be regulated by the Downtown Waterfront
Urban Renewal Plan (DWURP); and
WHEREAS, the City anticipates significant development in the downtown
waterfront area in the next few years; and
WHEREAS, the downtown waterfront area is a unique shoreline area in that it
encompasses vehicular and pedestrian traffic, including Kitsap Transit and other local and
regional transportation systems connected to the state ferry system; and
WHEREAS, the development regulations set forth in the DWURP are outdated
and not consistent with the City's plans for development of the downtown waterfront area; and
WHEREAS, the City Council desires to ensure optimum utilization of shorelines
within the downtown waterfront area by providing for intensive public access and use and by
managing anticipated development so that it enhances a multiplicity of uses for the downtown
shoreline environment; and
WHEREAS, the City Council, in ensuring optimum utilization of the downtown
shoreline, desires to encourage pedestrian waterfront activities and to enhance visual and
physical access to the shoreline environment for all citizens through various means of public
access; and
Shoreline Master Program
WHEREAS, the City Council, in a companion ordinance, Ordinance No. 4828, is
repealing the Downtown Waterfront Urban Renewal Plan and the City Council desires to amend
its Shoreline Master Program to allow development of the downtown waterfront in accordance
with new development standards and regulations consistent with recent amendments with the
City's Comprehensive Plan; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3, Section A of the City of Bremerton Shoreline Master
Program relating to shoreline environment designations is hereby amended to read as follows:
A. SHORELINE ENVIRONMENT DESIGNATIONS
City shorelines are classified into specific environment designations. These
designations are based on physical, biological and development characteristics of
the shorelines. The Shoreline Management Act represents state-wide concerns
and is based on the public trust doctrine protecting the rights of the people of the
State of Washington. Therefore, shoreline environment designations take
precedence over local zoning and comprehensive plan designations.
The entire Bremerton shoreline is designated an "Urban" environment. The Shoreline
Management Act Guidelines state:
The objective of the urban environment is to ensure optimum utilization of
shorelines within urbanized areas by providing for intensive public use and by
managing development so that it enhances and maintains shorelines for a
multiphcity of urban uses.
Since Bremerton's shoreline is almost entirely developed, except in its utility lands, with some type
of residential, commercial, industrial or recreational use, it was beheved that an Urban designation
was most appropriate. Within this main designation, several sub-designations have been made.
All designations extend 200 feet landward of the Ordinary Itigh Water Mark (OHWM), unless
otherwise described below.
The Urban environment is divided into the following sub-designations. 1
tThe descriptions of the environment designations, except for the Downtown Waterfront designation, are excerpted from the
City of Bremerton Shoreline Management Master Program adopted in October 1977. The Downtown Waterfront description
2
Shoreline Master Program
Urban Conservancy
The Urban Conservancy designation is for areas that are currently or intended for recreational use
and for areas identified as having biological or physical limitations or other unique or hazardous
characteristics that are incompatible with intense development. Activities permitted in these areas
are intended to have minimal adverse impacts upon the shoreline.
Urban Residential
The Urban Residential designation is for areas which are primarily residential or intended for
residential use. These areas are to maintain existing character and be consistent with that character
in terms of open space, bulk, scale, and intensity of use within the guidelines of' current zoning.
Urban Commercial
The Urban Commercial designation is primarily for those areas which range from the high
intensity business district and small light industry to the small commercial operations located in the
various neighborhoods. The intent of this designation is to encourage commercial development
that could enhance public access to the shoreline, either physical or visual, and provide a setting for
the commercial operation that will be of economic benefit.
Downtown Waterfront
The Downtown Waterfi'ont designation is a special Urban Commercial designation for the
downtown shOreline area that is subject to the r~,
· ,~1 DI~
Rc;:c,'~ ....... Chapter 21.02.152 BMC. The intent of this designation is to encourage development
of the downtown waterfi:ont into a vital, attractive water-oriented area that maximizes oppommities
for large numbers of people to interact passively and actively with the shoreline for leisure and
enjoyment uses.
is exerpted from the former "Designation of Environments" section of the 1989 amendments. These descriptions were
inadvertently omitted from the amendments adopted in 1989 and/or 1992.
Shoreline Master Program
Urban Industrial
The Urban Industrial designation is primarily for those areas which are heavily developed for
industrial purposes and those which are appropriate for industrial purposes. The intent of the
designation is to provide for efficient utilization of suitable shoreline areas for water dependent
commerce and industry consistent with the Shoreline Management Act of 1971, as amended.
SECTION 2. Chapter 3, Section B of the City of Bremerton Shoreline Master
Program relating to Common Legal Descriptions is hereby amended to read as follows:
B. COMMON LEGAL DESCRIPTIONS
"Common" legal descriptions provide a clear basis for identifying
boundaries of environment designations. These descriptions
typically rely on both man-made and natural features (i.e. roads,
bluffs, dikes, etc.) to delineate boundaries. Where there is a
discrepancy, the common legal descriptions take precedence over
mapped boundaries.
Certain areas expected to be annexed into the City in the near future
have been pre-designated in order that the City Master Program
will be effective upon annexation. These areas are described in
italics in the common legal descriptions.
Urban Conservancy
The following areas are designated Urban Conservancy (map designations precede descriptions):
City Parks
The following Urban Conservancy areas are under the jurisdiction of the City of Bremerton Parks
Department:
CS-1 Kitsap Lake Park -- A city park northwest of Harlow Drive off Price Road, at the south
end of Kitsap Lake. Much of the westerly part of the park is within the Kitsap BOg
Natural System Designation (described later in this section), in which case regulations for
the Bog apply. The western portion of the park is currently outside the city limits, but is
expected to be annexed in the near future.
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Shoreline Master Program
CS-2
CS-3
CS-4
CS-5
CS-6
CS-7
CS-8
NAD Marine Park -- An undeveloped city nature area park located at the north end of
Shorewood Drive, along the west shore of Ostrich Bay.
Warren Avenue Bridge Landing -- A state right-of-way at the south end of the Warren
Avenue Bridge, along the south shore of the Port Washington Narrows.
Evergreen Park -- A city park east of Park Avenue and south of Park Drive, along the
west shore of the Port Washington Narrows.
Lions' Community Playfield/Manette Treatment Plant -- A city multi-purpose park
located south of Lebo Boulevard between Sheridan Road and Stephenson Avenue,
consisting of a playfield on the northwest and an undeveloped view area at the site of the
demolished Manette sewage treatment plant on the southeast, along the northeast shore of
the Port Washington Narrows.
Lent Lane Viewpoint -- An undeveloped view area south of Lebo Boulevard located at
the intersection of Reid Avenue, along the northeast shore of the Port Washington
Narrows.
Sheridan Park/Community Theatre -- The southerly portion of a city park south of
Lebo BOulevard at Clare Avenue, and the Community Theatre site northwest of the park,
along the northeast shore of the Port Washington Narrows.
Manette Bridge Landing -- A state right-of-way at the east end of the Manette Bridge,
along the northeast shore of the Port Washington Narrows.
City Utility Lands
The following Urban Conservancy areas are City of Bremerton lands under the jurisdiction of the
Bremerton Utility Department:
CS-9 Union River Reservoir -- This reservoir is given special consideration because of its
vital role in providing the greater Bremerton area a safe, clean supply of industrial and
domestic water. The reservoir is formed by Casad Dam which was completed in 1957.
The reservoir is located approximately 5 miles west of the urbanized pOrtion of
Bremerton on Utility Department lands. However, it is inside the corporate limits of the
City and receives police and fire protection from Utility Department staff and the
Department of Natural Resources.
Shoreline Master Program
CS-lO
CS-II
The Union River canyon was dammed by the 195 foot high Casad Dam, filling the
canyon to a depth of 135 feet at the dam. The reservoir extends more than 1-1/4 miles to
the northeast between the steep slopes of Gold Mountain and the Blue Hills.
Twin Lakes Reservoir -- This man-made reservoir is located south of the Belfair Valley
Road, west of the Gold Mountain Golf Course, in a city Water Supply Protection Area,
on Utility Department lands. It is connected to the Union River by a water transmission
pipeline. It has a capacity of 1200 acre feet.
Anderson Creek -- This site is located at the mouth of Anderson Creek at the head of
Sinclair Inlet, just east of the Gorst business district, north of S.R. 160, in a city Forest
Resource Area, on Utility Department lands. The site is a former solid waste landfill that
was more recently used as a log staging site, and is now vacant. The soils on the site are
not suitable to support most commercial and/or industrial type buildings, and could not be
used for septic tank drainfield sewage disposal systems without extensive fill. The site is
about 800 feet east of a 22 acre Port of Bremerton aquatic preserve that was established
in the mid-1960's by an agreement with the Department of Ecology that is expected to
expire in the mid-1990's.
Other Conservancy Designations
CS-12 Camp McKean -- A recreational area for the use of Navy personnel located
approximately mid-way on West Kitsap Lake Road between Kitsap Lake Wetlands and
Northlake Way. Federal facilities are outside the jurisdiction of the City. This
designation will become effective upon annexation of the area to the City.
Urban Residential
The following areas are designated Urban Residential (map designations precede descriptions):
R-I(F) Jackson Park -- A U.S. Navy housing area located between NAD Marine Park and the
city limits offthe SR-3 Austin Drive Interchange, along the west shore of Ostrich Bay.
This is a U.S. Navy housing area and is outside the land use jurisdiction of the City2
R-2 Ostrich Bay-West/Oyster Bay-West -- Extends west from NAD Marine Park on the
west shore of Ostrich Bay, and around Madrona Point, to the Oyster Bay Commercial
area along the south shore of Oyster Bay.
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Shoreline Master Program
R-3
R-4
R-5
R-6
R-7
R-8
R-9
R-10
R-Il
R-12
Oyster Bay-East/Mud Bay -- Extends east from the Oyster Bay Commercial area, along
the east shore of Ostrich Bay, and along the west shore of Mud Bay to the city limits.
Haddon Peninsula -- Extends northeast from the city limits at the south end of Phinney
Bay, along the west shore of the Port Washington Narrows, and around Anderson Cove
to the Thompson Commercial area.
Port Washington Narrows-South - Extends west from the Thompson Avenue
Industrial area to the Warren Avenue Bridge Landing, along the southwest shore of the
Port Washington Narrows.
Park Avenue -- Extends southeast from the Warren Avenue Bridge landing to Evergreen
Park, along the southwest shore of the Port Washington Narrows.
Traeyton Beach -- Extends southeast from the city limits along the north side of
Tracyton Beach Road to Elm Street, along the northeast shore of the Port Washington
Narrows.
Stephenson Avenue -- Extends east from Lions' Community Playfield/Manette
Treatment Plant site to the Lent Lane Viewpoint at Stephenson Avenue, along the
northeast shore of the Port Washington Narrows.
Reid Avenue -- Extends east from the Lent Lane Viewpoint to the Community
Theatre/Sheridan Park site along the northeast shore of the Port Washington Narrows.
Manette-West -- Extends south from the Campbell/Wheaton Commercial area to the
Manette Bridge Landing, along the northeast shore of the Port Washington Narrows.
Manette-East -- Extends south from the Manette Commercial area, around the Manette
peninsula, to the city limits, along the northeast shore of the Port Washington Narrows
and the west shore of Sinclair Inlet. This area will extend north of Jacobson Boulevard to
the approximate extension of Cascade View Trail effective on the date of annexation
(pending).
Kitsap Lake -- Extends north from Camp McKean on the west lake shore, around the
lake along the east lake shore to Kitsap Lake Park. This area will include the southwest
lake shore between Camp McKean and Kitsap Lake Wetlands effective upon annexation
of that area (pending).
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Shoreline Master Program
R-13
Sherman Heights -- Extends along the northwest shore of Sinclair Inlet approximately
between State Route 3 (SR-3) and Bayview Drive extended. This designation will
become effective upon annexation of the area (pending).
Urban Commercial
The following areas are designated Urban Commercial (map designations precede descriptions):
C-1 Oyster Bay -- Extends southeast from Lower Oyster Bay Road, to the south side of
Kitsap Way at Oyster Bay Road, and then northeast on the north side of Kitsap Way to
the Forest Avenue intersection, along the south shore of Oyster Bay. This area excludes
the parcels adjacent to the shoreline at Lower Oyster Bay Road (Lot 14) and at Forest
Avenue (Lots 3 and 4), which are within the Residential designation.
C-2
ltighland -- Extends south from the intersection of 13th Street and Highland Avenue,
then south past the Manette Bridge to Sixth Street extended on the east side of
Washington Avenue, along the west shore of the Port Washington Narrows. Small
portions of the area west of Highland and Washington may also be within the 200-foot
shoreline area.
C-3
Campbell/Wheaton -- Extends southeast along old Wheaton Way from Sheridan Park to
a point just southwest of Warren C. Magnuson Way (the north boundary of the
Bremerton Gardens apartment complex), on the northeast shore of the Port Washington
Narrows.
C-4
Manette -- Extends southeast of the Manette Bridge Landing to the intersection of
Eleventh Street and Pitt Avenue, including a small area northeast of Shore Drive, on the
northeast shore of the Port Washington Narrows.
Downtown Waterfront
The Downtown Waterfront area is located along the west shore of the Port Washington Narrows
where it meets Sinclair Inlet. It is bounded on the south by PSNS; on the west by the west side of
Washington Avenue; on the north by the extension of Sixth Street waterward; and on the east by
Sh orelin e Master Program
the Outer Harbor Line. The Downtown Waterfront designation is divided into two sub-areas:
Upland (DW/U) and Marine (DW/M). (Map designations precede descriptions.)
DW/U Downtown Waterfront/Upland -- The area landward from the OHWM.~
Rcncwal Plan.
DW/M Downtown Waterfront/Marine (Over-Water) -- The area waterward of the OltWM.
It
includes
Urban Industrial
The following areas are designated Industrial (map designations precede descriptions):
I-1 Thompson Avenue -- Extends east from Marguerite Avenue extended northward before
it tums east to Pennsylvania Avenue extended northward, along the south shore of the
Port Washington Narrows.
1-2 Sheldon Boulevard -- Extends south from Evergreen Park at Fourteenth Street to the
intersection of Thirteenth Street and Highland Avenue, along the west shore of the Port
Washington Narrows. A small portion of this area between Fourteenth Street and Pacific
Avenue extends west of Sheldon Boulevard.
I-3(F) PSNS [1-3] -- Extends west from the Washington Street Ferry Terminal west of First
Street to the city limits on Charleston Beach Road south of Preble Street, on the west
shore of Sinclair Inlet. The entire area is within the federally owned Puget Sound Naval
Shipyard (PSNS), and outside of the land use jurisdiction of the City.
SECTIONS. Chapter 3, Section F of the City of Bremerton Shoreline Master
Program relating to environment-specific regulations is hereby amended to read as follows:
F. ENVIRONMENT-SPECIFIC REGULATIONS
Urban Commercial Environment
1. Urban Commercial Environments Landward of High Bluffs (As indicated on Shoreline
Environment Designation Maps):
a. Permitted: Water-dependent uses; water-related uses.
Shoreline Master Program
b. Permitted subject to Conditional Use Permit:
uses.
Other Urban Commercial Environments:
a.
b.
C.
Non-water-oriented commercial
Permitted: Water-dependent uses; water-related uses.
Permitted subject to Conditional Use Permit: Water-enjoyment uses.2
Prohibited: Over-water non-water-oriented commercial structures. (This does
not include marine or public access uses.)
Downtown Waterfront Environment
1. Downtown Waterfront Environment:,
Public access shall be provided in accordance with tke~...,,.,w._.~,,...,.,.,~^~'~ r~ ..... , ..... m~,~..~..~,,, ~'"-'.,' ,.,,~
TT..I..~ D~,,~I DI~Y'~
...................... hapter 21.02.152 BMC.
2. Downtown Waterfront/Upland:
a. PenTfitted: Water-dependent uses; water-related uses; water-enjoyment uses,
as defined herein, which may include museums, restaurants, and mixed-use
commercial.
b. Permitted Subject to Conditional Use Permit: Commercial parking lots, consistent
with the following criteria:
1) The parking lot is designed and managed for use by visitors and patrons of
uses within the downtown waterfront, and not available for employee
parking.
2) Parking stalls and drives are set back at least 25 feet from the OHWM.
3) The site plan features significant amenities and access to the shoreline.
4) The permit shall expire unless renewed every five (5) years.
Downtown Waterfront/Marine Environment:
a. Permitted: Water-dependent uses; water-related uses.
b. Permitted subject to Conditional Use Permit: Over-water restaurants; aquariums;
floating maritime museums (e.g. ships open to the public for tours); other water-
2Since they are not specifically prohibited, non-water-oriented uses may also be permitted by CLIP where not over the
water.
10
Shoreline Master Program
enjoyment uses, as defined herein: PROVIDED, Approval of such uses is
contingent upon compliance with the following criteria:
1) The use provides an opportunity for a substantial number of people to enjoy
the waterfront area. For restaurants and aquariums, access to and on the
seawardside of the structure shall be provided for patrons and the public.
2) Large ships open to the public for tours should be located north of Burwell
Street, to prevent degradation of views fi.om the downtown business core.
3) Restaurants and aquariums shall not exceed seventy-five (75) feet in width,
and not exceed twenty-five (25) feet in height, measured fi.om the Ordinary
High Water Mark (OHWM).
4) All structures shall be designed to be attractive and unobtrusive.
5) The structures shall be built on pilings or float. Landfill waterward of the
OHWM is not allowed.
6) The use is compatible with water-dependent uses of the area. Evaluation
of compatibility will consider:
a) Demands for the site by water-dependent uses (e.g. ferry terminal,
foot ferry, shipyard);
b) The effect on the usefulness of adjacent areas for water-dependent
uses;
c) The probability of attracting additional desirable water-dependent or
undesirable non-water-dependent uses;
d) Subsidies or other help offered by the developer to support nearby
water-dependent uses.
11
Shoreline Master Program
Development Standards
The matrix and illustrations which follow outline Master Program development standards for
various Environment and Natural System designations. These fignres are intended to supplement
the Use/Activity requirements in subsequent chapters.
Table 3-2 Site Development Standards
The Site Development Standards matrix (Table 3-2) summarizes development standards
for structures located within each environment designation. The intent of these
requirements is to provide limited view protection for nearby public and private areas and to
help protect the shoreline environment. (See also: View Protection requirements, Chapter
4.)
Figure 3-3 View Corridor Examples
Figure 3-3 shows a "bird's eye" view of the Figure 3-3 View Corridor requirements as
applied to lots that are 40 - 90 feet wide.
Figure 3-4 View Corridor/Height Requirements
Figure 3-4 gives a cross-section example of the Figure 3-3 View Corridor and Height
requirements as applied to lots varying from 40 to 90 feet in width. (The maximum heights
correspond with Bremerton Zoning Ordinance height limits for structures in the SF-1, SF-
2 and SF-3 zones.)
SECTION4. Chapter 3, Table 3-2 of the City of Bremerton Shoreline Master
Program relating site development standards is hereby amended to read as stated in Exhibit A
attached hereto.
SECTIONS. Chapter 4, Table 4-1 of the City of Bremerton Shoreline Master
Program relating to public access requirements is hereby amended to read as stated in Exhibit B
attached hereto.
12
Shoreline Master Program
SECTION 6. Chapter 5, use category "Commercial Development" of the City of
Bremerton Shoreline Master Program is hereby amended to read as follows:
COMMERCIAL DEVELOPMENT
Applicability
Commercial developments: Those uses which are involved in wholesale and retail trade or
business activities. Commercial developments range from small grocery stores to high-rise office
buildings, and include hotels and restaurants. Commercial development does not include any
activity for which a Home Occupation Permit is issued pursuant to the provisions of the Bremerton
Zoning Ordinance.
Goal
Encourage adequate commercial development of the k/nd that can be integrated with the shoreline
environment and can benefit t~om a shoreline location.
Policies
1. Commercial development in shoreline areas should be water-dependent, water-related,
or water-enjoyment uses. In general, non-water-oriented activities should be located
upland, away from the shoreline and landward of the top of the bluff.
2. Locate commercial development to maximize the enjoyment of the shoreline for a
substantial number of patrons, or for the general public.
3. Locate parking, circulation, and other elements of a commercial development so as not to
interfere with visual quality and visual or physical access to the shoreline.
4. Parking facilities should be placed inland, away from the immediate water's edge and
recreational beaches.
5. Development over the water which interrupts normal public use of the water surface should
be discouraged, except when such development is shown to be an integral part of a plan
promoting public access.
13
Shoreline Master Program
View Protection:
surrounding area.
properties, public roadways
water.
Public Access:
Design commercial development to be aesthetically compatible with the
Structures should not significantly impact water views fi.om upland
or other public areas, nor views of the shoreline fi.om the
a. Require commercial development to provide physical and/or visual public access
to the shoreline or other opportunities for the public to enjoy the shorelines of the
state.
b. Design resorts and commercial recreational developments to maximize public
access to the shoreline and water areas.
c. Design commercial developments to provide maximum public access to the
shoreline and water areas, unless it is demonstrated to be physically infeasible or
unsafe.
Regulations
1. Water-oriented commercial developments shall be permitted on the shoreline in
accordance with Table 3-1 - Shoreline Use/Activity Matrix. Non-water-oriented
commercial developments may be permitted by Conditional Use Permit when in
accordance with said Table 1 and other provisions of this Master Program, only where it
can be demonstrated that:
a. A water-oriented use is not reasonably expected to locate on the proposed site due
to topography, surrounding land uses, physical features, or due to the site's
separation fi.om the water.
b. The proposed use does not usurp or displace land currently occupied by a water-
oriented use and will not interfere with adjacent water-oriented uses; and
c. The proposed use will be of appreciable public benefit by increasing public use,
enjoyment or access to the shoreline.
2. Commercial uses that are proposed for shoreline locations will be evaluated individually
for their visual impact, waterfront relationship to the shoreline, and potential to enhance
public access, direct and visual, to the shoreline.
14
Shoreline Master Program
o
o
o
Parking shall be upland of the associated use whenever possible, and located, designed and
screened so as to have minimum visual impact.
When parking or circulation elements must be located adjacent to the shoreline, they shall
be designed to enable pedestrians access to and along the shoreline.
Commercial development shall provide landscaping which is appropriate for the scale of
structure and accessory use, such as parking area. Such landscaping shall consider the
visual impact on adjacent properties.
Public Access Requirements: Commercial use developments shall provide public access as
follows:
a. All commercial developments: "General public access" to the water, as specified
in the Public Access regulations.
b. In addition, all commercial developments on lots adjacent to the water's edge shall
provide "improved public access" to and along the shoreline. (See Public Access
use/activity section.)
c. In Downtown Waterfront environment: Public access shall be provided in
dan ith **'~ ~'~^~*~'~ T~ .... · .... ur~,~..C-.~, · T.*.~ ~, ....... ~ m~t'hapt
acoor ce w ....... v .......
21.02.152 BMC.
SECTION 7. Severability. 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.
SECTION 8. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, appro~and publication as provided by law.
APPROVED by the City Council the /2 day of ~ , 2002
PASSED by the City Council the ~_~ ~ ~ day of ~~t'~. ,2002
CAROL ARENDS, Council President
15
Shoreline Master Program
Approved this ~ day of
CARY BOZEMAN, Mayor
ATTEST: . APPROVED AS TO FORM:
K~RLt~I~I~I-Ivi~¢[_J~21~r, City/dl~,l~7' ./ ROGER A. LUBOVICH, City Attorney
/
PUBLISHED the~ day of
EFFECTIVE the,~t~_~day of
OP~eq~'4CE NO.
,2007'3
K:~,LEGAL\Ordinances\Community Development~SMP - Downtown Improvement.doc
16
Shoreline Master Program
EXHIBIT A
TABLE 3-2 SITE DEVELOPMENT STANDARDS (Page 1 of 34_)
ENVIRONMENT DESIGNATION SHORELINE VIEW HEIGHT 4
SETBACK l CORRIDOR 2
URBAN CONSERVANCY
Utility Lands 25' 6 25' 3
Other 25' 60% 2, 3 25' 3
Over-Water 8 NA NA 10' 5
RESIDENTIAL
Detached Dwelling Unit 25' 25-40% 2-, 3 25' 3
Attached or Stacked 25' or 15% of 30% 2, 3 25' 3
Dwelling Units parcel depth ~l
Over-Water 8 NA NA 15' 5
COMMERCIAL
Water-Dependent 0' 2, 3 35' 3
Water-Related 25' 2, 3 35' 3
Water-Enjoyment 25' 2, 3 35' 3
Non-Water-Oriented 50' 2, 3 35' 3
Over-Water e NA NA 35' 5
DOWNTOWN WATERFRONT ;~25,12 7 7
INDUSTRIAL
Water-Dependent 0' 6 35' 3
Water-Related 35' s 35' 3
Over-Water 9 NA NA 35' 5
NATURAL SYSTEMS
Kitsap Lake NA NA NA
Kitsap Lake Wetlands (Upland) CUP lo CUP lo CUP lo
Tracyton Beach (Madne) NA NA NA
CUP = SUBJECT TO CONDITIONAL USE PERMIT · NA = NOT APPLICABLE
EXHIBIT A
TABLE 3-2 SITE DEVELOPMENT STANDARDS (Page 2 of 3~_)
KEY [ REQUIREMENT
1 Shoreline Setback - Minimum setback for structures landward of OHVVM: PROVIDED, that
an activity adjacent to a marine bluff may be subject to a special marine bluff review resulting in
a greater setback. EXCEPTIONS: As provided in Bremerton Zoning Ordinance Chapter IV.
Section 1 .C. Front Yards: Intrusions into Required Setbacks.3
2 View Corridor - A view corridor shall be maintained across a minimum of twenty-five percent
(25%) of the average parcel width, as provided in Requirement #3 (below).
a. The corridor must be in one continuous piece.
b. Structures, parking areas and landscaping may be allowed within the corridor, provided
that they do not impair existing water views from the nearest public street landward of the
site nor from adjoining uses.
1) "Adjoining uses" are uses on property that touches or is directly across a street from
the subject property.
2) The applicant shall obtain signatures of all adjoining property owners who do not object
to the proposal in order to verify that a proposal will not impair adjoining water views.
c. EXCEPTIONS may be permitted by Conditional Use Permit.
3 Height/View Corridor - Structure height may be increased to designated zoning district
height limit if the increase does not impair views of the water from residential properties upland
of the nearest public street landward of the site; and
a. Either: The increased height is offset by an increase in the minimum View Corridor width
as follows:
Building Height View Corridor Width
Under 20 feet: 25%
20-35 feet: 35%
Over 35 feet:4 40%
(See alSo: Figure 3-5 View Corridor Requirements; and Figure 3-6 View
Corridor/Height Requirements.)
b. Or: The increase is offset by maintaining comparable portions of the structure lower than
the designated height limit.
4 Height Landward of OHWM - Maximum height above Average Grade Level, unless
otherwise specified.
5 Height Waterward of OHWM -- Maximum height above Extreme High Water (EHW) [15.4 ft.
elevation along the Bremerton shoreline].
6 View Corridor Exception -- No Shoreline Master Program requirement; Zoning Ordinance,
Dc;":ntcwn Wste.'f. rcnt Urbsn Renews! P!sn, or other applicable land use regulations apply.
3The shoreline yard is considered to be a second "front yard" for purposes of determining what intrusions may be permitted in
the shoreline setback. Fences are permitted within the shoreline yard in residential zones as provided by Zoning Ordinance Section 8.
"Fences and Walls" (maximum height - three (3) feet; open mesh cyclone type fence - 42 inches).
4Heights above thirtyfive (35) feet are permitted only when overriding considerations of the public interest will be served.
(RCW 90.58.320)
EXHIBIT A
TABLE 3-2 SITE DEVELOPMENT STANDARDS (Page 3 of 34)
KEY REQUIREMENT
7 Downtown Waterfront --:_ HeiRht/View CorridorA~ mgu~atad ~" r~ ..... , ..... ~^/.,+~,~,~+ ~ ~,~.~-
Height
a. Maximum structure heiRht shall be as provided in BMC 21.02.152(b) Development
Standards (DW Zone).
View Corridor
a. A view corridor shall be provided and maintained across a minimum of 20% of the avera,qe
site width re.qardless of structure hei.qht and shall be subiect to the provisions of 2 a.-c. above.
b. in lieu of prov dinq a view corridor as specified in a., the applicant may choose either of the
fo owinq means to enhance shoreline view access:
1 ) provide physical public access on the shoreline side of the site equal in area to the
amount of site that otherwise would be set aside for a view corridor in a.; this physical access
shall be provided as waterfront open space, terraces, decks, or similar access features open to
the public at all times; or
2) pay a public access acquisition fee to any dedicated account established by the City
for the sole purpose of acqu rinR and/or enhancin.q physical and/or visual shoreline access in
the DW Zone throu.qh easement or fee simple title, the amount equal to 50% of the assessed
value of the site area that otherwise would be set aside for a view corridor in a. above; if this fee
~s not used to acquire and/or enhance physical and/or visual shoreline access within 10 years, it
shall be refunded to the property owner; or
c Any combination of a, b(1 ) and b(2) may be utilized to satisfy the view corridor
requirements set forth herein.
8 Over-Water Environments - No structures, other than moorage structures or public access
piers, may be waterward of the OHWM.
9 Over-Water Industrial Environments - No structures, other than moorage structures, public
access piers, or industrial water-dependent structures, may be waterward of the OHWM.
10 Kitsap Lake Wetlands -- To be determined as a condition of approval of Shoreline
Conditional Use Permit (CUP).
11 Multifamily Shoreline Setback -- Whichever setback is greater,s
12 Shoreline Access -- Open space in the form of landscapin,q, walkways, terraces, restaurant
decks, and similar features accessible to the public that enhance public enioyment of the
shoreline environment is allowed as a permitted use within the setback area. To enhance
access by the public to the shoreline environment, park n.q is allowed as a permitted use
within the setback area when ancillary to a primary use, accessible to the .qeneral public,
concealed from shoreline views1 and contained within the support structure of open space
features.
SResearch into early drafts of this provision confirms that the intent of this provision was for the greater shoreline setback to
apply. This provision assumes that larger buildings will be located on larger lots with room for larger setbacks. This is consistent with
the height/view corridor principle that taller buildings provide a wider view corridor.
EXHIBIT A
TABLE 3-2 SITE DEVELOPMENT STANDARDS (PaRe 4 of 4)
KEY REQUIREMENT
CUP Conditional Use Permit - Permitted subject to approval of Conditional Use Permit.
NA Not Applicable.
EXHIBIT B
TABLE 4-1 PUBLIC ACCESS REQUIREMENTS (Page 1 of 2)
USE ACTIVITY GENERAL IMPROVED PUBLIC ACCESS REQUIREMENTS
PUBLIC PUBLIC (SUMMARY)
ACCESS ACCESS
AQUACULTURE F 1. Provide access or benefit to the public if
feasible.
ARCHEOLOGICAL & F F 1. Provide as required for associated use.
HISTORIC 2. Design and manage to give maximum
RESOURCES protection to resource.
COMMERCIAL USES R R 1. Downtown Waterfront: In accordance with
adopted Downtown Wate~ont 'Jrb~n
~Chapter 21.02,152 BMC.
FOREST F 1. Provide along Shorelines of State-wide
MANAGEMENT USES Significance:
a. Roadside scenic view pullovers;
b. Shoulder parking and pedestrian
access to streams;
LANDFILL * * 1. Provide as required for associated use,
MARINAS R F 1. Provide along top of breakwater where
feasible.
MINING F F 1. Provide safe visual access when physical
access not feasible.
RECREATION USES R R 1. Motorized vehicular access to beaches,
bars, spits and streambeds limited to boat
launching and maintenance activities.
2. All-terrain and off-road vehicles permitted
only where specific areas are set aside and
controlled, and only when demand is
sufficient to warrant such activity.
3. Golf courses: Provide public access for
dispersed passive recreation.
INDUSTRY USES R R 1. Provide visual and/or physical public
access whenever feasible and safe.
RESIDENTIAL USES R R 1. Exceptions: Multi-family developments,
subdivisions, and planned unit
developments of four (4) or less waterfront
lots/units.
TRANSPORTATION * * 1. Public Roads with Scenic Vistas:
USES a. Viewpoint areas;
b. Provisions for safe pedestrian and
non-motorized vehicular travel through
scenic corridors.
SMP GENERAL REQUIREMENTS 4 - 1
EXHIBIT B
USE ACTIVITY GENERAL IMPROVED PUBLIC ACCESS REQUIREMENTS
PUBLIC PUBLIC (SUMMARY)
ACCESS ACCESS
SHORE * * 1. Provide as required for associated use.
MODIFICATION 2. Dikes and Levees: Provide linear public
ACTIVITIES access when in public interest. Improved
public access is preferred.
3. Breakwaters, Jetties, & Groins: Provide
where feasible and safely compatible.
4. Bulkheads at public access sites: Provide
for safe access to the water.
UTILITIES R R 1. Provide for compatible multiple use of sites
and rights-of-way, including physical and/or
visual access points and trail systems.
WATER ACCESS AND * * 1. Provide as required for associated use,
MOORAGE consistent with scale of project.
KEY:
Required
Required Where Feasible
Special Requirements as Summarized
SMP GENERAL REQUIREMENTS 4 - 2
AFFIDAVIT OF PUBLICATION
County of Kitsap, State of Washington
No. 100038744
I, Valerie Zoller, 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 County 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 tree 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: January 2, 2003and that such
newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the
fee charged for the foregoing publication is the sum of}37.63 amount has not been paid in full.
~ ~ .....xo x ~ ~t ~. \ ¢ ~ (Signature of Principal Clerk)
S, --., }Exl:l. 05.04-04.~ ~
uns~ja~e,~:anll swom-~to~o~c me this day of January 7, 2003
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 4829'
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapters 3, 4,
and 5 of the City of Bremerton Shoreline Master Program relating to downtown waterfront site
development standards regarding shoreline scthack, view corridors and height restrictions in the
Downtown District.-
Approved by City Council: November 13, 2002-
Passed by City Council: December 30, 2002-
The full text of this ordinance is available at the City of Bremerton, City Clerk's Office, 239 Fourth Street,
Bremerton, WA 98337-
January 2, 2003, · #100038744-