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Home My WebLink About4886 ORDINANCE NO. 4886 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to land use and zoning, amending the zoning code by amending Section 21.02.150 of the Bremerton Municipal Code relating to unclassified uses (Unlisted Uses) to establish the criteria for the Community Development Director to consider in classifying, for processing, an application of an Unlisted Use, and further, amending Section 21.02.070 entitled "Definitions" to make technical corrections to this section by eliminating references to "Zoning Ordinance Special Exception." WHEREAS, the current provisions of Section 21.02.150 of the Bremerton Municipal Code relating to Unlisted Uses do not provide adequate criteria for reviewing and considering applications for Unlisted Uses which, pursuant to BMC 21.02.150, are not listed in Figures 120 and 140 of the zoning code, Chapter 21.02 as allowable uses by zones in the City; and WHEREAS, the City Council desires to update the provisions relating to Unlisted Uses to provide criteria for reviewing and considering applications for Unlisted Uses to provide standards for the exercise of the Community Development Director's discretion and eliminate the possibility of arbitrary decision making; and WHEREAS, the SEPA Responsible Official determined that adoption of this ordinance is categorically exempt as procedural action under WAC 197-11-800(20); and WHEREAS, on December 16, 2003, the Planning Commission held a public hearing on the proposed amendment to BMC 21.02.150 and recommended adoption of the proposal to the City Council; and WHEREAS, pursuant to RCW 36.70A.106, the City sent a copy of this Ordinance to the Office of Community, Trade and Economic Development; and WHEREAS, Section 21.02.070 of the Bremerton Municipal Code entitled "Def'mitions" requires minor technical corrections to eliminate references to "Zoning Ordinance Special Exception" which was eliminated fxom the zoning code pursuant to Ordinance No. 4798; and WHEREAS, on January 27, 2004 and February 11, 2004, the City Council considered and held a public hearings on this Ordinance during its regular City Council meetings; and THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Unlisted Uses SECTIONI. Section 21.02.150 of the Bremerton Municipal Code entitled "Unlisted Uses" is hereby amended to read as follows: 21.02.150 UNLISTED USES. (a) The Director shall review ~_~y application for a land use that is NOT listed in F{g'~-e 120 ~--Figure 140 for the purpose of associating the proposed unlisted use with a listed use or uses using the following entena ................... (1) The proposed unlisted use and the listed use or uses shall (i) pose similar impacts on the environment for noise, light and glare, dust and odor, and water quality; (ii) present similar operational characteristics for traffic volumes, typical hours of activity, parking demand, delivery of supplies, and storage of materials; (iii) demonstrate similar dimensional compatibility within the zones in which the listed use or uses is/are permitted, including structures' height and bulk, lot coverage and characteristic setbacks` landscape, fences, signage, and type of structure (style and materials); and (2) There must be a clear association of the proposed unlisted use with the listed use or uses within any one ofthel4 categories of Table 140. The Director's association of an unlisted use with a listed use or uses classifies the proposed use as the listed use or uses for procossing the application. (eb) Appeals. w,u~ r~:~.~..-a .... :~:~ ....... ~., ~:-*~ ~-~ ,u ...... ~ .... ,.. classification of an unlisted use or the Director's determination that the proposed use cannnt be classified and processed as any other listed use or uses mag be appealed to the Aclminigtrative Hearinf Examiner as a T~qae I administrative decision pursuant to BMC 21.02.840. SECTION2. The definitions for Lot Line, Front and Lot Line, Rear contained within Section 21.02.070 of the Bremerton Municipal Code entitled "Definitions" are hereby amended to delete references to Zoning Ordinance Special Exception, which was previously deleted from the Zoning Code pursuant to Ordinance No. 4798, as follows: LOT LINE, FRONT. Any property line that abuts a public street, private street, or alley (if no street frontage) is considered a frontage and shall meet the minlmmn lot frontage development requirements of this code, "-] .... a.~_.~ ~.:~.~a .t. ..... h ........ ~ ~r ~ ,^_:_~ LOT LINE, REAR. The property line most opposite or most distant from the designated frout lot line and that does not intersect any f~ont lot line. Comer lots often have no rear lot line. In the case of a waterfront property, the rear lot line is that which adjoins the ordinary high water 2 Unlisted Uses SECTION& Severabilit~. 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. SECTION4. Transmittal of Adopted Ordinance to State. Pursuant to RCW 36.70A. 160, the Community Developmem Director is directed to send a copy of the adopted version of this Ordinance to the State Office of Community, Trade and Development. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the 27th day of January, 2004 PASSED by the City Council the 11th day of February, 2004 DAREN NYGREN, Cot~c{~ President Approved this ~ day of ~,&~.~, 2004 C~Y~B ~MAN, Mayor ATTEST: ~ APPROVED AS TO FORM: ~~~ c~~~--~' ~m -'~ ey P.~ULA J~(J~Ol~,~ln"~e~tm City Clerk P~LIS~D ~e~ day of~, 2004 EFFECT~ ~e ~ ~y of~, 2004 O~CE NO. ~ R:XLEG~XO~n~sXCo~iw Developmmt~Unli~d Uses.doc 3 Unlisted Uses AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100093099 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 TI-IE 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 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: February 18, 2004 and 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 $44.94 amount has not been paid in full. (Signature of Principal Clerk) - -- Subscribed and sworn to before me this day of February 20, 2004 ~ohN*blbl' o ,~_~ ~. ,~ Notary Public in and for the State of Washington, Kitsap County. ~P~'~.530'~ ~O'~/~ OI~D[NANCE NO. 4886' ~ AM ORDI~AMCE of the City Couucil of the City of Bremerton, Washington, relating to land use and zoning, amending the zoning code by amending Section 21.02.150 of the Bremerton Municipal Code relating to unclassified uses (Unlisted Uses) to establish the criteria for the Community Development Director to consider in classifying, for processing, an application of an Unlisted Use, and further, amending Section 21.02.070 entitled "Definitions" to make technical corrections to this section by eliminating references to "Zoning Ordinance Special Exception."- APPROVED by the City Council the 27th day of January, 2004- PASSED by the City Council the llth day of February, 2004- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- February 18, 2004- · #100093099-