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HomeMy WebLinkAbout4932 ORDINANCE NO. 4932 AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting amendments to the City Zoning Code by adding new chapters as follows: Chapter 20AO entitled "Administration," Chapter 20A2 entitled "Definitions," Chapter 20A4 entitled "General Development Standards," Chapter 20A6 entitled "Special Development Standards," Chapter 20.60 entitled "Low Density Residential (R-I0)," Chapter 20.62 entitled "Commercial Corridor," and Chapter 20.64 entitled "Wheaton Way Redevelopment Corridor (WWRC)," all of which shall become effective upon the effective date of the ordinance adopting the Official Zoning Map. WHEREAS, the City Council adopted a new Comprehensive Plan for the City on December 1,2004; and WHEREAS, the City is in the process of updating its zoning regulations consistent with the new Comprehensive Plan; and WHEREAS, the City Council desires to begin the update process by updating and adopting new zoning regulations to be followed by additional updates; and WHEREAS, the proposed new zoning regulations have been approved by the Planning Commission; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 20AO of the Bremerton Municipal Code entitled "Administration" is hereby created to read as follows: CHAPTER 20.40 ADMINISTRATION 20.40.010 TITLE. This title shall be known as the "City of Bremerton Zoning Code." This Code shall consist ofthis text and the map entitled "City of Bremerton Official Zoning Map." 20.40.020 AUTHORITY. This title is adopted pursuant to Revised Code of Washington (RCW) Chapter 35.63. 1 Zoning Code 20.40.030 INTENT AND PURPOSE. The intent of this title is to regulate the physical development of all lands within the City of Bremerton's jurisdiction, except federally owned properties, in order to provide for orderly development within the City. The purpose is: (a) To implement the City's Comprehensive Plan; (b) To protect the community's social and economic stability, as well as the positive qualities and unique characteristics of all areas throughout the community; (c) To address both natural and man-made environmental considerations as part of the land use and development permitting processes; and (d) To ensure the orderly and beneficial development and use of all lands by: (1) Reserving an adequate supply of developable land area for each major category ofland use and in the most appropriate locations, (2) Preventing the encroachment of incompatible uses; and (3) Providing clear concise regulations and development guidelines that are consistent with City goals and visions. (e) To protect the public's health, safety and welfare as a whole and not to create a duty of protecting any person or class of persons. 20.40.040 ADMINISTRATIVE AUTHORITY. The Director shall have the authority to make and issue orders, rules, requirements, permits, interpretations, decisions, or determinations as necessary in the administration and enforcement of the provisions of this title, except when provided for otherwise. 20.40.050 DEFINING SHALL AND MAY. The word "shall" is always mandatory; the word "may" denotes a use of discretion in making a decision 20.40.060 MINIMUM REQUIREMENTS. The provisions set forth in this title shall constitute the minimum requirements necessary to promote the public health, safety, morals, and general welfare. 20.40.070 CONFLICTS. The provisions of this title shall govern when this code imposes a greater restriction than is required by other ordinances, regulations, easements, covenants, or other agreements. In the case of internal conflicts within this code, the most restrictive provision shall prevail. 20.40.080 INTERPRETATIONS. The Director shall have the authority to make written interpretations when necessary for clarification or to resolve conflicts within these regulations. Any person may submit a written request for a code interpretation to the director, or the director may issue a code interpretation on the director's own initiative. A request for a code interpretation shall include the following (a) The provision of this title for which an interpretation is requested; (b) Why an interpretation of the provision is necessary; ( c) Any reason or material in support of a proposed interpretation; and (d) Any fees adopted by the City Council. 2 Zoning Code 20.40.090 ZONING MAP INTERPRETATIONS. The Director shall use the following criteria to interpret the Official Zoning Map: (a) Where a zone boundary is indicated as approximately following a property line, the property line is the zone boundary. (b) Where a zone boundary is indicated as following a street or other right-of-way, the centerline ofthe street or right-of-way is the zone boundary. ( c) Where a zone abuts or extends into a lake or into Puget Sound, the zone boundary extends into that body of water to the full limit and territorial extent of the jurisdiction and control ofthe City. (d) Where a zone boundary is not indicated to follow a property line, street, or other right-of-way, the boundary line is as drawn, based on the scale shown on the Zoning Map. 20.40.100 COMPLIANCE WITH OTHER LAWS. Nothing in this title shall be construed to excuse compliance with other applicable federal, state, or local laws or regulations. 20.40.110 CITY LIABILITY. Nothing in this title shall be construed to impose any duty upon the City or any of its officers or employees so as to subject them to liability for damages not otherwise imposed by law to protect individuals from personal injuries or property damage. 20.40.120 . PROPERTY OWNERS/ APPLICANT RESPONSIBILITY. (a) It is the intent ofthis title to place the obligation of complying with the requirements of this title and all applicable laws and regulations upon the owner, and jointly and severally upon the occupant ofthe land and buildings within its scope. (b) The applicant is responsible to provide accurate and complete information and plans to comply with the requirements ofthis title and all applicable laws and regulations. The City is not responsible for the accuracy of information or plans provided to the City for review or approval. 20.40.130 SCOPE OF UNLAWFUL ACTIVITY. It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, move, remove, convert, demolish, use, occupy, or maintain any structure or use ofland, or any portion, in violation of the provisions of this chapter. The violation shall exist until the unlawful act and/or unlawful use has been remedied or abated. 20.40.140 ENFORCEMENT. (a) It is the duty of the Director to enforce the provisions of this title. Enforcement actions may include one or more of the following: (1) Withhold or revoke land use permits or approvals, (2) Withhold or revoke building permits for construction or alteration of a structure, abatement of structures; (3) Revocation of use permits and variances; (4) Enforcement through Chapter 1.04 BMC; (5) Filing a court action in a court of competent jurisdiction. (b) Land Use/Permit Revocation: a permit or land use approval may be revoked if: 3 Zoning Code (1) The work is not authorized by a valid permit or approval; (2) Inaccurate or incorrect information was used to obtain the permit or approval or the permit or approval was issued in error; (3) The permittee is not complying with the terms of the permit or approved plans; (4) The permittee is in violation of the requirements of this chapter or of any land use ordinance, statute, or regulation; or (5) The work is, in the Director's judgment, a hazard to property or public safety, is adversely affecting or about to adversely affect adjacent property or rights-of-way, a drainage way, watercourse, sensitive areas or storm water facility, or is otherwise adversely affecting the public health, safety, or welfare. ( c) Revocation of a permit or land use approval shall be made by (1) The Director for Type I and Type II permits subject to the right of appeal as set forth in this title. (2) The Administrative Hearing Examiner for a Type III permit subject to the right of appeal as set forth in this title. (3) The Council for a Type IV permit as provided by law. 20.40.150 PROHIBITION OF FURTHER PERMITS OR APPROVALS. The City shall not accept, process, or approve any application for a subdivision or any other land use permit or approval, or issue a certificate of occupancy for property on which a violation of this chapter has occurred until the violation is cured by restoration or other means accepted by the Director and by payment of any penalty imposed for the violation. 20.40.160 VIOLATION - PENALTY. (a) Any violation of any provision of this title constitutes a civil violation under BMC Chapter 1.04 for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this title shall be guilty of a misdemeanor pursuant to BMC Section 1.12.020(2). SECTION 2. Chapter 20.42 ofthe Bremerton Municipal Code entitled I "Definitions" is her~by created to read as follows: Chapter 20.42 DEFINITIONS 20.42.010 GENERAL DEFINITIONS. Terms not defined herein shall take their meaning from definitions in the comprehensive plan, shoreline master program and other ordinances incorporated by reference. If a specific tenn is not defined or referenced, it shall take its normal and customary meaning within the context of how it is used. When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular. 4 Zoning Code 20.42.020 DEFINITIONS. The following terms and definitions shall be applied to the provisions of this title. ACCESSORY DWELLING UNIT (ADU) means a second dwelling unit added to or created within an existing single-unit residential structure (principal structure) or within a detached accessory structure (guest house, cottage, or as part of or above a garage) for use as a complete, independent or semi-independent living unit with provisions for cooking, eating, sanitation and sleeping, and which complies with the design standards contained in this code for ADDs. ACCESSORY USE, ACTIVITY OR STRUCTURE means a use, activity, structure or part of a structure which is subordinate and incidental to the permitted principal use or building, located on the same lot or parcel with such principal use or building, and erected or established only after or in conjunction with the establishment of the principal use or building. ACRE, NET means a measurement ofland after subtracting public and private streets, rights-of- way, and other unusable or non-developable areas ofland from a gross acre ofland (43,560 square feet). ADJOINING AND ADJACENT-means property that touches or is directly across a public or private right-of-way. This does not include property across from limited access highways or arterials with four lanes of traffic or more. ADMINISTRATIVE HEARING EXAMINER means a person appointed with the powers set forth in BMC Chapter 2.13. The term "administrative hearing examiner" shall likewise include the examiner pro tem. As used in this Chapter, "Administrative Hearing Examiner" shall not mean the Municipal Court Hearing Examiner established pursuant to BMC Chapter 2.62 of the Bremerton Municipal Code. ADULT ENTERTAINMENT BUSINESSES, see BMC 20.46.110. ADULT F AMIL Y HOME means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this defmition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,42 D.S.C. 3604(f)(3)(b). ALLEY means any public right-of-way or thoroughfare having a typical width of at least ten (10) feet, but generally not more than thirty (30) feet, which has been dedicated or deeded to the public for public use and which affords only secondary means of access to abutting properties, primarily for service purposes. ALTERATION, STRUCTURAL means any changes or repairs to the supporting members of a struCp.lre, or to the configurations of the roof or exterior walls, that would prolong the life of the 5 Zoning Code supporting members of a building or structure. This does not include minor actions such as adding a doorway or window, or attaching architectural features, appurtenances, or adornments. ANTENNA, WIRELESS means any exterior equipment attached or mounted to a building or tower in the form of one or more rods, panels, discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals. (1) Omni-directional antenna transmits and receives radio frequency signals in a 3600; radial pattern. For the purpose ofthe provisions set forth in BMC Chapter 21.02.335, an omni- directional antenna is up to 15 feet in height and up to seven inches in diameter. If otherwise meeting the definition, a whip antenna is considered an omni-directional antenna. (2) Directional antenna transmits and receives radio frequency signals in a specific directional pattern ofless than 3600. (3) Parabolic antenna is a device of generally parabolic shape for the reception and transmission of radio frequency signals in a specific directional pattern. Also referred to as a satellite dish. ANTENNA TOWER means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers. (1) Type 1 Tower" means a tower up to, but not exceeding, 60 feet in height. (2) Type 11 Tower" means a tower greater than 60 feet in height. APPLICANT means a person who applies for any permit or approval to do anything governed by this title and who has legal standing to apply for a permit or approval on the specific property. APPURTENANCE OR APPENDAGE means a supplemental component, architectural feature, or decoration that has been added to or extends outward from the exterior of a building wall and is not a primary component of the structure itself. This includes bay windows, low decks, open porches, awnings, chimneys, and other similar features. ARCADE means a place of amusement consisting primarily of games of skill, such as video games, pinball machines, and carnival-style skill games. An arcade may be a primary or 'accessory use. ART GALLERY means a room or series of room where art such as paintings, sculptures or other works are exhibited. ART STUDIO means a loft, room, group of rooms or building in which an artist works. This includes facilities for the production of photographic works (still or motion), painting, sculpture, dance, music or similar activities. A studio is often found in combination with a gallery or may be an accessory use to a retail business or other use. This does not include incidental artist work areas within a residence, which produce nO odors or noise that negatively impact adjacent properties. 6 Zoning Code ASSISTED LIVING FACILITY means a residential facility for elderly persons (age fifty-five or older) who require moderate to extensive assistance with daily tasks such as cooking, eating, bathing, housekeeping, dispensing of medicines, shopping, appointments and other tasks. BAY WINDOW means a window projecting outward from an exterior wall of a structure forming a small recess opening off of a larger room. BED & BREAKFAST means an owner managed and occupied residential single-unit dwelling in which rooms or other overnight accommodations are rented on a nightly basis. Meals may be included that are included as part of the basic compensation. This does not include group residential homes, boarding and rooming houses. BOARDING, ROOMING HOUSE means a single-unit residential structure in which rooms without kitchens are provided for non-transient persons and may include meals. This does not include licensed care providing facilities. BUFFERING means a structural, earthy, or vegetative form used to minimize the impacts of one land use upon another. A buffer may include anyone or a combination offences, walls, berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering. BUILDING CODE means the International Building Code and related codes as amended and adopted by the City of Bremerton. BUILDING ENVELOPE means the three-dimensional space within which a structure is permitted to occupy. Height, Floor Area Ratio, setbacks, lot coverage and similar restrictions establish the building envelope. BUILDING LINE means a line on a lot, generally parallel to property lines and located a sufficient distance from the property lines to provide the minimum yard areas required by this code. Building lines establish the area within which buildings are permitted and does not necessarily correspond with the location of any existing structures or other improvements. CARETAKER means a person who maintains or watches over someone else's land or property on a part- or full-time schedule. The caretaker may live on the property or elsewhere. CARETAKER RESIDENCE means an accessory dwelling unit provided by the owner of a property to be used exclusively as living quarters for the caretaker(s) ofthat property. CAR WASH means a business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger commercial trucks and buses. It includes self-service, full-service, and automated car washes and auto detailing services. CENTER, COMMUNITY OR NEIGHBORHOOD means a facility operated by a public agency or non-profit organization for social gatherings; learning; recreation; programs to 7 Zoning Code I ----~-~ promote economic independence; and similar functions to improve life skills and increase socio- economic opportunities for neighborhood or community residents of all ages. CENTER, SENIOR means a facility designed and equipped to serve the social and recreational needs and interests of senior citizens and offering the same general types of activities available in a neighborhood or community center. CENTER, YOUTH OR TEEN means a facility offering some or all ofthe types of activities commonly found in a community or neighborhood center but tailored specifically to provide for the needs and interests of the under 21 age group. CHANGE OF USE means a change in the utilization or occupancy of a property or building from one use to another. WORSHIP, RELIGIOUS, CHURCH FACILITY means a building or structure primarily intended as a place for public worship and related activities such as religious education, meeting halls, and kitchens or places for personal worship or meditation. It does not include pre-schools, parochial schools, day care facilities, major recreational facilities, vehicle or equipment storage yards, or other functions that are not clearly a necessary or integral part of the religious institution. CITY means "City" shall mean the City of Bremerton, Washington. CLINIC means an establishment used for the mental and physical care of human patients, but which excludes facilities for overnight patient care. DAY CARE FACILITY means a facility licensed by the State of Washington and approved by the City to provide regular care for adults or children for periods of less than 24 hours. DECK Means an open platform wider than 18 inches. A deck may be free-standing, cantilevered from a building, or connected to the ground with steps or ramps. A deck that is higher than 30 inches above finish grade may be referred to as a raised deck, a rooftop deck, a balcony, or other suitable term. DELICATESSEN means an establishment selling cooked or preserved foods such as meats, prepared salads, desserts, cheeses, pickles, sandwiches, soft drinks, etc., generally for consumption off the premises. DENSITY means a measure of residential concentration, usually expressed as the number of dwellings per acre of land. For example, a 100-acre area containing 300 dwellings has a "gross" density ofthree dwellings per acre. "Net" density is determined by using the acreage total after all undevelopable areas (streets, open space, wetlands, etc.) have been removed. The U.S. Census Bureau defines "rural density" as 200 persons per square mile or about one dwelling per ten acres. 8 Zoning Code DENSITY, MAXIMUM ALLOWABLE means the number of dwellings per gross acre as stated for each zone. DEPARTMENT STORE means a retail commercial store that consists of a variety of specialty departments that are interconnected within the same structure and under the same ownership, such as jewelry, clothing, shoes, automotive products, sporting goods, etc. DETOXIFICATION CENTER means a facility providing for the care and treatment of an intoxicated person during the period in which the person recovers from the transitory effects of acute intoxication. DIRECTOR means Bremerton's Director of Community Development and his/ her designee. DRINKING PLACE means an establishment selling intoxicating beverages for consumption on the premises. DRIVE-THROUGH FACILITY means an automobile-oriented facility designed primarily for drive-through trade, and which provides service and caters to patrons while in their motor vehicles. This does not include gas stations, service stations, and auto repair garages. DUPLEX means a structure containing two dwelling units on a single lot. DWELLING, CONVENTIONAL means any building or structure that is built or assembled (in the case of a modular structure) on the site and in conformance with the provisions of the Uniform Building Code (UBC). DWELLING, MODULAR or FACTORY BUILT means buildings or structures that are constructed primarily in a factory and transported to the site for assembly or installation. All temporary wheels, axles, and other appliances used in the transport are removed at the destination and the structure is permanently placed, unless approved as a temporary placement by the City. Such structures are constructed to the standards of either the Uniform Building Code (UBC), or the HUD Code. (Also see: Manufactured Home) DWELLING, MULTI-UNIT STRUCTURE means a structure containing three or more dwelling units. (Also referred to as "multi-family" structure.) DWELLING, SINGLE-UNIT STRUCTURE means a structure containing one dwelling unit. (Also referred to as a "single-family" dwelling, or a "house".) DWELLING, SINGLE-UNIT ATTACHED means two single-unit dwellings (houses) that are attached at a common side lot line with each dwelling located entirely on its own lot. This does not include row houses or other housing types having more than two attached units. DWELLING UNIT means a living space or combination of rooms designed to provide independent year-round living facilities for one family or household, constructed to the minimum standards of the UBC or HUD Code, and with provisions for sleeping, eating and sanitation. 9 Zoning Code FACTORY OUTLET means a retail store that sells products predominantly from a single manufacturer. It may be within the same building or on the same site as its manufacturing facilities, or at another location. A single manufacturing business may have many factory outlet stores, often located with similar stores in "outlet malls". When sited independently of its manufacturing facilities, a factory outlet store is permitted in the same manner as any other retail store selling similar merchandise. FENCE means a structure built to prevent escape or intrusion, or to provide privacy, screening, or buffering from noise or other undesirable impacts or activities beyond the property line. Also includes freestanding walls. FOOD/BEVERAGE TAKE-OUT means a business establishment that specializes in fast service sales of limited food products such as sandwiches, hot dogs, packaged lunches, and hot and cold drinks, and that has no indoor customer seating. Such facilities may include pedestrian oriented or vehicular drive-through food booths, espresso stands, juice bars or similar facilities. Such facilities are located on permanent sites and should not be confused with street vendors. FOSTER HOME means a dwelling unit in which a full-time resident provides temporary care and supervision on a full-time basis to not more than six foster children, three expectant mothers, or three other adults requiring full-time care. GRADE means the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line. When the property line is more than five feet from the building, grade is the lowest point of elevation of the finished surface between the building and a line five feet from the building. For structures built over water, grade shall mean the elevation of the ordinary high water mark. GRADE, EXISTING means the grade or topography existing prior to any excavation, clearing, grading or filling. GRADE, AVERAGE FINAL means the average ofthe final grade that will be directly under the proposed building or structure. Calculations of the average final grade shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. GREENHOUSE see "Nursery and Greenhouse" GROSS FLOOR AREA means the sum of all horizontal areas offloors of a structure when measured from the exterior faces of exterior walls; including glazed or screened porches. GROUP RESIDENTIAL means shared living quarters without separate kitchen facilities for each room or unit. This classification includes group care residence for those whose permanent residence is the group residential facility. It does not include transient lodging. This definition shall not be construed to include crisis care facilities, detoxification centers or housing of sexually violent predators, as defined in RCW 71.09.020(16). Zoning Code I 10 GROUP RESIDENTIAL FACILITY - CLASS 1 (ASSISTED LIVING) means a group care residence for seven or more children and/ or adults who for various reasons cannot reside in their natural homes; and/or for persons who have severe chronic disabilities or physical handicaps that cause substantial functional limitations. This facility may provide physical therapy and training in social skills. It does not include facilities to which persons are assigned as a result of criminal conviction or those where residents, individually or by their legal guardians, are not free to terminate their residency at will. GROUP RESIDENTIAL FACILITY --- CLASS II means a group care residence for juvenile delinquents, the mentally ill, persons serving a sentence in lieu of confinement, persons needing correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs providing alternatives to imprisonment; transition back into the community including pre- release, work-release, and probationary programs that are under the supervision of a court, State, or local agency. Teaching of work or social skills may be provided in this class facility but it does not include drug or alcohol detoxification centers. GROUP RESIDENTIAL HOME means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six children and/or adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,42 D.S.C. 3604(f)(3)(b ). HOMEOWNERS ASSOCIATION means an association of homeowners that has responsibility for commonly owned property within its residential development and which enforces covenants and restrictions on commonly owned areas or private property. HOME OCCUPATION means any non-residential use carried out for monetary gain, which is secondary to the use of the property for residential purposes, and which is operated in accordance with the Home Occupation standards of this code. HOSPITAL means a licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from physical or mental conditions, and which may include related facilities as an integral part of the institution. HOTEL means an establishment that offers transient lodging accommodations to the general public, and which may provide such related services such as restaurants, meeting rooms, gift shops, beauty shops and recreational facilities. HOTEL, RESIDENTIAL or INN means a hotel that is oriented toward medium-term or long- term residents, with rooms offered at a weekly or monthly rate. Such a facility might also be oriented toward seasonal residents, persons with a particular need or income level, or persons employed in the area for a short time. 11 Zoning Code HOUSEHOLD means all persons, regardless of age, sex, or family relationships, that reside as a single unit in a dwelling intended for single household occupancy. Such group quarter facilities as dormitories, boarding houses, nursing homes or similar accommodations typically do not provide facilities for households. IMPERVIOUS SURFACE means any material which reduces or prevents absorption of stormwater into previously undeveloped land. JUNK YARD means a place where discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or otherwise handled. This includes automotive wrecking yards; house wrecking yards, and storage of structural steel materials and equipment, but does not include used or salvaged machinery in operable condition nor the processing of used, discarded or salvaged materials as a minor part of manufacturing operations. KENNEL means an establishment where five or more domestic animals older than six months are kept, whether for compensation or not. This does not include veterinary clinics/hospitals, pet shops or zoos. LOADING AREA means an area designed and intended for the temporary parking of a vehicle while loading or unloading passengers, merchandise or other materials. LOT means any area, tract or parcel of land owned by or under the lawful control and in the lawful possession of one distinct ownership undivided by a dedicated street or alley or another ownership, and which has a minimum of twenty feet of frontage on a street. LOT AREA means the area within the boundary lines of a lot. When creating new lots, the calculation for each new lot area shall not include public and private streets, wetlands, and other areas that may be restricted from use or from the types of development allowed by the zone in which the property is located. LOT, FLAG means a lot with access to its street by way of a narrow strip ofland having a minimum width of twenty (20) feet. A flag lot consists of two parts. 1. The "flag" or main body of the lot; and 2. The "panhandle" or narrow access way connecting the body of the lot to the street. LOT, WATERFRONT means a lot of which any portion abuts wetlands or any water body regulated under the Bremerton Shoreline Master Program. LOT COVERAGE means that portion of a lot covered by the roof areas of all structures. This shall not include open decks, except if it provides a roof over occupancy underneath. LOT DEPTH means the horizontal distance between the front and rear property lines of a lot, measured along a line midway between the side property lines. The depth of an irregular lot or a lot having more or fewer than two side lots lines will be determined in the most reasonable manner, based on the lot's longest average dimension. 12 Zoning Code LOT LINE, FRONT means any property line that abuts a public street, private street, alley (if the alley provides primary access) or Ordinary High Water Mark; and is considered a frontage. LOT LINE, REAR means the property line most opposite or most distant from the designated front lot line and does not intersect any front lot line. Corner lots do not have rear lot line. LOT LINE, SIDE means any lot line not defined as a front or rear lot line, or any lot line that intersects a front lot line. LOT WIDTH means the average horizontal distance between side lot lines, measured at right angles to the lot depth line. The Director may use reasonable modifications to this procedure when determining the width of an irregular lot. MANUFACTURED HOME means a single-family dwelling required to be built in accordance with regulations adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.c. 5401 et seq.) The unit shall bear an insignia issued by a State or Federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the U.S. Department of Housing and Urban Development (HUD). Commercial coaches, recreational vehicles, travel trailers, and motor homes are neither manufactured homes nor dwelling units. (See Mobile Home.) MARINA means a facility which provides moorage or wet or dry storage for watercraft or float planes, and which may offer marine-related sales and services. MEDICAL LABORATORY means a facility primarily engaged in providing analytic or diagnostic services on human specimens, including body fluid or body tissue, or performing diagnostic imaging, to government agencies, to the medical, dental, or other health service professions or to the patient; includes the fabrication of dentures, eyeglasses and contact lenses, and prosthetic devices. MOBILE HOME means a factory-built dwelling built before June 15, 1976, to standards other than the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state. Mobile Homes are accommodated within some existing mobile home parks, but are not allowed on individual lots. (See Manufactured Home.) MOTEL means a facility that offers transient lodging accommodations to the general public, with at least 25 percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. A motel may include in-room kitchen facilities and may offer laundry facilities, exercise rooms, pool, flower and gift shops, travel services, restaurant, banquet and convention facilities as accessory functions. MUSEUM means a building, room, vessel (boat or ship), or site intended for the preservation and exhibition of artistic, historical, or scientific objects. In the interests oflocal historic 13 Zoning Code preservation, the Land Use Tables allow the use of historically significant buildings in residential areas to be used as museums. NONCONFORMING LOT means a lawfully created lot which has characteristics that no longer conform to the applicable standards and regulations for the zone in which it is now located. NONCONFORMING STRUCTURE means a structure that was legally constructed under the codes in place at that time, but does not comply with currently required setback, height, lot coverage, or other development standards of the zone in which it is now located. NONCONFORMING USE means any activity, development or condition that was legally established prior to the effective date of this or other applicable code requirements and which would not be permitted under today's codes. (Such uses are often referred to as "grandfathered" and may continue to exist and operate legally.) NURSING HOME means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty- four consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include community-based care. This does not include group residential facilities, hospitals, sanitariums, or treatment centers. NURSERY and GREENHOUSE means facilities used for the propagation and sale of agricultural or ornamental plants and related products: 1. Retail Nursery/Greenhouse: Offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. 2. Wholesale Nursery/Greenhouse: Raises nursery stock for sale to retail nurseries or other businesses. 3. Greenhouse: A nursery facility constructed with transparent or translucent materials for indoor propagation of plants. A private greenhouse with no commercial sales is considered an accessory use. OPEN SPACE means any area which provides physical or visual relief from the developed environment. It may consist of lands that are improved or unimproved, and public or private. Within the urban environment, open space may include linear streets capes, view corridors, shoreline areas, mini-parks, pedestrian corridors, and areas reserved or used for stormwater retention, drainage, wetland protection, etc. For zoning and development purposes, specific areas may be required for outdoor recreation, resource or sensitive areas protection, amenities, safety, or buffering. The calculations of areas designated to meet open space requirements may not include driveways, parking areas, required yard areas, land occupied by buildings or structures, nor other impervious surfaces that are not related to the open space. 14 Zoning Code OUTDOOR ATHLETIC FIELDS means outdoors facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis complex and other non-motorized sports. Outdoor athletic fields may include bleachers, concession stands, lights, restrooms and other supporting facilities. OVERLAY ZONE means a set ofland use and development requirements designed to be applied over, or in addition to, the requirements ofthe underlying zone for a specific purpose without removing or modifying the underlying zone. Common examples are design review overlays and parking overlays. PARCEL means a continuous quantity of land in single ownership or under single control, consisting of one or more lots, and considered a unit for purposes of development. (See "Lot") PAVED SURFACE means a surface paved with asphalt, concrete, concrete pavers, or brick but excluding gravel, crushed rock, and similar materials. PERSONAL SERVICE BUSINESS means an establishment engaged primarily in providing services involving the care of a person or apparel, such as; shoe repairs, laundry and dry- cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming facilities and domestic assistance services. This does not include massage parlors, health care services, exercise establishments, nor funeral services. PIER means a fixed structure, or a permanently moored floating structure, built over tidelands or shorelands, and used for a marine landing or moorage for watercraft. PORCH means a roofed open area attached to a building or other structure, usually at an entrance to the structure. A porch that is enclosed, glazed or screened, may lose its status as an appurtenance. PRIVATE CLUB OR LODGE means structures, facilities and grounds owned or operated by a private or fraternal organization for use by its members and guests. PUBLIC FACILITIES means facilities provided for the benefit ofthe general public including streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, public schools, and other public buildings. PUBLIC SERVICES means services provided for the benefit of the general public, including fire protection and suppression, law enforcement, public health, education, information, recreation, environmental protection, development assistance/permitting, etc. RECREATIONAL VEHICLE means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include, but not limited to, travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes. 15 Zoning Code RECREATIONAL VEHICLE PARK means a facility designed to provide two or more sites on which to park travel trailers, motor homes or similar recreational vehicles for periods not to exceed 30 days. Accessory uses to an "RV Park" often include a swimming pool, playground equipment, convenience store, bathing and laundry facilities, and other camping/travel services. RECYCLING CENTER means a facility for the collection, storage and processing of recyclable materials including crushing, breaking, sorting, packaging and related operations. A "junk yard" is not a recycling center. RECYCLING COLLECTION STATION means a facility consisting of structures, bins, or other containers designed or intended for the collection and temporary storage of recyclable materials until they are picked up and transported to another location for processing and/or packaging. RECYCLING COLLECTION STATION (LIMITED) means a recycling collection station for the collection of glass, tin cans, aluminum, cardboard, newspaper, magazines, plastics, and other recyclables in small units, but not including large appliances, furniture, auto parts, tires, hazardous or liquid wastes, or any forms of domestic garbage (putrescible wastes). REHABILITATION means the upgrading ofa building from a dilapidated or substandard condition. RESIDENTIAL, AS SECONDARY USE means when permitted in a non-residential zone, a residential land use is not always accessory to other uses, but is considered secondary and subordinate to the principal uses of that zone. Residential uses are placed in locations that don't conflict with street level frontage locations that are reserved for retail, office and other business uses that comprise the primary function of that zone. (See design standards) RESTAURANT means a commercial use (excluding fast food establishments) which sells a variety of prepared food and beverages and provides accommodations for consuming those products on the premises. RESTAURANT, FAST FOOD means an establishment whose principal business is the sale of a limited variety of pre-prepared or rapidly prepared food and beverages directly to the consumer for consumption either on or off premises. Food is generally not served to the customers' tables, but is more often dispensed through a walk-up counter or drive-through take-out window. REZONE means a formal amendment to the Official Zoning Map of the City of Bremerton to change the zone designation of one or more lots. (also referred to as a Zoning Map Amendment) SENIOR CITIZEN means an individual of 55 years of age or older. SENIOR HOUSING COMPLEX means a planned residential community, intended and operated for occupancy by senor citizens, which consists of any mix of detached single family or duplex dwellings and/or retirement apartments, wherein, at least 80% of the occupied units are occupied by at least one Senior Citizen. 16 Zoning Code SETBACK means the required horizontal distance between the finished exterior wall of a structure and the lot line of the lot on which it is located. SETBACK, PERIMETER means the required distance between the allowed building envelope and the exterior lot lines of a Planned Unit Development. This does not apply to interior lots. SCHOOLS, PUBLIC means an institution oflearning operated by a public school district and including colleges. This may include schools operated by a non-profit organization. SCHOOL, PRIVATE means privately owned and operated schools including private colleges, Montessori schools and similar. SCHOOL, PAROCHIAL means an institution having a curriculum equivalent to that of a public school but supported and controlled by a recognized religious organization. SCHOOL, BUSINESS & TRADE means an institution providing instruction and training in a specific service, art, or trade such as secretarial, real estate, travel, auto or machinery repair, welding, etc. SIDEWALK VENDOR means a person(s) who sells edible or non-edible merchandise from a stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public place. They are not categorized as a land use. SIGN means any communication device, structure, or fixture which is intended to identify a building, use, business, or event; or to promote the sale of products, goods or services; using graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns which do not represent a product, service or registered trademark, and which do not identify the user, are not considered signs. (See "Sign Provisions" of this code) STADIUMS AND SPORTS COMPLEXES means a large structure for open-air sports and entertainment generally consisting of tiered seating where people can sit and watch games. Field houses and facilities for serving food are often included. STORAGE YARD means an outdoor area where vehicles, equipment, merchandise, raw materials, or other items are accumulated and stored for an indefinite period until needed. Storage yards are often used in conjunction with a warehouse, storage buildings, sheds or other structures and may be public or private. Unless a function of a government agency or public utility, storage yards are considered accessory to a business or other principal use. STORY means that portion of a building that extends from the floor surface to the surface of the floor above or, in the case of a top floor, to the ceiling or roof above. If a finished floor level is more than six feet above the finished grade for more than fifty percent of the total perimeter, the area beneath that floor shall be considered a story. 17 Zoning Code STREET means the improved section of any public or private right-of-way intended primarily for motor vehicle travel and which affords the principal means of access to abutting property, together with bicycle lanes, sidewalks, and related improvements. STREET, PRIVATE means a parcel at least 20 feet in width, created specifically to provide motor vehicle access to abutting properties, the owners of which share in its ownership and maintenance responsibilities. STRUCTURE means that which is built or constructed. STRUCTURE, ACCESSORY means a structure that is incidental and subordinate to a principal structure and which is customarily found in connection with the principal structure and located on the same lot or parcel. STRUCTURE, PRINCIPAL means a structure containing one or more principal uses, as permitted by the zone in which the property is located. STRUCTURE, TEMPORARY means a structure which does not have, nor is it required by the Uniform Building Code to have, a permanent attachment to the ground but is subject to building permits. TOWNHOUSE for purposes ofthis code, a townhouse is a single-unit structure in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each is separated from any other unit by one or more common ftre resistant walls. Ownership of each unit includes ownership of an individual parcel of land beneath the unit and usually includes a privately-owned outdoor area as well (private yard or open space). The remainder ofthe grounds, private streets or driveways, and recreational facilities are owned in common, similar to condo ownership. TRANSIENT PERSON means a temporary lodger who stays no longer than 30 days per visit. USE means the purpose or activity for which land or improvements are intended, occupied or maintained. USE ACCESSORY means a use that is incidental and subordinate to a principal use, which customarily is found in connection with the principal use, and which is located on the same lot or parcel such as a private garage, hobby shop, workshop, personal greenhouse, and required off- street parking. USE, PRINCIPAL means the primary or main use conducted or allowed on a lot or parcel. USE, CONDITIONAL means a use that is not permitted "outright", but may be approved through a Conditional Use Permit process. Conditional Use shall have the same meaning as "Special Use" as employed in Bremerton Municipal Code. 18 Zoning Code USE, SPECIAL means a use that is not permitted "outright", but may be approved through a Special Use Permit process. Special Use shall have the same meaning as "Conditional Use" as employed in Bremerton Municipal Code. USE, TEMPORARY means a use that may occur on a lot on a short term or seasonal basis for a prescribed period of time, which usually does not exceed a six-month duration during a twelve- month period. VARIANCE means official permission to be relieved from specific development code requirements that cause an unusual or unreasonable hardship due to the physical characteristics of the site or existing improvements. VESTING a fully completed development application is "vested" at the time it is received by the permitting authority. The development may then be processed, permitted and carried out under the zoning, land division, and other regulations that were in effect when vesting occurred. VETERINARY CLINICS AND ANIMAL HOSPITALS means a facility providing routine and emergent medical attention to domestic pets and other animals. YARD means that portion of a lot that lies between a lot line (property line) and the building line. (See Figure 070(d).) FRONT YARD: The yard area extending the full width ofthe front of a lot between the front property line (lot line) and the front building line. REAR YARD: A yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and corner lots have no rear lot lines, they will have no rear yard areas as defined. SIDE YARD: A yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, comer lots, or other irregularly shaped lots may have only front and side yards. Through lots generally have two front yards and two side yards, but no rear yard as defined. YARD, CONSTRUCTION OR STORAGE See "Storage Yard". ZERO LOT LINE means the location of a building on a lot in such a manner that one of its sides rests directly on a side lot line with no setback. SECTION 3. Chapter 20.44 ofthe Bremerton Municipal Code entitled "General Development Standards" is hereby created to read as follows: 19 Zoning Code CHAPTER 20.44 GENERAL DEVELOPMENT STANDARDS 20.44.010 FRONT YARD (a) The front yard is the area extending the full width ofthe front of a lot between the front lot line and the front building line. Structure intrusions into front yard setbacks are prohibited except: (1) Eaves, cornices, awnings, bay windows, architectural appendages, fireplaces, chimneys and may project not more than two (2) feet into the front yard setback; (2) Decks, platforms, porches, steps, walkways, and driveways that do not exceed thirty inches (30") in height above the finished grade; (3) Raised decks, high or enclosed porches, balconies or similar architectural appendages that extend more than thirty inches (30") above finished grade may project not more than six feet (6') into the front yard setback; (4) Free standing signs may project not more than six feet (6') into the front yard setback; and (5) Fences and free-standing walls; (b) Requirements for lots with more than two (2) front yards (1) Through Lot: have two (2) front property lines parallel or approximately parallel to each other. Front yard setbacks shall apply to each. The Director may designate one of the front property lines a rear property line provided the following criteria are met: (i) Orientation of the lot or structure shall be considered; (ii) At least 60 percent of the lots/ or structures within the neighborhood block, or area being considered, are oriented in a similar direction away from the lot line being designated as a rear lot line; (iii) In the case of waterfront properties, the portion of a lot facing views or waterfront may be designated the front lot line, in which case the only street frontage could be designated its rear lot line. (2) Corner Lots: have abutting streets that intersect. The front yard setbacks shall apply to each front property line. 20.44.020 TRADITIONAL FRONT YARD In residential zones, front yard areas the Director may modifY the front yard setback according to the following criteria. (a) When sixty (60) percent or more ofthe houses or garages/ carports within a numbered block on the same side ofthe street as the subject property are setback less than the required zoning front yard setback, the average setback of the existing nonconforming structures may be used to establish the minimum front yard of all properties fronting on that side of the street; (b) No new structure may be setback less than five (5) feet from the front ofthe structures on the adjoining lots; and ( c) The minimum front yard setback shall not be less than five (5) feet. 20.44.030 SIDE YARD The side yard is the area extending between the side lot line and the side building line and extends from the front yard to the rear yard. Triangle lots, corner lots and other irregular lots 20 Zoning Code may have only front and side yards and no rear yards. Structure intrusions into a side yard are prohibited except as follows: (a) Eaves, cornices, awnings, fireplaces, and chimneys may project not more than two (2) feet into the side yard setback; (b) Platforms, steps, walkways, and driveways (does not include parking spaces) that do not exceed thirty inches (30") in height above the finished grade; and (c) Fences and freestanding walls. 20.44.040 REAR YARD The rear yard is the area extending the full width of the lot between the rear lot line and the rear building line. Structure intrusions into a rear yard setback are prohibited except: (a) Eaves, cornices, awnings, architectural appendages, fireplaces, chimneys and permitted signs may extend no more than two (2) feet into the required rear yard area setback, and are no closer than three (3) feet from any lot line. (b) Decks, platforms and open uncovered porches provided they do not exceed thirty (30) inches in height above the finished grade and are no closer than three (3) feet from any lot line. (c) Fences, freestanding walls, steps, walks and driveways. 20.44.050 ALTERNATIVE SETBACKS The Director may approve alternative setbacks that generate a public benefit provided the following criteria are satisfied. (a) Total site area within setbacks shall be equal to or exceed that created by adherence to the standard setbacks; (b) There shall be a finding of public benefit that is consistent with the goals and policies of the Comprehensive Plan. An example of public benefit includes but is not limited to reduction of setback adjacent to a street or other public right of way in exchange for increased setback from a development-sensitive environment such as a wetland or an existing incompatible land use; and ( c) The development plan shall not be inconsistent with the intent of any provision of the Zoning Code. 20.44.060 ACCESSORY STRUCTURE SETBACKS (a) Accessory structures shall observe the front yard setbacks requirements ofthe zone in which they are located. (b) Accessory structures in Residential zoning districts may be constructed no closer than three (3) feet from the side or rear property lines that adjoin other property. No setback is required if the side or rear property line adjoins an alley. ( c) Accessory structures for the keeping of livestock or fowl shall conform to the requirements of Bremerton Municipal Code, Chapter 7.08.700. (d) Accessory structures on adjacent lots, that are not attached to their principal or any other structures, may be attached to each other at a side or rear property line (zero-lot-line) with approval of a Special Use Permit and if designed in accordance with IBC requirements for such structures. 21 Zoning Code 20.44.070 MEASURING THE HEIGHT OF A STRUCTURE The height of a building or structure shall be measured as the distance from the average final grade to the highest point of the structure. Exceptions: Penthouse for elevators, firewalls, chimneys, and flagpoles, may exceed maximum height limits. None ofthese exceptions to the height regulations shall be used for advertising of any kind. 20.44.080 CALCULATING LOT AREA Lot area shall include all areas within the exterior lot lines exclusive of water areas. Lot widths, depths and setbacks on shoreline lots are measured from the ordinary high water mark. 20.44.090 ROUNDING OF FRACTIONS OF DWELLING UNITS The number of dwelling units allowed on property using density calculations is determined by dividing the lot size by the number of square feet permitted per dwelling unit. When this number results in a fraction, round up to the next whole number (unit) when the fraction of whole number is at least 0.66. 20.44.100 FLAG LOTS A flag lot is defined as a lot with access to a street by way of a narrow strip of land. The lot consists oftwo parts: the "flag" or main body of the lot and the "panhandle" or the narrow access way connecting the lot to the street. (a) When creating new lots the following standards shall apply: (1) The minimum lot size shall be 150 percent of the minimum lot size of the underlying zone; (2) (3) underlying zone; (b) Flag lot dimensions shall be measured from the mid-point between two opposite lot lines of the "flag" body of the lot. ( c) The yard setbacks shall be the same as underlying zone setbacks, except the front yard setback area shall be applied per Figure 20.44.100 (see appendix). (d) In those case where BMC 20.44.1 OO( c) cannot be applied, the property line that most closely parallels the street from which the lot gains its access shall be deemed the front lot line and front yard setbacks shall be measured from that line. ( e) The access way or driveway shall be under the same ownership as the body of the flag lot. An easement shall not be used as a method of providing access to the body of the flag lot. (f) The panhandle shall provide access to a paved and dedicated public right-of-way or a private street. Flag lots shall not be created in order to avoid providing turnarounds per City engineering street standard. The "panhandle" shall have a minimum width oftwenty (20) feet wide; The minimum lot width and depth of the "flag" shall be the same as the SECTION 4. Chapter 20.46 of the Bremerton Municipal Code entitled "Special Development Standards" is hereby created to read as follows: 22 Zoning Code CHAPTER 20.46 SPECIAL DEVELOPMENT STANDARDS 20.46.010 ACCESSORY DWELLING UNITS An Accessory Dwelling Unit (ADU) may be installed where a new single-family dwelling unit (hereafter principal unit) is allowed. Accessory Dwelling Units are exempt from density requirements and shall be subject to the following specific development, design and owner-occupancy standards. (a) An ADU shall comply with the development standards of the underlying zone for the principal unit including setbacks, height, and lot coverage. (b) An ADU may be detached from the principal unit only if incorporated into an accessory garage structure. (c) Only one ADU may be created per residence. (d) The property owner, which shall include titleholders and contract purchasers, must occupy either the principal unit or the ADU as their permanent residence for at least six (6) months out of the year. (e) An ADU shall be limited to not more than: (1) Forty (40) percent of the principal unit's total floor area (not including basement); (2) 800 square feet maximum, nor less than 300 square feet; (3) Two (2) bedrooms. (f) Any attached ADU shall be designed so that the appearance of the building remains that of a single-family residence including the following: (1) Constructed ofthe same materials and siding as the principal unit; (2) A roof of equal or greater pitch as the principal unit; (3) A height not greater than the principal unit. (g) The entrance to an attached ADU shall not be on the same fa<;ade ofthe structure as an entrance to the principal unit. (h) Accessory Dwelling Units with up to one bedroom shall provide one (1) off-street parking space, and ADUs with two-bedroom shall provide two (2) off-street parking spaces in addition to that which is required for the principal unit. (i) When development of an ADU is for people with disabilities, the Director may allow reasonable deviation from the stated requirements to install features that facilitate accessibility such as those required by the International Building Code. (j) An ADU shall have a deed restriction recorded with the Kitsap County Auditor to indicate the presence of the ADU, the requirement of owner-occupancy, and other standards for maintaining the unit as described above. 20.46.020 FENCES AND WALLS (a) Fences and walls shall observe the following height and setback requirements: (1) Residential Zones: (i) Maximum height shall be six (6) feet. (ii) Maximum height within the front yard setback area shall be three (3) feet; except an open mesh cyclone type fence may not exceed a height of 48 inches. (iii) On corner lots with a specified front yard setback on each street frontage, the Director can determine that the street frontage ofthe residence's principal 23 Zoning Code orientation is a "primary frontage" and may permit a six (6) foot maximum height fence in the yard on the other (secondary) frontage only if all of the following conditions are met: a. The higher fence will not block any existing front yard views from an adjoining residence with its principal orientation to that same street; b. The higher fence will not be closer to the residence's front property line on the street of principal orientation than the closest part of the front fa9ade of the residence; c. The higher fence will not encroach into the front yard of the primary frontage where the maximum height limit in BMC 20.46.020(a)(1)(ii) takes precedence. (2) Commercial Zones: (i) Maximum height shall be eight (8) feet. (ii) Maximum height shall be six (6) feet when adjacent to a public right-of-way, or to a residential zone. (3) Industrial Zone: (i) Maximum height shall be ten (10) feet. (ii) Maximum height shall be six (6) feet when adjacent to a public right-of-way, or to a residential zone. (b) A Type II Special Use Permit may be granted for fences or walls up to eight (8) feet high in a side or rear yard only if all of the following criteria are met: (1) The fence or wall is necessary to provide privacy and security between a residential and a non-residential use; and (2) The design ofthe fence will present a "finished" appearance on its outside face. (c) Fences and walls shall not block or hinder the sight distance of traffic. Exact location and design of a fence or wall is subject to the approval of the City Engineer when visibility or public safety is an issue. (d) No electric or electrified fences shall be permitted within the City ofBremerton. (e) Barbed wire or similar wire protective devices are permitted only in industrial zones above a height of six (6) feet provided that adjoining a residential zone, devices may be allowed by a Type II Special Use Permit only ifthe following criteria are met: (1) The applicant demonstrates that the protective device cannot be installed outside of the specified setback without significantly diminishing the utility of the industrial property; (2) The protective device will be designed to minimize adverse aesthetic impact to the residential use by installing the device behind the top of a fence or wall or screening the device with landscape; and (3) The applicant demonstrates that the protective device is necessary to provide additional security along the residential property line to protect the industrial premises. (f) Notwithstanding the provisions of (a)(1)ii above, architectural appurtenances such as trellises or entry gates that define a walkway or driveway entry are allowed in a front yard up to ninety (90) inches high, provided that: (I) No individual structural support for such features shall be more than twelve (12) inches square in section, (2) Any gate shall not obscure more than 20% of visibility to the yard as viewed perpendicular to the gate's installation, and 24 Zoning Code (3) Any entry feature greater than three (3) feet in height shall not be more than six (6) feet wide for a walkway entry or more than sixteen (16) feet wide for a driveway entry. 20.46.030 HOME OCCUPATION Home occupations are permitted in a residential dwelling unit subject to the following limitations. (a) The business shall clearly subordinate to the use of the dwelling unit for residential purposes. (b) The business shall be wholly situated indoors. (c) No person shall be employed in the home occupation unless a resident ofthe dwelling unit; (d) There shall be no exterior display, storage or other exterior indication of the existence of the home occupation, except as allowed by the underlying zone; ( e) One additional off-street parking space meeting shall be provided in addition to the number of spaces already required. The Director may waive this if the home occupation involves Internet services that do not require customers or deliveries at the residence. (f) Any sales of product shall be limited to those produced on the premises, except products produced elsewhere may be allowed provided the business is primarily involved in the product's distribution and does not attract buyers to the property for retail or wholesale sales. (g) Sales and services to patrons shall be arranged through appointment so that only one patron vehicle is on the premises at the same time. (h) Not more than fifty (50) percent of the gross floor area of the dwelling unit may be devoted to the home occupation use. (i) The garage shall not be used in the business unless the required off-street and customer parking can be adequately accommodated elsewhere on the site. G) Home occupations involving non-automotive engine and equipment maintenance or servicing, beauty or barbershops, or the selling of products that are not produced on the premises shall require a Type II Special Use Permit. (k) Automotive painting, body, and engine repair, small engine repair services and any activity likely to produce excessive noise are prohibited as home occupations. (1) Persons engaged in legal home occupations on the effective date of this chapter shall be considered legal, provided the operation is consistent with all of the above-listed performance standards. Any home occupation that was legally established but does not conform to all those standards may not expand or enlarge and shall terminate that use upon (1) change of use or ownership ofthe property or (2) written complaint of adjacent or nearby property owners, after due notice and hearing, if the Director determines that the home occupation is interfering with the use and enjoyment of the neighboring premises and is not compatible with the residential environment in which it is located. 20.46.040 MANUFACTURED HOMES (a) Manufactured homes are permitted on one individual parcel, lot, or tract in residential zones,provided that the home is: (1) Approved by the Washington State Department of Labor and Industries or the U.S. Department of Housing and Urban Development, and the appropriate certification insignia is affixed to the unit, in accordance with the provisions ofRCW 43.22; 25 Zoning Code (2) Comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; (3) Set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative; (4) Compliant with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located; (5) Thermally equivalent to the state energy code; (6) Originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3: 12 pitch; (7) Sided with exterior siding similar in appearance to materials commonly used on conventional site-built uniform building code single-family residences; and (8) A new manufactured home as defined in RCW 35.63.160 (2). (b) A manufactured home which was legally placed and maintained prior to the date of adoption of this chapter, and does not meet the requirements ofthis chapter, shall be deemed to be a non-conforming structure. If a legal non-conforming manufactured home is partially or wholly destroyed, replaced, or altered, it shall be required to meet the relevant requirements set forth in the nonconforming provisions of this title. ( c) The Building Official or designee shall inspect the installation of manufactured homes prior to occupancy and issue certificates of occupancy for manufactured homes. If all requirements are met, a certificate of occupancy shall be issued. No manufactured home shall be occupied until after the City issues a valid certificate of occupancy. (d) If a manufactured home is replaced by another manufactured home, a new certificate of occupancy shall be required for the installation of a manufactured home after the date of adoption of this ordinance. 20.46.050 RECREATIONAL VEHICLE ON A PRIVATE LOT A recreational vehicle, occupied or not, may be parked on a private lot or lots only as an accessory use subject to the parking provisions of this Title and the following provisions: (a) a recreational vehicle may be occupied for a cumulative period not to exceed 30 days during any 12 consecutive month period; (b) a recreational vehicle may be parked and occupied by the owner of a lot as temporary housing during the period of new house construction on the lot for a period not to exceed one year; ( c) only one recreational vehicle may be occupied on a single lot at any time; (d) a recreational vehicle shall not be parked within a required front yard setback for more that 15 consecutive days and not more than 30 days cumulative in any 12 consecutive months; and ( e) any occupied recreational vehicle must be self-contained and all garbage and sanitation shall be disposed of in a manner approved by the City. 20.46.060 DISH ANTENNAS (a) A ground-mounted dish antenna is subject to the setback requirements of the underlying zone. (b) Dish antennas may not be placed above the maximum underlying zoning district height. 26 Zoning Code ( c) All dish or other parabolic antenna having a collector dish diameter of six feet or greater shall be ground-mounted, except as provided for otherwise. An antenna having a dish diameter smaller than six feet may be pole- or roof-mounted in a location that has the least visual impact on surrounding properties and views while maximizing the effectiveness of the antenna's operation. 20.46.070 ADAPTIVE REUSE OF PUBLIC AND SEMI-PUBLIC BUILDINGS The intent of these provisions is to provide opportunities for reusing functionally obsolete public and semi-public buildings that are structurally sound with new uses to extend their economic life. The adaptive reuse shall not be granted ifthe new use adversely affects adjacent properties. Consideration shall be given to the relative intensity of the proposed use compared to the intensity of the planned land use environment. (a) A Type III Special Use Permit is required when an adaptive reuse is for a building. located within a residential zone. The adaptive reuse shall meet the following criteria in order to be granted approval. (1) New traffic shall be accommodated within the existing levels of service on the surrounding neighborhood streets. (2) Provisions for off-street parking are made. The Hearing Examiner may reduce the number of off-street parking spaces if commute trip reductions methods are employed and the adaptive reuse do not generate an increase in on-street parking demand. (3) The new use does not generate noise that exceeds City standards for residential zones. (4) Adequate street trees and landscaping are incorporated in a manner that buffers the adaptive reuse from adjacent residential uses and makes it more compatible with the surrounding neighborhood. (5) Additional conditions may be applied including, but not limited to, limiting hours of operations, density, restrictions for noise attenuation and other conditions deemed necessary to ensure compatibility with surrounding residential uses. (6) The subject building must have been constructed for a stated public or semi-public use and operated as such for a minimum of five (5) years. For the purpose of this section public and semi-public building" shall include public schools, fire stations, libraries, churches, hospitals, and post offices. (b) The following uses may be approved for adaptive reuse: (1) Residential, no density limit provided no new floor area constructed; (2) Foster Homes; (3) Daycare facilities; (4) Group Residential Facilities, Class I (Assisted Living); (5) Youth, Teen, Senior, or Community Centers; (6) Medical and dental clinic and related services (not hospitals); (7) Religious worship facilities; (8) Library; (9) Museum and Art Gallery; (10) Consultants (Architect, Engineering, Planning, Design and similar); (11) Computer assistance and training (but not repair); (12) Office/business assistance services, Call Centers, and general offices; (13) Social services/facilities; and 27 I I Zoning Code (14) Welfare and charitable services/facilities. 20.46.080 MINERAL RESOURCE EXTRACTION The purpose of this section is to preserve opportunities for mineral extraction while protecting the health and safety ofthe community. (a) Mineral resource extraction for soil, and, gravel, quarried stone or ore may be allowed if a Type III Special Use Permit is approved. The owner or agent of the quarry shall submit to the City copies of all documents submitted to the Washington Department of Natural Resources with the application. (b) At a minimum the following performance standards shall apply. (1) A fence eight (8) feet in height shall be installed around the mineral extraction area and all accessory operations. (2) When a subject property is adjacent to developed properties or public rights-of-way, a four (4) foot high landscape sight-obscuring barrier shall be installed that will grow to not less than eight (8) feet high within three (3) years. If soil and terrain make landscaping impractical, an eight (8) foot fence or wall that completely screens the property from other uses and the public streets shall be installed. (3) The following are the minimum distances to be measured from adjacent property lines or public rights-of-way. (i) Critical Areas. a. to edge of pit, excavation, or stockpiling area, 100 feet b. to crushing of rock or processing of stone gravel or minerals, 300 feet (ii) minerals, 300 feet (iii) minerals, 200 feet (iv) minerals, 500 feet 1,000 feet (v) minerals, 300 feet c. to blasting, determined on a case-by-case basis Shoreline area a. to edge of pit, excavation, or stockpiling area, 100 feet b. to crushing of rock or processing of stone gravel or c. to blasting, determined on a case-by-case basis Industrial area a. to edge of pit, excavation, or stockpiling area, 20 feet b. to crushing of rock or processing of stone gravel or c. to blasting, 400 feet Residential area a. to edge of pit, excavation, or stockpiling area, 300 feet b. to crushing of rock or processing of stone gravel or c. to blasting, determined on a case-by-case basis, minimum All other land sues a. to edge of pit, excavation, or stockpiling area, 100 feet b. to crushing of rock or processing of stone gravel or c. to blasting, determined on a case-by-case basis 28 Zoning Code (4) When a pit exceeds a depth oftwenty (20) feet, all dense undergrowth shall be removed from the soil cover for a distance offifty (50) feet from the edge ofthe pit. (5) No smoke, dust, dirt, fly ash, other airborne particulate matter, toxic or odorous gasses, liquid or solids shall be emitted in quantities that adversely affect surrounding properties. (6) The provisions set forth in BMC Chapter 6.32 shall apply as applicable. (7) Upon the termination of quarrying operations at a pit that exceeds a depth of five (5) feet, shall be backed fill to a minimum slope of one (1) foot vertical to one (1) foot horizontal. (8) The site shall be restored after quarrying activities are completed. A landscaping and site reclamation plan shall be required with the Special Use Permit and the City may require a security guarantee for restoration. 20.46.090 SENIOR HOUSING COMPLEX A Type III Special Use Permit may allow senior housing complexes in any zone, except industrial zones, subject to the following standards: (a) The site shall have access to an arterial street; (b) Minimum site area shall be no less than two (2) acres; (c) Minimum setbacks, density, height and lot coverage of the underlying zone shall apply; (d) Off-street parking shall be a minimum one (1) space per dwelling unit; ( e) Except for a community building / clubhouse for the exclusive use of complex residents, all accessory uses shall be located within a structure containing residential units; (f) Attached or detached structure types are permitted and dwelling units may be owned by individuals or occupied as rentals; (g) Access to alternative transportation such as public transit or on-site shuttle services to access daily goods and services shall be provided; and (h) A management agreement or covenants on individual properties to maintain the complex, as a senior citizen complex, shall be recorded with the Kitsap County Auditor's office. 20.46.100 RECYCLING COLLECTION STATION The following standards apply to collection stations intended for public use. They are not mandatory (but may be applied voluntarily) for private on-premise collection and storage of recyclables by owners or tenants of residential properties, businesses or organizations. Such on- premise collection and storage is considered accessory to the principal use of the property and not available to the general public. (a) Areas to be used in the collection operation must have asphalt or concrete surface and shall be landscaped to the same standards that apply to any other development or use within the subject zone. (b) The facility shall be closed to public access between the hours of 8:00 p.m. and 6:00 a.m. in residential zones. (c) A sight-obscuring fence or wall built to the maximum allowed height of the zone shall be constructed and maintained along the sides and rear of the facility. Chain-link type fences and gates are permitted along front lot lines. (d) The facility may be lighted for use during hours of darkness, but shall not be lighted between the hours of 8:00 p.m. and 6:00 a.m. in residential zones. 29 Zoning Code ( e) The site shall be monitored and maintained in a clean, safe and healthful manner. 20.46.110 ADULT ENTERTAINMENT BUSINESSES This section regulates the location of adult entertainment businesses. The purpose of these regulations is to reduce conflicts between adult entertainment businesses and other land uses. The intent is to protect the City from the blighting impacts of concentrations of adult entertainment businesses while assuring the full enjoyment of all the constitutionally guaranteed rights of the general public. (a) Location of Adult Entertainment Businesses. (1) Adult Entertainment Businesses as defined in subsection (c) below are prohibited within the area circumscribed by a circle which has a radius of five hundred (500) feet from the following specified uses or zones: (i) Any zone in which residential use is listed as a principal use. (ii) Any public or private school. (iii) Any day care facility as defined in BMC 20.42.020. (iv) Any worship, religious, or church facility as defined in BMC 20.42.020. (v) Any public park. (vi) Any community or neighborhood center as defined in BMC 20.42.020. (vii) Any public library. (2) The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property or parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or the land use district boundary line from which the proposed land is to be separated. (3) Violation ofthe use provisions ofthis section is declared to be a public nuisance per se, which shall be abated by the City attorney as authorized under state law or City Code. (4) Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any City Code or statute of the state regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter or the exhibition or public display thereof. (b) Development Standards. Adult Entertainment Businesses are subject to the development standards of the underlying zone. (c) Definitions. (1) Adult Entertainment means any dance, amusement, show, display, merchandise, material, exhibition, pantomime, modeling, or any other like performance of any type, for the use or benefit of a member or members of the public or advertised for the use or benefit of a member of the public where such is characterized by an emphasis on the depiction, description, or simulation of "specified anatomical areas," defined in this chapter, or the. exhibition of "specified sexual activities," also defined in this chapter, or the case of live adult entertainment performances, which emphasizes and seeks to arouse or excite the patron's sexual desires. Any patron of an adult entertainment business, as defined in this Section shall be deemed a member of the public. (2) Adult Entertainment Business means any establishment providing adult entertainment as defined in this Section including, but not limited to, adult arcade, adult retail 30 Zoning Code establishment, adult motion picture theater, and exotic dance studio, more specifically defined herein. (3) Adult Arcade means a commercial establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors, computer- generated or enhanced pornography, panoramic peep show, or similar machines, or other image producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which provide material for individual viewing by patrons on the premises of the business which are characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified sexual activities." (4) Adult Motion Picture Theater means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by an emphasis on the depiction, description, or simulation of "specified anatomical areas" or "specified sexual activities" are regularly shown for any form of consideration. (5) Adult Retail Establishment means any bookstore, adult novelty store, adult video store, or other similar commercial establishment, business service, or portion thereof, which, for money or any other form of consideration, provides as a significant or substantial portion of its stock-in-trade the sale, exchange, rent, loan, trade, transfer, and/or provision for viewing or use offthe premises of adult entertainment material defined in this chapter. For purposes ofthis provision, it shall be a rebuttable presumption that thirty (30) percent or more of a business' stock-in-trade in adult retail material, based on either the dollar value (wholesale or retail) or the number of titles of such material, is significant or substantial. In determining whether or not the presumption is rebutted, the Director may consider the following factors, which are not inclusive: (i) Whether minors are prohibited from access to the premises of the establishment due to the adult entertainment nature of the inventory; (ii) Whether the establishment is advertised, marketed, or held out to be an adult merchandising facility; (iii) Whether adult entertainment material is an establishment's primary or one of its principal business purposes; or (iv) Whether thirty (30) percent or more of an establishment's revenue is derived from adult entertainment material. An establishment may have other principal business purposes that do not involve the offering for sale or rental of adult entertainment materials and still be categorized as an adult retail establishment. Such other business purposes will not serve to exempt such establishments from being categorized as an adult retail establishment so long as one (1) of its principal business purposes is offering for sale or rental, for some form of consideration, the specified adult entertainment materials. The Director shall have full discretion to give appropriate weight to the factors set forth above as well as other factors considered depending on the particular facts and circumstances of each application. (6) Exotic Dance Studio, also know as "erotic dance studio," "topless bar" and "adult cabaret," means a nightclub, bar, restaurant, or similar commercial establishment, or any premises or facility to which any member ofthe public is invited or admitted and where an entertainer provides live performances to any member of the public, which performances are characterized by an emphasis on the depiction, description, or simulation of "specified 31 Zoning Code anatomical areas" or "specified sexual activities" or which emphasize and seek to arouse or excite the patron's sexual desires. (7) Adult Entertainment Material means any books, magazines, cards, pictures, periodicals or other printed matter, or photographs, films, motion pictures, video tapes, slides, or other photographic reproductions, or visual representations, CD roms, DVDs, disks, electronic media, or other such media, or instruments, devices, equipment, paraphernalia, toys, novelties, games, clothing or other merchandise or material, which are characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" or "specified sexual activities." (8) Specified Anatomical Areas means: (i) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areola; or (ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (9) Specified Sexual Activities means: (i) The caressing, touching, fondling or other intentional or erotic touching of male genitals, female genitals, pubic region, buttocks, anus, or female breasts of oneself or of one person by another; or (ii) Sex acts, normal or perverted, actual or simulated, including masturbation, intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are prohibited by law; or (iii) Human genitals in a state of sexual stimulation, arousal, or tumescence or visual state of sexual stimulation, arousal or tumescence, even if completely and opaquely covered; or (iv) Excretory functions as part of or in connection with any of the activities set forth in subsection (i) through (iii) of this section. 20.46.120 OUTDOOR STORAGE AREAS All uses that include outdoor storage areas and all refuse containers shall, in addition to any underlying zoning requirements, meet the following criteria. (a) It shall be surrounded by a six (6) foot high solid wall or sight-obscuring fence. The wall or fence shall be considered a structure and shall conform to the setbacks of the underlying zone. (b) Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of-way. (c) Outdoor storage yards shall meet landscaping requirements for non-residential uses. 20.46.130 OUTDOORS LAND USES In addition to other applicable development requirements, outdoor oriented land uses such as sales lots, impound lots, outdoor storage yards, and similar activities shall have all parking and storage areas developed with a paved surface, which is durable, and able to withstand all weather conditions. SECTION 5. Chapter 20.60 of the Bremerton Municipal Code entitled "Low Density Residential (R-I0)" is hereby created to read as follows: 32 Zoning Code CHAPTER 20.60 LOW DENSITY RESIDENTIAL (R-10) 20.60.010 INTENT The intent of the Low Density Residential zoning district is to accommodate single- family housing by infilling at a range of lot sizes consistent with urban growth patterns. Some attached single-family housing may be appropriate when responding to sensitive areas. Residential development at higher densities is encouraged at the edge of designated centers and corridors, and within planned developments of 10 acres or larger. 20.60.020 SINGLE USE PER LOT Only one principal use shall be allowed on each residentially zoned lot unless allowed for otherwise as provided by law. This limitation shall not include permitted accessory uses associated with a permitted principal use. 20.60.030 PERMITTED USES The following uses are permitted outright: (a) Single-unit Dwelling Unit - Detached; (b) Single-unit Dwelling Unit - Attached (Zero Lot Lines) per BMC 20.60.070(b); (c) Manufactured Home per BMC 20.46.040; (d) Foster Home; (e) Day Care Facility (12 or fewer persons receiving care); (f) Group Residential Home; (g) Private Schools (K - 12) (12 or fewer students); (h) Religious Worship & Related Facilities (20,000 square feet or less); (i) Parks and playgrounds equal or less than 0.5 acres (21,780 square feet); G) Cemetery; (k) Underground water, sewer, storm water and utility facilities; (1) Co-location of wireless communication per BMC 21.02.335; 20.60.040 ACCESSORY USES The following accessory uses may be permitted when found in connection with a principal use. (a) (b) (c) Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings; (d) Home Occupation per BMC 20.46.030; (e) Other necessary and customary uses determined by the Director to be appropriate, incidental and subordinate. Attached or detached Accessory Dwelling Unit per BMC 20.46.010; Detached garage, carport, and parking facilities for the residents of the property; 20.60.050 CONDITIONAL USES A Conditional (Special) Use Permit, which is approved pursuant to BMC Section 21.02.905, may permit the following uses subject to meeting the corresponding conditions. (a) Bed & Brealifast provided: 33 Zoning Code (1) The individual or family who operates the facility must also occupy the house as their primary residence; (2) No more than one (1) Full Time Equivalent (FTE) person employed by the bed and breakfast residence who is not a resident of the dwelling; (3) The facility is limited to a maximum of six (6) bedrooms available for rent to guests. All guest rooms shall be contained within the principal structure; (4) Two (2) off-street parking spaces, plus one (1) space per each bedroom made available to guests, is required. (5) The Director may reduce the number of required off-street parking spaces provided the applicant can demonstrate that parking will not spill over into the neighborhood. (6) No guest shall stay for more than fourteen (14) days within any thirty (30) day period; (7) The facility shall not be used for commercial receptions, parties, or other public gatherings, or for the serving of meals to non-resident guests for compensation; (8) The residential structures may be remodeled for the purpose of!! Bed & Breakfast provided the design changes remain residential in nature and the structure is not altered in such a manner that would prevent the structure from being used as a residence in the future; (9) The Director may allow one sign up to eight (8) square feet to advertise the Bed & Breakfast provided the sign is designed to match the architectural features of the primary residential structure. (b) Group Residential F aGilities Class 1 provided: (1) All state licensing requirements are satisfied; (2) Located on a collector or higher street; (3) Minimum setbacks, height and lot coverage ofthe underlying zone shall apply; (4) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift plus one (1) space per two (2) residents the facility will provide service to; (5) If counseling services are provided to non-residents, additional parking spaces are required at one (1) per 300 gross floor area used for counseling services; (6) The Director may reduce the number of required off-street parking spaces provided the applicant can demonstrate that parking will not spill over into the neighborhood; (7) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required ifthe Director deems it necessary to buffer any impacts to adjoining residential properties; (c) Senior Housing Complex provided the conditions set forth in BMC Section 20.46.090 are satisfied. (d) Nursing/ Convalescent Homes provided: (1) All state licensing requirements are satisfied; (2) Located on a collector or higher street; (3) Minimum site area shall be no less than one (1) acre; (4) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (5) Off-street parking shall be a minimum of one (1) space per 600 square feet of gross floor ar,eas. The Director may reduce off-street parking space requirements provided the applicant can demonstrate that parking will not spill over into the neighborhood. 34 Zoning Code (6) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapters 21.02.700 through 21.02.760. Additional landscaping may be required if the Director deems it necessary to buffer any impacts to adjoining residential properties. (e) Day Care Facilities (13 or more persons receiving care) provided: (I) All state licensing requirements are satisfied; (2) Located on a collector or higher street; (3) Off-street parking shall be a minimum one (1) space per each 5 children based on the state license maximum occupancy load. All resulting fractions in determining parking spaces shall be rounded up to the next whole number; (4) One loading/ unloading space without back up is required for the first 20 children and one additional space for up to each additional 20 children; (5) The Director can reduce off-street parking and/ or loading/ unloading spaces provided the applicant can demonstrate that parking will not spill over into the neighborhood; (6) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapters 21.02.700 through 21.02.760. Additional landscaping may be required if the Director deems it necessary to buffer any impacts to adjoining residential properties; (7) The Director may approve increasing the maximum height of a fence/ wall to 6 feet provided it enhance safety and security around the outdoor play area. (f) Adaptive Reuse of Public and Semi-Public Buildings are allowed pursuant to the conditions set forth in BMC Section 20.46.070. (g) Manufactured Home Park or Expansion of Existing Parks provided: (1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation. (2) The minimum site size shall be five (5) acres. (3) Density shall meet the underlying zone. (4) Adequate water, sewer, and utility services are available to all building sites. (5) A fire protection system meeting the requirements ofthe City fire Marshall is provided. (6) Interior circulation shall meet the City road standards plus the following standards: (i) All interior circulation routes shall be constructed within a tract or easement; (ii) Roads and driveways shall be paved with an all weather surface. Gravel roads and driveways are not allowed; (iii) The City fire Marshall shall approve all fire turnarounds. (7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture: (i) From interior roads: 15 feet from centerline of tract or easement, but in no case not less than five feet from the paved surfaced edge; . (ii) Structures near the perimeter lot lines of the property shall comply with the setbacks of the underlying zone; 35 Zoning Code (iii) A minimum often (10) foot separation between all manufactured homes. (8) Off-street parking spaces shall be provided in the following manner: (i) One (1) parking space per home site; plus (ii) One (1) parking space for each five home sites for guest parking; plus (iii) Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others. (9) Outside storage of vessels (boats), household items and equipment is prohibited, except a common central storage area may be provided for residents of the park. The storage area shall be screened by a minimum 5-foot high by 5-foot wide sight-obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the underlying zone. (10) Ten (10) percent of the site shall be maintained as common recreational open space for the use of residents. Recreational open space may include community areas and facilities such as playgrounds, swimming pools, hobby and craft shops. It shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recreational enjoy of the residents. (11) Trees meeting the standards set forth in BMC Chapter 21.02.710 shall be provided along all property lines abutting a residential zone or public street. One tree per each twenty-five (25) lineal feet of property line is required. The Director may allow exceptions when a property line abuts an alley or is obstructed by a building or other structure. (12) Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required. (13) All water, sewer, electrical, and communication service lines shall be underground. (h) Religious Worship & Related Facilities greater than 20,000 square feet provided: (1) Located on a collector or higher street; (2) The minimum site area shall be no less than one (1) acre; (3) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapters 21.02.700 through 21.02.760. Additional landscaping may be required if the Director deems it necessary to buffer any impacts to adjoining residential properties. (i) Golf Course. Site plan review pursuant to BMC Section 21.02.930 is required. The purpose of the Conditional Use Permit is to allow modifications to parking, landscaping, and other development requirements necessary to mitigate impacts and ensure compatibility with the surrounding neighborhood. Golf Courses shall have access provided from an arterial street or highway. G) Schools, Parks and Associated Facilities: The following schools, parks and associated facilities may be allowed by a Conditional Use Permit provided the proposal meets the Criteria for Approval: . All public schools and associated gymnasium and auditorium: . Private schools (K-12) with 13 or more students; 36 Zoning Code . parks and playgrounds greater than 0.5 acres; . Outdoor Athletic Fields; Boat Launching and related facilities . Maintenance & Service Yards . Bus and other vehicle and equipment maintenance and storage facilities . Administrative office related to the facilities if greater than 2,000 square feet . Buildings and Structures for nonprofit groups on public lands; Criteria for Approval: (1) Front, side and rear yard setbacks shall be increased to at least 30 feet. Setbacks may be reduced for structures located near interior streets. (2) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required ifthe Director deems it necessary to buffer any impacts to adjoining residential properties. (3) Additional measures may be requirements if deemed necessary to mitigate any noise impacts to adjacent residential uses. The Director may approve increasing the maximum height of a fence/ wall to 6 feet provided it enhance safety and security around the outdoor play area. (k) Water, Sewer, Storm Water and Utility Facilities located above ground provided: (1) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required if the Director deems it necessary to buffer any impacts to adjoining residential properties. (2) The Director may approve modifications to the maximum height of fence/ wall that will provide screening from adjacent uses and enhance safety and security around the facility. (3) Exceptions to setbacks may be allowed where the applicant can demonstrate that a public interest is provided. (I) Law Enforcement and Fire Facilities provided: (1) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required if the Director deems it necessary to buffer any impacts to adjoining residential properties. (2) The Director may approve modifications to the maximum height of fence/ wall that will provide screening from adjacent uses and enhance safety and security around the facility. 20.60.060 PROHIBITED USES Uses other than those identified under this chapter, unless specifically allowed otherwise, are prohibited. 20.60.070 DEVELOPMENT STANDARDS (a) Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise. (1) Density. (i) Maximum; 10 dwelling units per acre (ii) Minimum 5 dwelling units per acre (2) Setbacks. (i) front yard setback. 15 feet 37 Zoning Code (ii) side yard setback. 5 feet (iii) rear yard setback. 15 feet (3) Lot area. (i) Minimum. 4,300 square feet, except that within Planned Unit Developments often acres and more and within the boundaries of a neighborhood or district center as designated in the City ofBremerton Comprehensive Plan, minimum lot size is 3,000 square feet (ii) Maximum 8,712 square feet (4) Maximum height. 35 feet (5) Maximum lot coverage. 60 percent (b) Zero Lot Line (ZLL) development is allowed along side property lines for attached single-family dwelling units and/ or detached garages provided the opposite side yard setback is at least 10 feet. Zero Lot Line development along a rear property line is allowed for attached single-family dwelling units. (c) The following standards shall apply to attached garages and detached accessory structures. (1) The maximum garage/carport (attached or detached) area shall be 500 square feet of gross floor area plus 10 percent of gross floor area of a principal residential use, but not to exceed 1,000 square feet, provided that the size of anyone garage/carport structure may be up to 2,000 square feet of gross floor area ifthe setback from all property lines is increased 5 feet over the standard requirement for every 100 square feet of area over 1,000 square feet. (2) Maximum area of all accessory structures, including attached and detached garages, carports, barns, covered patios, cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units per BMC 20.46.010,50 percent ofthe gross floor area of the principal use or 500 square feet, whichever is greater, subject to maximum lot coverage standards. (3) Maximum height of detached accessory structures (including garages). Not to exceed the height of the principal structure (4) Setback of detached accessory structures. Per 20.44.060 BMC (d) When the garage vehicle door entrance faces the street, it shall have a front yard setback of at least 20 feet, except as provided in BMC 20.44.020 (Traditional Front Yard Setbacks). (e) Parks and schools may exceed maximum lot area requirements if approved through a Conditional Use Permit. 20.60.080 OFF-STREET PARKING REQUIREMENTS Off-street parking shall be provided in accordance with Chapter 21.02.670. 20.60.090 LANDSCAPING REQUIREMENTS Detached single-family and attached-single family dwellings are exempt from landscaping requirements. All other use shall comply with the landscaping requirements set forth in BMC Chapters 21.02.700 through 21.02.760. SECTION 6. Chapter 20.62 ofthe Bremerton Municipal Code entitled "Commercial Corridor (CC)" is hereby created to read as follows: 38 Zoning Code ___J Chapter 20.62 COMMERCIAL CORRIDOR (CC) 20.62.010 INTENT The intent of the Commercial Corridor district is to provide locations for high intensity commercial uses serving the entire community while preserving maritime views, forested areas, and buffering impacts to adjacent residential areas. The corridor accommodates access to businesses by automobile while also creating a pedestrian friendly, transit supporting corridor. 20.62.020 PERMITTED USES Permitted Uses include: (a) Retail uses not exceeding 20,000 square feet in gross floor area. Uses include the following and those uses as determined by section 20.62.040: (1) general merchandise (2) grocery (3) apparel and accessories (4) eating and drinking establishments, including drive-thru's. (5) drug and proprietary (b) Finance, insurance and real estate not exceeding 20,000 square feet in gross floor area. Uses include the following and those uses as determined by section 20.62.040: (1) finance depository institutions, non-depository institutions, holding companies, other investment companies, brokers and dealers in securities and commodity contracts and security and commodity exchanges; (2) insurance, including carriers of all types of insurance and insurance agents and brokers; (3) real estate, including owners, leasers, lessees, buyers, sellers, agents and developers of real estate. (c) Services not exceeding 20,000 square feet in gross floor area. Uses include the following and those uses as determined by section 20.62.040: (1) personal services such as: laundry, photo studios, beauty shops, shoe repair and funeral service; (2) consulting services, including: advertising agencies, travel agencies, commercial art and computer programming engineering, accounting, research, management and related services.; (3) repair services, such as; radio, computer and TV repair; (4) educational services: establishments involved in academic and technical instruction and libraries; (5) senior center, neighborhood center, childcare and residential care; (d) Hotels and lodging places; (e) Medical uses not exceeding 20,000 square feet in gross floor area. Uses include the following and those uses as determined by section 20.62.040: (1) office and clinics of doctors, dentists, health practitioners, and (2) veterinarian clinics, and (3) medical laboratories; 39 Zoning Code (f) Physical fitness facilities and health clubs not exceeding 20,000 in gross floor area; (g) (h) (i) Membership organizations such as elks lodges, masons, etc., not exceeding 20,000 in gross floor area; (j) Non-motorized outdoor recreation facilities (k) Public Uses, such as post office, satellite police stations and fire stations. (1) Transportation facilities. Uses include the following and those uses as determined by section 20.62.040: (1) bus terminals, (2) taxi cab services, (3) tour operators, (4) other transportation services. (m) Secondary residential uses. Secondary residential uses as defined in chapter 20.42 are permitted with a maximum density of ten units per acre. (n) Automobile related uses, not exceeding 20,000 square feet in gross floor area, excluding outdoor display areas for the sale of car, boat, RV and similar. Uses include the following and those uses as determined by section 20.62.040: (1) automobile parts store (2) automobile services such as repair, detailing. Underground water, sewer, storm water and utility facilities; Co-location of wireless communication per BMC 21.02.335; Video tape rental stores, excluding adult oriented businesses; Museums, art galleries and botanical and zoological gardens; (0) (P) 20.62.030 CONDITIONAL USES. Uses in the following categories may be permitted through a Conditional (Special) Use Permit pursuant to chapter 21.02.905 BMC. (a) Hardware Stores, provided: (1) store includes less than 20,000 square feet of gross of floor space, (2) Storage and product display shall be entirely inside an enclosed, roofed structure, (b) Building material and garden supply, provided: (1) Store is less than 20,000 gross square feet of floor space, (2) No loading areas shall be located in a front yard or side yard facing residential uses. (3) Outside storage is limited to 5,000 gross square feet or less oflive plant materials, (4) Lumber, masonry materials and any other non-living product shall be stored and displayed entirely inside an enclosed structure, and (5) The use will not generate noise, odor, or vibrations impacts greater than those usually generated by uses permitted outright in the zone. (c) Home furnishings and equipment, provided: (1) store is limited to 20,000 gross square feet of floor space, (2) No loading areas shall be located in a front yard or side yard facing residential uses. (d) Gas stations and car washes, provided 40 Zoning Code (1) No more than two points of ingress/egress are allowed per street frontage. Ingress/egress points shall be separated laterally along the property frontage(s) to the maximum possible while meeting all other street standards and City requirements. (2) Buffering is provided pursuant section(s) 21.02.700(a)(i)(A) and (B) BMC, except that required berms, and/or trees in combination shall provide total visual screening to a height of 5 feet shall not be less than 10 feet in height two inch caliper, measured 4 feet above ground, at time of planting and/or construction. 20.62.040 SIMILAR USE DETERMINATION (a) Any proposed land use that is NOT listed in sections 20.62.020 or 20.62.030 above may be pennitted if, in the opinion of the Director, it is a use similar to a listed use. (b) In such cases, and applicant may request that the Director make a detennination of similar use. Such determination or denial of such, shall be made by the Director in writing. ( c) In making a detennination of similar use, the Director shall consider scale, visual impacts, traffic generation, relationship to surroundings, and any other factors which, in the opinion of the director, influence and/or define the nature of the proposed use. (d) If the Director finds that the proposed use is similar to a listed use, the use shall be subject to all standards, requirements and permitting processes to which the listed use is subject. 20.62.050 PROHIBITED USES Uses other than those identified or described in Sections 20.62.020 and 20.62.030 ofthis chapter are prohibited except as may be allowed per section 20.62.040. 20.62.060 DEVELOPMENT STANDARDS (a) More than one permitted principal use and accessory uses are allowed per each lot. (b) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law. (1) Maximum front yard setback. 5 feet (2) Minimum side yard setback. None; except as follows; (i) Residential uses from RIO zone. 10 feet (ii) Non-residential uses from RIO zone. 60 feet (3) Minimum rear yard setback. None; except as follows; (i) Residential uses from RIO zone. 10 feet (ii) Non-residential uses from RIO zone. 60 feet (4) Maximum lot coverage. 50 percent unless increased per section 20.62.060(c). In no case shall maximum lot coverage exceed 75 percent (5) Maximum impervious surface area of all development on site. 75 percent unless increased per section 20.62.060( c). In no case shall maximum lot coverage exceed 95 percent (6) Maximum height. 45 feet, except that structures within 100 feet of the RIO zone shall not exceed 35 feet in height. ( c) A development that provides the following may have its maximum lot coverage and impervious surface area increased by adding bonus percentages to the maximum base area percentage provided the total does not exceed the maximum allowed above. (1) Commercial! Residential Mixed-Use Development: 20 percent bonus; 41 Zoning Code (2) Development containing 75 percent of the building footprint with three and four story buildings: 10 percent bonus; (3) Ten (10) percent bonus if a sidewalk 10 feet in width or greater is installed extending to the front of the building and continuing along the entire arterial frontage of the parcel. (4) Pedestrian through-corridor that provides pedestrian access to a location approved by the Director: 5 percent bonus. (5) Fifty (50) percent of off-street parking is provided underground or within a building designed for occupancy: 20 percent bonus. 20.62.070 DESIGN STANDARDS The following design standards shall be applied to all new development or significant redevelopment of a site. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Bulk Reduction: At least 2 of the following criteria shall be used to reduce the appearance of mass and bulk of the fa9ade of all buildings facing public streets. (1) Upper floor setbacks of not more than 10 feet provided the setbacks are not applied to more than 25 percent of building fa9ades facing a public street. (2) One or more ofthe following techniques: (i) recessing the entrance area at least 3 ft. (ii) an entrance area that protrudes at least 3 feet. (iii) a canopy, portico or overhang extending at least 5 feet over the sidewalk in the entrance area (3) Buildings with at least 5-foot overhangs, awnings, canopies or arcades elevated between 8 and 12 feet above the sidewalk. (4) Window fenestration. Windows shall occupy at least 50% of the ground floor facade measured to 10 feet above the sidewalk or finished grade. (b) Sight-obscuring landscape buffering shall be provided along property lines adjacent to CC and R-10 zones pursuant to the standards set forth in BMC Chapter 21.02.700(a)(1)(i)(A) or (B). ( c) Outdoor storage of all materials shall be prohibited except for nurseries, which shall provide screening pursuant to 21.02.700(a)(1)(i)(A) or (B) BMC. (d) Refuse containers (1) Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six feet high; (2) No refuse container shall be permanently stored between a street and the front of a building; (3) Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. (e) Signage: Signs shall meet the requirements set forth in BMC 21.02.330, except all free standing signs shall be limited to monument styles not more than 8 feet maximum height and not exceeding 60 square feet in sign area. Monument signs shall be defined as a sign placed 42 Zoning Code on a base of solid appearance equal to the width of the sign with no free space or other visual gap between the base and sign face. 20.62.080 PARKING On-site parking shall be provided in accordance with Sections 21.02.580,21.02.590, 21.02.600,21.02.610,21.02.620,21.02.630, 21.02.640, 21.02.650, 21.02.670, and 21.02.680 of this title, except that on-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than 50% of the site frontage facing the arterial street. Parking shall not be placed on street corners. Access to parking may be from adjacent non-arterial streets, or from driveways off of the arterial. Driveways providing access to parking area shall be well marked. 20.62.090 LANDSCAPING The landscaping requirements set forth in Chapters 21.02.690 through 740 BMC, or as otherwise modified in this chapter, shall be satisfied. SECTION 7. Chapter 20.64 ofthe Bremerton Municipal Code entitled "Wheaton Way Redevelopment Corridor (WWRC)" is hereby created to read as follows: Chapter 20.64 WHEATON WAY REDEVELOPMENT CORRIDOR (WWRC) 20.64.010 INTENT. The intent of the Wheaton Way Redevelopment Corridor zone is to provide for the transition over time of the corridor away from suburban style strip commercial development. The WWRC zone seeks to create a mixed-use, high density, corridor that will enable a full range of commercial uses oriented closer to the street, and medium to high density residential uses above or on portions oflarger sites away from the street frontage. The zone seeks to balance the needs of automobile oriented businesses with a desire to incorporate a more pedestrian oriented design approach. Introduction of residential use within the corridor is intended, in part, to support high levels of transit usage within the corridor. In addition, the WWRC zone seeks to provide adequate transitions to less intense adjacent zone districts. 20.64.020 PERMITTED USES. Permitted Uses include: (a) Retail uses. Uses include the following and those uses as determined by section 20.64.040: (1) general merchandise, such as furniture, appliances, and sporting goods (2) grocery (3) apparel and accessories (4) eating and drinking establishments, including drive-thru's. (5) drug and proprietary (b) Finance, insurance and real estate. Uses include the following and those uses as determined by section 20.64.040: (1) finance depository institutions, non-depository institutions, holding companies, other investment companies, brokers and dealers in securities and commodity contracts and security and commodity exchanges; 43 Zoning Code (2) insurance, including carriers of all types of insurance and insurance agents and brokers; (3) real estate, including owners, leasers, lessees, buyers, sellers, agents and developers of real estate. ( c) Services. Uses include the following and those uses as determined by section 20.64.040: (f) (g) (h) (i) CD (k) stations. (1) Transportation activities. Uses include the following and those uses as determined by section 20.64.040: (1) bus terminals, (2) taxi cab services, (3) tour operators, (4) other transportation services. (m) Residential uses. All residential uses are permitted with a maximum density of twelve units per acre. (1) Residential uses shall be placed only on upper floors of mixed use structures in which ground floors are occupied with non-residential uses, except that on sites in single ownership larger than three acres, single use residential structures are permitted if screened from major arterials by mixed use structures or structures containing other permitted non-residential uses only. Such screening structures must not be less than thirty-five feet (2) On sites in single ownership larger than three acres, residential density may be increased to a maximum of 20 units per acre provided that; (i) Site design provides for internal circulation connections for both pedestrians and vehicles between all portions of the site, and . (1) funeral service; (2) consulting services, including: advertising agencies, travel agencies, commercial art and computer programming engineering, accounting, research, management and related services; (3) (4) educational services: establishments involved in academic and technical instruction and libraries; (5) social services: senior center, neighborhood center, childcare and residential care; (d) Hotels and lodging places; ( e) Medical uses including, but not limited to, the following: (1) office and clinics of doctors, dentists, health practitioners, (2) veterinarian clinics, and (3) medical laboratories; Physical fitness facilities and health clubs; Video tape rental stores, excluding adult oriented businesses; Museums, art galleries and botanical and zoological gardens; Membership organizations such as elks lodges, masons, etc.; Parks, playgrounds, outdoor recreation facilities Public Administration Uses, such as post office, satellite police stations and fire personal services: laundry, photo studios, beauty shops, shoe repair and repair services: radio and TV repair; 44 Zoning Code (ii) landscaping and/or screening adjacent to a single-family zone district shall be provided per section 21.02.700(a)(1)(A&B), and (iii) a transit stop with shelter is provided at the arterial street frontage. (n) Automobile related uses, excluding gas stations, including but not limited to the following; (1) automobile parts store (2) automobile services such as repair, detailing, and similar (0) Underground water, sewer, storm water and utility facilities; (p) Co-location of wireless communication per BMC 21.02.335; 20.64.030 CONDITIONAL USES. Uses in the following categories may be permitted through a Conditional (Special) Use Permit pursuant to Chapter 21.02.905 BMC. (a) Hardware Stores, provided: (1) store includes less than 20,000 square feet of gross floor space, (2) Outside storage shall be entirely inside an enclosed structure, (b) Building material and garden supply, provided: (1) Store is less than 20,000 square feet of gross floor space, (2) No loading areas shall be located in a front yard or side yard facing residential uses. (3) Outside storage is limited to 5,000 gross square feet or less of live plant materials, (4) Lumber, masonry materials and any other non-living product shall be stored and displayed entirely inside an enclosed, roofed structure, and (5) The use will not generate noise, odor, or vibrations impacts greater than those usually generated by uses permitted outright in the zone. ( c) Home furnishings and equipment, provided: (1) store is limited to 20,000 gross square feet of floor space, (2) No loading areas shall be located in a front yard or side yard facing residential uses. (d) Gas stations and carwashes, provided (1) No more than two points of ingress/egress allowed per street frontage. Ingress/egress points shall be separated laterally along the property frontage(s) to the maximum possible while meeting all other street standards and City requirements. (2) buffering is provided pursuant to section(s) 21.02.700(a)(i)(A) and (B) BMC, except that required berms, and/or trees in combination shall provide total visual screening to a height of 5 feet shall not be less than 10 feet in height two inch caliper, measured 4 feet above ground, at time of planting and/or construction. 20.64.040 SIMILAR USE DETERMINATION (a) Any proposed land use that is NOT listed in sections 20.64.020 or 20.64.030 above may be pennitted if, in the opinion of the Director, it is a use similar to a listed use. (b) In such cases, and applicant may request that the Director make a detennination of similar use. Such detennination or denial of such, shall be made by the Director in writing. 45 Zoning Code ( c) In making a determination of similar use, the Director shall consider scale, visual impacts, traffic generation, relationship to surroundings, and any other factors which, in the opinion of the Director, influence and/or define the nature of the proposed use. (d) If the Director finds that the proposed use is similar to a listed use, the use shall be subject to all standards, requirements and pennitting processes to which the listed use is subject. 20.64.050 PROHIBITED USES. Uses other than those identified or described in Sections 20.64.020 and 2002.64.030 of this chapter are prohibited except as may be allowed per section 20.64.040. 20.64.060 DIMENSIONAL STANDARDS. (a) More than one permitted principal use and accessory uses are allowed per each lot. (b) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law. (1) Maximum front yard setback. 5 feet except that front yard setback may be increased if the Director finds that such increase is necessary to accommodate pedestrian features per section 20.64.070 or equivalent. (2) Minimum side yard setback. None from non residential zones, 30 ft from the RIO zone (3) Minimum rear yard setback. None from non residential zones, 30 ft from the RIO zone (4) Maximum lot coverage. 50 percent unless increased per section 20.64.060(c). In no case shall maximum lot coverage exceed 75 percent (5) Maximum impervious surface area of all development on site. 75 percent unless increased per section 20.64.060(c). In no case shall maximum lot coverage exceed 95 percent (6) Maximum height. 40 feet, except that structures within 100 feet ofthe RIO zone shall not exceed 35 feet in height. ( c) A development that provides the following may have its maximum lot coverage and impervious surface area increased by adding bonus percentages to the maximum base area percentage provided the total does not exceed the maximum allowed above. (1) Commercial/ Residential Mixed-Use Development: 20 percent bonus; (2) Development containing 75 percent of the building footprint with three and four story buildings: 10 percent bonus; (3) Ten (l0) percent bonus if a sidewalk 10 feet in width or greater is installed extending to the front of the building and continuing along the entire arterial frontage of the parcel. (d) Projects providing a through-block corridor that facilitates pedestrian access in a location approved by the city: five percent bonus. ( e) Projects providing at least fifty percent of their required parking underground or within the building: twenty percent bonus. 20.64.070 DESIGN STANDARDS The following design standards shall be applied to all new development or significant redevelopment of a site. When development involves the remodel or expansion of existing 46 Zoning Code structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Bulk Reduction: At least 2 of the following criteria shall be used to reduce the appearance of mass and bulk of the fa<;ade of all buildings facing public streets. (1) Upper floor setbacks of not more than 10 feet provided the setbacks are not applied to more than 25 percent of building fa<;ades facing a public street. (2) One or more of the following techniques: (i) recessing the entrance area at least 3 ft. (ii) an entrance area that protrudes at least 3 feet. (iii) a canopy, portico or overhang extending at least 5 feet over the sidewalk in the entrance area (3) Buildings with at least 5-foot overhangs, awnings, canopies or arcades elevated between 8 and 12 feet above the sidewalk. (4) Window fenestration. Windows shall occupy at least 50% of the ground floor facade measured to 10 feet above the sidewalk or finished grade. (b) Sight-obscuring landscape buffering shall be provided along property lines adjacent to CC and RR-IO zones pursuant to the standards set forth in BMC Chapter 21.02.700(a)(1)(i)(A) or (B). ( c) Outdoor storage of all materials shall be prohibited except for nurseries, which shall provide screening pursuant to 21.02. 700( a) (1 )(i)(A) or (B) BMC. (d) Refuse containers (1) Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six feet high; (2) No refuse container shall be permanently stored between a street and the front of a building; (3) Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. (e) Signage: Signs shall meet the requirements set forth in BMC 21.02.330, except all free standing signs shall be limited to monument styles not more than 8 feet maximum height and not exceeding 60 square feet in sign area. Monument signs shall be defined as a sign placed on a base of solid appearance equal to the width of the sign with no free space or other visual gap between the base and sign face. 20.64.080 PARKING. On-site parking shall be provided in accordance with Sections 21.02.580, 21.02.590, 21.02.600,21.02.610,21.02.620,21.02.630, 21.02.640, 21.02.650, 21.02.670, and 21.02.680 of this title, except that on-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than 40% of the site frontage facing the arterial street. Parking shall not be placed on street corners. Access to parking may be from adjacent non-arterial streets, or from driveways off of the arterial. Driveways providing access to parking area shall be well marked. On street parking shall be allowed to help satisfy parking requirements provided paved street widths provide adequate room pursuant to city standards for on-street parking. 47 Zoning Code 20.64.090 LANDSCAPING. The landscaping requirements set forth in Chapters 21. 02.690 through 740 BMC, or as otherwise modified in this chapter, shall be satisfied. SECTION 8. Effective Date ofZonin~ Provisions. The provisions contained in Sections 1 through 7 of this ordinance shall become effective upon the effective date of the ordinance adopting the Official Zoning Map implementing the zoning classifications contained in said Sections. SECTION 9. Severability. If anyone 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 10. 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. PASSED by the City Council the c..1tJt.J) day of ,2005 Approved this /nr-J.J day of (f,-vuj) ~ DAREN NYGREN, Cou cil resident ,/'" /~.;7 ".~' .::>' // '/./",.~Og5 / // " ,~,~ f I //....'.-.'. /7/~;Y'/ ~._..-Z/-L/~ L.F ~~- l " I . CARY BOZB~,Mayor APPROVED AS TO FORM: c-=~.~'_._"...,---- ')i!t:~-=~~-~ ". -....--i:2-;:=:=.- R . ERA. LUBOVIC____~ ,2005 ,2005 PUBLISHED lhe J.tIi..i day of = EFFECTIVE the d Ltv6 day of . ORDINANCE NO. .t/<t, ~~ R:\LEGAL\Ordinances\Community Development\2005 Zoning Code Amendment\Title 20-0rdinance-FINALdoc 48 Zoning Code AFFIDAVIT OF PUBLICATION No. Ad # 100147853 STATE OF WASHINGTON COUNTY OF KITSAP I, Dina Christensen, 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 Newspaper; 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 afo~e id place of publication of said newspaper April 11 , 2005, and that such newspaper was regularly d' tributed to its subscribers during all of said period. That the full amount of the fee charged for the:D egoing publication is the sum of $45,19 which amount has not been paid't ,/ J ' \\\\\IlIII'rl// ~,,/ . /J. !f! ~ \\\\G~fFERI(.I/// /' l.,VL U~'---- "<(" . . . . . O,,{"// " ~ 'y .... "-:r.,z,~ (Stgnatur of Principal Clerk) 2~:' o1ARy'. -::. / Subs~~c! ana swo~~e b~~me this 21st day of Ap . , = : lJI",i4. '0:: ",. ,u 0,- _ ~ 0 '" ~~... .oUB\... :'0.2 AA /./. "'/ '1 '. .'~ ~ ~ ' "V\.... ' l o;/~oo...oooSo(O,',' - 1 1m Lf~ ////1 OF w~ \\\\ 1/11/111\\\\\\ ORDINANCE NO. 4932' AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting amendments to the City Zoning Code by adding new chapters as follows: Chapter 20.40 entitled "Administration," Chapter 20.42 entitled "Definitions," Chapter 20.44 entitled "General Development Standards," Chapter 20.46 entitled "Special Development Standards," Chapter 20.60 entitled "Low Density Residential (R-lO)," Chapter 20.62 entitled "Commercial Corridor," and Chapter 20.64 entitled "Wheaton Way Redevelopment Corridor (WWRC)," all of which shall become effective upon the effective date of the ordinance adopting the Official Zoning Map.- PASSED by the City Council the 30th day of March, 2005- The full text of this ordinance is available from the City Clerk's Office, 345 6th Street, Suite 600, Bremerton, WA 98337.- April 11, 2005"#100147853- i I