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HomeMy WebLinkAbout4946 ORDINANCE NO. .I/9..y&, 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 20.18 entitled "Text Amendments," Chapter 20.48 entitled "Off-Street Parking," Chapter 20.50 entitled "Landscaping Standards," Chapter 20.52 entitled "Sign Requirements," Chapter 20.54 entitled "Nonconforming Provisions," Chapter 20.58 entitled "Land Use Permits," Chapter 20.74 entitled "Business Core (BC)," Chapter 20.75 entitled "Downtown Core," Chapter 20.76 entitled "Downtown Waterfront," Chapter 20.79 entitled "Multiple Residential (MR)," Chapter 20.90 entitled "Industrial Park (IP)," Chapter 20.92 entitled "Employment Center (EC)," Chapter 20.94 entitled "Industrial," Chapter 20.96 entitled "City Utility Lands (CUL)," Chapter 20.97 entitled "Watershed (WS)," and Chapter 20.98 entitled "Institutional (INST)," 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 continue the update process by adopting zoning regulations, which will be followed by additional updates; and WHEREAS, the proposed 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 20.18 of the Bremerton Municipal Code entitled "Text Amendments" is hereby created to read as follows: Chapter 20.18 TEXT AMENDMENTS 20.18.010 APPLICABILITY. From time to time a chanke in circumstance or conditions may warrant a change in the development regulations of this title, which are consistent with the Comprehensive Plan. Text 1 Zoning Code Amendment amendments revise the text of BMC Title 20 and change specific standards, procedures, meaning or other provisions of the code. 20.18.020 GENERAL PROVISIONS. (a) Applicant: Any interested party may initiate a text amendment to any provision of Title 20. (b) Fee: An application fee, pursuant to the adopted fee schedules in Chapter 3.01 BMC, shall accompany an application for a text amendment. Amendments initiated by the City shall be exempt from the application fee. (c) Notice: Published notice shall be given prior to public hearing dates in the official newspaper in accordance with the following schedule: (1) Ten (10) calendar days for the first Planning Commission public hearing, and (2) (3) publication of notice. (4) Consideration shall be given to WAC 365-195-600 (Public Participation) in determining if additional notice requirements are necessary. (d) Approval Criteria: A text amendment may be approved if it is found that: (1) It is consistent with the goals and policies of the Comprehensive Plan; and (2) It does not conflict with other City, state and federal codes, regulations and ordinances. (e) Comprehensive Plan Consistency: If a Comprehensive Plan amendment is required in order to satisfy BMC 20.l8.020(d)(1), approval ofthe Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the text amendment. Five (5) calendar days for the first City Council public hearing. Subsequent hearing dates on the same proposal do not require additional 20.18.030 TEXT AMENDMENTS. (a) Applicability: This Section applies to amendments involving substantive changes such as those standards prescribed in BMC Title 20 Section III Zoning, Chapter 20.14 BMC (Critical Areas) or Chapter 20.12 BMC (Short Subdivisions). (Note: A change to these Chapters does not automatically constitute a substantive change.) (b) Procedures: Specific procedural requirements are prescribed in Chapter 36.70(A) RCW. The Planning Commission conducts public hearings and makes a recommendation to the City Council. The City Council following its own public hearing(s), may approve, approve with modifications, deny or remand the Planning Commission's recommendation for additional study. 20.18.040 PROCEDURAL TEXT AMENDMENTS. (a) Applicability: This Section applies to amendments that involving changes to procedural requirements such as those prescribed in Chapter 20.02 BMC (Project Permit) or Chapter 20.04 BMC (SEP A). (Note: A change to these Chapters does not automatically constitute a procedural change.) (b) Procedures: The Department shall make a recommendation to the City Council. The City Council, following its own public hearing may approve, approve with modifications, or deny the Department's recommendation. 2 Zoning Code Amendment (c) State Environmental Policy Act: Procedural amendments are exempt from environmental review (SEP A) pursuant to WAC 197-11-800(20). 20.18.050 MINOR CORRECTIONS. (a) Exempt: An amendment that does not result in any substantive change to the content or meaning of a regulation such as a correction to the punctuation or numbering sequence shall be exempt from notice and hearing requirements of this Chapter. (b) Procedures: The Department makes a recommendation to the City Council who may approve, modify and approve, or deny the amendment. Amendments to make minor corrections are processed in accordance with the ordinance requirements set forth in the City Charter, Article III (Legislation). 20.18.060 AMENDMENTS TO THE SHORELINE MASTER PROGRAM. (a) Applicability: This Section applies to amendments to Chapter 20.16 BMC (Shoreline Master Program). (b) Procedures: Review procedures are prescribed in Chapter 173-26 WAC and the Shoreline Master Program. A minimum of one public hearing shall be held prior to the City Council's decision on the amendment. The City Council may approve, approve with modifications, or deny an amendment. (c) Approval of Ecology: A City Council decision approving an amendment shall be transmitted to the Washington Department of Ecology who approves, recommends specific changes necessary to make the proposal consistent with Chapter 90.58 RCW policy and its applicable guidelines, or denies the amendment. SECTION 2. Chapter 20.48 of the Bremerton Municipal Code entitled "Off- Street Parking" is hereby created to read as follows: CHAPTER 20.48 OFF-STREET PARKING 20.48.010 INTENT. The intent of this Chapter is to require off-street parking and loading facilities in proportion to the parking and loading demand of land uses while minimizing the amount of impervious surface where possible. The purpose of the regulations and design standards are to ensure the usefulness of parking and loading facilities, to protect the public safety, to mitigate adverse land-use impacts and to protect the visual, water and air quality ofthe community. 20.48.020 APPLICABILITY. (a) General: The provisions of this Chapter shall be applied at the time of erection of any building or structure, or at the time any principal building or structure is enlarged or increased in capacity unless provided for otherwise by law. This Chapter shall be used in conjunction with specific off-street parking requirements set forth in BMC Title 20. (b) Change of Use or Occupancy: The number of off-street parking spaces shall be provided in accordance with the requirements of this Chapter if a change in the use or occupancy of an existing building or structure results in a significant increase in the parking demand, which 3 Zoning Code Amendment shall be determined by calculating the difference between the required and existing number of parking spaces. If the difference is more than fifteen (15) percent ofthe existing parking spaces, or if the difference is more than three (3) parking spaces, whichever number is larger, it shall be determined to be a significant increase. (c) Expansion of Structure/ Use: When an existing structure or use is expanded, additional off-street parking spaces shall be provided in accordance with the requirements of this chapter, except when the expansion necessitates the addition of three (3) or fewer parking spaces. The number of additional spaces shall be computed only to the extent of the enlargement, regardless of whether or not the number of previous existing spaces satisfies the requirements of this Chapter. (d) Movement of Building: If a building is moved to a new lot, off-street parking spaces shall be provided in accordance with the requirements of this Chapter. (e) Change in Ownership: Additional off-street parking shall not be required because of a change in ownership or tenancy provided the use and the building remain unchanged. (f) Rehabilitation: Additional off-street parking spaces are not required because of a building remodel or improvements if: (1) The remodel or improvements are contained within the existing envelope of the building or structure; (2) The inside gross floor area is not increased by more than ten (10) percent; and (3) No additional residential dwellings are created. 20.48.030 NONCONFORMITIES. Any use, which on the effective date of this Chapter or any amendments .hereto, is nonconforming in terms of required off-street parking facilities may continue in the same manner as if they were conforming unless any ofthe provisions set forth in BMC 20.48.010 would apply. However, in no case shall nonconforming parking have its existing number of off-street parking spaces reduced. 20.48.040 GENERAL REQUIREMENTS. The following requirements are applicable to all zoning districts. (a) Occupancy: No building or structure shall be approved for occupancy unless adequate parking facilities are provided consistent with the requirements of this Chapter. (b ) Availability: All required off-street parking spaces shall be made available and continuously maintained for the parking of residents, customers, patrons and employees of the related land uses and shall not be rented, leased or otherwise assigned to any person or organization not related to the principal or accessory land use. (c) Plans Required: No building permit shall be issued until the applicant has submitted satisfactory plans to the City showing how the off-street parking and loading facilities required by this Chapter will be provided and maintained. Development of a parking lot without a building or other structure does not require a building permit, but does require Site Plan Review in accordance with BMC 20.58.090 (d) Maintenance: It shall be the responsibility ofthe property owner to ensure that parking areas and driveways are continually maintained in good condition and free of refuse and debris. All required landscaping shall be kept in a healthy condition and properly maintained. 4 Zoning Code Amendment (e) Non-parking Activities: No business, temporary or permanent display, or other non-parking activity shall occur on any required parking space. (f) Parking Prohibited: Parking is prohibited on landscaped or other areas not designed and approved for parking. (g) Unobstructed Access and Circulation: (1) Unobstructed vehicular access to and from public or private streets shall be provided for all off-street parking spaces. Vehicular access drives shall be designed to ensure the safety of persons using such access or traveling on the public street. (2) Required parking and all maneuver areas shall remain free of all obstructions. (3) No parking space may block access to another parking space unless the City has approved a tandem parking design, and valet parking with a tenant is made available during hours of operation. (4) Except for single-family and duplex structures on individual lots, parking spaces shall be designed to prevent the backing of vehicles onto a public right-of-way, or a private street other than an alley. (h) Shared Driveways: Shared driveways are encouraged for abutting lots whenever practical. Approval shall include easements granting access to all property owners using the shared driveway. 20.48.060 RESIDENTIAL PARKING DEVELOPMENT STANDARDS. The following provisions apply to off-street parking spaces for all residential development: (a) Surface: Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface. (b) Gravel Surface Driveway: A gravel surface driveway may be allowed for a single- family residence for that portion of the driveway that is more than 100 feet from the lot line where access is provided. Any driveway approved for a gravel surface shall include a paved apron in front of the garage automobile door entrance extending a minimum depth of eighteen (18) feet and at least the width of the garage door. (c) Side Yard Setback: No parking shall be located within the side yard setback area of the zone unless the side lot line abuts an alley. When abutting an alley, the side yard setback parking provision is reduced to zero. (d) Rear Yard Setback: No parking shall be located within the rear yard setback area of the zone unless the rear lot line abuts an alley. When abutting an alley, the rear yard setback parking provision is reduced to zero. (e) Front Yard Setback: No parking shall be located within the front yard setback area of the zone, except within paved driveways, unless allowed otherwise by law. (f) Stall Dimensions: (1) Parking stalls for a single-family dwelling shall have a minimum width of eight (8) feet and depth of eighteen (18) feet. (2) Parking facilities for two or more dwellings shall comply with the design standards prescribed in BMC 20.48.080. These design standards may be modified to allow stacked parking spaces for a residential structure containing up to four (4) dwellings provided the parking spaces comply with setbacks. 5 Zoning Code Amendment (g) Driveways: A driveway may be located within any setback area for a residential use provided the width is not more than twenty (20) feet, and (1) The driveway area within yard setbacks is not used to satisfy the parking space requirement; (2) Access to a public or private street is provided in accordance with City street standards; and (3) The Director may approve exception to the maximum driveway width when necessary for compliance with Americans with Disabilities Act (ADA) standards. (h) Required Parking Spaces: The number of off-street parking spaces shall be provided in accordance with the use and the following corresponding standards: Type of Use: Number of Bedrooms: (1) ADU (2) Single-unit residential All (3) Two- unit residential All (4) Multi-unit residential 1 or less (5) Multi-unit residential 2 (6) Multi-unit residential 3 or more (7) Group Residential Facility, Class I Group Residential Home Adult Family Home Minimum Number of Parking Spaces: See BMC 20.46.010 2.0 per dwelling .2.0 per dwelling 1.5 per dwelling 1.75 per dwelling 2.0 per dwelling 2.0 plus 1.0 for each bedroom beyond the first 4 plus 1.0 for each 300 square feet of gross floor area used for counseling 20.48.080 NON-RESIDENTIAL PARKING DEVELOPMENT STANDARDS. The following provisions apply to off-street parking spaces for all non-residential development and parking lots. (a) Surface: Driveways and areas used for loading, parking and maneuvering motorized vehicles shall have a paved surface. (b) Side and Rear Yard Setbacks: Parking spaces shall be setback a minimum of five (5) feet from the side and rear lot lines. Setbacks may be reduced to zero if the following are incorporated into the design of the parking area: (1) A solid fence or wall is provided; and (2) Landscaped islands at least forty-five (45) square feet of area are provided in a manner that breaks up parking spaces adjacent to the lot line into groups of not more than six (6) spaces each. (c) Front Yard Setbacks: Parking spaces shall be setback a minimum often (10) feet from the front lot line. (d) Parking Setbacks in Structures: When parking is incorporated within a structure, the parking shall comply with the setbacks of the zone applicable to the structure. 6 Zoning Code Amendment (e) Setbacks Abutting a Residential Zone: When a parking space abuts a residentially zoned property, the side and rear yard setbacks shall be at least ten (10) feet from the abutting residential lot line. Setbacks may be reduced to five (5) feet if the following are incorporated into the design of the parking area: (1) A minimum five (5) foot in height solid fence or wall; and (2) Sight-obscuring landscaping at least five (5) in height and five (5) feet wide, which meets the performance standards set forth in Chapter 20.50 BMC. (f) Stall and Aisle Requirements: Parking facilities for required parking shall meet the minimum stall and aisle dimensions set forth in Figure 20.48(a). (g) Modifications to Parking Stall Requirements: The standards set forth in BMC 20.48.080(f) may be modified to allow for a vehicle overhang of up to two and on-half (2.5) feet provided: (1 ) Wheel stops are attached to the ground or pavement if curbs are not provided; (2) The vehicle overhang would not extend beyond the lot line or into front yard setback areas; (3) Walkways maintain a minimum three (3)-foot wide (four (4) feet for handicap access routes) unimpeded passage for pedestrian passage beyond the two and one-half (2.5) foot overhang. (h) Driveways: The width of non-residential driveways shall be based on the location, intended usage, and other factors and shall be in accordance with State and City engineering standards and: (i) Internal Parking Lot Design: Parking facilities shall incorporate the following features to provide safe and efficient circulation for vehicles and pedestrians: (1) Standard traffic control signs and devices to direct traffic; (2) Signs, crosswalks, raised pedestrian walkways and night lighting to provide for safe pedestrian movement; (3) Landscaped islands, raised curbs, and striping to define parking lot entrances, end of parking aisles and the patterns of internal circulation; and (4) Overall design coordination and adherence to all applicable design standards. G) Landscaping: Landscaping shall be provided in accordance with the requirements prescribed in Chapter 20.50 BMC. (k) Lighting: Parking areas shall be lighted for the safety of pedestrians and vehicle circulation on the site in the following manner: (1) Lights are hooded or beamed so that there is no undesirable glare directed onto any adjacent streets or property; and (2) Lighting shall be designed adequately to illuminate the parking area while preventing the direct illumination of adjacent properties. (1) Signage and Striping: Directional signs and pavement markings shall be used to control vehicular movement within parking areas and to mark spaces. (1) The locations of parking spaces shall be clearly indicated by curb markings, wheel stops, bollards, or other means. (2) Incidental signs within parking lots shall be limited to two (2) square feet III SIze. 7 Zoning Code Amendment (3) No signs other than those indicating entrances, exits, name of the lot or the establishment to which the lot is accessory, conditions of use, or identification of disabled parking spaces shall be erected. (4) Signage for handicap spaces shall comply with the requirements prescribed in RCW 70.92.120. (m) Required Parking Spaces: The number of off-street parking spaces shall be provided in accordance with the use and following corresponding standards: (4) Offices (5) Retail Store less than 15,000 sq. ft. (6) Retail Stores 15,000 sq. ft. or larger (7) Personal Service Shop (tanning, shoe repair, dry cleaner) (8) Plumbing, Heating, Electrical and Building Supplies (9) Convenience Market/ Food Store (retail)/ Markets & Supermarkets (10) Shopping Center* 4.0 per 1,000 square feet ofleaseable g.f.a * A shopping center is a contiguous collection of retail businesses under one ownership or common management located in a building or set of buildings. Category of Land Use BUSINESS/ COMMERCIAL: (1) Barber Shop/ Beauty Salon (2) Bank! Financial (3) Laundry (self service) Minimum Number of Parking Spaces 1 per 75 sq. ft. gross floor area (g.f.a.) 1 per 350 sq. ft. g.f.a. 1 per 4 washing machines, with a minimum 5 required 1 per 300 sq. ft. g.f.a 1 per 300 sq. ft. g.f.a. 1 per 250 sq. ft. g.f.a 1 per 250 sq. ft. g.f.a., with a minimum of2 required 1 per 600 sq. ft. g.f.a. 1 per 250 sq. ft. g.f.a., with a minimum of 6 required EATING/ DRINKING ESTABLISHMENTS: (1) Restaurant/ 1 per 150 sq. ft. g.f.a. Cocktail Lounge/ Tavern less than 4,000 sq. ft 8 Zoning Code Amendment (2) Restaurant! Cocktail Lounge/ Tavern 4,000 sq. ft. or greater ENTERTAINMENT: (1) Bowling Alley (2) Clubs, Lodges (3) Dance Hall (4) Pool Hall (5) Theater (6) Video Game Arcade INDUSTRIAL: (1) Industrial Establishment/ Research & development (2) Mini-warehouse (3) Wholesale Establishment/ Warehouse, Trucking and Freight Terminal LODGING: (1) Bed & Breakfast (2) Hotel (3) Motel 20 plus 1 per 100 sq. ft. g.f.a. greater than 4,000 sq. ft. 5 per lane 1 per 4 fixed seats, plus 1 per 50 sq. ft. gross floor area of assembly area without fixed seating 1 per 100 sq. ft. g.f.a. 1 per 100 sq. ft. g.f.a. 1 per 4 fixed seats 15 per 1,000 sq. ft. g.f.a. 1 per 600 sq. ft. g.f.a. 1 per 3,000 sq. ft. g.f.a., plus 1 loading space per 10,000 sq. ft. g.f.a., plus 1 per 300 sq. ft. g.f.a. for office area 1 per 2,000 sq. ft. g.f.a. up to 20,000 sq. ft., (3 space minimum), plus 1 per 2,500 sq. ft. g.f.a. 20,001 to 100,000 sq. ft. (10 space minimum), plus 1 per 3,000 sq. ft. greater than 100,000 sq. ft. (40 spaces minimum) 1 per guest room plus 1 for the resident household 1 per 2 guest rooms, plus 1 per 200 sq. ft. g.f.a. of common areas 1 per 2 guest rooms, plus 1 per 200 sq. ft. g.f.a. of common area plus 1 for manager 9 Zoning Code Amendment (4) Travel Trailer Park! Tourist Court MEDICAL! DENTAL: (1) Medical! Dental Office (2) Hospital/ Medical Centers (3) Nursing Home/ Health Institution! Convalescent Home (4) Veterinarian! Animal Hospital RECREATIONAL: (1) Health Club/ Figure Salon! Physical Fitness Center (2) Parks/ Playground (3) Racquet/ Handball (4) Swimming Facility PUBLIC: (1) Library/ Museum (2) Places of Assembly (arenas, churches, auditoriums, stadiums, sports arenas, etc.) EDUCATIONAL: (1) Nursery School/ Day Care (2) School, Business & Trade 1 per trailer site, plus 1 per 10 sites located in a secure storage area, plus 1 per 5 sites for guest parking, plus Other parking for office or community buildings 1 per 150 sq. ft. g.f.a 1.8 per overnight bed based on state license 1 per 600 sq. ft. of g.f.a. 1 per 200 sq. ft. g.f.a. 10 per 1,000 sq. ft. g.f.a Based on anticipated parking demand 2 per each court 5, plus 1 per 75 sq ft. of gross surface water area 1 per 400 sq. ft. g.f.a. 1 per 4 fixed seats (20 inches of a bench or pew = 1 seat), plus 1 per 50 sq. ft. g.f.a. of assembly without seats 1 per 5 children, plus 2 loading! unloading spaces (12 or fewer children are exempt from the loading! unloading) 6 per classroom, and! or 1 per 200 sq. ft. g.f.a of administrative office, and! or teaching lab or shop 10 Zoning Code Amendment (3) School, College or University (4) School, K through 9th grade (5) School, 10th through 1 ih grade AUTOMOBILE: (1) Automobile Service (2) Motor Vehicle/ Vessel Sales Lots (3) Motorcycle/ Small Engine Repair (4) Shops/ stores for sales And service of machinery OTHERS: (1) Garden Nursery (2) Marinas & Moorage Facilities (3) Mortuary/ Funeral Home (4) Uncovered Storage Area 2 per 1,000 sq. ft. g.f.a. used for academics, plus 1 per each 4 student rooming unit, plus Additional space as required for non-academics 2 per classroom, plus 1 per 200 sq. ft. g.f.a of administrative office 1 per each 10 students for which building is designed, plus 1 per classroom, plus 1 per 200 sq. ft. g.f.a of administrative office 1 per 200 sq. ft. g.f.a., plus 1 per service bay (bay itself is not a space), with a minimum of 5 required 1 per 3,000 square feet of retail indoor or outdoor sales area in addition to parking requirements for the building or structure 1 per 400 square feet of g.f.a. 1 per 600 sq. ft. g.f.a. 1 per 400 sq. ft. g.f.a of retail area, plus 1 per 500 sq. ft. g.f.a of building and outside display area (wholesale) 1 per 600 sq. ft. of g.f.a. 1 per 75 sq. ft. of assembly area 1 per 2,000 sq. ft., plus 1 per each vehicle anticipated to be parked overnight on a regular basis, plus 1 per 300 sq. ft. g.f.a. for office 20.48.100 PARKING REDUCTION. Modifications to the requirements of this Chapter may be granted for the following: (a) Designated Land Use Centers: If a change of use occurs pursuant to BMC 20.48.020(b) on a property within a Center zone designation as prescribed in BMC Figure 20.40(a), which results in a significant increase in parking demand, the Director may reduce by up to ten (10) the minimum number of required parking spaces provided: 11 Zoning Code Amendment (1) Sites containing multiple buildings and! or uses shall have the reduction applied to the entire site and not to individual uses; (2) The number of existing off-street parking spaces is not reduced. (b) Master Development Zone: Approval of a Master Development zone pursuant to Chapter 20.80 BMC. (c) Group Residential Facility Class I, Adult Family Home, and Group Residential Home: The Director may authorize a reduction in the number of required parking spaces for a Group Residential Facility-Class I, Adult Family Home, or Group Residential Home if there is a clear indication that the requirements of this Chapter are excessive due to such factors as the resident's ability to drive, age, or mental or physical abilities and disabilities. (d) Senior Housing Complex: Parking requirements may be reduced for a Senior Housing Complex approved pursuant to BMC 20.46.090. (e) Manufactured Home Park Requirements: Parking requirements for a Manufactured Home Park are prescribed in the approval criteria for a Conditional Use Permit. 20.48.120 UNLISTED USES. Land uses not specifically listed in BMC 20.48.060(h) and 20.48.080(n) shall have their off-street parking requirements determined in the following manner: (a) A comparison is made of the unlisted use to a listed use and the Director determines that the parking demand between the two uses is similar; or (b) If a comparison cannot be made, the Director may determine the number of required spaces based on anticipated parking demand, which in no case shall be less than one (1) parking space per five-hundred (500) square feet of gross floor area. 20.48.140 HANDICAP ACCESSIBLE PARKING. Where parking is provided, accessible parking spaces shall be provided that complies with the requirements in Chapter 17.04 BMC (City Building Code, IBC Chapter 11). Accessible parking spaces shall be located on the shortest accessible route oftravel from adjacent parking to an accessible building entrance. 20.48.160 LOADING/ UNLOADING SPACES. (a) Standards: Off-street loading spaces shall be provided in accordance with the following standards for all new non-residential construction or additions having a floor area greater than one-thousand (1,000) square feet of gross floor area that is engaged in retail, manufacturing, wholesale or storage activities, but excluding self-service storage facilities; which requires the delivery of merchandise or materials by trucks: Total Gross Floor Area Number of Loading Spaces Required (1) (2) (3) (4) 1,000 to 20,000 square feet 20,000 to 50,000 square feet 50,001 to 100,000 square feet Greater than 100,000 square feet 1 2 3 4 12 Zoning Code Amendment (b) Standards: Off-street loading spaces shall be provided in accordance with the following standards for all new non-residential construction or additions having a floor area greater than ten-thousand (10,000) square feet of gross floor area that is engaged in hotel, office, restaurant or similar use in accordance, which requires the delivery of merchandise or materials by trucks: Total Gross Floor Area (1) (2) (3) 10,000 to 50,000 square feet 50,001 to 100,000 square feet Greater than 100,000 square feet Number of Loading Spaces Required 1 2 3 (c) Loading/ Unload Zone Development Standards: (1) Design: Off-street loading spaces shall be at least ten (10) feet in width and have a total area of not less than two-hundred fifty (250) square feet. (2) Accessibility: With the exception of gates and security fencing, loading spaces shall be accessible at all times from a street, alley, or driveway and shall not be obstructed by other loading spaces, trash receptacles, outdoor storage, or other obstacles. (3) Obstructions: Loading functions shall not interfere with any emergency access, fire exit, or required vehicle parking spaces. (d) Modifications: (1) If the applicant can demonstrate that deliveries are only made during nighttime or other hours when customers are not present, the loading function may be accommodated in combination with required customer/ employee parking. (2) If the applicant can demonstrate that all deliveries are made by trucks with a gross weight of26,000 pounds or less, the number of required loading! unloading spaces may be reduced by one (1) if a load! unload zone located within the public right-of-way fronting the property is approved by the Public Works Department. 20.48.180 OTHER REQUIRED PARKING SPACES. All non-residential uses and residential developments of six (6) or more dwellings shall provide parking spaces for the following: (a) Motorcycle Spaces: Motorcycle spaces shall be provided at one (1) per twenty- five (25) of the required automobile spaces with at least one (1) motorcycle space provided. (1) Automobile parking requirements may be reduced one space for every three- (3) motorcycle spaces provided up to a maximum five (5) percent of the total required automobile spaces. (2) Each motorcycle space shall be no smaller than four (4) feet in width and eight (8) feet in depth. (3) Motorcycle spaces shall be located according to the same criteria and standards that are applicable to automobile parking spaces. (4) The Director may exempt those non-residential uses that would not normally have motorcycle-riding clientele (such as warehouses, storage facilities, automobile services, etc) from motorcycle parking requirements. 13 Zoning Code Amendment (b) Bicycle Facilities: Bicycle parking spaces shall be provided at ten (10) percent of the required automobile spaces. (1) The minimum number of required bicycle spaces for schools of all types except higher education institutions shall be calculated at the rate of one (1) space per twenty (20) students, based on the facility's designed capacity. (2) Video game and similar amusement centers commonly frequented by children and!or teenagers shall provide bicycle facilities equal to one-third the required numbers of automobile parking spaces. (3) The Director may exempt those non-residential uses that would not normally have bicycle-riding clientele (such as self-service businesses, automobile services, gas stations, etc) from the bicycle parking requirements. (4) Bicycle facilities shall be firmly attached to the ground, located near the building entrance, and designed to allow both the frame and wheels to be securely locked to the structure. 20.48.200 RENT OF RESIDENTIAL PARKING. (a) The rental, lease or other use of parking spaces for commercial parking purposes within a residential zone is prohibited. (b) The rental, lease or other use of parking spaces associated with a residential use for commercial parking, whether they are required spaces or not, is prohibited. 20.48.220 SATELLITE PARKING. Off-street parking requirements may be partially or completely satisfied with the approval of a Satellite Parking Facility. A Satellite Parking Facility is approved by Site Plan Review as prescribed in BMC 20.58.080. A Satellite Parking Facility may be approved provided: (a) The parking facility is located within four-hundred (400) feet of the property containing the associated use or building; (b) The parking facility is not located on property zoned for Low Density Residential. The Director may waive the zone restriction for a Religious Worship Facility or Public School if: (1) The parking facility is located on a lot abutting the principal use; or (2) The parking facility is located within one-hundred (100) feet on a lot where a street (public or private) or alley would separate it from the principal use. (c) The owner ofthe property containing the Satellite Parking Facility executes a binding agreement approved by the City. The agreement shall include covenants running with the land to ensure that conditions are observed and remain in effect until there is a substantial change to the original conditions that made the satellite parking necessary. The agreement at a minimum shall contain: (1) A covenant stating that the title to and right to use the satellite lot will be subservient to the title to the premises upon which the primary structure or improvement is to be erected or made; and (2) A warrant that lots are not and will not be made subject to any other covenant or contract for such or other use without the prior written approval of the City. (d) The owner of the property or an authorized agent shall file the agreement with the County Auditor following City approval. A copy of the recorded agreement shall be submitted to the Department and kept on file. 14 Zoning Code Amendment 1-- I (e) The Satellite Parking Facility shall meet the requirements of this Chapter. (f) A limit on the time of day that the Satellite Parking Facility is used may be placed as a condition of its approval if deemed necessary by the Director for the protection of adjoining areas. 20.48.240 JOINT USE OF PARKING FACILITIES. Joint Use Parking Facilities provide for the sharing of parking facilities between different uses. A Joint Use Parking Facility requires approval of a Conditional Use Permit pursuant to BMC 20.58.020. A Conditional Use Permit may be granted under the following conditions: (a) Up to fifty (50) percent of the required parking for a theater, auditorium, bowling alley, or dance hall may be supplied by the off-street parking provided by certain types of uses referred to as "daytime" uses in Subsection (d) below. (b) Up to fifty (50) percent ofthe required parking for uses specified as "daytime" uses in Subsection (d) below may be supplied by the parking facilities provided by uses referred to as "nighttime" uses in Subsection (e) below. (c) Up to seventy (70) percent of the required parking for a religious worship facility or auditorium incidental to a public or private school may be supplied by the off-street parking facilities provided by uses referred to as "daytime" uses in Subsection (d) below. (d) The following uses are considered as primary "daytime" uses: (1 ) Bank; (2) Offices; (3) Personal Service Shop; (4) Wholesale Businesses; (5) Uses similar to the above that normally or traditionally operate only during daytime hours. (e) The following uses are considered as primary "nighttime" or Sunday uses: (1) Auditorium incidental to a public or private school; (2) Civic and Commercial Theaters; (3) Bowling Alley; (4) Dance Hall; (5) Religious Worship Facilities; (6) Uses similar to the above that normally or traditionally operate primarily during evening hours or on Sunday. (f) The following conditions apply as a requisite for approving a joint use of parking facilities: (1) The principal building or use shall be located within a radius of eight- hundred (800) feet of the joint parking facilities. (2) The principal building or use shall not be separated from its parking by an arterial street unless it is within one block of a signalized intersection. (3) The applicant shall demonstrate there will be no substantial conflict between the two uses regarding hours of operation for which joint use of parking facilities is proposed. (4) A properly drawn legal instrument, approved by the City Attorney and executed by affected parties to set forth clearly the terms of the parking agreement, shall be recorded with the County Auditor. A copy of the recorded agreement shall be submitted to the Department. 15 Zoning Code Amendment (5) The right to occupy the primary premises shall terminate if the joint use parking facilities that are necessary and were approved cease to be available. 20.48.260 DRIVE-THROUGH STACKING REQUIREMENTS. Any land use containing drive-through services or drive-through service bays shall provide "stacking spaces" in accordance with the following: (a) Designed to accommodate vehicles awaiting service and prevent them from extending into a public right-of-way; (b) A minimum of four (4) stacking spaces shall be provided for each lane on the entrance side and one (1) space on the exit side; (c) Service bays and drive-through lanes shall not be designed to be entered from both sides; (d) Circulation and stacking areas shall not be counted toward the required off-street parking spaces; and ( e) Stacking requirements shall not apply to auto service facilities such as gas stations, service stations, and auto repair garages, unless found to be necessary to prevent extending into a public right-of-way. SECTION 3. Chapter 20.50 of the Bremerton Municipal Code entitled "Landscaping Standards" is hereby created to read as follows: CHAPTER 20.50 LANDSCAPING STANDARDS 20.50.010 INTENT. The intent of this chapter is to establish landscaping standards that contribute to a quality urban environment by connecting open spaces, maintaining native, drought resistant vegetation, replacing non-native and invasive species, increasing privacy for residential areas, providing visual relief of parking lots, providing habitat for fish and wildlife, retaining significant trees, and reducing erosion and storm water runoffwhile providing on-site filtration to protect groundwater resources from pollutants and flooding. 20.50.020 APPLICABILITY. All new development, including expansion of existing structures and/or uses, except single-family residential building permits on individual lots, shall be subject to the requirements of this chapter. 20.50.030 EXCEPTIONS. (a) Landscaping standards do not apply to residential developments of single-family units on individual lots, except that all undeveloped areas of the property shall be landscaped and continually maintained or retained in a natural undisturbed state; (b) The Director may waive or reduce any requirement( s) of this chapter under the following conditions: (1) The remodel of an existing building results in the expansion of floor area that is 10 percent or less of the existing floor area; 16 Zoning Code Amendment (2) An expansion of a use that results in no modifications (except normal maintenance and repair of the structure) to the outdoor area of the site; (3) The Director may reduce landscaping requirements in order to accommodate required off-street parking spaces. 20.50.040 GENERAL PROVISIONS. (a) Front Yards: All front yard setback areas shall be landscaped pursuant to the Performance Standards per section 20.50.050 of this chapter; (b) Street Trees: Street trees shall be planted along public and private streets, per Performance Standards in BMC 20.50.050(a) unless more stringently required by the underlying zone. Trees shall be located within the front yard setback area. As an alternative, the trees may be located within a public right-of-way if approved by the City and the property owner arranges the planting and maintenance of said street trees; (c) Residential Screening: When any non-residential development is proposed on a site that abuts the Low Density Residential (R-I0) zone, or when a three-or-more dwelling multi- family residential development is proposed on a site that abuts the Low Density Residential zone, landscaping and screening shall be included by the Performance Standards in BMC 25.50.050(b); (d) Areas Adjacent to Trails and Open Spaces: All developments adjacent to publicly used or desingated trails and open spaces in the Comprehensive Plan shall provide landscaping screening along the site facing the trail or open space per the Performance Standards outlined in BMC 20.50.050; (e) Undeveloped Areas: Undeveloped portions of property not devoted to landscaping shall be planted, groundcovered, or remain with existing vegetation, including significant trees as provided for in BMC 20.50.050( c) but excluding plants that can be classified as noxious weeds or as invasive sepcies; (f) Required Plants: New plant materials shall include native species or nonnative species that have adapted to the climatic conditions of the coastal region of the Puget Sound Region. The Department of Community Development maintains a list of approved plant materials recommended for use within areas in the City of Bremerton. Additional plants may be added to this list as deemed appropriate by the City. Performance standards for required plants are found in BMC 20.50.050(d); (g) Alternative Landscaping Plan: The requirements of this chapter may be modified to encourage better landscaping design as follows: (1) A request for approval of alternate landscaping shall be submitted and accompanied by a Landscape Plan as required above; (2) An alternative landscaping plan may be approved provided a finding by the City of public benefit and that the total area of landscaping shall be equal to or exceed that created by adherence to the standard landscaping and buffer requirements; (h) Guarantee: All landscaping shall be completed prior to the issuance of a certificate of occupancy (CO). Landscaping may not always be completely in place at the time a CO is sought from the City. In lieu of installing required landscaping, a performance assurance device may be provided prior to the issuance of a CO. The purpose of such a requirement is to ensure that a landscape plan is carried out when required by this chapter. The following conditions apply: 17 Zoning Code Amendment (1) A bond or other acceptable assurance device shall be in the amount of 125% of the estimated cost required to complete the approved landscaping, in order to guarantee its installation and the replacement of any plants that die within two (2) years of the posting of the bond; (2) If a performance assurance device is provided, landscaping shall be installed within the next planting season and no later than 1 year from the date of issuance of a CO. If the approved landscape plan is not carried out, the City shall use the performance assurance device to complete the landscaping; (3) A performance assurance device will be released two (2) years after it is posted if the landscaping vegetation is in a healthy growing condition; (i) Maintenance Required: All plant material shall be maintained as designed and approved. Maintenance standards and assurances must be provided in the landscape plan as described BMC 20.50.120. 20.50.050 PERFORMANCE STANDARDS. Required landscaping shall be provided in the following manner: (a) Street Trees: One tree for every twenty-five (25) linear feet of street frontage, and shall be spaced a maximum distance of thirty-five (35) feet on center, however, trees may be spaced irregularly in natural groupings rather than uniformly spaced except as noted elsewhere in this chapter; (b) Screening Requirements: (1) Landscaping (organic and inorganic) forming a year-round sight barrier a minimum of five (5) feet in height in a landscaped area at least ten (10) feet wide; or (2) A fence or wall, and/or berm, or combination, no less than five (5) feet high plus shrubs and trees in an area at least five (5) feet wide; (i) Landscaping forming a year-round sight barrier in an area at least ten (10) feet wide and a minimum of five (5) feet in height; or (ii) A fence or wall, and!or berm or combination, no less than five (5) feet high plus shrubs and trees a minimum of five (5) feet in height in an area at least five (5) feet wide; (c) Significant Trees: Existing healthy trees located within required landscape areas and undeveloped areas and which will not constitute a safety hazard shall be preserved follows: (1) Evergreen trees: Eight (8) inches in diameter or greater, measured four (4) feet above existing grade; and (2) Deciduous trees: Twelve (12) jnches in diameter or greater, measured four (4) feet above existing grade; (d) Planting Materials: Plants shall be selected based upon site-specific conditions which may affect plant growth such as sun exposure, soil types, shoreline conditions, adjacent site improvements, etc. New plant materials shall consist of drought resistant species, or other species that are irrigated per the provisions ofBMC 20.50. 120(d) of this chapter or located in high moisture content soils. Plant material selection shall be consistent with the list of approved plant materials recommended for use within areas in the City of Bremerton per section 20.50.040(f) of this chapter. Plant materials shall also be coordinated with utility company requirements to avoid conflicts; ( e) Deciduous Species Requirement: Landscaped areas and required screening shall consist of no more than fifty percent (50%) deciduous species. 18 Zoning Code Amendment (f) Areas Adjacent to Trails and Open Spaces: All developments adjacent to publicly used or desingated trails and open spaces in the Comprehensive Plan shall provide one tree per 50 linear feet of the property facing such trails and open spaces in addition to General Provisions 20.50.040(d); (g) Interruptions: Screening and buffering may be interrupted where necessary for access consistent with the general provisions of this chapter; (h) Safety: All fire hydrants are to be free offences, hedges, and other landscaping obstacles. Shrubs eighteen (18) inches in height and less must not be placed closer than five (5) feet to a hydrant, and shrubs or trees larger than eighteen (18) inches must not be planted closer than twenty (20) feet to a hydrant; (i) Freestanding Signs: An area around the base of each freestanding sign equal to the sign area must be landscaped to improve the overall appearance of the sign and to reduce the risk of automobiles hitting the sign or supports of the sign. This landscaping must include vegetation and may include other materials and components such as brick or concrete bases, planter boxes, pole covers, or decorative framing; G) Outdoor Storage: In addition to any other requirements, storage yards and garbage dumpsters 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 setbacks which may be required for building on street frontage. Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of-way; (k) Parking Lots: Parking lots shall comply with all of the landscaping requirements for non-residential uses. In addition the following standards shall apply: (1) Parking lot setback areas shall be landscaped with trees, shrubs, ground covers, turf grasses, or combinations thereof. Non-living materials shall not exceed twenty (20) percent of the landscaped area at maturity; (2) Parking lots shall have at least ten (20) square feet of interior landscaping for each parking space. Required peripheral trees and required landscaped setback areas shall not be included in the interior landscaping calculations; (3) Interior landscaping shall be dispersed as equally as possible throughout the parking lot; (4) Each separate landscaped area shall be a minimum of fifty (50) square feet and shall include at least one tree in combination with shrubs, ground cover or other landscaping materials; (5) Bioswales and permeable pedestrian accessways through parking lots, connecting landscaped areas, are encouraged and are included in the calculation of required landscaping square footage; (6) Lots larger than 30 spaces, are exempt from internal landscaping requirements if: (i) they have only a single aisle with parking spaces on one or both sides; (ii) they have at least a five-foot width oflandscaping across the frontage and along at least one other property line; and (iii) the lot has no internal parking islands or peninsulas; (7) Trees shall be provided along any property line abutting a residential zone at a minimum rate of one tree per each fifty (50) linear feet except along property lines abutting an alley or already occupied by a building or other structure; 19 Zoning Code Amendment r-------H- (8) If not necessary for visual buffering or if other trees are on or near the property line, trees may be irregularly spaced or grouped rather than uniformly spaced on the property line; (9) Whenever possible, mature healthy trees, as defined in BMC 20.50.040(e) already existing on the site shall be preserved. Credit may be given by the Director at the time of Site Plan Review for the preservation of such a tree in exchange for the loss of a parking space; (I) Clear Vision Triangle: A clear-vision area shall be maintained at the intersections of streets, alleys and commercial driveways, or combinations thereof as determined by the City Engineer with the following requirements: (1) A clear-vision area shall contain no plantings, fences, walls, other structures, or visual obstructions within a vertical area extending from three (3) feet to eight (8) feet above the ground, measured from the established centerline of the street, alley or driveway; (2) The foregoing provision shall not apply to: (i) A tree trimmed to the trunk within the 3-8 ft. clear area; (ii) Other plant species that are so planted and trimmed as to leave a clear and unobstructed cross-view in all seasons; (iii) A supporting member or appurtenance to a permanent building lawfully existing on the site. 20.50.120 LANDSCAPING PLAN SUBMITTAL. A landscape plan shall accompany all land use applications, including permits for clearing, grading, and building. (a) A landscape plan shall be drawn to scale and shall indicate: (1) Project name, owner's name, designer's name, north arrow, date and scale; (2) Existing property lines, easement, rights-of-way, utilities, setbacks, trees, fences, and other screening and structures; (3) Existing and proposed grades of at least five-foot intervals; (4) Proposed plantings, identified by common name, and caliper, size, and minimum height of specimens to be planted (see approved planting list below); (b) A landscape plan shall provide assurances for the following: (1) Landscape areas consisting of drought resistant vegetation will not require temporary or permanent irrigation systems; (2) Areas where existing site conditions assure adequate soil moisture for growth within the required landscape area shall have temporary irrigation systems only as required to sustain new plantings; (3) Except for areas of undisturbed existing vegetation, all landscape areas that do not have high soil moisture conditions shall have temporary or permanent irrigation systems. Temporary systems may be removed after 24 months or two growing seasons, whichever occurs first; provided, that the plantings are established; (4) Permanent irrigation systems located within required landscape areas should include the following features: (i) Moisture or precipitation sensors; and (ii) Automatic timers set for operation to assure adequate moisture levels; and (iii) Head-to-head spacing, if sprinkler heads are proposed; and (iv) Pressure regulating devices; and 20 Zoning Code Amendment r --- (v) Backflow prevention devices; and (vi) Separate irrigation zones for grass and planting beds; and (vii) Other provisions applicable to state and city codes; (5) Irrigation water shall be applied with demonstrated consideration for avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjaent property, nonirrigated areas, and impervious surfaces; (6) All landscaping shall be maintained in healthy growing condition for the life of the project; (7) All plant material shall be managed by pruning so that plant growth does not conflict with public utilities, restrict pedestrian or vehicular access, or create a traffic hazard. SECTION 4. Chapter 20.52 of the Bremerton Municipal Code entitled "Sign Requirements" is hereby created to read as follows: CHAPTER 20.52 SIGN REQUIREMENTS 20.52.010 INTENT. The intent of the Sign Requirements Chapter is to recognize the importance of signs in the community and establish regulations to protect the public from damage or injury caused by or attributable to distractions and obstructions caused by poorly designed or improperly located signs. These regulations are also intended, in part, to stabilize or enhance the overall appearance of the community, and to protect property values. This Chapter is intended to regulate the number, size, placement and physical characteristics of signs and sign structures. These regulations are not intended to, and do not restrict limit or control the content of any sign message. 20.52.020 APPLICABILITY. These regulations shall apply in all zoning districts and may be subject to additional requirements of certain districts, or to State regulations. In cases of conflict, the most stringent requirement shall prevail. 20.52.030 SIGN PERMIT. (a) Permit Required: No sign shall be placed, erected, or displayed without first obtaining a sign permit unless exempt under BMC 20.52.040. (b) Removal of Nonconforming Signs: A property containing a nonconforming sign shall not be allowed a new or additional sign on the property until the nonconforming sign is removed or brought into conformance with the requirements of this Chapter and the underlying zone. (c) Permit Application: An application for a sign permit shall include the following: (1) Signature ofthe property owner or their designated agent; (2) Site plan drawn to scale showing existing buildings, streets, free-standing and building signs, utility poles, and other structures within fifty (50) feet of the proposed sign; (3) Elevation drawings of the structural details of the proposed sign including dimensions, height, illumination methods and structure supports; and (4) Landscaping plan showing planting materials and patterns. 21 Zoning Code Amendment 20.52.040 EXEMPT SIGNS. The following signs are exempt from the provisions of this section, but may be subject to other provisions of the Zoning Code or Building Code: (a) Traffic signs, signals, and other traffic control devices erected by the City or other public authority. (b) Public notices pertaining to public health or safety issues, or for notification of legal or legislative action erected by the City or other public authority, of a temporary nature. (c) Permanent plaques, cornerstones, nameplates, and other building identification marking attached to or carved into the building materials and which are integral parts of the structure. (d) Signs within buildings provided they do not include moving, flashing or animated signs that are visible from any private or public roadway, or from adjacent properties. ( e) Legal nonconforming signs. (f) Incidental signs intended for public information or convenience and which consist of no more than ten (10) square feet for a combination of such signs. These may include restroom signs, hours of operation signs, address numbers, help wanted, credit card signs, and similar. (g) The American Flag, State of Washington flag, and other political or special purpose flags, that are not intended to contribute to a commercial advertising display. (h) Wall graphics of an artistic nature and that do not conform to the definition of "sign" . (i) Public Information / Identification approved through a Conditional Use permit process pursuant to BMC 20.58.020. G) Real estate signs for sale of single- family dwelling units. (k) Temporary construction and on-site real estate development marketing signs provided they are removed prior to occupancy approval of the building. (1) Political signs meeting the provisions in BMC 20.52.090. 20.52.050 PROHIBITED SIGNS. The following signs are prohibited within the city limits ofBremerton and shall be subject to removal through amortization or other means: (a) Strobe lights or any other flashing, moving or animated features that is visible beyond any property line. Readerboard or message center signs that change copy no more frequently than two (2) second intervals, and time/temperature signs are exempt from this prOVISIOn. (b) Pole Signs in all zones except the Freeway Corridor (FC) Zone and the Industrial (I) Zone. (c) Private signs placed within a public right-of-way; except a Projecting Sign, which projects into the right-of-way, may be permitted if a clearance of at least eight (8) feet is maintained between the sidewalk and the bottom of the sign. (d) Any sign that is determined by the City Engineer to be a hazard to public safety due to its design, materials, physical condition, or placement. ( e) Signs painted, attached to, or otherwise supported by rock formations, utility poles, trees or other plant materials; 22 Zoning Code Amendment (f) Bench signs, when installed within the public right-of-way. When on private property, the size of a bench sign will be counted toward the total allowable sign area. (g) Portable signs within the public right-of-way except sandwich board signs per BMC 20.52.140; (h) Off-premises signs; (i) Billboards (j) Product signs 20.52.060 SIGN MEASUREMENTS. (a) The area of sign faces shall be measured as the area bounded by any 6 straight lines intersecting at right angles, and shall include any surrounding frames or cabinet edges. (b) Sign area does not include supports, foundations or structures that are not part of the sign. (c) Only one side ofa double-faced sign is counted in the sign's total area. (d) Multiple copy signs or shopping center signs consisting of several individual signs on the same support structures are calculated as the total of all individual sign components. ( e) A round or cylindrical sign is calculated as the maximum area that can be seen at one time from one position, or fifty (50) percent ofthe total area, whichever is greater; (f) The height of a sign is measured from grade as defined, to the highest point ofthe sign or its structure, whichever is higher. (g) Sign clearances are measured from grade directly below the sign to the bottom of the sign or sign frame. (h) Street corner signs (at an intersection) shall be assigned to one of the frontages by the applicant and shall conform to the requirements of that frontage only; (i) Portable signs shall be calculated as part of the total free-standing sign area available to the site. 20.52.070 SIGN PLACEMENT REQUIREMENTS. (a) All signs, including supporting structures, shall be erected or placed totally within the boundaries of the site and not within any public right-of-way, except for the following: (1) Public authority and other traffic related signs; (2) Temporary banner signs advertising a public event, which meet City approval; (3) Approved signs overhanging public walkways; and (4) Approved sandwich board signs per BMC 20.50.060. (b) A vision clearance setback shall be maintained of at least fifteen (15) feet from the edge of all private and public roadways, alleys and driveway intersections. (c) A vision clearance setback shall be maintained of at least ten (10) feet from the edge of existing or planned roadways. Signs may be allowed within the clear vision setback if: (1) (2) (3) (4) The posts and support structure have a diameter no greater than twelve (12) inches within this area. A Pole Sign is allowed by the zone; The top of the sign is three (3) feet or less above the grade, or The bottom of the sign is eight (8) feet or greater above the grade. 23 Zoning Code Amendment (d) A pedestrian clearance is required for any proj ecting sign (8) feet above grade or sidewalk as measured to the bottom of the sign. (e) A projecting sign may extend over a public right-of-way or public pedestrian walkway up to six (6) feet past the property line, but in no case shall the sign extend over a street or other area used by motor vehicles. (f) The setbacks for freestanding signs may be reduced to zero provided the sign complies with the vision clearance requirements. (g) Free-standing signs shall not extend beyond property lines. 20.52.080 TEMPORARY SIGNS. All temporary signs are subject to the placement, size, and height requirements of this Chapter, the requirements set forth in the underlying zone. Additionally, the following requirements shall apply: (a) The sign area of individual temporary signs shall not exceed thirty-two (32) square feet; except a banner may be permitted with a sign area of up to one-hundred (100) square feet. (b) The maximum height of a temporary sign is six (6) feet, except a banner may be allowed a maximum height of twenty (20) feet. (c) Signs may be displayed for a period not to exceed sixty (60) days. Any time a temporary sign is removed by a business, it shall not be replaced by the same or other temporary sign for a period of not less than ninety (90) consecutive days. (d) Temporary signs meeting the following standards are exempt from the requirements ofBMC 20.52.030, and 20.52.090 through 20.52.140: (1) The sign is displayed for a period of seven (7) days or less; (2) The area of the sign is twenty-four (24) square feet or less; and (3) The height of the sign is six (6) feet or less. (e) Temporary signs shall not be permanently attached to the ground, a building, or to any other structure, other than what is necessary to secure it to prevent theft, wind damage or safety problems. (f) Advertising wind signs or devices that flutter, wave, sparkle, or otherwise move from the pressure of the wind are permitted for specific promotions or events and shall not be permanently displayed. 20.52.085 POLITICAL SIGNS. Political signs identify candidates or issues in upcoming elections and! or they may express noncommercial speech such as religious, political, social, or other philosophical messages. The content of such signs are not regulated, but are subject to the following requirements: (a) (b) (c) Political signs advertising a candidate or issue in an upcoming election shall be removed within fourteen (14) days after the general election. (d) Political signs that do not comply with the requirements of this Section shall be subject to the permit requirements, sign area, setback and other provisions ofthis Chapter. The sign area of political signs shall not exceed thirty-two (32) square feet. The maximum height of a political sign shall be six (6) feet. 24 Zoning Code Amendment 20.52.090 GENERAL SIGN REGULATIONS. The following regulations apply to signs in all zone districts. (a) Vision Clearance. Signs shall conform to the clearance requirements ofBMC 20.52.060. (b) Extension Above Rooftop. No sign that is attached to a building shall extend above the highest point of the roof. (c) Window Signs. Signs placed on the inside of windows and directed toward the outside of a building shall be included in the total sign area calculations. (d) Canopies and Awnings. Signs placed on projecting canopies and awnings, whether lighted or not, shall be calculated only for the area of the canopy or awning taken up by the sign itself. ( e) Landscaping. All freestanding signs shall have a landscaped island at the base of the sign equal to, or greater than the sign area. 20.52.100 COMMERCIAL DISTRICTS SIGN REGULATIONS. The following standards shall apply to signs placed on property zoned commercial. (a) Freestanding Signs: (1) Sign Area: Freestanding signs may have an aggregated area that shall not to exceed one (1) square foot of area per each lineal foot of street frontage subject to the following: (i) Narrow Parcel: Any parcel having less than fifty (50) lineal feet of street frontage may have one (1) freestanding sign not to exceed fifty (50) square feet. (ii) Wide Parcel: Any parcel having more than fifty (50) lineal feet of street frontage may have multiple freestanding signs provided no single freestanding sign exceeds an area of one-hundred (100) square feet. (2) Spacing: Freestanding signs located on the same parcel or site shall have a separation of at least fifty (50) feet. Additionally, a twenty-five (25) foot setback is required from adjacent property lines, except this may be modified by the Director where such factors as the width of the lot or the driveway access makes compliance impossible. (3) Maximum Height & Design: Freestanding signs shall comply with the height and design requirements set forth in Figure 20.52(A). (b) Building Signs: (1) Commercial Uses: The building sign standards shall be in accordance with the following: (i) Sign Area: Signs attached to a building may have an aggregated area that shall not exceed two (2) square feet for each one (1) lineal foot of building fayade width. (ii) Maximum Sign Size: Attached individually building signs shall not exceed one-hundred (100) square feet in area, except it may exceed the maximum ifthe total sign area is less than ten (10) percent of the total building fayade area. (2) Industrial Uses: The building sign standards for industrial uses and other uses not engaged in the sale of goods or services to the public shall be in accordance with the following: (i) Sign Area: The maximum aggregated area for all building signs attached to a single building shall be one-hundred (100) square feet. 25 Zoning Code Amendment (3) Number of Signs: There is no limit to the number of individual building signs provided the maximum aggregated sign area is maintained. (4) Illumination: Signs may be illuminated directly, indirectly, or internally, provided the lighting is directed away from any residences or other light-sensitive land uses, and away from on-coming traffic. (c) Shopping Center or Professional Complex: A shopping center, professional office complex, or similar large multiple occupancy development may have an identification sign to a maximum size of three-hundred (300) square feet, placed along one or more street frontages that are longer than three-hundred (300) feet each, provided the sign is no closer than one-hundred (100) feet from an adjacent property on the same side of the street and no other free-standing signs larger than fifty (50) square feet are placed on the property. 20.52.110 AUTO DEALERSHIP SIGN REGULATIONS. This Section applies within the Freeway Commercial zone designation. (a) No provisions under this Section shall be interpreted to preclude other provisions of this Chapter that are applicable to a given property or proposal. (b) In addition to the other standards prescribed in this Chapter, a dealership group may erect one (1) Automobile Dealership District Sign subject to the following requirements: (1) A dealership group is two (2) or more franchises under common ownership; (2) The Automobile Dealership District Sign shall be limited to identifying the dealership group and the brands of vehicles sold in the group; (3) The total area of the sign shall not exceed fifty (50) square feet for each dealer franchise in the group (example: a dealership group with two dealer franchises would be allowed an Automobile Dealership District Sign of up to one-hundred (100) square feet); (4) The maximum total sign area in no case shall exceed one-hundred fifty (150) square feet if the sign is a pole sign, or two-hundred (200) square feet ifit is a monument SIgn; (5) The square footage ofthe sign shall be deducted from the total aggregated signage allotted to the parcel on which the sign is placed; (6) The sign shall front on a City arterial street; (7) A master signage plan is required to be submitted prior to issuance of the sign permit showing the location and area of all signage of all the dealerships within the dealership group. 20.52.120 RESIDENTIAL DISTRICT SIGN REGULATIONS. The following regulations apply to properties zoned residential. (a) Free-Standing Signs: (1) Entrance Signs: One (1) freestanding sign may be permitted at each street entrance to a neighborhood, subdivision, manufactured park, apartment/condominium complex, or other homogeneous residential area provided: (i) The sign specifically identifies the development only; (ii) The sign area is fifty (50) square feet or less. (2) Multiple Family Developments: A residential development having four (4) or more dwelling units may have one (1) permanent freestanding sign per street frontage provided the total sign area does not exceed four (4) square feet. 26 Zoning Code Amendment (3) Individual Properties: Each residential property may have one (1) freestanding permanent sign that shall not exceed four (4) square feet in sign area; (4) Height: Freestanding signs shall have a maximum height of six (6) feet as measured from grade directly below the sign to the highest point on the sign or its support structure. (b) Building Signs. (1) The freestanding sign limitation prescribed in BMC 20.52.120 (a)(I) through (3) may be applied to building signs in lieu of freestanding signs. (c) Resident name plaques and address numbers shall not be included in total sign area calculations, but shall be limited to a size that is in character with the architecture of the building and with other such signs in the immediate neighborhood. (d) Advertising wind signs or devices that flutter, wave, revolve, or sparkle, or are otherwise moved by the wind are prohibited. 20.52.130 SPECIAL PURPOSE SIGN REGULATIONS. Special Purpose signs shall comply with the requirements for the commercial zone as prescribed in BMC 20.52.100. In addition, the following shall apply: requirements: (a) Freestanding Signs: (1) Sign Area: The maximum area of a freestanding sign shall be limited to fifty (50) square feet. (2) Number of Signs: Only one (1) freestanding sign allowed per each street frontage. (3) Height: The height of a freestanding sign shall not exceed six (6) feet. (b) Building Signs: (1) Sign Area: The aggregate area of all building signs, projecting signs, and other signs attached to buildings shall not exceed one-hundred (100) square feet. (2) Number of Signs: There is no limit to the number of individual building signs provided the maximum aggregated sign area is maintained (c) Illumination: When located within a Low Density Residential zone, the sign shall not be illuminated between the hours of 10:00 PM and 7:00 AM. 20.52.140 DOWNTOWN AND CENTERS SIGN REGULATIONS. The following standards shall apply to signs in the Downtown zones: Downtown Core (DC), Downtown Waterfront (DW), Business Core (BC), and in the Center zones: Neighborhood Center Core (NCC), District Center Core (DCC), and Employment Center (EC). (a) Free-Standing Signs. (1) Sign Area: The requirements prescribed in BMC 20.52.100(a)(1) shall apply, except wide parcels shall be limited to only one (1) freestanding sign not to exceed one- hundred (100) square feet. (2) Spacing. Freestanding signs shall be no closer than twenty-five (25) feet from adjacent properties, except this may be modified by the Director where such factors as the width of the lot or the driveway access makes compliance impossible (3) Maximum Height and Design: Freestanding signs shall comply with the height and design requirements set forth in Figure 20.52(A). (b) Building Signs: The requirements prescribed in BMC 20.52.1 OO(b) shall apply. 27 Zoning Code Amendment (c) Moving, flashing, or animated signs are prohibited in downtown and centers zones. 20.52.150 VARIATIONS TO SIGN REGULATIONS. (a) The Director shall have the authority to grant administrative approval for minor adjustments to sign heights, numbers of signs, sign placement, and sign size, provided: (1) The adjustments do not exceed ten (10) percent of the basic requirement, and; (2) The adjustment is based on a hardship or problem with the site, existing building placements, or poor site visibility, and not based on economic factors or personal design preference. (b) A request for adjustments beyond ten (10) percent shall be processed as a Variance pursuant to BMC 20.58.030. 20.52.160 DOWNTOWN ZONE SANDWICH BOARD SIGNS. Sandwich board signs located with the Downtown and Centers zones may be placed on sidewalks or portions ofthe pedestrian public right-of-way subject to the following conditions: (a) A minimum four (4) feet of unobstructed sidewalk or pedestrian path must be maintained. A sandwich board sign shall not be allowed on sidewalks with less than four (4) feet in width. (b) Sandwich board signs may not be placed in the driving lanes of a public street or in parking stalls on the public right-of-way; (c) One (1) sandwich board is allowed for any licensed business. The sign must be displayed immediately adjacent to the main entrance of the business employing the sign. (d) Sandwich board signs shall not exceed thirty-two (32) inches in width or thirty-six (36) inches in height as displayed. ( e) Sandwich board signs shall be professionally lettered, neatly painted or assembled, and remain in good repair. (f) Sandwich board signs shall be constructed to avoid being blown from ~heir intended location and to avoid tipping or falling. (g) Sandwich board signs shall not be internally lit, not have moving parts, nor shall any attachment or portion ofthe sign extend beyond the thirty-two (32) by thirty-six (36) inch maximum dimensions established in Subsection (d) ofthis Section. (h) Sandwich board signs shall be displayed during daylight hours only and shall be removed by the business owner immediately after dusk each day. (i) Any site landscaping required by the City shall not be altered to accommodate a sandwich board sign. (j) Sandwich Board Signs shall not block intersection or otherwise constitute a public safety hazard. (k) Placement of sandwich board signs on the public right-of-way in violation of this section will result in immediate removal of the sign from the public right-of-way by City personnel. 28 Zoning Code Amendment 20.52.170 SANDWICH BOARD AND PORTABLE SIGNS ALL ZONES. Sandwich board signs and portable signs not located within a Downtown or Center zone are allowed in other non-residential zones subject to the following Conditions: (a) Sandwich board and portable signs must comply with the requirement set forth in BMC 20.52.160(b) through (k). (b) Sandwich board signs may be located within a public right-of-way provided the sign is no more than twelve (12) inches from the face of the structure; (c) Sandwich board signs not located within the public right-of-way shall be no more than twelve (12) inches from the face ofthe structure. (d) Portable signs shall not be located within a public right-of-way and shall be located within five (5) feet ofthe principal commercial structure that the sign is associated. 20.52.180 NONCONFORMING SIGNS. (a) Applicability. This section applies to the maintenance, repair amortization, as appropriate, and removal of nonconforming signs. (b) Definitions (1) "Effective date of this section" means the effective date of the ordinance adopting this section, July 25, 2003. (2) "Nonconforming sign" means any sign as defined in subsection # ofthis section. (3) "Section" means Section 20.90.180 of this code unless otherwise defined. (c) Eligibility. Any nonconforming sign located within the City limits on the effective date of this section, or located in areas annexed to the City thereafter that does not conform to the provision of this section, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: (1) A permit for the sign was obtained prior to the effective date of this section, if one was required under applicable law; or (2) If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the effective date of this section. (d) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (e) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (f) Legal Nonconforming Sign Permit. (1) Required. A legal nonconforming sign permit is required for each legal nonconforming sign. The permit shall be obtained by the sign user or the sign owner, or the owner ofthe property upon which the sign is located, within sixty (60) days of notification by the City that the sign is legal nonconforming. The permit shall be issued at no fee and shall expire at the end of the applicable amortization period prescribed in Subsection (g) of this section. (2) Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign owner, or the owner of the property upon which the sign is located, and such other pertinent information as the Director may require ensuring compliance with the code, including proof of the date of installation of the sign. (3) Failure to comply. A legal non conforming sign for which no permit has been issued within the sixty (60) day period shall within 6 months be brought into compliance 29 Zoning Code Amendment with the code or be removed. Failure to comply shall subject the sign user, owner and!or owner of the property on which the sign is located to the remedies and penalties ofBMC 20.40.140. (g) Amortization. (1) In order to ease the economic impact of this code on businesses or persons with substantial investment in signs in existence on the effective date of this section, this section provides for up to five (5) or ten (10) years, as applicable, of the continued use of the nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this time period and/or may be amortized for Federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (2) All legal nonconforming signs shall be discontinued and removed or made conforming within ten (10) years from the effective date of this section for billboard signs and within 5 years from the effective date ofthis section for off-premises signs (the "amortization period"). Additionally, all signs which are made nonconforming by a subsequent amendment to the Zoning Code, Chapter 20.52 BMC, or by subsequent action or activity such as government acquisition of property for right-of-way pursuant to BMC 10.52.160, shall be discontinued, removed, or made conforming within the applicable amortization period after the date of such amendment, action or activity. Upon the expiration of the amortization period, the sign shall be brought into conformance with this section through the issuance of a sign permit. A sign prohibited pursuant to BMC 20.52.040 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. Amortization is the sole method of compensation for removal of signs pursuant to this section. (3) Permitting, Removal and Amortization Exemption. The permitting, removal and amortization provision of subsections (f) and (g) of this section do not apply to any sign which would require the City to pay compensation for its removal under any Federal, State or other law, including Chapter 47.42 RCW, the Highway Advertising Control Act - Scenic Vistas Act. (4) Loss of Legal Nonconforming Sign Status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions ofthis chapter, and a new permit secured therefore, and such nonconforming sign shall immediately lose its legal nonconforming designation when 1 or more of the following events occur: (i) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal non conforming sign is associated. (ii) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12 month period to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds twenty-five (25) percent of the assessed value of that structure based on the building permit valuation tables. (iii) Abandonment or business cessation. The subject property containing the sign is abandoned for ninety (90) or more consecutive days or the activity conducted on the subject property ceases for one-hundred eighty (180) consecutive days. (iv) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normalmaintenance. Prohibited sign alterations include enlarging the sign face, relocating the sign or 30 Zoning Code Amendment r- replacing the sign. However, replacing any individual tenant's identification sign in either an identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (v) Change in use. There has been a change in use on the subject property as that term is defined in this chapter. (vi) Change in tenant. There has been a change in business or change in single occupancy tenant on the subject property. In connection with any multi-use or multi-tenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this code, shall apply only to the individual owner's or tenant's building-mounted or free-standing signs that have triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. 20.52.190 GOVERNMENT ACQUISITION OF PROPERTY FOR RIGHT-OF- WAY. (a) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, State, or Federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of this section. (b) The City may allow by a Type II permit as prescribed in Chapter 20.02 BMC the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: (1) The enforcement of this code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, State, or Federal government acquisition of property for right-of-way expansion and not by any action of the applicant: (2) The sign is not prohibited by BMC 20.52.040 and, except for location within a required setback, complies with all other requirements of this section: (3) The sign complies with the City's minimum sight distance at intersection requirements pursuant to BMC 20.52.060. (4) Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. 20.52.200 REMOVAL OF SIGNS. The sign user, owner and/or owner ofthe property on which an abandoned, dangerous, defective, illegal, or prohibited sign is located shall remove or cause to be removed any such sign as required in this Section. Failure to comply shall subject the sign user, owner and!or owner of the property on which the sign located to the remedies and penalties ofBMC 20.40.140. 31 Zoning Code Amendment Figure 20.52(A) Free-Standing Signs Zone Specific Size and Design Requirements Commercial Zones Commercial Corridor (CC) Wheaton Way Redev. Corr. (WWRC) Neighborhood Business (NB) Limited Commercial (LC) Freeway Corridor (FC) Marine Industrial (MI) Industrial Park (IP) Industrial (I) Freestanding Max. Si~n Type Height Monument only 8' Monument only 8' Monument only 6' No pole signs 25' Any 35' Monument only 8' Monument only 8' Any 25' Freestanding Max. Downtown & Centers Zones Sign Type Height Max. Size Neighborhood Center Core (NCC) Monument only 8' 60 sq. ft. District Center Core (DCC) Monument only 8' 60 sq. ft. Downtown Core (DC) Monument only 8' 60 sq. ft. Downtown Waterfront (DW) Monument only 8' 60 sq. ft. Business Core (BC) Monument only 8' 60 sq. ft. Employment Center (EC) Monument only 8' 60 sq. ft. 1. Maximum size is for individual freestanding signs. Total allowable freestanding sign area is based on linear street frontage per BMC 20.52.010 and 20.52.140. More than one freestanding sign may be allowable. 2. Larger signs for shopping centers or professional office complexes are allowable per BMC 20.52.1 OO( c). 3. Larger signs for auto dealership groups are allowable per BMC 20.52.110. Max. Size12 60 sq. ft. 60 sq, ft. 48 sq. ft. 100 sq. ft. 100 sq. te 100 sq. ft. 100 sq. ft. SECTION 5. Chapter 20.54 of the Bremerton Municipal Code entitled "Nonconforming Provisions" is hereby created to read as follows: Chapter 20.54 NONCONFORMING PROVISIONS 20.54.010 INTENT. (a) Within the zones established by Title 20 and amendments thereto, there exist lots, structures, uses of land and structures, which were lawful at the time of their establishment, but are prohibited, regulated, or restricted under the existing zone requirements. These nonconformities are declared incompatible with the zone because they do not conform to the requirements of the zone in which they are located. (b) To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans, construction or designated use of any building or site legally established. The intent of this Chapter is to set forth the conditions under which these nonconformities may continue to exist until such time they are discontinued as prescribed by law. 32 Zoning Code Amendment 20.54.020 ESTABLISHMENT OF A LEGAL NONCONFORMITY AND APPLICABILITY. (a) A party asserting the existence of a lawfully established nonconforming lot, use or structure has the burden of proof that the lot, use or structure was not substandard in meeting the requirements of the zone, which were in effect, at its creation. (b) The rules of this Chapter are applied by first reviewing which provisions are applicable to the nonconformity. (Does the nonconformity involve a lot, use, structure or a combination?) When a combination of nonconforming lot, structure or use exists, each segment of the nonconformity is reviewed independent ofthe others. Example: a legally established single-family dwelling not allowed in the zone and not meeting setback requirements would be allowed to rebuild from substantial destruction (BMC 20.54.060(e)(2)), but the new structure would have to comply with the current setback requirements (BMC 20.54.070(c)). 20.54.030 ANNEXATION. Lots, structures, uses ofland and structures that were legally in existence prior to annexation to the City, but that do not conform to the requirements of the zone in which they are located following the date of annexation, shall become a legal nonconformity subject to the requirements of this Chapter. 20.54.040 Definitions The following definitions are applicable to this Chapter: (a) Nonconforming Lots: A lot that does not meet the lot area, width or street frontage requirements ofthe zone in which it is located, but was lawfully created prior to the effective date ofthe zone or subsequent amendments thereto. (b) Nonconforming Use: Any activity, development or condition that by the zone in which it is located is not permitted outright or as an accessory use, or is not permitted by a Conditional Use Permit or other special permitting process; but was lawfully created prior to the effective date of the zone or subsequent amendments thereto and was continually maintained as defined in this Chapter. A nonconforming use mayor may not involve buildings or structures and may involve part of or all of a building or property. (c) Nonconforming Structure: A building or structure that does not comply with the required setbacks, height, lot coverage and other development requirements of the zone in which it is located, but was lawfully constructed prior to the effective date of the zone or subsequent amendments thereto and was continually maintained as defined in this Chapter. This term does not apply to any substandard condition that was legally granted a variance. (d) Substantial Destruction: For the purpose of this Chapter, substantial destruction means the repair or replacement of a building or structure, which exceeds seventy-five (75) percent of the replacement cost of the entire building, excluding the foundations. The replacement cost shall be derived from the market value of the structure or the value as defined by the City's building code, whichever is greater. 20.54.050 NONCONFORMING LOTS. The following provisions shall apply to all lots meeting the definition in BMC 20.54.040(a): 33 Zoning Code Amendment (a) Continuation and Development: A nonconforming lot may be developed for any use allowed by the zone provided the development meets, through design or by an approved variance, the requirements of the zone in which it is located. (b) Illegal Lot Modifications or Split: The following is applicable to all lots: (1) No lot may be modified, divided or adjusted in a manner that would violate the dimensional or area requirements of the zone in which it is located. (2) A government agency may lawfully modify a lot in a manner that would result in nonconformity, if portions of a lot are acquired for a public use or purpose, or is allowed otherwise by law. 20.54.060 NONCONFORMING USES. The following provisions shall apply to all uses meeting the definition in BMC 20.54.040(b ): (a) Continuation: Any legally established nonconforming use may be continued until such time that it is discontinued as prescribed in BMC 20.54.060(d) or (e). (b) Change of Use: A structure or property containing a nonconforming use may be changed to the following: (1) A use that conforms to the requirements of the zone; or (2) Another nonconforming use provided that: (i) A Conditional Use Permit is approved pursuant to BMC 20.58.020; (ii) The existing nonconforming use was not discontinued as prescribed in BMC 20.54.060(d) or (e); (iii) The new use is clearly a reduction in the nonconformity and intensity of the existing nonconforming use; and (iv) The applicant demonstrates that there is a demand for the use in the neighborhood that provides a public benefit. (c) Expansion: A nonconforming use may not be expanded or enlarged, except under one of following circumstances: (1) Alterations are permitted provided it is within the existing physical space of the building or use. (2) Residential dwellings may have the building area expanded if the number of dwelling units is not increased above or below the requirements of the zone in which it is located, there is no decrease in the number of off-street parking spaces below the minimum requirements and the addition complies with all zoning requirements. (3) The acquisition of additional accessory off-street parking is not an expansion of a nonconforming use. (d) Discontinuation: A nonconforming use that is discontinued shall have its legal nonconforming status terminated and any subsequent use of the property or building shall be that of a use that conforms to the requirements of the zone. A nonconforming use is determined to be discontinued if any of the following circumstances apply: (1) The nonconforming use is changed to a conforming use; (2) Another nonconforming use is approved pursuant to BMC 20.54.060(b)(2); or (3) The nonconforming use has ceased for a period of more than one (1) year. 34 Zoning Code Amendment ( e) Damage or Destruction: If a structure containing a nonconforming use experiences substantial destruction, it shall constitute a discontinuation of the nonconforming use, except the nonconforming use may be allowed to continue under any of the following circumstances: (1) The structure has suffered substantial destruction as a result of fire or other casualty not intentionally caused by the owner or tenant and a complete building permit application is filed within one (1) year of such fire or other casualty. (2) The use is a detached or attached single-family dwelling located anywhere in the City. (3) A Conditional Use Permit was approved pursuant to BMC 20.54.090. (f) Repair and Maintenance: A building or structure containing a nonconforming use may be repaired and maintained if the work does not restore it from substantial destruction. 20.54.070 NONCONFORMING STRUCTURES. The following provisions shall apply to all structures and buildings meeting the definition in BMC 20.54.040(c): (a) Continuation: Any legally established nonconforming structure may be continued until such time that it is discontinued as prescribed in BMC 20.54.070( c). (b) Expansion: A nonconforming structure may be enlarged, extended or structurally altered provided the enlargement or alteration complies with the setback, height, lot coverage, and other site development requirements of the zone in which the structure is located. (c) Damage or Destruction: A nonconforming structure experiencing substantial destruction shall be considered discontinued and have its nonconforming status terminated. Any subsequent repair or reconstruction of the structure shall comply with the requirements of the zone. (d) Partial Damage or Destruction: A nonconforming structure suffering from less than substantial destruction may have its nonconforming status suspended for a time period determined by the Director and be considered conforming for the purpose of improvements and repair, if : (1) The structure is damaged by fire or other casualty not intentionally caused by the owner or tenant and a complete building permit application is filed within one (1) year of such fire or other casualty; or (2) A building permit application is submitted prior to partial destruction. The building permit must remain active and if it is allowed to expire, the legal nonconforming status shall terminate and subsequent repairs and improvements shall comply with the requirements of the zone. (3) In no case shall the nonconformity be allowed to expand. (e) Repair and Maintenance: Normal repair and maintenance work on a nonconforming structure may be performed that maintains continued safe and sanitary conditions. 20.54.080 NONCONFORMING LANDSCAPING. Uses which were lawfully established which do not conform to landscaping requirements need not provide additional landscaping, except: (a) Expansion of a Structure: If an existing structure or use is expanded, additional landscaping shall be provided in accordance with the requirements of Chapter 20.50 BMC. The 35 Zoning Code Amendment amount of additional landscaping shall be computed only to the extent of the expansion regardless of whether existing landscaping complies with the requirements. (b) Change of Use: A change to a use that requires greater amounts oflandscaping than the former use shall provide landscaping in accordance with the requirements of Chapter 20.50 BMC. The Director may modify the amount of landscaping required, if providing the required landscaping would result in a reduction of the parking below the minimum required by Chapter 20.58 BMC. (c) Parking Lot: When an existing unpaved parking area is paved, it shall be landscaped in accordance with the requirements of Chapter 20.50 BMC. The Director may modify the amount of landscaping required, if the landscaping would result in a reduction of the parking below the minimum required by Chapter 20.58 BMC. 20.54.090 CONDITIONAL NONCONFORMING USES. (a) Unsuitable Structures for Uses: An existing structure constructed for a use no longer allowed by the zone, which has lost its legal nonconforming status, and is not suited for other uses permitted by the zone, may have its use re-established if a Conditional Use Permit is approved pursuant to BMC 20. 20.58.020, provided that: (1) The applicant demonstrates that the remaining life of the structure is adequate to warrant the proposed use of the structure; (2) The applicant demonstrates that an allowed use of the zone cannot be established; (3) The applicant demonstrates that there is a demand for the use in the community or region that provides a public benefit; and (4) The applicant demonstrates that the use and renovation to the structure is not inconsistent with the goals and policies of the Comprehensive Plan. 20.54.100 NONCONFORMING SIGNS. Refer to BMC 20.52 for regulations pertaining to nonconforming signs. 20.54.120 UNLAWFUL USES AND STRUCTURES. (a) Nothing in this Chapter shall be interpreted to be authorization for, or approval of, the continuation of the use of a structure that is in violation of any ordinance in effect at the time of the passage of this chapter. The intermittent, temporary, or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use and! or structure. (b) Any use, structure or lot which did not comply with the zoning code requirements at the time it was established or constructed and does not comply with the current zoning code is illegal and shall be brought into compliance with the provisions ofBMC Title 20, Section III. SECTION 6. Chapter 20.58 of the Bremerton Municipal Code entitled" Land Use Permits" is hereby created to read as follows: 36 Zoning Code Amendment Chapter 20.58 LAND USE PERMITS 20.58.010 GENERAL. (a) Applicability: This Chapter contains the provisions and approval criteria for land use permits applicable to Title 20. The provisions of this Chapter are applied in conjunction with Chapter 20.02 BMC (Project Permits) in establishing the appropriate review procedures and criteria by which land use permits are reviewed and a decision rendered. (b) Fees: The corresponding application fees prescribed in the fee schedules set forth in Chapter 3.01 BMC, shall accompany applications. 20.58.020 CONDITIONAL USE PERMITS. (a) Authority: Uses listed as a conditional use may be permitted if a Conditional Use Permit (CUP) is approved. (b) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a CUP. (c) Procedure: A CUP application may be processed as an Administrative Type II Director Decision or as a Non-administrative Type III Hearing Examiner Decision pursuant to the provisions set forth in Chapter 20.02 BMC. (1) The Director may require a Non-administrative CUP whenever the use has a significant impact beyond the immediate site, is of a neighborhood or community-wide interest, or is of a controversial nature. (2) The Director may convert a Type II Administrative CUP to a Type III Non-administrative CUP any time prior to the issuance of a decision on the application. (3) In addition to the notification requirements prescribed in BMC 20.02.100, the Notice of Application shall be mailed to all property owners within three-hundred (300) feet of the property. (d) Criteria for Approval: The City shall approve a CUP only if it is found that: (1) The use is consistent with the Comprehensive Plan goals and policies; (2) The use complies with all applicable zoning and development standards and requirements; (3) The use satisfies all of the conditional use approval criteria specified in the zone in which the use is located; (4) The design of the proposal and conditions of approval has mitigated all identifiable adverse impacts; (5) The use is compatible with nearby land uses and the surrounding neighborhood in terms of the level of light and glare, noise and parking demand, hours of operation and air quality; and (6) Stipulations are made for the availability of adequate water, sewer, storm water, utilities and urban governmental services. ( e) Conditions of Approval: Conditions such as site orientation, fencing, buffering, parking location, lighting, access, hours of operation, and others may be imposed as a conditional of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses. (f) Lapse of Approval: If the CUP is not acted on within one (1) year from the date the decision became final, it shall expire. Expiration is automatic and notice is not required. The 37 Zoning Code Amendment I" ------ Director may grant a single six (6)-month extension if the applicant makes such a request in writing prior to the expiration date and can show good cause for granting the extension. 20.58.030 VARIANCE. (a) Authority: The Variance is a mechanism that allows the provisions of Title 20 to be varied on a case-by-case basis. Approval of a Variance may only be granted when it is for relief from a dimensional standard when the requirement of such would result in an unusual or umeasonable hardship due to physical characteristics of the site, or due to existing improvements on or adjacent to the site. (b) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a Variance. (c) Procedures: A Variance application is processed as a Type III Hearing Examiner Decision pursuant to the provisions set forth in Chapter 20.02 BMC. If the variation would not exceed ten (10) percent of the required dimensional standard from which relief is being sought, the Director may approve the Variance as a Type II Director Decision. (d) Criteria for Approval: The City may grant a Variance only if it is found that: (1) The variance will not be materially detrimental to the surrounding neighborhood and avoids adverse impacts on other properties and residences; (2) The variance is necessary to overcome exceptional or extraordinary hardship circumstances related to the size, shape, topography, location, or surroundings of the subject property, or the location of a preexisting legal nonconformity that may exist on or adjacent to the site; (3) The variance will not grant relief for a self-created hardship, or for a personal or financial hardship or inconvenience; (4) The variance will only grant the subject property the same general rights enjoyed by other properties in the same area and zoned as the subject property; (5) The variance is the minimum necessary to allow the subject property the same general rights enjoyed by other property in the same area and zone; and (6) Other solutions, uses, or design options that might achieve a similar result without the need for a Variance have been evaluated and rej ected. (e) Prohibited: Under no circumstances shall a Variance be granted for any of the following: (1) To alter any definition or interpretation of this Title; (2) To alter any provision establishing a use within a zoning district; (3) To alter any procedural provisions; or (4) To alter residential density standards. (f) Conditions of Approval: Conditions may be imposed as a conditional of approval if it is found they are necessary to mitigate identifiable adverse impacts and ensure compatibility with nearby uses. (g) Lapse of Approval: Ifthe Variance is not acted on within one (1) year from the date the decision became final, it shall expire. Expiration is automatic and notice is not required. The Director may grant a single six (6)-month extension if the applicant makes such a request in writing prior to the expiration of the Variance and can show good cause for granting the extension. 38 Zoning Code Amendment 20.58.040 SITE-SPECIFIC REZONE. (a) Authority: A Site-specific Rezone is a change to the zoning classification of a specific property or properties. The new zone must be consistent with the comprehensive plan and results in a change to the City's Official Zoning Map. (b) Procedures: A Site-specific Rezone application is processed as a Type IV City Council Decision pursuant to the provisions set forth in Chapter 20.02 BMC. The City Council shall act on the proposal after the Administrative Hearing Examiner holds an open-record public hearing and makes a recommendation to the City Council. (c) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a Site-specific Rezone. (d) Criteria for Approval: The City may grant a Site-specific Rezone only if it is found that: (1) The rezone is consistent with the Comprehensive Plan; (2) The rezone will advance the public health, safety, or welfare, and will not have adverse impacts on adjacent properties; (3) The rezone is necessary because either: (i) Conditions in the immediate vicinity or neighborhood have so markedly changed that it is in the public interest to approve the rezone, or (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established; and (4) The rezone is in the public interest. ( e) Comprehensive Plan Consistency: If a Comprehensive Plan amendment is required in order to satisfy BMC 20.58.040(d)(I), approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the rezone. 20.58.050 AREA-WIDE REZONES. (a) Authority: An Area-wide Rezone is a change to zoning classifications that is not site-specific. New zoning designations must be consistent with the Comprehensive Plan and approval changes the City's Official Zoning Map. (b) Applicant: Only the City may initiate an Area-wide Rezone. (c) Procedures: These are legislative actions exempt from the requirements of Chapter 20.02 BMC. Specific procedural requirements are prescribed in Chapter 36.70A RCW. The Planning Commission conducts public hearings for area-wide rezones and makes a recommendation to the City Council. The City Council, following its own public hearing(s) may approve, approve with modifications, deny or remand the Planning Commission's recommendation for additional study. (d) Notice: Published notice shall be given prior to public hearing dates in the official newspaper in accordance with the following schedule: (1) Ten (10) calendar days for the first Planning Commission public hearing, and (2) (3) publication of notice. (4) Consideration shall be given to WAC 365-195-600 (Public Participation) in determining if additional notice requirements are necessary. Five (5) calendar days for the first City Council public hearing. Subsequent hearing dates on the same proposal do not require additional 39 Zoning Code Amendment (e) found that: Approval Criteria: The City Council may approve an Area-wide Rezone if it is (1) (2) and ordinances. (f) Comprehensive Plan Consistency: If a Comprehensive Plan amendment is required in order to satisfy BMC 20.58.050(e)(I), approval ofthe Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval on the rezone. It is consistent with the comprehensive plan; and It does not conflict with other City, state and federal codes, regulations 20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT. (a) Intent and Purpose: The intent of the Residential Cluster Development (RCD) is to accommodate urban densities of the underlying zoning district while allowing residential development to utilize less land area. The purpose of the RCD is to preserve open space, allow for innovative design and reduce impacts to sensitive environmental areas. (b) Applicability: The RCD may be applied to attached and detached single-family residential developments of three (3) or more dwellings. (c) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a RCD. (d) Procedures: A RCD may be processed either as an Administrative Type II Director Decision or as a Non-administrative Type III Hearing Examiner Decision pursuant to the provisions set forth in Chapter 20.02 BMC. (1) The Director may require a Non-administrative RCD whenever the use has a significant impact beyond the immediate site, is of a neighborhood or community-wide interest, or is of a controversial nature. (2) The Director may convert a Type II Administrative RCD to a Type III Non-administrative CUP any time prior to the issuance of a decision on the application. (3) In addition to the notification requirements prescribed in BMC 20.02.100, the Notice of Application shall be mailed to all property owners within three-hundred (300) feet of the property. (e) Scope of Approval: (1) Approval of a RCD constitutes an overlay to the underlying zone. Through the RCD, modifications to the setbacks, height, lot area, building coverage, and development coverage may be granted. (2) Approval of a RCD shall constitute a limitation on the design of the site to only those designs and standards that are specifically included. Such limitations shall remain in effect until the residential development is constructed, or until its approval expires in which case the previous zoning standards automatically return. (f) Development Standards: The following standards are applicable to a RCD: (1) Lot Requirements: (i) Density: The minimum and maximum density of the underlying zone shall apply. Within the Low Density Residential (R -10) zone, the density shall be determined pursuant to the provisions in BMC 20.60.100. (ii) Minimum Lot Size: The minimum lot area is: a. Three-thousand (3,000) square feet within the Low Density Residential (R-l 0) zone. Reductions to the lot size may be allowed if an environmental sensitive 40 Zoning Code Amendment area is located on the property and the reduction is the minimum necessary to comply with the minimum density requirements set forth in BMC 20.58.060(f)(1)(i). b. Zero within other zones. (2) Height: The maximum building height of the underlying zone may be increased provided the height of buildings are compatible with the scale of the surrounding neighborhood, do not adversely affect existing scenic views, and ensure a reasonable balance of light and shadow on adjacent properties. Increased setbacks and location of structures may be used to ensure compatibility. (3) Other Standards: Exceptions may be granted to the underlying zone development standards such as setbacks, lot area, building coverage, and development coverage as prescribed in BMC 20.58.060(e)(I). (4) Perimeter Setbacks: Structures shall comply with the setbacks ofthe underlying zone along the outer perimeter lot lines of the site. (5) Circulation: (i) All streets within the development and rights-of-way shall be designed and constructed in accordance with the City street standards pursuant to BMC Title 11. Private streets shall be located on road tracts at least twenty (20) feet wide. (ii) Provisions shall be made for a functional pedestrian circulation system that assures the safe movement of pedestrians both on the site and between nearby properties and activities. (iii) All streets and parking areas shall contribute to the overall aesthetic design of the project while minimizing traffic congestion and the amount of impervious surface area. (iv) The provision for adequate parking, loading, access and circulation facilities within the RCD shall be those contained in the Parking Requirements as set forth in Chapter 20.48 BMC. The Director may modify these standards to best meet needs and objectives of the project provided parking will not spillover into nearby neighborhoods. (6) Screening: All utility facilities, loading areas, trash containers, and outdoor storage areas shall be screened from surrounding properties. Solid fences, walls, and blank walls of buildings shall be softened through the use of trees and!or other landscaping materials if their impact cannot be minimized through architectural design or orientation. (7) Open Space: (i) Open Space Designation: The remaining land not developed for a use shall be dedicated as open space. Open space areas shall be located on a separate tract or tracts and shall be developed for recreational uses or set aside to preserve environmentally sensitive areas. Open space shall not include land for streets, driveways, parking or other infrastructure improvements. (ii) Development: Facilities and other improvements that enhance recreational use may be located in an open space. A single residential detached dwelling may be allowed within an open space tract if the open space contains an environmentally sensitive area and development complies with all other requirements. (iii) Open Space Plan: An open space plan is required to identify all improvements, environmentally sensitive areas, significant trees pursuant to Chapter 20.50 BMC and other vegetation to be preserved. A management plan outlining maintenance responsibility shall be included as part of the plan. 41 Zoning Code Amendment (iv) Guarantee: A legal instrument approved by the City and recorded with the County Auditor, which shall include a notice on the title referencing the legal instrument, is required. The legal instrument may include, but is not limited to the following guarantees: a. Retention of the open space per the open space plan prescribed in BMC 20.58.060(f)(4)(iii); b. Provide permanent maintenance of the open space and commonly owned facilities; c. Grants to or reservations for the use of property owners all open space and commonly owned facilities within the development; d. Conveyances to property owner associations or corporation; (g) Criteria for Approval: The decision making authority may grant a RCD only if it is found that: (1) The location, design, and uses are consistent with the goals and policies of the Comprehensive Plan, the Shoreline Master Program (when applicable), the City's development codes and other City plans and ordinances; (2) The residential development integrates with its surroundings and is designed to harmonize with existing or proposed development in the neighborhood; (3) The traffic generated by the development can be accommodated safely and within acceptable Levels of Service for affected streets; (4) All development will adequately be served by existing or planned facilities and services; and (5) The development makes adequate and appropriate provision for the preservation ofthe environment, both natural and man-made, and the conservation of energy. (h) Lapse of Approval: If not acted upon within two (2) years from the date of the decision, approval of the RCD shall expire. Expiration is automatic and notice is not provided. The Director may grant a single six (6)-month extension if the applicant makes such a request in writing prior to the expiration of the RCD and can show good cause for granting the extension. 20.58.080 SITE PLAN REVIEW. (a) Authority: Site Plan Review is an evaluation of development plans to identify environmental impacts and overall compliance with applicable development regulations including zoning and engineering standards. It is a preliminary review and does not constitute approval to develop the site. (b) Applicability: Site Plan Review is required for all new development, expansion of existing structures, or other exterior site improvements that will change the physical conditions of a site. (c) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for Site Plan Review. (d) Procedures: A request for a Site Plan Review is processed as a Type I or Type II Director's Decision pursuant to Chapter 20.02 BMC. Site Plan Review may be conducted independently or may be reviewed concurrently with a Site Development Permit set forth in BMC 20.58.090. When a Site Development Permit is not required, Site Plan Review may be consolidated with the review of a building permit application. 42 Zoning Code Amendment (e) Application Requirements: An application for a Site Plan Review shall include the following components. The Director may modify these requirements based on the size, scope and complexity of the project. (1) Vicinity Map: Showing the subject property in relation to all other properties and major structures within a two-hundred fifty (250) foot radius of the property. (2) Site Plan: Containing, but not limited to, the following information: (i) The location, size, bulk, height, number of stories, and use of all structures and areas on the subject parcel, both existing and proposed. (ii) Existing and proposed pedestrian walkways, bikeways, parks, playgrounds, recreational areas, activity centers, landscaped areas, and other areas and facilities of a public or recreational nature. (iii) Existing and proposed utility systems, drainage structures, fire hydrants, and other infrastructure improvements. (iv) An environmental summary, including such features as shorelines, bulkheads, creeks, culverts, wetlands, steep slopes, unstable soils, rock outcroppings, significant trees, other "sensitive areas", etc. (v) All property lines, easements, fences, walls, signs, and other points of reference. (vi) Other information, maps or data that is helpful to better understand the nature and scope of the proposal and its impacts on surrounding properties, people, and land uses. (3) Parking Plan: A parking plan shall be included showing all ofthe parking spaces, aisles, handicapped stalls, loading spaces, motorcycle spaces, setbacks and other dimensional information necessary to evaluate the project. This information may be shown on the site plan or may be a provided in a separate plan. (4) Landscape Plan: When required, a plan showing the areas of landscaping and street trees shall be provided. This information may be shown on the site plan or may be provided in a separate plan. (5) Storm Water Plan: When required, a storm drainage report and preliminary storm drainage plans shall accompany the application. (6) Water and Sewer Availability: A letter summarizing the utility service requirements per BMC Title 15 shall be obtained from the City Public Works Department and submitted with the application. (7) Other Reports: When required, studies such as traffic reports, geotechnical reports, wetland reports and other environmental studies shall accompany the application. (8) Narrative: A written explanation of the proposal including: (i) Calculations of gross residential density, size of the site in square feet, and square footage of structures, parking areas, landscaped and recreational open space areas; (ii) Elevations and!or perspective drawings of proposed structures and other major improvements being proposed; (iii) The specific nature of any agreements, covenants, or other provisions that govern or affect the proposal; and (iv) Signatures, mailing addresses, and phone numbers of all owners of record or agents of the subject property. 43 Zoning Code Amendment (9) Maps: All maps shall be drawn to scale, legible, in a reproducible black and white format no larger than 18" x 24", and shall include a north arrow: (f) Criteria for Approval: A site plan that complies with all applicable development regulations shall be approved, or approved with conditions. 20.58.090 SITE DEVELOPMENT PERMIT. (a) Authority: A Site Development Permit shall be required prior to constructing, enlarging, demolishing a building or structure; grading, excavating or filling of earth; or other exterior site improvements that will change the physical conditions of a site. A Site Development Permit constitutes approval for those activities to develop a site not including buildings. (b) Applicability: A Site Development Permit is required for the following activities: (1) The construction of five (5) or more residential dwelling units; (2) The construction or expansion of a structure or structures of more than four-thousand (4,000) square foot gross floor area for a non-residential use or uses; (3) Any filling, grading, excavating, placing or dumping of soil, loam, peat, sand, gravel, rock, and similar materials in excess of one-hundred (100) cubic yards; (4) Any activity or use located within an environmentally sensitive area as designated in Chapter 20.14 BMC (Critical Areas); (5) Any development or redevelopment of a site that requires street frontage improvements pursuant to BMC 11.12.110; (6) Any proposal that requires an engineered storm drainage system pursuant to Chapter 15.04 BMC. (7) Construction of a non-accessory surface or structural parking lot; (8) Construction of an accessory off-street parking facility of more than twenty (20) automobile spaces; or (c) Exemptions: The following are exempt from the requirement for a Site Development Permit: (1) Forest practices other than Forest Practice IV regulated under Title 222 WAC; (2) Development that is undertaken by the Washington State Department of Transportation in state highway rights-of-way and is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program; or (3) Road and utility construction and related activities undertaken by the City's Public Works Department. (d) Applicant: The City, federal, state or local agencies, property owner(s), or their designated agents may initiate a request for a Site Development Permit. (e) Procedures: A request for a Site Development Permit is processed as a Type I Director's Decision pursuant to Chapter 20.02 BMC. The review may be conducted independently or may be reviewed concurrently with a Site Plan Review. (f) Application Requirements: An application for a Site Development Permit shall include the following components. (1) Vicinity Map: Showing the subject property in relation to all other properties and major structures within a two-hundred fifty (250) foot radius ofthe property. (2) Site Plan: Contain the following information: 44 Zoning Code Amendment (i) The location, size, bulk, height, number of stories, and use of all structures and areas on the subject parcel, both existing and proposed; (ii) Existing and proposed pedestrian walkways, bikeways, parks, playgrounds, recreational areas, activity centers, landscaped areas, and other areas and facilities of a public or recreational nature; (iii) Existing and proposed utility systems, drainage structures, fire hydrants, and other infrastructure improvements; (iv) An environmental summary, including such features as shorelines, bulkheads, creeks, culverts, wetlands, steep slopes, unstable soils, rock outcroppings, significant trees, other "sensitive areas", etc; (v) All property lines, easements, fences, walls, signs, and other points of reference; (vi) Other information, maps or data that is helpful to better understand the nature and scope of the proposal and its impacts on surrounding properties, people, and land uses; and (vii) Dimensional information or drawn to scale at not less than 1 inch = 50 feet. (3) Parking Plan: Showing all existing and proposed off-street parking spaces. This may be integrated into the base site plan or shown on a separate plan. Parking plans should show all spaces, aisles, handicapped and motorcycle spaces, loading spaces, transit facilities, and parking lot access and internal circulation. It should also show dimensions of all parking areas, spaces, driveways, setbacks, and distances from curb cuts to intersection corners, and similar detail. (4) Landscape Plan: Showing details of existing vegetation to be preserved and the general planting pattern as well as the numbers and types of new plants being provided. This may be integrated into the base site plan or provided in a separate plan. (5) Elevation and! or Perspective Drawings: Drawings showing proposed structures and other major improvements. (6) Civil Engineering Drawings: "Final" plans for street frontage improvements, circulation and street lighting. (7) Final Storm Drainage Report: Storm Drainage system meeting City engineering standards. (8) Erosion & Sediment Control Plan: Erosion control plans prepared pursuant to BMC 15.04.042. (9) Phasing: If the project is designed to be permitted and/ or constructed in phases, a site plan showing the phases of development and a written schedule of development is required. (10) Narrative: A written explanation of the proposal, including: (i) Calculations of gross residential density, size of the site in square feet, and square footage of structures, parking areas, landscaped and recreational open space areas; (ii) Elevations and/or perspective drawings of proposed structures and other major improvements being proposed; (iii) The specific nature of any agreements, covenants, or other provisions that govern or affect the proposal; and (iv) Signatures, mailing addresses, and phone numbers of all owners of 45 Zoning Code Amendment record or agents of the subject property. (11) Other Reports: When required, studies such as traffic reports, geotechnical reports, wetland reports and other environmental studies shall accompany the application. (12) Plans: All maps shall be drawn to scale, legible, in a reproducible black and white format and shall include a north arrow. (g) Criteria for Approval: A Site Development Permit that complies with all applicable development regulations and requirements for construction shall be approved. (h) Time Limits on Approval: Approval of a Site Development Permit shall become void if building permits are not applied for or construction has not begun within one (1) year. The expiration is automatic and notice is not given. Exterior site improvements and the exterior of all structures shall be completed within three (3) years of issuance of the Site Development Permit. If the permit expires, a new Site Development Permit is required that meets the development standards in effect at the time a new permit is applied for. (i) Compliance Required: No person shall violate or fail in complying with an approved Site Development Permit or any conditions thereof. Nor shall a building permit be valid for any structure, which violates or fails to comply with any approved Site Development Permit for the parcel(s) on which such structure is to be located. SECTION 7. Chapter 20.74 of the Bremerton Municipal Code entitled "Business Core (BC)" is hereby created to read as follows: CHAPTER 20.74 BUSINESS CORE (BC) 20.74.010 INTENT. The intent of this zone is to offer well-integrated employment, shopping and residential opportunities as integral part of the Downtown Regional Center. Long-term surface parking and other automobile related uses are discouraged. Pedestrian-oriented day and nighttime activities are encouraged. Residential uses are highly encouraged, particularly on upper floors and around the periphery of the zone. 20.74.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Hotels and Lodging Places; (b) Residential Uses; (c) Bed & Breakfast; (d) General Retail; (e) Indoor Automobile Vehicle Sales, Service, Repair, or Car Wash; (f) Parking Structure; (g) Accessory Parking Facility; (h) Restaurant and drinking places (no drive-through facilities); (i) General Office and Business Services (j) Personal Services Business;; (k) Finance, Insurance & Real Estate; (1) Medical Offices; 46 Zoning Code Amendment (m) Art Gallery, Art Studio, Library and Museum; (n) Indoor Entertainment Use; (0) Physical Fitness and Health Club; (P) Indoor Recreational Facility; (q) Public or Private Park and Open Space; (r) Religious Worship and Related Facilities; (s) Group Residential Facilities Class I; (t) Day Care Facility; (u) Detoxification Center; (v) Welfare & Charitable Services and Facility; (w) Social Services Facility; (x) Public Administration Use; (y) Law Enforcement and Fire Facility; (z) Public and Private Schools & Education Use; (aa) Co-location of wireless communication facility per Chapter 20.56 BMC; (bb) Transportation facility; (cc) Communication! Broadcasting Facility; (dd) Water, Sewer, Storm Water and Utility Facility. 20.74.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards, unless allowed for by law otherwise: (a) There is no maximum density; (b) Maximum height is pursuant to Figure 20.74(A); (c) Maximum front yard setback is 10 feet; (d) There are no minimum requirements for front, side or rear yard setbacks, building coverage, development coverage, lot size or lot width. 20.74.070 DESIGN STANDARDS. (a) Roof Top Screening: Either a high parapet, or a stepped or sloped roof form, which is a part of the architecture of the building and is at least as high as the equipment shall screen all rooftop mechanical equipment. (b) Landscaping: Landscaping shall be provided in accordance with the following standards: (1) Street trees shall be provided at no less than three (3) trees per one- hundred (100) linear feet of lineal street frontage. Performance standards shall be pursuant to BMC 20.50. (2) Surfac.e parking areas, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (with no fewer than three (3) trees per one-hundred (100) linear feet of frontage), and shrubs. Masomy walls no lower than fifteen (15) inches and no higher than thirty (30)-inches may be substituted for shrubs. (c) Screening of Parking: The street-facing, ground-level facades of parking garages shall be designed to screen the view of parked cars. Where commercial or residential space is not available to accomplish this, features such as planters, decorative grilles, or works of art shall be used. 47 Zoning Code Amendment (d) Building Fa<<;ade: Any building facade facing a public sidewalk shall incorporate more refined materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on at least the first floor. The first floor shall be considered the area of the building fayade approximately fifteen (15) feet in height above the street grade. (e) Distinctive Design: Buildings taller than four (4) stories shall display a distinctive design for the top of the building that can be achieved by various means including a change in materials, architectural detail, color, or step backs at the top floor, a prominent projecting cornice, or a roof with a form such as a curve, slope, or peak. (f) Change of Use or Rehabilitation of Existing Building: When an existing building or structure is remodeled, improved or has a change in use or tenancy, it shall be exempt from off-street parking and landscaping requirements provided that: (1) The structure is not enlarged, extended or structurally altered outside the existing building envelope in a manner that would require additional parking pursuant to BMC 20.48; (2) Interior alterations within the envelope of the building do not increase the existing net floor area by more than twenty-five (25) percent; and (3) Existing site improvements and! or the building create such a restriction on the land that landscaping and parking cannot be reasonably accommodated. 20.74.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC. 20.74.100 SIGN STANDARDS Signage shall meet the standards of Chapter 20.52 BMC. SECTION 8. Chapter 20.75 of the Bremerton Municipal Code entitled "Downtown Core" is hereby created to read as follows: CHAPTER 20.75 DOWNTOWN CORE 20.75.010 INTENT The intent of this zone is to focus commercial, entertainment, cultural, civic uses and urban residential into an intense, compact, walkable area served by public transit. 20.75.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Finance, insurance and real estate; (b) General retail; (c) Restaurants and drinking places; (d) General office and business services; (e) Personal service business; (f) Entertainment, museum, and cultural; (g) Government and education; (h) Residential and hotels and lodging places; (i) Religious worship and related facilities; 48 Zoning Code Amendment (j) Parks and open space; (k) Structured parking. 20.75.030 PROHIBITED USES. The following uses are specifically prohibited: (a) Light and heavy industrial/manufacturing uses; (b) Drive-through Facilities; (c) Automobile sales, service, repair or car wash; (d) Storage of equipment and materials; ( e) Adult entertainment; (f) Work release facilities; (g) Commercial surface parking lots, not serving a permitted use. 20.75.040 DEVELOPMENT STANDARDS. (a) Development shall comply with the following Floor Area Ratio, which is the Net Floor Area divided by the Lot Area: (1) The Floor Area Ratio of all residential uses shall not exceed two (2); (2) The Floor Area Ratio of all non-residential uses shall not exceed one (1); (3) The Floor Area Ratio of residential uses may be increased to six (6) when an amenity is provided pursuant to BMC 20.75.050 (4) The Floor Area Ratio of non-residential uses may be increased to three (3) when an amenity is provided pursuant to BMC 20.75.050. (5) All new development shall have a minimum Floor Area Ratio of one (1). (6) For the purpose of this Chapter, hotels shall be considered residential uses. (7) The Floor Area Ratio for nonresidential uses and residential uses within a given development are individually calculated for each use and may be added together for a combined maximum; provided, that the maximum allowable Floor Area Ratio for each use is not exceeded. (Example: A project that includes special amenities may have a total Floor Area Ratio of six (6), with two (2) in commercial use and four (4) in residential use.) (8) For the purpose of this Chapter, Net Floor Area is the amount of floor area within a building as measured to the inside face of the exterior building walls, excluding the following: (i) Spaces below grade; (ii) Space devoted to parking; (iii) Mechanical spaces; (iv) Elevator and stair shafts; (v) Space used for retail uses or restaurants that front the sidewalk; (vi) Space devoted to special amenities; (vii) Exterior decks open to the air. (b) Maximum building height is pursuant to Figure 20.74(A). For the purpose ofthis Chapter, the maximum building height may exclude: (1) Parapets; (2) Mechanical penthouses and elevator overruns and machine rooms; and (3) Roof forms and decorative elements not intended for occupancy. 49 Zoning Code Amendment 20.75.050 AMENITIES FOR MAXIMUM FLOOR AREA RATIO. A special amenity is required to be provided whenever a proposed development increases its Floor Area Ratio above the base and up to the maximum allowed pursuant to BMC 20.75.040. The design of each feature will be reviewed to ensure that it is appropriate for the proposed location and provides for a public benefit. One of the following may meet the requirement for a special amenity: (a) Exterior Public Space: That meets the following design standards: (1) The space is at least ten (10) percent of the site area; (2) Seating is provided at one space for each one-hundred (100) square feet of area; (3) Incorporates a variety of trees and other plantings; (4) Includes art or water features; (5) Has solar exposure during the summer; and (6) Provides access and visibility from the nearest public sidewalk. (b) Public Benefit: Consisting of at least one of the following: (1) Meeting room(s) available to the public; (2) Day care; (3) 11useum; or (4) Performing arts theatre. (c) Work of Art or Water Feature: That meets the following requirements: (1) The feature is location in an area that is visible to the public at all times (2) The cost of the item(s) is equivalent to at least one (1) percent of the building permit value for the project including site improvements; (3) A work of art consisting of an original, artist-produced creation such as: (i) Murals; (ii) Sculptures; (iii) Paintings; (iv) Inlays; (v) Friezes; (vi) Mosaics; and! or (vii) Tile work. 20.75.070 DESIGN STANDARDS (a) Roof Top Screening: Either a high parapet, or a stepped or sloped roof form, which is a part of the architecture of the building and is at least as high as the equipment shall screen all rooftop mechanical equipment. Fencing is not acceptable. (b) Screening of Parking: The street-facing, ground-level facades of parking garages shall be designed to screen the view of parked cars. Where commercial or residential space is not available to accomplish this, features such as planters, decorative grilles, or works of art shall be used. (c) Building Fa.;ade: (1) Any building facade facing a public sidewalk shall incorporate more refined materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on at least thefirst floor. The first floor shall be considered the area of the building fayade approximately fifteen (15) feet in height above the street grade. 50 Zoning Code Amendment (2) Any sidewalk level facade that faces any downtown street shall have at least thirty-five (35) percent of the facade area in transparent glass windows. (d) Distinctive Design: Buildings taller than four (4) stories shall display a distinctive design for the top of the building that can be achieved by various means including a change in materials, architectural detail, color, or step backs at the top floor, a prominent projecting cornice, or a roof with a form such as a curve, slope, or peak. (e) Primary Pedestrian Streets: All development west of Washington Avenue that is located along First, Second, Fourth, and Fifth Street, Burwell, Pacific and Park Avenue shall additionally meet the following standards: (1) Building facades shall abut the sidewalk, except entrance areas may be recessed. Furthermore, buildings may be set back to accommodate exterior public spaces pursuant to BMC 20.76.050. (2) At least fifty (50) percent of the linear, sidewalk level frontage of any structure shall consist of, or are adaptable to, retail, restaurants, cultural or entertainment uses, financial institutes, office, indoor public spaces, or art galleries; and (3) At least seventy-five (75) percent of the frontage shall include weather protection in the form of a flat or sloped canopy, projecting at least five (5) feet over the sidewalk. 20. 75.080 PARKING REQUIREMENTS. In addition to the off-street parking requirements set for in Chapter 20.48 BMC, the automobile off-street parking spaces shall be provided in accordance to the following standards: (a) Non-residential uses shall provide at least one (1), but not more than four (4), off- street parking space per one-thousand (1,000) square feet of gross floor area. (b) Residential uses shall provide at least one-half (0.5) off-street parking space per one-thousand (1,000) square feet of gross floor area. (c) The first three-thousand (3,000) square feet of gross ground floor retail area shall be exempt from off-street parking requirements. 20.75.090 LANDSCAPING. For the purpose ofthis Chapter, landscaping shall be provided in accordance with the following standards: (a) Street trees shall be provided with no fewer than three (3) trees per one-hundred (100) linear feet of frontage. Tree grates shall be used to cover the planting pits. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. (b) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (with no fewer than three (3) trees per one- hundred (100) linear feet of frontage), and shrubs. Masomy walls no lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs. (c) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of two and one-half (2 1/2) inches at the time of planting. Pedestrian walkways from adjacent sidewalks shall be provided. 51 Zoning Code Amendment 20.75.100 CHANGE OF USE OR REHABILITATION OF EXISTING BUILDING. When an existing building or structure is remodeled, improved or a change in use or tenancy occurs, it shall be exempt from off-street parking and landscaping requirements provided that: (a) The structure is not enlarged, extended or structurally altered outside the existing building envelope in a manner that would require additional parking pursuant to BMC 20.48.020( c); (b) Interior alterations to the envelope of the building do not increase the existing net floor area by more than twenty-five (25) percent; and 20.75.110 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. SECTION 9. Chapter 20.76 ofthe Bremerton Municipal Code entitled "Downtown Waterfront" is hereby created to read as follows: CHAPTER 20.76 DOWNTOWN WATERFRONT 20.76.010 INTENT. The intent ofthis zone is to provide for an array of uses related to the water, multi-modal transportation facilities, view corridors, public access and residential. 20.76.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) General retail, including marine retail; (b) Restaurants and drinking establishments; (c) Hotels and lodging places; (d) Residential; (e) Transportation facilities; (f) Parks and open spaces; (g) Structured commercial parking with other permitted use; (h) General office and business services comprising no more than twenty-five (25) percent of the total gross floor area of a mixed-use development. 20.76.030 PROHIBITED USES. The following uses are specifically prohibited: (a) Light and heavy industrial/manufacturing uses; (b) Drive-through Facilities; (c) Automobile sales, service, repair and car wash; (d) Storage of equipment. and materials; (e) Adult entertainment; (f) Work release facilities; (g) Commercial surface parking lots, not serving a permitted use; (h) Boat sales, storage and repair; 52 Zoning Code Amendment (i) Stand-alone commercial parking not serving a permitted use. 20.76.040 DEVELOPMENT STANDARDS. (a) Development shall comply with the following Floor Area Ratio, which is the Net Floor Area divided by the Lot Area: (1) The Floor Area Ratio of all residential uses shall not exceed one (1); (2) The Floor Area Ratio of all non-residential uses shall not exceed one-half (0.5); (3) The Floor Area Ratio of residential uses may be increased to two (2) when an amenity is provided pursuant to BMC 20.76.050 (4) The Floor Area Ratio of non-residential uses may be increased to one (1) when an amenity is provided pursuant to BMC 20.76.050. (5) For the purpose of this Chapter, hotels shall be considered residential uses. (6) The Floor Area Ratio for nomesidential uses and residential uses within a given development are individually calculated for each use and may be added together for a combined maximum; provided, that the maximum allowable Floor Area Ratio for each use is not exceeded. (Example: A project that includes special amenities may have a total Floor Area Ratio of six (6), with two (2) in commercial use and four (4) in residential use.) (7) For the purpose of this Chapter, Net Floor Area is the amount of floor area within a building as measured to the inside face of the exterior building walls, excluding the following: (i) Spaces below grade; (ii) Space devoted to parking; (iii) Mechanical spaces; (iv) Elevator and stair shafts; (v) Space used for retail uses or restaurants that front the sidewalk; (vi) Space devoted to special amenities; (vii) Exterior decks open to the air. (b) Maximum building height is pursuant to Figure 20.74(A). For the purpose of this Chapter, the maximum building height may exclude: (1) Parapets; (2) Mechanical penthouses and elevator overruns and machine rooms; and (3) Roof forms and decorative elements not intended for occupancy. (c) View Corridors shall be provided pursuant the requirements of the Shoreline Master Program. 20.76.050 AMENITIES FOR MAXIMUM FLOOR AREA RATIO. A special amenity is required to be provided whenever a proposed development increases its Floor Area Ratio above the base and up to the maximum allowed pursuant to BMC 20.76.040. The design of each feature will be reviewed to ensure that it is appropriate for the proposed location and provides for a public benefit. One of the following may meet the requirement for a special amenity: (a) Exterior Public Space: That meets the following design standards: (1) The space is at least ten (10) percent of the site area; (2) Seating is provided at one space for each one-hundred (100) square feet of area; 53 Zoning Code Amendment (3) Incorporates a variety of trees and other plantings; (4) Includes art or water features; (5) Has solar exposure during the summer; and (6) Provides access and visibility from the nearest public sidewalk. (b) Public Benefit: Consisting of at least one of the following: (1) Meeting room(s) available to the public; (2) Day care; (3) 11useull1; or (4) Performing arts theatre. (c) Work of Art or Water Feature: That meets the following requirements: (1) The feature is location in an area that is visible to the public at all times (2) The cost of the item(s) is equivalent to at least one (1) percent of the building permit value for the project including site improvements; (3) A work of art consisting of an original, artist-produced creation such as: (i) Murals; (ii) Sculptures; (iii) Paintings; (iv) Inlays; (v) Friezes; (vi) Mosaics; and/ or (vii) Tile work. 20.76.070 DESIGN STANDARDS. (a) Roof Top Screening: Either a high parapet, or a stepped or sloped roof form, which is a part of the architecture of the building and is at least as high as the equipment shall screen all rooftop mechanical equipment. Fencing is not acceptable. (b) Screening of Parking: The street-facing, ground-level facades of parking garages shall be designed to screen the view of parked cars. Where commercial or residential space is not available to accomplish this, features such as planters, decorative grilles, or works of art shall be used. (c) Building Fa.;ade: (1) Any building facade facing a public sidewalk shall incorporate more refined materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on at least the first floor. The first floor shall be considered the area of the building fayade approximately fifteen (15) feet in height above the street grade. (2) Any sidewalk level facade that faces any downtown street shall have at least thirty-five (35) percent of the facade area in transparent glass windows. (d) Distinctive Design: Buildings taller than four (4) stories shall display a distinctive design for the top of the building that can be achieved by various means including a change in materials, architectural detail, color, or step backs at the top floor, a prominent projecting cornice, or a roof with a form such as a curve, slope, or peak. (e) Primary Pedestrian Streets: All development west of Washington Avenue that is located along First, Second, Fourth, and Fifth Street, Burwell, Pacific and Park Avenue shall additionally meet the following standards: 54 Zoning Code Amendment (1) Building facades shall abut the sidewalk, except entrance areas may be recessed. Furthermore, buildings may be set back to accommodate exterior public spaces pursuant to BMC 20.76.050. (2) At least fifty (50) percent of the linear, sidewalk level frontage of any structure shall consist of, or are adaptable to, retail, restaurants, cultural or entertainment uses, financial institutes, office, indoor public spaces, or art galleries; and (3) At least seventy-five (75) percent of the frontage shall include weather protection in the form of a flat or sloped canopy, projecting at least five (5) feet over the sidewalk. 20.76.080 PARKING REQUIREMENTS. In addition to the off-street parking requirements set for in Chapter 20.48 BMC, the automobile off-street parking spaces shall be provided in accordance to the following standards: (a) Non-residential uses shall provide at least one (1), but not more than three (3), off-street parking space per one-thousand (1,000) square feet of gross floor area. (b) Residential uses shall provide at least one-half (0.5) off-street parking space per one-thousand (1,000) square feet of gross floor area. (c) The first three-thousand (3,000) square feet of gross ground floor retail area shall be exempt from off-street parking requirements. 20.76.090 LANDSCAPING. For the purpose of this Chapter, landscaping shall be provided in accordance with the following standards: (a) Street trees shall be provided with no fewer than three (3) trees per one-hundred (100) linear feet of frontage. Tree grates shall be used to cover the planting pits. Where existing areaways or vaults prevent this form of planting, trees shall be planted in planters equipped with irrigation. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. (b) Surface parking lots, if they abut public sidewalks, shall provide a perimeter landscaping strip containing a combination of trees (with no fewer than three (3) trees per one- hundred (100) linear feet of frontage), and shrubs. Masonry walls no lower than fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs. (c) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of the interior area shall be planted with trees and shrubs. All trees shall have a minimum caliper of two and one-half (2-1/2) inches at the time of planting. Pedestrian walkways from adjacent sidewalks shall be provided. 20.76.100 CHANGE OF USE OR REHABILITATION OF EXISTING BUILDING. When an existing building or structure is remodeled, improved or has a change in use or tenancy, it shall be exempt from off-street parking and landscaping requirements provided that: (a) The structure is not enlarged, extended or structurally altered outside the existing building envelope in a manner that would require additional parking pursuant to BMC 20.48.020(c); (b) Interior alterations to the envelope of the building do not increase the existing net floor area by more than twenty-five (25) percent; and 55 Zoning Code Amendment 20.76.110 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. SECTION 10. Chapter 20.79 of the Bremerton Municipal Code entitled "Multiple Residential (MR)" is hereby created to read as follows: CHAPTER 20.79 MUL TIPLE RESIDENTIAL (MR) 20.79.010 INTENT. The intent of Multiple Residential (MR) zone district is to support the Downtown Regional Center with opportunities for high density residential use. Attached multifamily units are encouraged to take advantage of the unique views and nearby amenities such as shorelines, recreational opportunities, or access to ferries and transit. There is an intentional reduction in parking requirements and an increase in building coverage to accommodate high density pedestrian-oriented development in this most accessible of neighborhoods. 20.79.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Residential use. Residential uses include: (1) Single-unit Dwelling Unit - Detached; (2) Single-unit Dwelling Unit - Attached (zero lot lines); (3) Townhomes; (4) Multi-unit dwelling units; (5) Foster Home; (6) Day Care Facility (12 or fewer persons receiving care); (7) Group Residential Home; (b) Underground water, sewer, storm water and utility facilities; (c) Co-location of wireless communication per Chapter 20.56 BMC. 20.79.030 ACCESSORY USES. Permitted accessory uses are those set forth in BMC 20.60.040 (Low Density Residential R-lO zone). 20.79.040 CONDITIONAL USES The following conditional uses shall be permitted pursuant to BMC 20.58.020, provided the conditional use complies with the corresponding standard as listed in BMC 20.60.050: (a) Bed & breakfast; (b) Class I group residential facilities; (c) Senior housing complex; (d) Nursing / convalescent home; (e) Day care facilities (more than 12 persons receiving care); (f) Religious worship & related facilities; (g) Schools, parks and associated facilities ofthe types set forth in BMC 20.60.050G). 56 Zoning Code Amendment 20.79.060 DEVELOPMENT STANDARDS (a) Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (1) Density; (i) Maximum: No limit; (ii) Minimum: 5 dwelling units per acre; (2) Setbacks; (i) front yard setback: 10 feet; (ii) side yard setback: 5 feet; (iii) rear yard setback: 10 feet; (3) Minimum lot area: 3,000 square feet; (4) Maximum height: 50 feet; (5) Maximum lot coverage. 80 percent; (b) The following standards shall apply to garages attached to single family units and to detached accessory structures: (1) The maximum garage/carport (attached or detached) area shall be 500 square feet of gross floor per unit plus 10 percent of gross floor area of a principal residential use; (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 of the 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 BMC 20.44.060; (5) 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). 20.79.080 PARKING REQUIREMENTS Off-street parking shall be provided in accordance with Chapter 20.48 BMC, except as follows: (a) Minimum parking requirement. One space per unit; (b) Access to parking shall be provided from the adjacent public facilities per the following priority: (1) First, from an alley if available; (2) If an alley is not available, from a non-arterial street, if available; (3) If neither an alley nor a non-arterial street are available, from an arterial; (c) The applicant shall demonstrate that the proposed access is provided from the highest priority facility per the above list; (d) Driveways providing access to parking shall be well marked; ( e) Reduction in number of required parking spaces. The Director may reduce the number of required parking spaces on a site by up to ten when a remodel, expansion, alteration, or change in the use or tenancy of an existing building occurs, provided: 57 Zoning Code Amendment (1) For sites with multiple uses or structures, the reduction shall be applied to the entire site and not to individual uses; (2) When a use is non-conforming to the required number of off-street parking spaces, it shall not be allowed to reduce the number of existing spaces. 20.79.090 LANDSCAPING REQUIREMENTS Landscaping shall meet the standards of Chapter 20.50 BMC. 20.79.100 SIGN STANDARDS Signage shall meet the standards of Chapter 20.52 BMC. SECTION 11. Chapter 20.90 of the Bremerton Municipal Code entitled "Industrial Park (IP)" is hereby created to read as follows: CHAPTER 20.90 INDUSTRIAL PARK (IP) 20.90.010 INTENT. The intent of the Industrial Park zone is to provide an environment for and conducive to a broad range of existing and future light industrial, office, and large retail uses. The Industrial Park zone ensures a well planned complex with attention to landscaping and architectural features. Site design in the Industrial Park zone ensures compatibility with neighboring less intense uses, and provides a high quality environment for the conduct of business. 20.90.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Light industrial/manufacturing; (b) Warehousing; (c) General office and business services; (d) Finance insurance and real estate; (e) Medical offices; (f) General and large retail; (g) Automobile service and repair; (h) Car wash; (i) Gas station; (j) Physical fitness & health clubs; (k) Outdoor storage; (1) Nursery & greenhouse; (m) Restaurants (n) Drive-through facilities and drive-through lanes; (0) Recycling collection station; (p) Kennel; (q) Day care facility; (r) Outdoor athletic fields, and sports complexes; (s) Schools & education uses; (t) Community uses; 58 Zoning Code Amendment (u) Worship, religious & church facility; (v) Entertainment uses; (w) Public administration uses; (x) Public facilities; (y) Transportation facilities; (z) Wireless telecommunications facilities per Chapter 20.56 20.90.040 CONDITIONAL USES. Uses in the following categories may be permitted in the Industrial Park zone through a Conditional Use Permit pursuant to BMC 20.40. (a) Heavy industrial/manufacturing provided: (1) The applicant can demonstrate that the use will not significantly detract from the visual character as seen from public rights of way or any adjacent lot. Unkempt or unsightly storage, refuse, yard, or equipment areas are elements with potential to negatively impact visual character. (2) No odor, dust or smoke bi-product will be clearly detectable on any abutting commercial or residential lot; (3) All standards ofthe Noise Levels Ordinance, Chapter 6.32 BMC are met; (4) No unshielded light or glare will be visible during periods of darkness in a residential zone. 20.90.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (a) Front yard setback: Fifteen (15) feet, except twenty (20) from residentially zoned lots including residentially zoned lots across a public right of way from the IP zone. (b) Side yard setback: ten (10) feet, except twenty (20) feet from residentially zoned lots including residentially zoned lots across a public right of way from the IP zone. (c) Rear yard setback: ten (10) feet, except twenty (20) feet from residentially zoned lots including residentially zoned lots across a public right of way from the IP zone. (d) Maximum building height: fifty (50) feet, provided that where abutting a residential zone structures shall be set back one (1) additional foot for each additional foot of height above thirty-five (35) feet; (e) Maximum building coverage: Eighty-five percent (85%) provided all setbacks and landscape requirements are met. (f) Maximum development coverage: Eighty-five (85%) provided all setbacks and landscape requirements are met. 20.90.070 DESIGN STANDARDS. Development in the Industrial Park zone shall meet the following standards: (a) Outdoor storage areas shall be screened from all adjacent property lines with one of the following types: (1) A solid view-obscuring wall at least eight (8) feet in height; (2) A densely-planted, view-obscuring evergreen shrub or hedge at least eight (8) feet in height, and thirty (30) inches in depth; 59 Zoning Code Amendment (b) Outdoor storage of materials exceeding fifteen (15) feet in height shall not be located within thirty-five (35) feet of any property line. (c) Drive-through facilities shall be accessed from the rear of a site and run along an interior lot line or building elevation. 20.90.080 PARKING REQUIREMENTS Parking shall meet the standards of Chapter 20.48 BMC. 20.90.090 LANDSCAPING REQUIREMENTS Landscaping shall meet the standards ofBMC 20.50, or as otherwise modified by the following requirements: (a) For each twenty (20) parking stalls, a landscaped area equal to one (1) parking stall shall be provided; (b) For each twenty (20) parking stalls one (1) tree shall be installed within a landscaped area. Such trees shall meet the minimum plant material sizes as set forth in Chapter 20.50 BMC. 20.90.100 SIGNS STANDARDS Signs shall meet the standards of Chapter 20.52 BMC, except free standing signs shall be limited to monument signs that do not exceed eight (8) feet in height and one-hundred (100) square feet in area. SECTION 12. Chapter 20.92 of the Bremerton Municipal Code entitled "Employment Center (EC)" is hereby created to read as follows: CHAPTER 20.92 EMPLOYMENT CENTER (EC) 20.92.01 0 INTENT. The intent of the Employment Center zone is to offer a well planned and designed environment where a potentially large employee population is offered the option to live near places of employment. The EC zone provides for integration of employment activities with housing and commercial activities scaled to serve the employee population at the Center, thereby reducing home to workplace commute trips. Employment centers create large numbers of jobs in uses to include office and services. 20.92.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) General office and business services; (b) Medical offices; (c) Finance insurance and real estate (no drive-through facilities); (d) General retail (no drive-through facilities); ( e) Restaurants and drinking places (no drive-through facilities); (f) Personal service business; (g) Residential uses of the following types: (1) Single unit structure -attached or detached; 60 Zoning Code Amendment (2) Townhouse; (3) Multi-unit structure; (4) Group residential facility - Class I; (5) Nursing convalescent Home; (6) Senior housing complex; (h) Hotels and lodging places; (i) Physical fitness and health clubs; (j) Community uses; (k) Worship, religious and church facility; (1) Day care facility, all; (m) Public administration uses; (n) Schools and education uses; (0) Outdoor athletic fields and parks; (P) Public facilities; (q) Transportation facilities; (r) Wireless telecommunications facilities per Chapter 20.56 BMC. 20.92.060 DEVELOPMENT STANDARDS. Development shall be in accordance with the following standards: (a) Minimum density for residential uses: Fifteen (15) dwelling units / acre; (b) Side yard setback: none, except where abutting the low density residential zone the minimum setback shall be twenty (20) feet, plus an additional setback of one (1) foot for each foot of height above thirty-five (35) feet; (c) Rear yard setback: none, except where abutting the low density residential zone the minimum setback shall be twenty (20) feet, plus an additional setback of one (1) foot for each foot of height above thirty-five (35) feet; (d) Front yard setback requirements: none, except that for residential uses with garages facing a public right of way, the garage shall have a setback five (5) feet greater than that of the principal structure; (e) Maximum building coverage: Sixty-five percent (65%) base maximum, provided that through the use of any combination of the following, development coverage may be increased to a maximum of eighty-five percent (85%); (1) Projects with two or more stories: Ten percent (10%) bonus; (2) Projects containing mixed uses: Ten percent (10%) bonus; (3) Projects incorporating at least fifty percent (50%) of required parking underground or within the structure: Twenty percent (20%) bonus; (f) Maximum building height: Eighty (80) feet for residential uses, and Sixty (60) feet for non-residential uses. 20.92.070 DESIGN STANDARDS. (a) Blank facades. The horizontal dimension of any structure facing the perimeter of the site along a public right of way shall provide one of the following visual treatments for a width of twenty (20) feet at intervals not to exceed one-hundred (100) feet: (1) An offset with a minimum depth of five (5) feet; (2) A fayade material, texture or color that is visually different and distinct from that of the base material, texture or color; 61 Zoning Code Amendment (b) Structures containing general retail uses, restaurant uses, drinking place uses, or personal service business uses shall have the following features: (1) Large windows along any fayade facing the public sidewalk or a sidewalk providing circulation within the site. At least sixty-five percent (65%) of all such facades measured to ten (10) feet above sidewalk or surface grade shall be comprised of such windows. (2) Either a clearly identifiable entrance that is recessed or protruding at least three (3) feet, or a canopy or overhang extending at least five (5) feet over the sidewalk in the entrance area. 20.92.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC except as modified by the following: (a) Required parking for a non-residential use may be reduced by twenty percent (20%) if the project is within 1,300 feet of designated transit oriented development; (b) Parking for residential uses shall not exceed two (2) spaces per residential unit; (c) For each twenty (20) parking stalls, a landscaped area equal to one (1) parking stall shall be provided; (d) For each twenty (20) parking stalls one tree shall be installed within a landscaped area. Such trees shall meet the minimum plant material sizes as set forth in Chapter 20.50 BMC. 20.92.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC, and the following requirements. (a) Where a side or rear lot line of a non-residential use is adjacent to a residential zone, screening with the following characteristics shall be provided: (1) A solid, view-obscuring wall or fence 6' in height; (2) A landscaped bed at least 5 feet in depth abutting the solid wall on the side facing the residential zone; 20.92.100 SIGN STANDARDS Signage shall meet the standards of Chapter 20.52 BMC, except that all free standing signs shall be limited to monument signs not exceeding eight (8) feet in height and sixty (60) square feet in area. SECTION 13. Chapter 20.94 of the Bremerton Municipal Code entitled "Industrial" is hereby created to read as follows: CHAPTER 20.94 INDUSTRIAL (I) 20.94.010 INTENT. The intent of the industrial zone is to accommodate light and heavy industrial uses in locations where there is limited interaction with residential uses. Uses include large scale and!or heavy industries in a manner that reduces impact to the community while meeting industry's needs for easy access, large sites, and locations that do not cause conflicts with residential and other less intense use areas. 62 Zoning Code Amendment 20.94.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Heavy Industrial/Manufacturing; (b) Light Industrial/Manufacturing; ( c ) Warehousing; (d) General office and business services over 5,000 gross sq. ft. ( e) Automobile Service & Repair; (f) Car wash; (g) Gas station; (h) Outdoor storage; (i) Nursery & Greenhouse; (j) Recycling collection station; (k) Kennel; (1) Outdoor athletic fields; (m) Stadiums & sports complexes; (n) Public facilities; (0) Transportation facilities; (P) Wireless communications facilities per Chapter 20.56 BMC. 20.94.030 CONDITIONAL USES. Uses in the following categories may be permitted in the Industrial zone through a Conditional (Special) Use Permit pursuant to Chapter 20.40 BMC: (a) Junk yard provided; (1) The use is not adjacent to a residentially zoned lot; (2) A view-obscuring screen consisting of a solid wall or dense evergreen shrub to a height often (10) feet is provided along all lot lines; (b) Adult business as defined in Chapter 20.02 BMC; (c) Group Residential Facility Class II provided the facility will not create an operational conflict with the efficiency of large-scale industrial uses. 20.94.060 DEVELOPMENT STANDARDS. Lot development requirements shall be in accordance with the following standards unless otherwise allowed by law: (a) Front yard setback. Ten (10) feet, except twenty (20) feet where abutting or across a public right of way from a residential zone; (b) Side yard setback. None except twenty (20) feet where abutting a residential zone; (c) Rear yard setback. None except twenty (20) feet where abutting a residential zone; (d) Maximum building coverage: None except all setbacks and landscaping standards shall be met. ( e) Maximum development coverage: none except all setbacks and landscaping standards shall be met; (f) Maximum building height: Fifty (50) feet for structures intended for human occupancy, and no height limit for unoccupied structures such as cranes, antennas, and mechanical apparatuses employed in industry, provided setback requirements are met. 63 Zoning Code Amendment (g) Where abutting a residential zone structures shall be set back one (1) additional foot for each additional foot of height above thirty-five (35) feet. 20.94.080 PARKING REQUIREMENTS. Off street parking shall be provided in accordance with Chapter 20.48 BMC. 20.94.090 LANDSCAPING REQUIREMENTS. Landscaping shall be provided per the requirements set forth in Chapters 20.50 BMC, or as otherwise modified in this section. (a) Where a heavy industrial/manufacturing use is abutting a residentially zoned lot, including across an alley or public right of way from a residentially zoned lot, a landscape buffer consisting of the following features shall be provided: (1) A solid, view-obscuring wall or fence eight (8) feet in height; (2) A landscaped strip installed and maintained by the industrial use, at least five (5) feet in depth adjacent to the solid wall on the side facing the residential zone. 20.94.100 SIGN STANDARDS. Signs shall meet the requirements set forth in Chapter 20.52 BMC. SECTION 14. Chapter 20.96 of the Bremerton Municipal Code entitled "City Utility Lands (CUL)" is hereby created to read as follows: CHAPTER 20.96 CITY UTILITY LANDS (CUL) 20.96.010 INTENT. The intent ofthe City Utility Lands (CUL) zone is to preserve resource-related functions of land, and to protect watersheds and timberlands. The CUL zone is also intended to ensure healthy forest cover and provide habitat for wildlife. The zone will accommodate some limited commercial and recreational activities, which adhere to a high standard of environmental best management practices, and low impact development. 20.96.020 OUTRIGHT PERMITTED USES. The following uses are permitted: (a) Public utilities functions and activities, and non-residential structures necessary to execute such functions and activities; (b) Hydropower activities and facilities; (c) Wireless telecommunications facilities per Chapter 20.56 BMC; (d) Groundwater development and aquafier protection; (e) Forest and wildlife management activities and forest practices; (f) Educational and resource activities compatible with forest resources; 20.96.030 ACCESSORY USES. The following accessory uses may be permitted: (a) Caretaker's residence associated with a permitted use; (b) Temporary quarters associated with a permitted use. 64 Zoning Code Amendment I I 20.96.040 CONDITIONAL USES. A Conditional Use Permit, approved pursuant to BMC 20.46.010 may permit the following uses. The conditional use permit may allow modifications to parking, landscaping and other development requirements necessary to mitigate environmental impacts. (a) Residential development provided: (1) The project consists of attached or detached single-unit dwelling units, townhouses, or senior housing complex; (2) The location does not interfere with City public utility functions and activities; (3) The location is adjacent to an existing recreational or residential use; (4) Sustainable development and best environmental management practices are employed to minimize environmental impacts such as: (i) Low impact stormwater management and natural drainage; (ii) Preservation of significant trees; (iii) Clustered development; (iv) Minimization of impervious surfaces; (5) Maximum density shall be ten (10) dwelling units per acre, except twenty (20) dwelling units per acre for senior housing complexes; (6) Development standards per the low density residential zone, BMC 20.60.070 (a)(2) through 20.60.070(d) are met; (b) Passive outdoor public recreation such as trails: (1) The location does not interfere with City public utility functions and activities; (2) The location is adjacent to an existing recreational or residential use; (3) Sustainable development and best environmental management practices are employed to minimize environmental impacts such as: (i) Low impact stormwater management and natural drainage; (ii) Identification and preservation of significant trees; (iii) Minimization of impervious surfaces. 20.96.060 DEVELOPMENT STANDARDS. Development standards for Conditional Uses shall be pursuant to the criteria set forth in BMC 20.96.040. 20.96.080 PARKING REQUIREMENTS. Parking shall meet the standards of Chapter 20.48 BMC and the following requirements: (a) Parking may not exceed two stalls per residential dwelling unit; (b) On-site parking requirements for a permitted or a conditional use may be reduced by up to forty percent (40%) provided it can be demonstrated through a parking analysis that the reduction would decrease impervious surface area, and the reduction would not cause parking to spill over into adjacent areas. 65 Zoning Code Amendment 20.96.090 LANDSCAPING REQUIREMENTS. Landscaping shall meet the standards of Chapter 20.50 BMC, except landscaping requirements may be modified or reduced if it can be demonstrated that such modifications or reductions preserve existing or native vegetation. 20.96.100 SIGN STANDARDS. Signage shall meet the standards of Chapter 20.52 BMC. SECTION 15. Chapter 20.97 of the Bremerton Municipal Code entitled "Watershed (WS)" is hereby created to read as follows: CHAPTER 20.97 WATERSHED (WS) 20.97.010 INTENT. The intent of the Watershed (WS) zone is to protect the Bremerton public water supply by controlling activities and maintaining high water quality at the source, consistent with State and Federal regulations. It is further intended to maintain strict control of access to and activities within the Union River drainage to allow the Union River water supply source to continue in its unfiltered status. 20.97.020 OUTRIGHT PERMITTED USES The following uses are permitted: (a) Public utilities functions and activities related to the monitoring and distribution of potable water; (b) Hydropower activities and facilities; (c) Forest and wildlife management activities, and forest practices; (d) Educational and resource activities compatible with public water supply; (e) Groundwater development and aquafier protection; (f) Location of wireless telecommunications facilities per Chapter 20.56 BMC; 20.97.030 ACCESSORY USES The following accessory uses may be permitted: (a) Caretaker's residence or gate guard associated with an outright permitted use; (b) Non-residential structures necessary for the execution of an outright permitted use; (c) Temporary quarters associated with an outright permitted use. 20.97.060 DEVELOPMENT STANDARDS Development shall be in accordance with the following standards: (a) All developments shall minimize the amount of impervious surface to that necessary to execute a permitted use; (b) Sustainable development and best environmental management practices shall be employed to minimize environmental impacts such as: (1) Low impact stormwater management and natural drainage; (2) Identification and preservation of significant trees; 66 Zoning Code Amendment (3) Minimization of impervious surfaces. 20.97.080 PARKING REQUIREMENTS Parking shall meet the standards of Chapter 20.48 BMC, except required parking may be reduced or waived by the Director in the Watershed zone in order to reduce impervious surface area. 20.97.090 LANDSCAPING REQUIREMENTS Landscaping shall meet the standards of Chapter 20.50 BMC, except landscaping requirements may be modified or reduced if it can be demonstrated that such modifications or reductions preserve existing or native vegetation. 20.97.100 SIGN STANDARDS Signage shall meet the standards of Chapter 20.52 BMC. SECTION 16. Chapter 20.98 of the Bremerton Municipal Code entitled "Institutional (INST)" is hereby created to read as follows: CHAPTER 20.98 INSTITUTIONAL (INST) 20.98.01 0 INTENT. The intent of the Institutional Zone (INST) is to provide for continued operation and facilitate managed growth of existing major institutions within the City. Institutions in the zone shall also be compatible with surrounding neighborhoods. Major institutions include the Olympic College Campus, and the Harrison Hospital. 20.98.020 OUTRIGHT PERMITTED USES The following uses are permitted: (a) Hospitals; (b) Medical offices and clinics; (c) Higher education and colleges; (d) Schools and education uses; ( e) General office and business services; (f) Residential uses of the following types: (1) Group residential facility - Class I; (2) Nursing convalescent home; (3) Senior housing complex; (g) Community uses; (h) Worship, religious and related facilities; (i) Welfare and charitable services and facilities; (j) Day care facilities, all; (k) Public administration uses; (1) Public facilities; (m) Restaurants without (no drive-through facilities); (n) General retail associated with an institution (no drive-through facilities); 67 Zoning Code Amendment (0) Outdoor athletic fields and parks; (P) Transportation facilities; (q) Parking as a principal use; (r) Location of wireless telecommunications facilities per BMC 21.02.335. 20.98.030 ACCESSORY USES. Any subordinate use with a direct connection to or association with the core functions of a higher education college or a hospital may be permitted by the director as an accessory use. 20.98.060 DEVELOPMENT STANDARDS Development shall be in accord with the following standards: (a) Front setback: None except ten (10) feet where adjacent to any lot not within the Institutional zone; (b) Side yard setback: None, except twenty (20) feet where adjacent to any lot not within the Institutional zone; (c) Rear yard setback: None, except twenty (20) feet where adjacent to any lot not within the Institutional zone; (d) Maximum height: Eighty-five (85) feet provided all upper level setback requirements are met; (e) Upper level setbacks: where adjacent to any lot not within the Institutional zone structures shall be set back one (1) additional foot for each additional foot of height above thirty- five (35) feet. 20.98.080 PARKING REQUIREMENTS Parking shall meet the standards of Chapter 20.48 BMC. 20.98.090 LANDSCAPING REQUIREMENTS Landscaping shall meet the standards of Chapter 20.50 BMC. 20.98.100 SIGN STANDARDS Signage shall meet the standards of Chapter 20.52 BMC. SECTION 17. Effective Date of Zoning Provisions. The provisions contained in Sections 1 through 16 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 18. 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. 68 Zoning Code Amendment I I SECTION 19. 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 "Z:L() ,2005 ~ DAREN NYGREN, Cou Approved this /~..Odayof J.lI'';~xAJ '2005~ e7~2 CARY ~ZEMAN, Mayor 7 APPROVED AS TO FORM: PUBLISHED the /jt;J..) day of ~~ EFFECTIVE the ~ day of ~ ORDINANCE NO. ./.f9~t, ,2005 , 2005 R:\LEGAL\Ordinances\Community Development\2005 Zoning Code Amendment\Package 4\Package 4 Ordinance.doc 69 Zoning Code Amendment Figure 20.48( a) Parking Minimum Design Requirements 00 22' 0" 8' 0" 10' 0" 18' 0" 300 8' 6" 1 7' 0" 12' 0" 20' 0" 450 8' 6" 17' 4" 12' 3" 10' 0" 500 8' 6" 18' 0" 12' 9" 20' 0" 550 8' 6" 18' 6" 13'3" 20' 0" 600 8' 6" 18' 10" 14' 4" 20' 0" 650 8' 6" 19' 0" 15' 2" 21' 0" 700 8' 6" 19' 2" 16' 0" 21' 6" 750 8' 6" 19' 0" 1 7' 6" 22' 0" 900 8' 6" 17' 11" 22' 6" 22' 6" .. c .... D .... c . A / 20.48(a) Off-Street Parking PC Package #5 Review Downtown Regional Center Maximum Building Heights EXHIBIT: Ordinance # Fi ure # 20.74 (a) PugetS ound Naval Shipyard " \ \ \ \ \ ~\\ \ ""'" > / / " " " \ \ .... <", \/ * The overall height limit is 70 feet as measured pursuant to Bremerton SMP Chapter 8 Definitions, Height, and WAC 173-27-030 (9), provided that at no point shall a structure be more than five stories plus five feet above the elevation of Washington Avenue at the site's front property line (edge of right-of-way). The added height of any roof structure shall be excluded from the height determination. AFFIDAVIT OF PUBLICATION Account #42742/ Ad # 100170196 STATE OF WASHINGTON COUNTY OF KITSAP I, Sarah Weller, 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 KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: , September 13, 2005 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $58.82 which amount has not been paid in full. S~J.,-~~ (Signature of Principal Clerk) Subscribed and sworn to before me this day of September 22,2005. ~ J.J.Y1J..)/:J-O A rl Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4946' ":'uJ,t AN ORDINANCE of the City Council ofthe City of Bremerton, Washington, adopting amendments to the City Zoning Code by adding new chapters as follows: Chapter 20.18 entitled "Text Amendments," Chapter 20.48 entitled "Off-Street Parking," Chapter 20.50 entitled "Landscaping Standards," Chapter 20.52 entitled "Sign Requirements," Chapter 20.54 entitled "Nonconforming Provisions," Chapter 20.58 entitled "Land Use Permits," Chapter 20~74 entitled "Business Core (BC)," Chapter 20.75 entitled "Downtown Core," Chapter 20.76 entitled "Downtown Waterfront," Chapter20.79 entitled "Multiple Residential (MR)," Chapter 20.90 entitled "Industrial Park (IP)," Chapter 20.92 entitled "Employment Center (EC)," Chapter 20.94 entitled "Industrial," Chapter 20.96 entitled "City UtilityLands (CUL)," Chapter 20.97 entitled "Watershed (WS)," and Chapter 20.98 entitled "Institutional (INST);" all of which shall become effective upon the effective date of the ordinance adopting the Official Zoning Map.- PASSED by the City Council the 7th day of September, 2005.- The full text of this ordinance is available from the City Clerk's Office, 345 6th Street, Suite 600, Bremerton, WA98337.- September 13,2005"#100170196-