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HomeMy WebLinkAbout4977 ORDINANCE NO. 4q77 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending numerous sections ofthe Zoning Code, Title 20 of the Bremerton Municipal Code relating to development standards, sign code, nonconforming uses, and administrative provisions. WHEREAS, the City Council adopted ordinance 4950 on November 30, 2005 establishing a new Zoning Code, Title 20 of the Bremerton Municipal Code; and WHEREAS, through practical use and application of the new Zoning Code the need for several minor modifications have been identified; and WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20.18.020( d) of the Bremerton Municipal Code (BMC), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the comprehensive plan and to be consistent with other city, state, and federal codes, regulations and ordinances; and WHEREAS, these minor amendments are consistent with the City's Comprehensive Plan, County Wide Planning Policies, The State Growth Management Act, and other city, state, and federal codes regulations and ordinances; and WHEREAS, on June 30, 2006 the proposed Zoning Code amendments were circulated to the State Agencies for the requisite 60-day review and comment period; and WHEREAS, on July 8,2006 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on July 18, 2006 the Planning Commission conducted the public hearing on the minor Zoning Code amendments and formulated a recommendation for City Council consideration; and WHEREAS, on July 24, 2006 a SEP A DNS was issued for the proposed action with an administrative appeal deadline of Aug. 4, 2006 and no appeals were filed; and WHEREAS, on Aug. 26, 2006 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on Sept. 6, 2006 the City Council conducted a public hearing and considered all testimony prior to their decision; NOW, THEREFORE, 1 Zoning Code Amendments THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. Subsection 6.32.10 (c) ofthe Bremerton Municipal Code entitled "Definitions" relating to Noise Levels is hereby amended to read as follows: (c) "District" means the land-use zones to which the provisions of this chapter apply. For the purposes of this chapter, the following noise control districts shall be established, which . 1 did d. d. h d. till mc u e an use zones eSlgnate mt e Bremerton zomng or mance, as 0 ows: Noise Control Land Use Zones District District I SFl, SF2, SF3, CBR, DR, MF R-I0, CCR, MR District II PG, NB, GB, SC, BC, BP, MX, PS, LPO, CC, WWRC, NCC, DCC, NB, DW, DC, LC, EC, INST, District III IP, lGI, W&CUL, FMWS, ML FC SECTION 3. Section 20.02.090 of the Bremerton Municipal Code entitled "Determination of Completeness" relating to Project Permits is hereby amended by replacing the word incomplete with the word complete as follows: (b) Failure to Notify. Failure to provide a written determination within the required time shall automatically deem the application fficomplete. SECTiON 4. Subsection 20.04.210 (a) of the Bremerton Municipal Code entitled "Appeals" relating to the State Environmental Policy Act is hereby amended by clarifying the appeal period as follows: (a) The City establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680: (1) Any agency or person may appeal the City's procedural compliance with Chapter 197 -11 WAC for issuance of the following (The appeal must be made to the Administrative Hearing Examiner within ten (10) days of the date of issuance): (i) A final DNS; (ii) ADS: The appeal must be made to the .^~dministrative Hearing Examiner \vithin ten (10) days ofthe date the DS is issued. SECTION 5. Chapter 20.40 of the Bremerton Municipal Code entitled "Definitions" is hereby amended by including the definition of "Incubator for Business" and by adding language to "Worship and Religious Facility" to read as follows: 2 Zoning Code Amendments INCUBATOR FOR BUSINESS means a facility that provides organizationaL mentoring or capital support intended to accelerate the successful development of start-up companies, or imparts iob and business skills to employees or trainees. Incubated businesses make progress toward graduation to independence and relocation into permanent facilities. SECTION 6. Subsection 20.50.030 (a) of the Bremerton Municipal Code entitled "Exceptions" relating to Landscaping Standards is hereby amended to include short sub- divisions, as follows: (a) Landscaping standards do not apply to residential short sub-divisions or 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; SECTION 7. Figure 20.52 (a) of the Bremerton Municipal Code entitled "Freestanding Signs" relating to Sign Standards is hereby amended to read as follows: Freestanding Signs: Zone-Specific Size and Design Requirements4 Commercial Zones Freestanding Sign Type Max. Height Max. Sizel,2 Commercial Corridor (CC) Monument only 8' 60 sq. ft. Wheaton Way Redev. Corr. (WWRC) Monument only 8' 60 sq. ft. Neighborhood Business (NB) Monument only 6' 48 sq. ft. Limited Commercial (LC) Monument only ~8' 100 sq. ft. Freeway Corridor (FC) Any 35' 100 sq. ft.3 Marine Industrial (MI) Monument only 8' 100 sq. ft. Industrial Park (IP) Monument only 8' 100 sq. ft. Industrial (I) Any 25' - Downtown and Centers Zones Freestanding Sign Type Max. 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. SECTION 8. Subsection 20.58.060 (f) entitled "Development Standards" relating to Residential Cluster Developments is hereby amended to update the references to the critical area regulations, as follows: (f) Development Standards. The following standards are applicable to a RCD: 3 Zoning Code Amendments (1) Lot Requirements. (i) Density. The minimum and maximum density of the underlying zone shall apply. Within the low density residential (R-l 0) zone the density shall be detem1ined pursuant to the provisions in BMC 20.60.065,20.60.066, and 20.60.068. For the purposes of the RCD, unbuildable environmentally sensitive critical areas as defined in BMC 20.14.2&00 shall be included in the area for calculating density. A right-of-way assumption shall be deducted from the total area ofthe environmentally sensiti','c critical area. The assumed right-of-way deduction is a percentage of the total environmentally critical area equal to the percentage of the developable site devoted to rights-of way. SECTION 9. Sections 20.60.020 ofthe Bremerton Municipal Code entitled "Permitted Uses" relating to Low Density Residential Development is hereby amended to add incubator for businesses as an allowed use, as follows: 20.60.020 PERMITTED USES Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted accessory uses associated with a permitted principal use. The following uses are permitted outright: (a) Cemetery; (b) Co-location of wireless telecommunication per BMC Section 20.46.140. (c) Day care facility of 12 or fewer persons receiving care; (d) Education & Schools (K-12) of 12 or fewer students; (e) Foster home; (f) Group residential home; (g) Manufactured home per BMC Section 20.46.040; (h) Parks, playground and open space equal or less than 0.5 acres (21,780 square feet); (i) Single-unit dwelling unit - detached; (j) Single-unit dwelling unit - attach (Zero lot lines) per BMC Section 20.60.060(b); (k) Worship and religious facilities of20,000 square feet gross floor area or less; (1) Incubator for Business associated with a Worship and Religious Facility or Community Facilitv provided the following conditions are met: (1) The Incubated Business is a use that is permitted outright in the Neighborhood Business Zone Section 20.82.020; and (2) Landscaping and signage requirements of the Neighborhood Business zone, BMC Chapter 20.82 shall be met. (3) The parcel upon which the incubated business is situated shall have frontage on an arterial street. SECTION 10. Section 20.60.040 ofthe Bremerton Municipal Code entitled "Conditional Uses" relating to Low Density Residential Development is hereby amended to eliminate duplication by listing senior housing complex only once, as follows: 4 Zoning Code Amendments 20.60.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions. (a) Bed and breakfast, provided: (1) The operators of the business shall occupy the house as their primary residence; (2) No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are contained within the principal structure; (4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required; (5) Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets; (6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period; (7) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresident guests for compensation are allowed; and (8) Any remodeling ofthe residential structure shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b) Group residential facilities - Class I, provided: (1) All state licensing requirements are satisfied; (2) The site is located on a collector or higher street; (3) Minimum setbacks, height and lot coverage ofthe underlying zone shall apply; (4) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (5) If counseling services are provided to nonresidents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services; (6) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (7) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (c) satisfied. (d) Senior housing complex, provided the conditions set forth in BMC 20.46.090 are Nursing/convalescent homes, provided: (1) All state licensing requirements are satisfied; (2) The site is located on a collector or higher street; (3) Minimum site area shall be no less than one (1) acre; 5 Zoning Code Amendments (4) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (5) Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area; (6) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (7) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (e) Day care facilities (thirteen (13) or more persons receiving care), provided: (1) All state licensing requirements are satisfied; (2) The site is located on a collector or higher street; (3) Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load; (4) One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children; (5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; (6) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and (7) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area. (f) Adaptive reuse of public and semi-public buildings, provided the conditions set forth in BMC 20.46.070 are satisfied. (g) Manufactured home park or expansion of existing parks, provided: (1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation; (2) The minimum site size shall be five (5) acres; (3) Density shall meet the underlying zone; (4) Adequate water, sewer, and utility services are available to all building sites; (5) A fire protection system meeting the requirements of the City Fire Marshal is provided; (6) Interior circulation shall meet the City Engineer road standards plus the following standards: (i) All interior circulation routes shall be constructed within a tract or easement; (ii) Roads and driveways shall be paved; (iii) The City Fire Marshal and City Engineer shall approve all fire turnarounds; 6 Zoning Code Amendments (7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture: (i) From interior roads at least fifteen (15) feet from centerline of the tract or easement, but in no case shall the setback be less than five (5) feet from the paved surfaced edge; (ii) Structures near the perimeter lot lines of the property shall comply with the setbacks ofthe underlying zone; (iii) A minimum of ten (10) foot separation between all manufactured homes; (8) Off-street parking spaces shall be provided in the following manner: (i) One (1) parking space per home site; plus (ii) One (1) parking space for each five (5) home sites for guest parking; plus (iii) Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others; (9) Outside storage of vessels (boats), household items and equipment is prohibited, except a common central storage area may be provided for residents of the park. The storage area shall be screened by a minimum five (5) foot high by five (5) foot wide sight- obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the underlying zone; (10) Ten (10) percent of the site shall be maintained as common recreational open space for the use of residents and: (i) May include community areas and facilities such as playgrounds, swimming pools, and hobby and craft shops; (ii) However, it shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recreational enjoyment of the residents; (11) Trees meeting the standards set forth in Chapter 20.50 BMC shall be provided along all property lines abutting a residential zone and public streets. Exceptions for trees may be allowed when a property line abuts an alley or is obstructed by a building or other structure; (12) Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required; and (13) All water, sewer, electrical, and communication service lines shall be underground. (h) Worship and religious facilities greater than twenty thousand (20,000) square feet, provided: (1) The site is located on a collector or higher street; (2) The site area shall be one (1) acre or more; and (3) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. 7 Zoning Code Amendments (i) Golf course, provided: (1) A site plan review and a site development permit are approved pursuant to Chapter 20.58 BMC; (2) Through the conditional use permit, modifications to parking and landscaping may be allowed in order to facilitate good design; (3) Access to the site shall be from an arterial street or highway; and (4) Other conditions are applied as deemed necessary to mitigate impacts to nearby residential properties and ensure compatibility with the neighborhood. (j) Schools, parks and associated uses may be approved in accordance with the following: (1) The following uses are permitted through approval of a conditional use permi t: (i) All public schools and associated gymnasiums and auditoriums; (ii) Private schools (K-12) with thirteen (13) or more students; (iii) P arks and playgrounds greater than one- hal f (1/2) acre; (iv) Outdoor athletic fields; (v) Boat launching and related facilities; (vi) Maintenance and service yards; (vii) Bus and other vehicle and equipment maintenance and storage facilities; (viii) Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area; (ix) Buildings and structures for nonprofit groups on public lands; (2) Uses permitted pursuant to subsection (j)(1) of this section shall be subject to complying with the following conditions: (i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii) Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) The maximum height for any new construction may be increased to match the architecture of existing buildings; provided, that it is set back an additional foot from any property line for each additional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet; (iv) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (v) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and (vi) The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet, provided it enhances safety and security around an outdoor play area. (k) Public utility facilities located above ground, provided: (1 ) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening 8 Zoning Code Amendments purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and (3) Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification. (1) Law enforcement and fire facilities, provided: (1) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility. (m) Neighborhood businesses, provided: (1) The use is listed as a permitted use in BMC 20.82.020; (2) The use is a preexisting use that has legally operated within the previous twelve (12) month period; and (3) The use is not expanded beyond its existing footprints. (n) Senior housing complex, pro'/ided the conditions set forth in BMC 20.16.090 are satisfied. SECTION 11. Subsection 20.64.060 (a) ofthe Bremerton Municipal Code entitled "Lot Development Standards" relating to the Wheaton Way Redevelopment Core is hereby amended to modify the height requirement, as follows: (a) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law: (1) Maximum front yard setback is five (5) feet except that front yard setback may be increased if the Director finds that such increase is necessary to accommodate pedestrian features per BMC Section 20.64.070 or equivalent. At least sixty-five percent (65%) ofthe building's front fac;;ade must meet the maximum front yard setback; (2) Minimum side yard setback is zero from non residential zones, and thirty (30) feet from the low density residential zone; (3) Minimum rear yard setback is zero from non residential zones, and thirty (30) feet from the low density residential zone; (4) Maximum building coverage. Fifty percent (50%) unless increased per BMC Section 20.64.060(c). In no case shall maximum lot coverage exceed seventy-five percent (75%); (5) Maximum development coverage. Seventy-five percent (75%) unless increased per BMC Section 20.64.060(c). In no case shall maximum lot coverage exceed ninety- five percent (95%); 9 Zoning Code Amendments (6) Maximum height. Forty (40) feet, except that and structures within one hundred (100) feet of the Low Density Residential zone shall not exceed thirty fi','(l (35) f-('Jet three stories in height. SECTION 12. Subsection 20.79.060 (a) ofthe Bremerton Municipal Code entitled "Lot Development Requirements" relating to the Multiple Residential Zone is hereby amended to reference figure 20.74 (a), as follows: (a) Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise: (1) Density. (i) No maximum density; (ii) Minimum: five (5) dwelling units per acre; (2) Setbacks. (i) Minimum front yard setback: ten (10) feet; (ii) Minimum side yard setback: five (5) feet; (iii) Minimum rear yard setback: ten (10) feet; (iv) Zero (0) lot line development: an attached single-family dwelling and/or garage structure may have a shared single side or rear lot line, and a setback reduced to zero (0), provided the structure complies with building code fire separation requirements; (3) Minimum lot area: three thousand (3,000) square feet; (4) Maximum height: fifty (50) feet Height limit is pursuant to figure 20.74 ill; (5) Maximum building coverage: eighty (80) percent. SECTION 13. Section 20.82.060 of the Bremerton Municipal Code entitled "Development Standards" relating to the Neighborhood Business Zone is hereby amended to read as follows: (a) Maximum front yard setback: ten (10) feet. At least seventy-five (75) percent of a building's front facade must meet the maximum front yard setback; (b) Side yard setback: zero (0) except ten (10) feet from residential zones; (c) Rear yard setback: zero (0) except ten (10) feet from residential zones; (d) Maximum building size: non-residential usesbuildings may not exceed a footprint of five thousand (5,000) gross square feet at ground level; (e) Maximum building coverage: eighty-five (85) percent; (f) Maximum development coverage: eighty-five (85) percent; (g) Maximum building height: thirty-five (35) feet; (h) Maximum building heights within the downtown regional center are pursuant to Figure 20.74(a), and shall supersede subsection (g) of this section; (i) Outdoor storage of any kind shall be prohibited, except for refuse and recycling containers, which shall meet the standards set forth in Chapter 20.46 BMC. 10 Zoning Code Amendments SECTION 14. Section 20.84.060 ofthe Bremerton Municipal Code entitled "Development Standards" relating to the Limited Commercial Zone is hereby amended to read as follows: 20.84.060 DEVELOPMENT STANDARDS. (a) Maximum front yard setback: ten (10) feet. At least seventy-five (75) percent of a building's front facade must meet the maximum front yard setback. (b) Minimum side yard setback: zero (0) except ten (10) feet from residential zones and the upper level setback requirements contained in BMC 20.84.070. (c) Minimum rear yard setback: zero (0) except ten (10) feet from residential zones and the requirements contained in BMC 20.84.070. (d) Maximum building size: non-residential uses may not exceed fifteen thousand (15,000) gross square feet at ground level. (e) No maximum building coverage, provided all setbacks and landscaping standards are met. (f) No maximum development coverage, provided all setbacks and landscaping standards are met. (g) Maximum building height: fifty (50) feet. (h) Maximum building heights within the downtown regional center are pursuant to Figure 20.74(a), and shall supersede subsection (g) of this section. (i) Ma)cimum density of socondary residential uses: ten (10) units per acre. SECTION 15. Severabilitv. If anyone or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 16. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after the date of passage as provided by law. PASSED by the City Council the 1,,~..Ju day of .4t -ph..-v-J.J.-lA) , 2006 Approved this I~) day of xit 1rh-~./-t'A ) , ,2006 11 Zoning Code Amendments APPROVED AS TO FORM: ~~AttomeY~ ATTEST: PA PUBLISHED the /J:tAJ day of 1J.~ EFFECTIVE the ~ L day of 'J, ORDINANCE NO. l/q77 ,2006 ,2006 R:\Legal\Legal\Ordinances\Community Development\2006 Zoning Code amendments. doc 12 Zoning Code Amendments Exhibit A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary - Since the adoption of the new Zoning Code on November 30, 2005 the need for several minor amendments have been identified through day to day use and application of the code. BMC chapter 20.18 "Text Amendments" directs staff to bring amendments that result in any substantive change of content or meaning to a public hearing by the Planning Commission and then City Council for review and adoption. Planning Commission conducted a hearing on July 18, 2006 and made a recommendation to approve 12 amendments to the Zoning Code. Changes include modification to project permit requirements, clarification for the State Environmental Policy Act, and minor changes to development standards. I. FINDINGS OF FACT 1. Project Description Minor modifications to the zoning code are proposed in different sections of the code. The proposed amendments include modification to project permit requirements, clarification for the State Environmental Policy Act, and minor changes to development standards. 2. Procedural History 2.1 June 30, 2006 sent CTED notification 2.2 July 8, 2006 Notice of Public Hearing 2.3 July 18, 2006 Planning Commission Public Hearing 2.4 July 24, 2006 Issuance of SEPA DNS 3. Public Comment 3.1 Individuals providing verbal testimony at Planning Commission public hearing: a. Pastor Larry Robertson of Emmanuel Apostolic Church 4. SEPA Determination SEPA determination on this will be completed following the comment period which will end on Aug. 7,2006. Staff anticipates a Determination of Non-Significance (DNS). 5. Consistency Amendments to the Zoning Code Zoning Code text amendments shall meet the decision criteria outlined in BMC 20.18.020 (d). The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Zoning Code text if the criteria outlined below are met. 20.18.020 (d) (1) allows amendments to the Comprehensive Plan if it is consistent with the goals and policies of the Comprehensive Plan. Exhibit A . The amendments are very minor and uphold the objectives and goals of Comprehensive Plan. These amendments do not change the intent or purpose of the zoning code, which was significantly modified in November 2005 to become consistent with the Comprehensive Plan. 20.18.020 allows amendments to the Comprehensive Plan if it does not conflict with other City, state and federal codes, regulations and ordinances. . The amendments to the Zoning Code do not conflict with any other regulations. II. CONCLUSIONS & RECOMMENDATION Based on the findings above, Planning Commission concludes that The Zoning Code amendments meet the requirements in BMC 20.18.020, text amendments to the Zoning Code and therefore recommends the adoption of the amendments to the Zoning Code. Respectfully submitted by: Executive Secretary Approved by: John Cockburn, Chair AFFIDAVIT OF PUBLICATION Account # 42742/ Ad # 129566 ST ATE 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 ofthe 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, 2006 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 $29.86 which amount has not been paid in full. ~~.. Lu-fl~ (Signature of Principal Clerk) ~'~~; ':',;:; ~'; ,<\\ - , ,~ ~ ,. .. , . 'V;_ \t ... ~'" Q "-i' - t) , ,'A' \..1 . ,\'3"..01, ".... ~ A' '\. C,J ~,,-...' 0(. \...:.\ 1A../ Q 0 '.:J '''' . 0' . .., I, " "'<;<," ) .~,. c' (), I', J'"J 0,0...;'\ . .It!." I) ~,."-~2;, "\ I. c."'" .i .J" '.,1', ,- _ ~ '~~.. ,t.: .:.:, ,li ; r...'). '" " C.-'. "~' . i2: "'" ,.,", .j,'.. 0 7l'. ," . ,.. .0 c "" "<".... . \~ '-' \.< ,-.,,- . ')" . v < \\:) ~~ f.. \;//"'S0..\'\" . "\.'0~~ AN ORDINANCE of the City Council ofthe City of Bremerton, Washington, amending numerous sections of the Zoning Code, Title 20 of the Bremerton Municipal Code relating to development standards, sign code, nonconforming uses, and administrative provisions. Subscribed and sworn to before me this day of September 19,2006 _'~~;VV -~ Notary Public in and for the State of Washington, Kitsap County. / ORDINANCE NO. 4977 PASSED by the City Council the 6th day of September, 2006. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337. September 13, 2006.................AD #20017075