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ORDINANCE NO. 5D08
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, making a minor amendment to BMC ~
17.04.040 Buildings and Construction and several minor amendments
to BMC Title 20, the Zoning Code including definitions, outright
allowed uses for several zones, development standards for several
zones, accessory dwelling unit requirements, fencing requirements,
landscaping requirements, and sign standards.
WHEREAS, the City Council adopted ordinance 4950 on November 30, 2005
establishing a new Zoning Code; and
WHEREAS, through practical use and application ofthe 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 February 6, 2007 the proposed Zoning Code amendments were
circulated to the State Agencies for the requisite 60-day review and comment period; and
WHEREAS, on February 9,2007 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 February 20, 2007 the Planning Commission conducted a public
hearing on the minor Zoning Code amendments, formulated a recommendation for further
Planning Commission Study prior to the recommendation to City Council.; and
WHEREAS, on March 10, 2007 the public was notified by a legal advertisement
in the Kitsap Sun of the opportunity to make comment and participate in the second public
hearing held by the Planning Commission; and
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2007 Zoning Code Amendments
WHEREAS, on March 20, 2007 the Planning Commission conducted the second
public hearing on the minor Zoning Code amendments and formulated a recommendation to
forward the amendments for City Council consideration; and
WHEREAS, on February 22,2007 a SEPA DNS was issued for the proposed
action with an administrative appeal deadline of March 8, 2007 and no appeals were filed; and
WHEREAS, on April 21, 2007 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 May 2, 2007 the City Council conducted a public hearing and
considered all testimony prior to their decision.
NOW, THEREFORE, 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. Section 17.04.040 of the Bremerton Municipal Code entitled
"Work Exempt from Permit" relating to Amendments to the International Building Code is
hereby amended to no longer require building permits for fences under 6' in height as follows:
17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE -
ADMINISTRATION.
The following local amendments to the International Building Code previously adopted in
BMC 17.04.030 are hereby adopted and incorporated into the International Building Code:
(a) General- Building Code Appendices Adopted. Section 101 of the International
Building Code, entitled "General," is amended by adding the following new Subsection 101.5:
Sec. 101.5 Building code appendices adopted. Appendices C, H,
I, and J to the International Building Code are hereby adopted;
however, the public works director shall have the authority to
enforce and interpret Appendix J and, accordingly, all references to
the "building official" in Appendix J shall be substituted with the
words "public works director."
(b) Duties and Powers of Building Official- Lot Lines and Setback Lines. Section
104 of the International Building Code, entitled "Duties and Powers of Building Official," is
amended by adding the following new Subsection 104.12:
Sec. 104.12 Lot lines and setback lines. Notwithstanding the
authority of the building official to administer and enforce the
building code, the building official shall have no duty to verify or
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2007 Zoning Code Amendments
establish lot lines or setback lines. No such duty is created by this
code, and none shall be implied.
(c) Volork Exempt from Permit. Section 105.2 of the International Building Code, entitled "\V ork
exempt from permit," is amended by amending building exemption number 2 as follows:
2. Fences not over 2 feet high.
(df) Board of Appeals. Section 112 ofthe International Building Code, entitled "Board of
Appeals," is amended by substituting Section 112 with the following:
Sec. 112 Board of appeals. The City of Bremerton hearings
examiner is designated as the board of appeals in order to hear and
decide appeals of orders, decisions, or determinations made by the
building official relative to the suitability of alternate materials,
design, and methods of construction and appeals of the reasonable
application and interpretation of the building codes. Appeals shall
be made as set forth in section 17.04.140 of the Bremerton
Municipal Code.
SECTION 3. Chapter 20.40 of the Bremerton Municipal Code entitled
"Definitions" relating to Accessory Dwelling Units, carports, garages, medical offices and
clinics, storage buildings, and shops are hereby amended to read as follows:
ACCESSORY DWELLING UNIT (ADU) means a second dwelling unit on a lot with an
existing principal unit added to or created '.vi thin an existing single unit residential structure
(principal structure) or "vithin a detached accessory structure (guest house, cottage, or as part of
or above a garage) for use as a complete, independent or semi-independent living unit with
provisions for cooking, eating, sanitation and sleeping, and which complies with the
development and design standards contained in this code for ADUs (BMC 20.46.010).
"CARPORT" means an attached or detached partially enclosed accessory structure intended
primarily for the storage of private vehicles such as automobiles, light trucks, or recreational
vehicles which is open to the weather on at least two sides.
"GARAGE" means an attached or detached enclosed accessory structure intended primarily for
the storage of private vehicles such as automobiles, light trucks or recreational vehicles.
MEDICAL OFFICE and CLINIC means an establishment primarily engaged in providing
medical, dental or other health care services to patients on the premises, but which excludes
facilities for overnight patient care. Medical clinics that do not have facilities for overnight
patient care are included. Veterinary offices and clinics that do not ha'/e facilities for overnight
care are included.
"SHOP" refer to the definition of "Storage Building"
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2007 Zoning Code Amendments
"STORAGE BUILDING and SHOP" means an attached or detached accessory structure
which is used for non-commercial storage of household goods or non-commercial recreational
and hobby uses in association with the principal use.
SECTION 4. Section 20.46.010 of the Bremerton Municipal Code entitled
"Accessory Dwelling Units" is hereby amended to read as follows:
20.46.010 ACCESSORY DWELLING UNITS
An Accessory Dwelling Unit (ADU) may be installed where a new or existinlS.-single-family
dwelling unit (hereafter-principal unit) is allowed. Accessory Dwelling Units are exempt from
density requirements and shall be subject to the following specific development, design and
owner-occupancy standards.
(a) An ADU shall comply with the development standards of the underlying zone for
the principal unit including setbacks, height, and lot coverage.
(b) An ADU may be attached or detached from the principal unit.:. only if incorporated
into an accessory garage structure.
(c) Only one (1) ADU may be created per lot residence.
(d) The property owner, which shall include titleholders and contract purchasers,
must occupy either the principal unit or the ADU as their permanent residence for at least six (6)
months out of the year.
(e) An ADU shall be limited to not more than:
(1) Sixty Ferty (604Q) percent of the principal unit's total floor area (not
including basement) and;
(2) One-thousandEight hundred (1.000&00) square feet maximum, nor less
than three-hundred-C300) square feet;
(3)Two (2) bedrooms.
(f) Any attached ADU shall be designed so that the appearance of the building
remains that of a single-family residence including the following:
(1) Constructed of similar the same materials and siding as the principal unit;
(2) A roof of equal or greater pitch as the principal unit;
(3) A height not more than twenty-five percent 25% greater than the principal
unit not to exceed the height limit of the zone.
(g) The entrance to an attached ADD shall not be on the same fa<(ade ofthe structure
as an entrance to the principal unit.
(h) Accessory Dwelling Units shall provide (1) one off street parking space with up to
one bedroom shall provide one (1) off street parking space, and ,\DUs \vith two bedroom shall
provide two (2) off street parking spaces in addition to that which is required for the principal
unit.
(i) When development of an ADU is for people with disabilities, the Director may
allow reasonable deviation from the stated requirements to install features that facilitate
accessibility such as those required by the International Building Code.
An ADU shall have a deed restriction recorded with the Kitsap County Auditor to
indicate the presence of the ADU, the requirement of owner-occupancy, and other
standards for maintaining the unit as described above.
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2007 Zoning Code Amendments
SECTION 5. Section 20.46.020 of the Bremerton Municipal Code entitled
"Fences and Walls" is hereby amended by as follows:
20.46.020 FENCES AND WALLS
(a) Fences and walls shall observe the following height and setback requirements:
(1) Residential Zones:
(i) Maximum height shall be six (6) feet.
(ii) Maximum height within the front yard setback area shall be
fourthree (1:J) feet:.; except an open mesh cyclone type fence may not exceed a height of forty
eight (48) inches.
(iii) On comer lots with a specified front yard setback on each street
frontage, both frontages will require a height of no more than four (4) feet.
(iv) To obtain a six (6) foot high fence on a comer lot a fence permit is
required. nhe Director can determine that the street frontage of the residence's principal
orientation is a "primary frontage" and may permit a six (6) foot maximum height fence in the
yard on the other (secondary) frontage only if all of the following conditions are met:
a. The higher fence will not block any existing front yard
views from an adjoining residence with its principal orientation to that same street;
b. The higher fence will not be closer to the residence's front
property line on the street of principal orientation than the closest part of the front fac;ade of the
residence;
c. The higher fence will not encroach into the front yard of the
primary frontage where the maximum height limit in BMC Section 20.46.020(a)(1)(ii) takes
precedence.
(v) Six (6) foot tall side yard fences may not proiect into the front yard
setback except when the house's front fac;ade is within the front yard setback area, in which case
the taller fence may extend no further than the front fa<;ade of the house.
(2) Commercial Zones:
(i) Maximum height shall be eight (8) feet.
(ii) Maximum height shall be six (6) feet when adjacent to a public
right-of-way, or to a residential zone.
(3) Industrial Zone:
(i) Maximum height shall be ten (10) feet.
(ii) Maximum height shall be six (6) feet when adjacent to a public
right-of-way, or to a residential zone.
(4) District and Neighborhood Center Zones:
(i) Maximum height shall be four (4) feet in front yard setback areas.
(ii) Maximum height shall be six (6) feet for side and rear yard setback
areas.
(iii) To obtain an eight (8) foot tall fence a fence permit is required.
The Director may allow for a maximum height of up to eight (8) feet in side and rear yard
setback areas provided the use is non-residential and the fence is necessary for security purposes.
(5) Essential Public Facilities:
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2007 Zoning Code Amendments
(i) Essential Public Facilities may have up to ten (10) foot tall fences
in any zone through a fence permit application provided the fence is the minimum necessary for
security purposes.
(b) A Type II Conditional Use Permit may be granted for fences or walls up to eight
(8) feet high in a side or rear yard only if the fence or wall is necessary to provide privacy and
security between a residential and a non-residential use.
(c) Fences and walls shall notJblock or hinder the sight distance of traffic. Exact
location and design of a fence or wall is subject to the approval of the City Engineer when
visibility or public safety is an issue.
(d) No electric or electrified fences shall be permitted within the City of Bremerton.
(e) Barbed wire or similar wire protective devices are permitted only in industrial
zones above a height of six (6) feet provided that adjoining a residential zone, devices may be
allowed by approval of a Type II Conditional Use Permit pursuant to BMC Section 20.58.020
only if the following criteria are met:
(1) The applicant demonstrates that the protective device cannot be installed
outside of the specified setback without significantly diminishing the utility of the industrial
property;
(2) The protective device will be designed to minimize adverse aesthetic
impact to the residential use by installing the device behind the top of a fence or wall or
screening the device with landscape; and
(3) The applicant demonstrates that the protective device is necessary to
. provide additional security along the residential property line to protect the industrial premises.
(f) Notwithstanding the provisions of (a)(1)ii above, architectural appurtenances such
as trellises or entry gates that define a walkway or driveway entry are allowed in a front yard up
to ninety (90) inches high, provided that:
(1) No individual structural support for such features shall be more than
sixteen (16) inches square in section,
(2) Any gate shall not obscure more than twenty (20) percent of visibility to
the yard as viewed perpendicular to the gate's installation, and
(3) Any entry feature greater than three (3) feet in height shall not be more
than six (6) feet wide for a walkway entry or more than sixteen (16) feet wide for a driveway
entry.
(g) All fences shall present a "finished" appearance on its outside face.
SECTION 6. Section 20.50.050 of the Bremerton Municipal Code entitled
"Performance Standards" is hereby amended by including minimum plant size requirements for
landscaping areas and to correct a typo in the exemptions for parking as follows:
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;
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2007 Zoning Code Amendments
(b) Screening Requirements:
(1) Landscaping 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;
(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 as
follows:
(1) Evergreen trees: Eight (8) inches in diameter or greater, measured four (4)
feet above existing grade; and
(2) Deciduous trees: Twelve (12) inches 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 of BMC Section 20.50.060(b) (4) 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 BMC
section 20.50.040(f) of this chapter. Plant materials shall also be coordinated with utility
company requirements to avoid conflicts;
(e) Plant Tvpe and Size: Plants shall be sized according to the following:
(1) Standard deciduous trees: 1 'is in. to 2 in. caliper
(2) Small ornamental and flowering trees: 1 'is in. to 1 % in. caliper
(3) Evergreen trees: 5 f1. to 6 f1. in height
(4) Shrubs and ground cover: Adequate size to be
consistent with design intent
~(f) Deciduous Species Requirement: Landscaped areas and required screening shall
consist of no more than fifty percent (50%) deciduous species.
ffi( g) Areas Adjacent to Trails and Open Spaces: All developments adjacent to
publicly used or designated trails and open spaces in the Comprehensive Plan shall provide one
tree per fifty (50) linear feet of the property facing such trails and open spaces in addition to the
General Provisions ofBMC Section 20.50.040(d);
fg)(h) Interruptions: Screening and buffering may be interrupted where necessary for
access consistent with the general provisions of this chapter;
t!B(i) Safety: All fire hydrants are to be free of fences, 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;
w( 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;
ffi(k ) 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.
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2007 Zoning Code Amendments
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;
(M(l) 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
percent (20%) of the landscaped area at maturity;
(2) Parking lots shall have at least ten (10) 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) Bio-swales and permeable pedestrian access ways through parking lots,
connecting landscaped areas, are encouraged and are included in the calculation of required
landscaping square footage;
(6) Lots larger smaller than thirty (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 (5) 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 (1) tree per each fifty (50) linear feet except along property lines
abutting an alley or already occupied by a building or other structure;
(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 Section
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;
fB(m) 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;
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2007 Zoning Code Amendments
(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.
(3) Where the maximum setback conflicts with the Clear Vision Triangle
relief from the maximum setback may be granted through a type I director decision.
SECTION 7. Section 20.60.060 of the Bremerton Municipal Code entitled
"Development Standards" relating to development coverage and accessory structures in the R -10
zone is hereby amended to read as follows:
(a) Lot Standards: Lot development requirements shall be in accordance with BMC
Section 20.60.060 and the following standards unless allowed for by law otherwise:
(1) Setbacks.
(i) Minimum front yard setback is fifteen (15) feet;
(ii) Minimum side yard setback is five (5) feet;
(iii) Minimum rear yard setback is fifteen (15) feet.
(2) Maximum structure height is thirty-five (35) feet:
(3) Maximum structure height in R-I0 areas within the Downtown Regional
Center shall be pursuant to figure 20.74 (a) and shall supersede BMC section 20.60.060 (2)
above.
(4) Minimum lot width is thirty (30) feet;
(5) Maximum developmentbuilding coverage is sixty percent (60%).
(b) Zero Lot Line (ZLL) Development An attached single-family dwelling and/ or
garage structure may have a single shared side or rear lot line, and a setback reduced to zero
provided the structure complies with building code fire separation requirements.
(c) AccessorvDetaehed Structures: The following standards shall apply but are not
limited to: attached garages and detached garages, carports, shops, barns, covered patios,
cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units
per BMC Section 20.46.010 and structures not requiring a building permit.
(1) The maximum area for all accessory structures garage/carport (attached or
detached) area shall be eighty percent (80%) of the principal residential use not to exceed one-
thousand two hundred (l,200)five hundred (500) square feet-,- of gross floor area plus ten percent
(10%) of gross floor, provided:
(2) Setbacks of detached accessory structures is pursuant to BMC Section
20.44.060.
(i) The garage/carport does not exceed 1,000 square feet;
(ii) The square footage of anyone garage/carport structure may be increased
up to a maximum of2,000 square feet of gross floor area if the setback from all property lines is
increased an additional fi'/e (5) feet over the minimum setback requirement for each additional
one hundred (100) square feet of structure area exceeding 1,000 square feet.
(2) In addition to the requirements prescribed in BMC Section
20.60.060( c)(1 ), the maximum area of all accessory structures, including attached and detached
garages, carports, barns, covered patios, cabanas, gazebos, and incidental household storage
buildings, excluding accessory d'.velling units per BMC Section 20.46.010, is fifty percent (50%)
ofthe gross floor area of the principal use or five hundred (500) square feet, v/hichever is greater,
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2007 Zoning Code Amendments
subject to maximum lot coverage standards.
(d) Gara2es. Stora2e Buildin2s and Shops:
(1) Any garage, storage building or shop structure shall be designed so that the
appearance of the building remains that of a single-family residence including the following:
(i) Constructed of similar materials as the principal unit;
(ii) A roof of equal or greater pitch as the principal unit;
( iii) A height no more than twenty-five percent 25% greater than the
principal unit not to exceed thirty-five feet (35').
(3) Maximum height of detached accessory structures (including garages)
shall not exceed the height of the principal structure.
f4j Setback of detached accessory structures is pursuant to BMC Section
20.44.060.
(2) Any garage, storage building, or shop may be exempt from the accessory
structure size requirements provided it is contained within the principal unit
WQL Garage carport, and Shop Vehicle Entrance -geer-Setbacks: When the
garage vehicle deer-entrance faces the street, the garage carport, or shop it shall have a front yard
setback of at least twenty (20) feet, except as provided in BMC Section 20.44.020 (Traditional
Front Yard Setbacks).
(e) Lot Area for Parks & Schools: Parks and schools may exceed maximum lot area
requirements if approved by a Conditional Use Permit.
SECTION 8. Section 20.60.065 of the Bremerton Municipal Code entitled
"Allowable Density and Lot Area" relating to determining neighborhood compatibility the
section is hereby to read as follows:
20.60.065 ALLOW ABLE DENSITY AND LOT AREA
The purpose of this Section is to establish compatible levels of density within existing
neighborhoods. The intent is to allow infill residential development at densities equal to or
slightly higher than existing residential densities in the vicinity, to encourage neighborhood
compatible infill over time. The following density and lot area standards are applicable to
development within the zone:
(a) Minimum Density: The minimum required density is five (5) dwellings per acre.
(b) Maximum Density: The maximum allowed density is subject to neighborhood
compatibility and the neighborhood average lot area as determined in BMC Section 20.60.065(f),
and the following corresponding target densities:
Neighborhood Target Density (Net)
Average Lot Area: (Dwellings Per Acre):
(1) Low 7,50lsq ft or greater 6
(2) Medium 6,001 sq ft to 7,501 sq ft 8
(3) High 6,000 sq ft or less 10
(c) Maximum Lot Area: The maximum lot area is 8,712 square feet, with the
following exceptions:
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2007 Zoning Code Amendments
(1) The lot area may be modified through the approval of a Residential Cluster
Development pursuant to BMC Section 20.58.060;
(2) One (1) lot within a proposal for a division ofland may exceed 8,712
square feet provided the remaining lots do not exceed the 8,712 square feet maximum lot size;
and
(3) A Flag Lot that complies with the requirements in BMC Section 20.44.100
may exceed the 8,712 square feet provided the total area of the Flag Lot does not exceed 13,068
square feet.
(d) Minimum Lot Area: The minimum allowed lot area is subject to neighborhood
compatibility and the neighborhood average lot area as determined in BMC Section 20.60.065(f),
and the following corresponding lot area:
Neighborhood Minimum
Average Lot Area: Lot Area Allowed:
(1) Low 7,501 sq ft or greater 6,000 sq ft
(2) Medium 6,001 sq ft to 7,500 sq ft 5,000 sq ft
(3) High 6,000 sq ft or less 4,300 sq ft
(e) Exception to Minimum Lot Areas and Target Density:
(1) The minimum lot area may be modified through the approval of a
Residential Cluster Development pursuant to BMC Section 20.58.060, provided the development
complies with the maximum density requirement set forth in BMC Section 20.60.065(b).
(2) The minimum lot area in a center may be modified pursuant to BMC
section 20.60.066 (c)
(3) One (1) remainder lot with a proposal for a division of land may be less
than the minimum allowable lot area, provided it is no smaller than 4,300 square feet, and
provided the reduction is the minimum necessary to create the other conforming lot(s).
(f) Determining Neighborhood Compatibility and Neighborhood Average Lot
Area: New development is required to be compatible with the density of the surrounding
neighborhood. Compatibility is determined by calculating the average lot area of all existing lots
within one hundred fifty (150) feet from the outer boundaries of the site subject to the following
standards:
(1) All lots greater than 8,712 square feet shall be rounded down to 8,712
square feet to determine average lot area;
(2) The current platted orand un-platted ta*: lot boundaries recorded with the
Kitsap County Assessor shall be used to determine average lot area;
(3) Flag Lots meeting the requirements in BMC Section 20.44.100 shall have
their lot area divided by one and one-half (1.5) to be used to determine lot area;
(4) All lots containing two (2) or more dwelling units (not including
Accessory Dwelling Units) and all lots containing non-residential uses shall be rounded down to
4,300 square feet to determine average lot area;
(5) All lots containing multi-family residential uses with twenty five (25) or
more units shall be considered ten lots with an area of 4,300 square feet each for the purposes of
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2007 Zoning Code Amendments
this calculation. No further bonus is allowed regardless of the number of units exceeding twenty
five (25).
(g) Target Density / Minimum Lot Area Discrepancy: Should a discrepancy arise
between the number of subdividable lots allowed through the use ofthe Minimum Allowable Lot
Area and the Target Density, the Minimum Allowable Lot Area shall be the controlling factor in
cases where nine (9) or fewer lots are being created, and the Target Density shall be the
controlling factor in cases where ten (10) or more lots are being created.
SECTION 9. Section 20.60.100 entitled "Sign Standards" relating to the R-I0
zone is hereby amended to clarify the code references as follows:
20.60.100 SIGN STANDARDS
Signs shall meet the standards ofBMC Chapter 20.52 and the following:
(a) One (1) sign with a sign area of up to eight (8) square feet may be allowed to
advertise a permitted Bed & Breakfast provided it matches the architectural features of the
primary residence.
(b) For a home occupation sign the residential district sign regulations in BMC
20.52.120 shall apply.
fbi( c) When an established business use is located in the Low Density Residential zone,
the special purpose sign regulations in BMC chapter 20.52.130 shall apply.
SECTION 10. Section 20.62.020 of the Bremerton Municipal Code entitled
"Outright Permitted Uses" relating to the Commercial Corridor is hereby amended to include
Veterinary Clinic as an allowed use as follows:
20.62.020 PERMITTED USES
The following uses are permitted outright:
(a) The following uses provided they do not exceed 20,000 square feet gross floor
area:
(1) Automobile service and repair excluding outdoor display areas for cars,
boats, or other vehicles;
(2) Community facility;
(3) Day care;
(4) Drinking place;
(5) Drive-through facility;
(6) Education and school;
(7) Entertainment use;
(8) Finance, insurance and real estate;
(9) General office and business service;
(10) General retail;
(11) Medical office and clinic;
(12) Personal service;
(13) Physical fitness and health club;
(14) Restaurant;
(15) Senior center;
12
2007 Zoning Code Amendments
(b) Co-location of wireless telecommunications facilities per BMC Section
20.46.140.
(c) Hotel and lodging place;
(d) Museum and gallery;
(e) Non-motorized outdoor recreation facility;
(f) Public administration use;
(g) Residential as a secondary use~-;
(h) Veterinarv Clinic.
SECTION 11. Section 20.62.060 of the Bremerton Municipal Code entitled
"Development Standards" relating to the Commercial Corridor is hereby amended to use the term
"development coverage" consistently as follows:
20.62.060 DEVELOPMENT STANDARDS
(a) Lot development shall be in accordance with the following standards, unless
allowed for otherwise by law:
(1) Maximum front yard setback: Five (5) feet. At least sixty-five percent
(65%) of the building's front fayade must meet the maximum front yard setback;
(2) Minimum side yard setback: Zero (0) except as follows:
(i) Residential uses abutting the low density residential zone: Ten (l0)
feet;
(ii) Non-residential uses abutting the low density residential zone:
Sixty (60) feet;
(3) Minimum rear yard setback. Zero (0); except as follows:
(i) Residential uses from the Low Density Residential zone: Ten (l0)
feet;
(ii) Non-residential uses from the Low Density Residential zone: Sixty
(60) feet;
(4) No maximum density for secondary residential uses.
(5) Maximum building coverage. Fifty percent (50%) unless increased per
Subsection 20.62.060(b). In no case shall maximum lot coverage exceed seventy-five percent
(75%)
(6) Maximum development coverage is seventy-five percent (75%) unless
increased per BMC section 20.62.060(b). In no case shall maximum development let coverage
exceed ninety-five percent (95%).
(7) Maximum height. Forty-five (45) feet, except that structures within one
hundred (100) feet of the low density residential zone shall not exceed thirty-five (35) feet in
height.
(8) Maximum building heights within the Downtown Regional Center are
pursuant to Figure 20.74(a), and shall supersede BMC Section 20.62.060(a)(7) above.
(b) A development that provides the following may have its maximum development
and lot coverage increased by adding bonus percentages to the maximum base area percentage
provided the total does not exceed the maximum allowed above:
(1) Commercial! Residential Mixed-Use Development: Twenty percent (20%)
bonus;
13
2007 Zoning Code Amendments
(2) Development containing seventy-five percent (75%) ofthe building footprint
with three (3) and four (4) story buildings: Ten percent (10%) bonus;
(3) Ten percent (10%) bonus if a sidewalk ten (10) feet in width or greater is
installed extending to the front ofthe building and continuing along the entire arterial frontage ofthe
parcel;
(4) Pedestrian through-corridor that provides pedestrian access to a location
approved by the Director: Five percent (5%) bonus;
(5) Fifty percent (50%) of off-street parking is provided underground or within a
building designed for occupancy: Twenty percent (20%) bonus.
SECTION 12. Section 20.64.020 of the Bremerton Municipal Code entitled
"Outright Permitted Uses" relating to the Wheaton Way Redevelopment Corridor is hereby
amended to include Veterinary Clinic as an allowed use as follows:
20.64.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) All residential uses except Class II group residential;
(b) Automobile service and repair;
(c) Co-location of wireless telecommunications facilities per BMC Section
20.46.140;
(d) Community facility;
(e) Drinking places;
(f) Drive-through facility;
(g) Entertainment use;
(h) Finance, insurance and real estate;
(i) General office and business service;
(j) General retail;
(k) Hotel and lodging place;
(1) Medical office and clinic;
(m) Museum and gallery;
(n) Park, playground and open space;
(0) Personal service;
(p) Physical fitness and health club;
(q) Public administration use;
(r) Restaurant.:.t
(s) Veterinary Clinic.
SECTION 13. Section 20.62.060 of the Bremerton Municipal Code entitled
"Development Standards" relating to the Commercial Corridor is hereby amended to use the term
"development coverage" consistently as follows:
20.64.060 DEVELOPMENT STANDARDS.
(a) Lot development shall be in accordance with the following standards, unless
allowed for otherwise by law:
14
2007 Zoning Code Amendments
(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%) of the
building's front fayade 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 developmentlet coverage
exceed ninety-five percent (95%);
(6) Maximum height. Forty (40) feet, and structures within one hundred (100)
feet of the Low Density Residential zone shall not exceed three (3) stories in height.
(b) A development that provides the following may have its maximum development
and lot coverage increased by adding bonus percentages to the maximum base area percentage
provided the total does not exceed the maximum allowed above:
(1) Commercial! Residential Mixed-Use Development: Twenty percent (20%)
bonus;
(2) Development containing seventy-five percent (75%) of the building
footprint with three (3) and four (4) story buildings: Ten percent (10%) bonus;
(3) Ten percent (10%) bonus if a sidewalk ten (10) feet in width or greater is
installed extending to the front of the building and continuing along the entire arterial frontage of
the parcel;
(4) Projects providing a through-block corridor that facilitates pedestrian
access in a location approved by the city: five (5) percent bonus;
(5) Projects providing at least fifty percent (50%) of their required parking
underground or within the building: twenty percent (20%) bonus;
(c) Maximum residential density. Twelve (12) units per acre, except on sites in
single ownership larger three (3) acres, residential density may be increased to a maximum
density of twenty (20) units per acre provided that:
(1) Site design provides for internal circulation connections for both
pedestrians and vehicles between all portions of the site;
(2) Landscaping and/or screening adjacent to a single-family zone district
shall be provided per BMC Section 20.50.040(c);
(3) A transit stop with shelter is provided at the arterial street frontage.
(d) Commercial uses shall be located within two-hundred (200) feet ofthe arterial street
frontage.
SECTION 14. Section 20.66.020 of the Bremerton Municipal Code entitled
"Outright Permitted Uses" relating to the Neighborhood Center Core is hereby amended to
include Veterinary Clinic as an allowed use as follows:
15
2007 Zoning Code Amendments
20.66.020 PERMITTED USES
Permitted Uses include:
(a) Bed and Breakfast;
(b) Co-location of wireless telecommunications facilities per BMC Section
20.46.140;
(c) Community facility;
(d) Drinking place;
(e) Entertainment use;
(f) Finance insurance and real estate
(g) General office and business service;
(h) General retail;
(i) Hotel and Lodging Place containing ten (10) or fewer guest rooms;
G) Medical office and clinic;
(k) Museum and gallery;
(1) Park, playground and open space;
(m) Personal service;
(n) Public administration;
(0) Transportation facility;
(p) Residential as a secondary use;
(q) Restaurant;
(r) Transportation facility~-;
(s) Veterinary Clinic.
SECTION 15. Sections 20.70.020 of the Bremerton Municipal Code entitled
"Outright Permitted Uses" relating to the District Center Core is hereby amended to include
Veterinary Clinic as an allowed use as follows:
20.70.020 OUTRIGHT PERMITTED USES
The following uses are permitted outright:
(a) Bed and breakfast;
(b) Co-location of wireless telecommunication facility per BMC Chapter 20.46.140;
(c) Community facility;
(d) Day care facility;
(e) Drinking place;
(f) Entertainment use;
(g) Finance, insurance and real estate;
(h) General office and business services;
(i) General retail;
(j) Group residential facilities class I;
(k) Hotel and lodging place;
(1) Medical office and clinic;
(m) Motion picture theatre;
(n) Museum and gallery;
(0) Nursing / convalescent home;
(p) Park playground and open space;
16
2007 Zoning Code Amendments
(q) Personal services business;
(r) Physical fitness and health club;
'9 (s) Public or private park, playground or open space;
(t) Public administration;
(u) Residential as a secondary use;
(v) Restaurant;
(w) School and education;
(x) Senior housing complex~
(y) Transportation facility~
(z) Veterinary Clinic.
SECTION 16. Sections 20.70.060 of the Bremerton Municipal Code entitled
"Development Standards" relating to the District Center Core is hereby amended to use the term
"development coverage" consistently as follows:
20.70.060 DEVELOPMENT STANDARDS.
Lot development shall be in accordance with the following unless allowed for otherwise
by law:
(a) Front yard setback. No minimum front yard setback. The maximum front yard
setback is ten (10) feet. At least eighty percent (80%) of a building's front fayade shall meet the
maximum front yard setback.
(b) Side yard setback. Zero (0) from non-residential zones, and ten (10) feet from the
low density residential zone.
(c) Rear yard setback. Zero (0) from non-residential zones, and ten (10) feet from the
low density residential zone.
(d) There is no maximum density for residential as a secondary use.
(e) Maximum building coverage: Sixty percent (60%) base maximum, provided that
through the use of any combination of the following, building coverage may be increased up to
eighty-five (85%) maximum.
(1) Projects containing mixed uses: ten percent (10%) bonus.
(2) Projects with three (3) or four (4) story building: ten percent (10%) bonus.
(3) Projects providing a pedestrian oriented plaza or area of at least one
hundred fifty (150) square feet along a pedestrian walkway at an intersection comer, bus stop or
other key pedestrian area approved by the city. Such areas shall contain seating for at least four
(4) people, a trash receptacle and three (3) or more of the following: a pedestrian shelter, a
drinking fountain, a bike rack, pedestrian scale lights, pavers on the walkway surfaces, a kiosk, a
street vendor station providing food or beverages, trees, an appropriately sized statue or
sculpture, or a public restroom. Interior courtyards with these amenities qualify if they would be
readily apparent and accessible to pedestrians on adjoining sidewalks: twenty percent (20%)
bonus.
(4) Projects providing a through-block corridor that facilitates pedestrian
access in a location approved by the city: five percent (5%) bonus.
(5) Projects providing at least fifty percent (50%) of their required parking
underground or within the building: twenty percent (20%) bonus.
(f) Maximum developmentlet coverage: Maximum development let coverage by
17
2007 Zoning Code Amendments
impervious surfaces, seventy-five (75 %) maximum, provided that through the use of any
combination of the mechanisms listed in BMC Section 20.70.060(E)(1) through (5) above, up to
ninety-five (95%) maximum development coverage may be allowed.
(g) Maximum building height: 50 feet.
SECTION 17. Section 20.74.020 of the Bremerton Municipal Code entitled
"Outright Permitted Uses" relating to the Business Core is hereby amended to include Veterinary
Clinic as an allowed use as follows:
20.74.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Accessory parking facility;
(b) Bed and breakfast;
(c) Co-location of wireless telecommunication facility per BMC Chapter 20.46.140;
(d) Communication! broadcasting facility;
(e) Community facility;
(f) Day care facility;
(g) Detoxification center;
(h) Finance, insurance and real estate;
(i) General office and business services;
(j) General retail;
(k) Group residential facilities class I;
(1) Hotel and lodging place;
(m) Indoor automobile sales, service, repair, or car wash;
(n) Indoor entertainment use;
(0) Indoor recreational facility;
(p) Medical office and clinic;
(q) Motion picture theatre;
(r) Museum and gallery;
(s) Parking structure;
(t) Personal services business;
(u) Physical fitness and health club;
(v) Public or private park, playground or open space;
(w) Public administration.
(x) Public facility;
(y) Residential use of all types;
(z) Restaurant and drinking place;
(aa) Schools and education use;
(bb) Social services facility;
(cc) Transportation facility;
I (dd) Veterinary Clinic;
tEklj ~ Welfare and charitable services and facility;
feef.w:L Worship and religious facility.
18
2007 Zoning Code Amendments
SECTION 18. Section 20.75.020 of the Bremerton Municipal Code entitled
"Outright Permitted Uses" relating to the Downtown Core is hereby amended to include
Veterinary Clinic as an allowed use as follows:
20.75.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Community facility;
(b) Drinking places;
(c) Education and school;
(d) Entertainment use;
(e) Finance, insurance and real estate;
(f) General retail;
(g) General office and business services;
(h) Hotels and lodging places;
(i) Medical office and clinic;
CD Motion picture theatre;
(k) Museum and gallery;
(1) Park, playgrounds and open space;
(m) Parking structure
(n) Personal service business;
(0) Public administration;
(p) Restaurants;
(q) Residential uses of all types;
(r) Transportation facility;
(s) Veterinary Clinic;
wen Worship and religious facilities.
SECTION 19. Section 20.76.020 of the Bremerton Municipal Code entitled
"Outright Permitted Uses" relating to the Downtown Waterfront is hereby amended to include
Veterinary Clinic as an allowed use as follows:
20.76.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Drinking places;
(b) General office and business services comprising no more than twenty-five percent
(25%) of the total gross floor area of a mixed-use development;
(c) General retail, including marine retail;
(d) Hotels and lodging places;
(e) Parks, playground and open spaces;
(f) Residential uses of all types;
(g) Restaurants;
(h) Structured parking with other permitted use;
(i) Transportation facility~
(i) Veterinary Clinic.
19
2007 Zoning Code Amendments
SECTION 20. Section 20.79.060 of the Bremerton Municipal Code entitled
"Development Standards" relating to the Multiple Residential zone is hereby amended to change
the accessory structure requirements 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: 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 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: 3,000 square feet;
(4) Maximum height: Height limit pursuant to figure 20.74;
(5) Maximum building coverage. Eighty percent (80%);
(b) AccessorvDctaehed Structures: The following standards shall apply but are not
limited to: attached garages and detached garages, carports, shops, barns, covered patios,
cabanas, gazebos, and incidental household storage buildings, excluding accessory dwelling units
per BMC Section 20.46.010 and structures not requiring a building permit.
(1) The maximum area for all accessory structures garage/carport (attached or
detached) area shall be eighty percent (80%) of the principal residential use not to exceed one-
thousand two hundred (l,200)fi'/e hundred (500) square feet of gross floor area plus ten percent
(10%) of gross floor, provided:
(2) Setback of detached accessory structures is pursuant to BMC Section
20.44.060.
(i) The garage/carport does not exceed 1,000 square feet;
(ii) The square footage of anyone garage/carport structure may be increased
up to a maximum of2,000 square feet of gross floor area if the setback from all property lines is
increased an additional fiye (5) feet over the minimum setback requirement for each additional
one hundred (100) square feet of structure area exceeding 1,000 square feet.
(2) In addition to the requirements prescribed in BMC Section
20.60.060( c)(1 ), the maximum area of all accessory structures, including attached and detached
garages, carports, barns, covered patios, cabanas, gazebos, and incidental household storage
buildings, excluding accessory d'.velling units per BMC Section 20.46.010, is fifty percent (50%,)
of the gross floor area of the principal use or five hundred (500) square feet, vlhichever is greater,
subj ect to maximum lot coverage standards.
(c) Gara2:es. Stora2:e Buildin2:s. and Shops:
(1) Any garage, storage building or shop structure shall be designed so that the
appearance of the building remains that of a single- family residence including the following:
(i) Constructed of similar materials as the principal unit;
(ii) A roof of equal or greater pitch as the principal unit;
20
2007 Zoning Code Amendments
(iii) A height no more than twenty-five percent 25% greater than the
principal unit not to exceed thirty-five feet (35').
(3) Maximum height of detached accessory structures (including garages)
shall not exceed the height of the principal structure.
t4f Setback of detached accessory structures is pursuant to BMC Section
20.44.060.
(2) Any garage, storage building, or shop may be exempt from the accessory
structure size requirements provided it is contained within the principal unit
WQL Garage, carport and shop vehicle entrance Iffler-setbacks: When the garage
vehicle deef-entrance faces the street, the garage, carport or shop it shall have a front yard
setback of at least twenty (20) feet, except as provided in BMC Section 20.44.020 (Traditional
Front Yard Setbacks).
SECTION 21. Section 20.84.020 of the Bremerton Municipal Code entitled
"Outright Permitted Uses" relating to the Limited Commercial Zone is hereby amended to
include Veterinary Clinic as an allowed use as follows:
20.84.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Automobile service and repair, and car wash;
(b) Co-location of wireless telecommunication facilities per BMC Section 20.46.140;
(c) Day care facility, all;
(d) Drive-through facility;
(e) Finance, insurance and real estate;
(f) Gas stations at the intersection of arterial roadways;
(g) General office and business services;
(h) General retail;
(i) Hotel and lodging places, motels, and inns;
G) Personal services;
(k) Public administration;
(1) Recycling collection station;
(m) Residential as a secondary use;
(n) Restaurant drinking place~
(0) Veterinary Clinic.
SECTION 22. Section 20.90.020 of the Bremerton Municipal Code entitled
"Outright Permitted Uses" relating to the Industrial Park Zone is hereby amended to include
Veterinary Clinic as an allowed use as follows:
20.90.020 OUTRIGHT PERMITTED USES
The following uses are permitted outright:
(a) Automobile service and repair;
(b) Car wash;
(c) Community facility;
(d) Day care facility;
21
2007 Zoning Code Amendments
(e) Drive-through facility;
(f) Entertainment uses;
(g) Finance insurance and real estate;
(h) Gas station;
(i) General and large retail;
(j) General office and business services;
(k) Kennel;
(1) Light industrial/manufacturing;
(m) Medical offices;
(n) Nursery & greenhouse;
(0) Outdoor athletic fields, and sports complex;
(p) Outdoor storage;
(q) Physical fitness & health clubs;
(r) Public administration;
(s) Recycling collection station;
(t) Restaurants;
(u) Schools & education uses;
(v) Transportation facility;
(w) Veterinary Clinic;
twj(x) Warehousing;
oo(y) Wireless telecommunications facilities per BMC Section 20.46.140;
fyj(z) Worship and religious facility.
SECTION 23. Section 20.92.020 of the Bremerton Municipal Code entitled
"Outright Permitted Uses" relating to the Employment Center Zone is hereby amended to include
Veterinary Clinic as an allowed use as follows:
20.92.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless telecommunications facilities per BMC Section
20.46.140;
(b) Community use facility;
(c) Day care facility, all;
(d) General office and business services;
(e) Finance insurance and real estate (no drive-through facilities);
(f) General retail; (no drive-through facilities);
(g) Hotels and lodging places;
(h) Medical offices;
(i) Outdoor athletic fields;
(j) Park playgrounds and open space; and parks;
(k) Personal service business;
(1) Physical fitness and health clubs;
(m) Public administration;
(n) Residential uses ofthe following types:
(1) Group residential facility - Class I;
22
2007 Zoning Code Amendments
(2) Multi-unit structure;
(3) Nursing convalescent home;
(4) Senior housing complex;
(5) Single unit structure - attached or detached;
(6) Townhouse.
(0) Restaurants and drinking places; (no drive-through facilities);
(p) Schools and education uses;
(q) Transportation facility;
(r) Veterinarv Clinic;
ffi(s) Worship and religious facility.
SECTION 24. Section 20.94.020 of the Bremerton Municipal Code entitled
"Outright Permitted Uses" relating to the Industrial Zone is hereby amended to include
Veterinary Clinic as an allowed use as follows:
20.94.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Automobile service and repair;
(b) Car wash;
(c) Drive-through facility;
(d) Gas station;
(e) General office and business services over 5,000 gross sq. ft;
(f) Heavy Industrial/Manufacturing;
(g) Kennel;
(h) Light Industrial/Manufacturing;
(i) Nursery and greenhouse;
(j) Outdoor storage;
(k) Public administration;
(1) Recycling collection station;
(m) Outdoor athletic fields;
(n) Stadiums and sports complex;
(0) Transportation facility;
(p) Veterinary Clinic; ,
W( q) Warehousing;
ftB(r) Wireless telecommunications facilities per BMC Section 20.46.140.
SECTION 25. 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 26. 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.
23
2007 Zoning Code Amendments
PASSED by the City Council the ~ dayo[ ~~ ,2007
~- .
Approved this ::J::t:J.. ) day of
ATTEST: APPROVED AS TO FORM:
~<~~ -:=
: ER A. L:BOVICH, City A omey
PUBLISHED the ~ day of ~~~ ,2007
EFFECTIVE the J ~ ) day of ,2007
ORDINANCE NO. .5Voi
R:\Legal\Legal\Ordinances\Community Development\2007 Zoning Code amendments-I.doc
24
2007 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 February 20, 2007; decided further study
was needed and therefore held a second public hearing on March 20, 2007. At the
March 20, 2007 public hearing the commission made a recommendation to approve all
seven amendments to the Zoning Code. Changes include modification to Accessory
Dwelling Unit requirements, fencing height and permitting requirements, accessory
structure development standards, and minor house keeping corrections in various
chapters.
I. FINDINGS OF FACT
1. Project Description
Minor modifications to several sections of the zoning code are. There are seven issues
that require modification, these issues include the following: adding veterinary clinics as
an allowed use in the commercial zones; modifying Accessory Dwelling Unit
requirements for more flexibility, changing the fencing height requirement for front
yards; clarifying accessory structure development standards, correcting clerical issues
in the landscaping section, clarifying the density calculation and signage requirements
in the R-10 zone; and correct inconsistent wording throughout the code.
Planning Commission recommended all but two amendments to City Council at the
February 20,2007 public hearing. The Commission determined that the amendments
to accessory structures, both garages and Accessory Dwelling Units needed further
study prior to a recommendation. The commission directed staff to provide graphic
representation to better visualize the proposed changes. The Commission wanted to
see how large of a structure the amendments would allow. The primary concern was
that the proposed amendments would allow for garages and accessory structures that
would not be compatible with existing neighborhoods.
On March 20, 2007 the Planning Commission held a second public hearing to further
discuss the two accessory structure amendments. Staff brought diagrams and
examples of typical garages and Accessory Dwelling Unit sizes and showed renderings
of lot size requirements to explain how the changes would affect existing
neighborhoods. Based on the graphics the Planning Commission was satisfied with the
proposed amendments to Accessory Dwelling Unit. The public hearing focused
primarily on the garage / accessory structure amendments as staff brought forward
revised amendment language that addressed concerns raised in the February hearing.
Exhibit A
The changes proposed in February would have allowed for an accessory structure to be
as large as 60% of the principal unit or 1,000 square feet, which ever was greater. This
would allow some smaller homes to have garages that exceeded the homes size. It
also did not sufficiently limit the size of garages for large homes. The comprehensive
plan goal CC1 H suggests as a general rule-of-thumb, an accessory structure should be
of a lesser square footage and volume than the principal structure. The revisions
proposed at the March 20, 2007 Public Hearing meet this goal by allowing accessory
structures to be up to 80% the size of the principal unit with a cap of 1,200 total square
feet. This will ensure that most small homes can have a two car garage and large
homes cannot have an excessive amount of accessory structures (for reference an
average two car garage is 400 square feet and the average six car garage is 1,200
square feet).
The Planning Commission recommends the remaining two amendments be added to
the previously recommended amendments in the February Public Hearing and sent
forward to the City Council for approval.
2. Procedural History
2.1 February 6, 2007 sent CTED notification of pending Zoning Code amendments
2.2 February 10,2007 Notice of Public Hearing
2.3 February 20,2007 Planning Commission Public Hearing
2.4 February 22,2007 Issuance of SEPA DNS
2.5 March 10, 2007 Notice of Public Hearing
2.6 March 20, 2007 Planning Commission Public Hearing
3. Public Comment
3.1 Individuals providing verbal testimony at Planning Commission public hearing:
February 20,2007:
a. Andy Schoos, 534 Juniper Street
March 20, 2007:
a. Jordy Andrew, 1328 Hayward Avenue
4. SEPA Determination
A Determination of Non-Significance was issued on February 22, 2007. No appeals
were filed for this action.
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 minor and continue to uphold the objectives and goals
of Comprehensive Plan. These amendments do not change the intent or
purpose of the zoning code.
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:
Approved by:
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AFFIDAVIT OF PUBLICA nON
Account # 42742 / Ad # 199510
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: ,
May 8, 2007 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 $37.67 which amount
has not been paid in full.
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(Signature of Principal Clerk)
Subscribed and sworn to before me this day of May 16, 2007
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 5008
AN ORDINANCE of the City Council of the City of Bremerton, Washington, making a minor amendment
to BMC S 17.04.040 Buildings and Construction and several minor amendments to BMC Title 20, the
Zoning Code including definitions, outright allowed uses for several zones, development standards for
severa] zones, accessory dwelling unit requirements, fencing requirements, ]andscapirig requirements, and
sign standards.
PASSED by the City Council the 2nd day of May, 2007.
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.
May 8, 2007..............................AD #20038232