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ORDINANCE NO. 5l>ctb
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, making amendments to BMC Title 20, the
Zoning Code including landscaping standards, setback requirements
for all commercial zones, modification to downtown zones for
compliance with the Sub-Area Plan, and minor housekeeping
modifications.
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 modification has 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 B~emerton Municipal Code (BMC), which requires
amendments to the Zoning Code to be both consistent with the goals and policies of the
comprehensive plarr and to be consistent with other city, state, and federal codes, regulations and
ordinances; and
WHEREAS, these 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 January 25,2008 the proposed Zoning Code amendments were
circulated to the State Agencies for the requisite 60-day review and comment period; and
WHEREAS, on January 19, 2008 the Planning Commission conducted a study
session to determine the appropriate approach for the amendments; and
WHEREAS, on February 9,2008 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 19, 2008 the Planning Commission conducted a public
hearing on the Zoning Code amendments and formulated a recommendation to forward the
amendments for City Council consideration; and
WHEREAS, on March 11, 2008 a SEP A DNS was issued for the proposed action
with an administrative appeal deadline of April 4, 2008 and no appeals were filed; and
)
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2008 Zoning Code Amendments
WHEREAS, on April 6, 2008 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 April 16, 2008 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. Chapter 20.42 of the in the Bremerton Municipal Code entitled
"Definitions" is hereby amended to correct an inaccurate code reference as follow:
"Lot area" means the area within the boundary lines of a lot. When creating new lots, the
calculation for each new lot area shall not include public and private streets, wetlands, and other
areas that may be restricted from use or from the types of development allowed by the zone in
which the property is located, except when an unbuildable environmentally sensitive critical
area, as defined per BMC 20. 14.2001W, comprises twenty-five (25) percent or less of the lot, it
may be included in the lot area.
SECTION 3. Section 20.48.080 of the Parking Chapter in the Bremerton
Municipal Code entitled "Non-Residential Parking Development" is hereby amended to remove
landscaping requirements as follow:
20.48.080 NONRESIDENTIAL PARKING DEVELOPMENT STANDARDS.
The following provisions apply to off-street parking spaces for all nomesidential
developments and parking lots:
(a) Surface. Driveways and areas used for loading, parking and maneuvering
motorized vehicles shall have a paved surface.
(b) Side arid Rear Yard Setbacks. Parking spaces shall be set back a minimum of five
(5) feet from the side and rear lot lines unless adjacent to the Low Density Residential zone in
which case a minimum often (10) feet of visual screening is required pursuant to BMC
20.50.050. Projects which are not adjacent to Low Density Residential may reduce ....g~etbacks
may be reduced to zero (0) ifthe following are incorporated into the design ofthe parking area:
(1) A solid fence or wall is provided; and
(2) Landscaped islands at least forty-five (45) square feet of area are provided
in a manner that breaks up parking spaces adjacent to the lot line into groups of not more than six
(6) spaces each.
(c) Front Yard Setbacks. Parking spaces shall be set back a minimum of ten (10) feet
from the front lot line.
(d) Parking Setbacks in Structures. When parking is incorporated within a structure,
the parking shall comply with the setbacks of the zone applicable to the structure.
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2008 Zoning Code Amendments
( e) Setbacks }.butting a~esidential Zone. 'Nhen a parking space abuts a residentially
zoned property, the side and rear yard setbacks shall be at least ten (10) feet from the abutting
residential lot line. Setbacks may be reduced to five (5) feet iftho following are incorporated into
the design of the parking area:
(1)"^,. minimum five (5) foot in height solid fence or vlUll; and
(2) Sight obscuring landscaping at least five (5) feet in height and five (5) fe'et
'.vide, which meets the performance standards set forth in Chapter 20.50 BMC.
fBw Stall and Aisle Requirements. Parking facilities for required parking shall meet
the minimum stall and aisle dimensions set forth in Figure 20.48(a). '
fgfill Modifications to Parking Stall Requirements. The standards set forth in subsection
(f) of this section maybe modified to allow for a vehicle overhang of up to two and one-half
(2.5) feet, provided:
(1) Wheel stops are attached to the ground or pavement if curbs are not
provided;
(2) The vehicle overhang would not extend beyond the lot line or into front
yard setback areas;
(3) Walkways maintain a minimum three (3) foot wide (four (4) feet for
handicap access routes) unimpeded passage for pedestrian passage beyond the two and one~half
(2.5) foot overhang.
Wig} Driveways. The width of nonresidential driveways shall be based on the location,
intended usage, and other factors and shall be in accordance with state and City engineering
standards.
tB@ Internal Parking Lot Design. Parking facilities shall incorporate the following
features to provide safe and efficient circulation for vehicles and pedestrians:
(1) Standard traffic control signs and devices to direct traffic;
(2) Signs, crosswalks, raised pedestrian walkways and night lighting to
provide for safe pedestrian movement;
(3) Landscaped islands, raised curbs, and striping to define parking lot
entrances, end of parking aisles and the patterns of internal circulation; and
(4) Overall design coordination and adherence to all applicable design
standards.
will Landscaping. Landscaping shall be provided in accordance with the requirements
prescribed in Chapter 20.50 BMC.
Will Lighting. Parking areas shall be lighted for the safety of pedestrians and vehicle
circulation on the site in the following manner:
(1) Lights are hooded or beamed so that there is no undesirable glare directed
onto any adjacent streets or property; and
(2) Lighting shall be designed adequately to illuminate the parking area while
preventing the direct illumination of adjacent properties.
€BOO Signage and Striping. Directional signs and pavement markings shall be used to
control vehicular movement within parking areas and to mark spaces.
(1) The locations of parking spaces shall be clearly indicated by curb
markings, wheel stops, bollards, or other means.
(2) Incidental signs within parking lots shall be limited to two (2) square feet
, III SIze.
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2008 Zoning Code Amendments
(3) No signs other than those indicating entrances, exits, name of the lot or the
establishment to which the lot is accessory, conditions of use, or identification of disabled
parking spaces shall be erected.
(4) Signage for handicap spaces shall comply with the requirements
prescribed in RCW 70.92.120.
€mfill. Required Parking Spaces. The number of off-street parking spaces shall be
provided in accordance with the use and following corresponding standards except as modified
per BMC 20.48.050:
SECTION 4:. Chapter 20.50 of the Bremerton Municipal Code entitled
"Landscaping" is here by amended as follows:
Chapter 20.50
Landscaping
20.50.01 0 INTENT. \
The intent of this chapter is to establish landscaping standards that contribute to a quality
urban environment by connecting open spaces, maintaining native, drought-resistant vegetation,
replacing nonnative and invasive species, increasing privacy for residential areas, providing
visual relief of parking lots, providing habitat for fish and wildlife, retaining significant trees, and
reducing erosion and storm water runoff while providing on-site filtration to protect groundwater
resources from pollutants and flooding.
20.50.020 APPLICABILITY.
All new development, including expansion of existing structures and/or uses, except
single family residential building permits on individual lots shall be subject to the requirements
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of this chapter.
20.50.030 EXCEPTIONS.
(a) Landscaping standards do not apply to residential short subdivisions 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;
(b) The Director may waive or reduce any requirement( s) of this chapter in the
following cases:
(1) The remodel of an existing building results in the expansion of floor area
that is ten (10) percent or less of the existing floor area;
(2) An expansion of a use that results in no modifications (except normal
maintenance and repair of the structure) to the outdoor area of the site;
(3) To accommodate required off-street parking spaces.
(c) Parking lots with less than thirty (30) spaces, are exempt from internal
landscaping requirements if they provide at least a five (5) foot width oflandscaping across the
frontage and along at least one other property line.
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2008 Zoning Code Amendments
20.50.040 GENERAL PROVISIONS.
(a) Front Yards. All front yard setback areas shall be landscaped pursuant to the
performance standards per BMC 20.50.050;
(b) Street Trees. Street trees shall be planted along public and private streets per
performance standards in BMC 20.50.050(a) unless more stringentlyotherwise required by the
underlying zoneBMC 20.50.050(c). Trees shall be located within the front yard setback area, or
within a public right-of-way if approved by the City and the property owner arranges the planting
and maintenance of said street trees;
(c) Residential Visual Screening. When any nonresidential development, as defirred
by the Internationl Building Code (which includes three or more dwelling units),)s proposed on a
site that is adjoining abffis the low density residential (R-1 0) zone, or when a three (3) or more
dwelling multifamily residential development is proposed on a site that abuts the low density
residential (R 10) zone, landscaping and visual screening shall be provided according to the
performance standards in BMC 20.50.050(b);
(d) 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 Type I visual
landscaping screening along the site facing the trail or open space per the performance standards
outlined in BMC 20.50.050{Q);
( e) Undeveloped Areas. Undeveloped portions of property not devoted to landscaping
shall be planted, ground cO'lered, or remain with existing vegetation, including significant trees,
as provided for in BMC 20.50.050(c), but excluding plants that can be classified as noxious
weeds or as invasive species;
(:0 Required Plants. NeVI plant materials shaliinc1ude native species or nonnative species
that haye adapted to the climatic conditions of the coastal Puget Sound region. The Department
of Community Deyelopment maintains a list of approved plant materials recommended for use
within areas in the City of Bremerton. Additional plants may be added to this list as deemed
appropriate by the City. Performance standards for required plants are found in BMC
20.50.050( d);
~ill Alternative Landscaping Plan. The requirements of this chapter may be modified
to encourage better landscaping design as follows:
(1) A request for approval of alternate landscaping shall be submitted and
accompanied by a landscape plan as required above;
(2) An alternative landscaping plan may be approved, provided a finding by
the City of public benefit and that the total area of landscaping shall be equal to or exceed that
created by adherence to the standard landscaping and buffer requirements;
Wig} Guarantee. All landscaping shall be completed prior to the issuance of a certificate
of occupancy (CO), except that in lieu of installing required landscaping, a performance
assurance device may be provided prior to the issuance of a CO. The purpose of such a
requirement is to ensure that a landscape plan is carried out when required by this chapter. The
following conditions apply:
(1) A bond or other acceptable assurance device shall be in the amount of one
hundred twenty-five (125) percent of the estimated cost required to complete the approved
landscaping, in order to guarantee its installation and the replacement of any plants that die
within two (2) years of the posting of the bond;
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2008 Zoning Code Amendments
(2) If a performance assurance device is provided, landscaping shall be
installed within the next planting season and no later than one (1) year from the date of issuance
of a CO. If the approved landscape plan is not carried out, the City shall use the performance
assurance device to complete the landscaping;
(3) A performance assurance device will be released two (2) years after it is
posted if the landscaping vegetation is in a healthy growing condition;
wihl Maintenance Required. All plant material shall be maintained in a healthy
growing condition free of weeds trash or debris through the life and use ofthe development.
Dead, damaged, diseased, or missing plant material shall be replanted or replaced as necessary to
comply with the approved landscaping plan and the requirements of the chapter. as designed and
approved. Maintenance standards and assurances must be provided in the landscape plan as
described in BMC 20.50.060.
20.50.050 PERFORMANCE STANDARDS.
Required landscaping shall be provided in the following manner:
_(a) Stroot Troos. One (1) tree for OYory twonty fhe (25) linoar foot of street frontage, and
shall bo spaced a maximum distance of thirty five (35) feot on center; howe'ier, treos may bo
spaced irregularly in natural groupings rather than uniformly spacod oxcept as noted else'lihere in
this chap tor;
(b) Screoning Requirements.
(1) Landscaping forming a year round sight barrier a minimum of fiyo (5) foot in
height in a landscapod aroa at least ten (10) foot '.vide; or
(2) .At fence or wall, and/or berm, or combination, no less than fiye (5) feet high
plus slL.'1lbs and trees in an area at least fi','e (5) foot wide;
(a) General Landscavill!! is intended to provide visual separation between
compatible uses, and to soften the appearance of parking lots and building facades. All required
setback areas, parking lots, and interior landscaping areas shall comply with the following:
(1) Street Trees are required, one tree for every twenty-five (25) linear feet of
street frontage, and shall be spaced a maximum distance ofthirty 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;
(2) Planting shall include a mix of trees, shrubs, ground covers, turf grasses or
combination thereof; Non-living materials shall not exceed twenty (20) percent of the landscaped
area within two (2) years of planting;
(3) Each separate landscaped area shall be a minimum of fifty (50) square feet
and shall include at least one 0) tree in combination with shrubs, ground cover, or other
landscape materials;
(4) Bioswales and permeable pedestrian access ways connecting landscaped
areas are encouraged and are included in the calculation of required landscaping square footage;
(5) Interior landscaping shall be dispersed as equally as possible throughout
the site particularly in parking areas;
(6) Parking lots shall have at least ten (0) 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;
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2008 Zoning Code Amendments
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2008 Zoning Code Amendments
provided with street grates at the sidewalk level providing a continuous walking surface to within
six (6) inches ofthe tree base. Where existing areaways or vaults prevent this form of planting,
trees shall be planted in planters equipped with irrigation. All trees shall be of a species which
allows pruning of lower branches in a manner necessary to keep the sidewalk clear of obstruction
to a height of at least eight (8) feet. Trees shall have a minimum caliper oftwo and one-half (2-
1/2) inches at the time of planting:
(2) Surface parking lots, if they abut public sidewalks, shall provide a
perimeter landscaping strip containing a combination oftrees (with no fewer than three (3)
trees per one-hundred (100) linear feet of frontage), and shrubs. Masonry walls no lower than
fifteen (15) inches nor higher than thirty (30) inches may be substituted for shrubs, and:
(3) For parking lots containing more than twenty (20) stalls, at least fifteen
(15) percent ofthe interior area shall be planted with trees and shrubs. All trees shall have a
minimum caliper of two and one-half (2-1/2) inches at the time of planting. Pedestrian walkways
from adjacent sidewalks shall be provided.
W@ Significant Trees Vegetation Preservation. Existing healthy trees located 'Nithin
required landscape areas and unde'/eloped areas and which 'lIill not constitute a safety huzard
shall be preserved as follows: The retention of existing and healthy trees and vegetation is
important to help promote the utilization of natural systems, reduce the impacts of development
on the storm drainage system and provide a better transition between various land uses within the
City. The following provisions encourage vegetation preservation as follows:
(1) To the greatest extent possible existing healthy significant trees defined
below shall be retained onsite. Should a proposal include the removal of all or portions of a
significant tree(s) a qualified arborculturalist or urban forester shall be retained by the applicant
to inventory the tree( s) and make recommendations regarding the protection, retention,
preservation or removal of the tree(s). A copy of the report and recommendations shall be
submitted to the City as part of the application process.
(2) Existing healthy trees and vegetation may substitute for newly required
landscaping. Credit shall be granted tree for tree and area for area. In order to promote the
retention of existing significant trees during site development, each significant tree within ,the
landscaped area shall count as three (3) newly required trees.
(3) Credit may be given by the Director at the time of Site Plan Review for the
preservation of significant tree( s)s in exchange for the loss of a parking space;
. (4) Significant trees are defined as follows:
(+i) Evergreen Trees. Eight (8) inches in diameter or greater, measured
four (4) feet above existing grade; and
(2-li) Deciduous Trees. Twelve (12) inches in diameter or greater,
measured four (4) feet above existing grade;
WW Planting Materials. Plants shall be selected based upon site-specific conditions
which may affect plant growth such as sun exposure, soil types, shoreline conditions, adjacent
site improvements, etc. New plant materials shall consist of drought-resistant species, or other
species that are irrigated per the provisions ofBMC 20.50.060(b)(4) or located in high moisture
content soils. Plant material selection shall be consistent with the list maintained by the
American Association of Nurserymen (AAN)of approved plant materials recommended for use
v/ithin areas in the City of Bremerton per BMC 20.50.040(f). Plant materials shall also be
coordinated with utility company requirements to avoid conflicts!.t Unless otherwise specified
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2008 Zoning Code Amendments
within this chapter all required landscaping shall at a minimum meet the following size
requirements:
Will Plant Type and Size: Plants shall be sized according to the following:
(1) Standard deciduous trees: 1 12 inch-;- to 2 inch-;- caliper
(2) Small ornamental and flowering trees: 1 Y2 inch-;- to 1 % inch-;- caliper
(3) Evergreen trees: 5 feet to 6 feet height
(4) Shrubs Min. size 1 gallon container
and ground cover: }..dequate size to be consistent with design intent.
(5) Ground cover: Min. 4 inch container
(0 Deciduous Species Requirement. Landscaped areas and required screening shall consist
of no more than fifty (50) percent deciduous species;
(g) ",\reas }..djacent to Trails and Open Spaces. LA..!1 developments adjacent to publicly used
or designated trails and open spaces in the Comprehensive Plan shall provide one (1) tree per
fifty (50) linear feet ofthe property facing such trails and open spaces in addition to the general
provisions ofEMC 20.50.040(d);
Wig} Interruptions. Screening and buffering may be interrupted where necessary for
access consistent with the general provisions of this chapter;
(B.QJ) 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 fiv'e (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;
will 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;
~ill Outdoor Storage. In addition to any other requirements, storage yards and garbage
dumpsters shall be surrounded by a six (6) foot high solid wall or sight-obscuring fence. The wall
or fence shall be considered a structure and shall conform to setbacks which may be required for
building on street frontage. Outdoor storage of materials shall not exceed six (6) feet in height
when visible from a public right-of-way;
(1) Parking LotsParking lots shall complY':/ith all of the landscaping requirements for
nonresidential useD. In addition, the following standards shall apply:
(1) Parking lot setback areas shall be landscaped '.'lith trees, shrubs, ground
CO'/efS, turf grasses, or combinations thereof. Nonliving materials shall not exceed twenty (20)
percent of the landscaped area at maturity;
(2) Parking lots shall have at least ten (10) square foet of interior landscaping for
each parking space. Roquired 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;
(1) Each separate landscaped area shall be a minimum of fifty (50) square feet and
shall include at least one (1) tree in combination with s~llbs, ground cover or other landscaping
materials;
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2008 Zoning Code Amendments
(5) Biosv/ales and permeable pedestrian accessv/ays through parking lots,
connecting landscaped areas, are encouraged and are included in the calculation of requited
landscaping square footage;
(6) Lots larger than thirty (30.) spaces are exempt from intemallandscaping
requirements if:
(i) They have only a single aisle with parking spaces on one (1) or both
~
,
(ii) They have at least a fhe (5) foot width oflandscaping across the
frontage and along at least one (1) othci" property line; and
(iii) The lot has no internal parking islands or peninsulas;
(7) Trees shall be pro'/ided 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 arc on or near the property
line, trees may be irregularly spaced or grouped rather than uniformly spaced on the property
lffie;- )
(9) \Vheneyer possible, mature healthy trees, as defined in BMC 2a.5a.a40( e ),
already existing on the site shall be preserved. Credit may be given by the Director at the time of
site plan re'/iew for the preservation of such a tree in exchange for the loss of a parking space;
~{k} 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 three (3) to eight (8) foot clear
area;
(ii) Other plant species that are so planted and trimmed as to leave a clear
and unobstructed cross-view in all seasons;
(iii) A supporting member or appurtenance to a permanent building
lawfully existing on the site;
(3) Where the maximum setback conflicts with the clear-vision triangle, relief
from the maximum setback may be granted thorough a Type I Director decision.
20.50.060 LANDSCAPING PLAN SUBMITTAL.
A landscape plan shall accompany all land use applications, including permits for
clearing, grading, and building.
(a) A landscape plan shall be drawn to scale and shall indicate:
(1) Project name, owner's name, designer's name, north arrow, date and scale;
(2) Existing property lines, easements, rights-of-way, utilities, setbacks, trees,
fences, and other screening and structures;
(3) Existing and proposed grades of at least five (5) foot intervals;
(4) Proposed plantings, identified by scientific or common name, and caliper,
size, and minimum height of specimens to be planted.
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2008 Zoning Code Amendments
(b) A landscape plan shall provide assurances for the following:
(1) Landscape areas consisting of drought-resistant vegetation will not require
temporary or permanent irrigation systems;
(2) Areas where existing site conditions assure adequate soil moisture for
growth within the required landscape area shall have temporary irrigation systems only as
required to sustain new plantings;
(3) Except for areas of undisturbed existing vegetation, all landscape areas
that do not have high soil moisture conditions shall have temporary or permanent irrigation
systems. Temporary systems may be removed after twenty-four (24) months or two (2) growing
seasons, whichever occurs first; provided, that the plantings are established;
(4) Permanent irrigation systems located within required landscape areas shall
include the following features:
(i) Moisture or precipitation sensors;
(ii) Automatic timers set for operation to assure adequate moisture
levels;
(iii) Head-to-head spacing, if sprinkler heads are proposed;
(iv) Pressure regulating devices;
(v) Backflow prevention devices;
(vi) Separate irrigation zones for grass and planting beds;
(vii) Other provisions applicable to state and City codes;
(5) Irrigation water shall be applied with demonstrated consideration for
avoiding runoff, low head drainage, overspray, or other similar conditions where water flows
onto adjacent property, non:irrigated areas, and impervious surfaces;
(6) All landscaping shall be maintained in healthy growing condition for the
life of the project;
(7) All plant material shall be managed by pruning so that plant growth does
not conflict with public utilities, restrict pedestrian or vehicular access, or create a traffic hazard.
SECTION 5. Subsection 20.52.070(a) of the Sign Chapter in the Bremerton
Municipal Code entitled "Sign Placement Requirements" is hereby amended by replacing the
incorrect code reference as follows:
20.52.070 SIGN PLACEMENT REQUIREMENTS.
(a) All signs, including supporting structures, shall be erected or placed totally within
the boundaries of the site and not within any public right-of-way, except for the following:
(1) Public authority and other traffic related signs;
(2) Temporary banner signs advertising a public event, which meet City
approval;
(3) Approved signs overhanging public walkways; and
(4) Approved sandwich board signs per BMC 20.52.160 and 20.5~G.170
SECTION 6. Figure 20.52(a) ofthe Sign Chapter in the Bremerton Municipal
Code entitled "Freestanding Signs" is hereby amended by adding size requirements for the
Institutional zone and reducing the sign size allowance for the Limited Commercial zone as
follows:
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2008 Zoning Code Amendments
Freestanding Signs: Zone-Specific Size and Design Requirements4
Commercial Zones Freestanding Sign Type Max. Height M S.. 1,2
ax. lze
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' -1-0060 sq. ft.
Freeway Corridor (FC) Any 35' 100 sq. ft?
Marine Industrial (MI) Monument only 8' 100 sq. ft.
Industrial Park (IP) Monument only 8' 100 sq. ft.
Industrial (I) Any 25' -
Institutional (INST) Monument Only 8' 60 sq. ft.
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 7. Subsection 20.62.060(a) of the Commercial Corridor Zone in the
Bremerton Municipal Code entitled "Development Standards" is hereby amended modifying the
setback from residentially zoned properties to read as follows:
(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 (65) percent
of the building's front facade must meet the maximum front yard setback;
. (2) Minimum side yard setback: zero (0) except when adiacent to the LQw
Density Residential Zone (R-IO) where a ten (0) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b ).as follows:
(i) Residential uses abutting the low density residential (R 10) zone: ten
(10) feet;
(ii) Nonresidential uses abutting the low density residential (R 10) zone:
sixty (60) feet;
(3) Minimum rear yard setback: zero (0), except when adiacent to the Low
Density Residential Zone (R-10) where a ten (0) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b ).as follo'1.'s:
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2008 Zoning Code Amendments
(i) Residential uses from the 10'l1 density residential (R 10) zone: ten (10)
feeg
,
(ii) N onresidontial uses from the low density residential (R 10) zone: sixty
(60) feet;
(4) No maximum density for secondary residential uses.
(5) Maximum building coverage: fifty (50) percent unless increased per
subsection (b) of this section. In no case shall maximum lot coverage exceed seventy-five (75)
percent.
(6) Maximum development coverage is seventy-five (75) percent unless
increased per subsection (b) of this section. In no case shall maximum lot coverage exceed
ninety-five (95) percent.
(7) Maximum height: forty-five (45) feet, except that structures within one
hundred (100) feet ofthe low density residential (R-10) 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)the Downtown Sub-area Plan, and shall supercedesupersede
subsection (a)(7) of this section.
SECTION 8. Section 20.62.070 ofthe Commercial Corridor Zone in the
Bremerton Municipal Code entitled "Design Standards" is hereby amended to remove the
landscaping requirements as follows:
20.62.070 DESIGN STANDARDS.
The following design standards shall be applied to all new development or significant
redevelopment of a site. When development involves the remodel or expansion of existing
structures, the Director may modify these requirements to reasonably fit the scope and scale of
the remodel or expansion.
(a) Bulk Reduction. At least two (2) ofthe following criteria shall be used to reduce
the appearance of mass apd bulk of the facade of all buildings facing public streets:
(1) Upper floor setbacks of not more than ten (10) feet, provided the setbacks
are not applied to more than twenty-five (25) percent of building facades facing a public street.
(2) One (1) or more of the following techniques:
(i) Recessing the entrance area at least three (3) feet.
(ii) An entrance area that protrudes at least three (3) feet.
(iii) A canopy, portico or overhang extending at least five (5) feet over
the sidewalk in the entrance area.
(3) Buildings with at least five (5) foot overhangs, awnings, canopies or arcades
elevated between eight (8) and twelve (12) feet above the sidewalk.
(4) Window Fenestration. Windows shall occupy at least fifty (50) percent of the
ground floor facade measured to ten (10) feet above the sidewalk or finished grade. '--
(b) Sight obscuring landscape buffering shall be provided along property lines adjacent to
commercial corridor (CC) and low density residential (R 10) zones pursuant to the standards set
forth in BMC 20.50.050(b ).
te)@ Outdoor storage of all materials shall be prohibited except for nurseries, which
shall provide screening pursuant to BMC 20.50.050(b).
13
2008 Zoning Code Amendments
fdt-W Refuse Containers.
(1) Refuse container screening shall be required and be of a material and
design compatible with the overall architectural theme of the associated structure, shall be at least
as high as the refuse container, and shall in no case be less than six (6) feet high;
(2) No refuse container shall be permanently stored between a street and the
front of a building;
(3) Refuse collection areas shall be designed to contain all refuse generated
on-site and deposited between collections. Deposited refuse shall not be visible from outside the
refuse enclosure.
SECTION 9. Section 20.62.090 ofthe Commercial Corridor Zone in the
Bremerton Municipal Code entitled "Landscaping Requirements" is hereby amended to reference
the landscaping chapter and removes the landscaping requirements as follows:
20.62.090 LANDSCAPING REQUIREMENTS.
The landscaping requirements set forth in Chapter 20.50 BMC, or as otherwise modified
in this chapter, shall be satisfied.
SECTION 10. Subsection 20.64.060(a) ofthe Wheaton Way Redevelopment
Corridor in the Bremerton Municipal Code entitled "Development Standards" is hereby amended -
by modifying the setback from residentially zoned properties as follows:
20.64.060 DEVELOPMENT STANDARDS.
(a) Lot development shall be in accordance with the following standards, unless
allowed for otherwise by law:
(1) Maximum front yard setback 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 20.64.070 or equivalent. At least sixty-five (65) percent ofthe building's front
facade must meet the maximum front yard setback;
(2) Minimum side yard setback.;... -is zero (0) except when adiacent to the Low
Density Residential Zone (R-IO) where a ten (10) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b).from nonresidential zones, and thirty (30) feet from the lo\\'
density residential (R 10) zone;
(3) Minimum rear yard setback~-ts zero (0) except when adiacent to the Low
Density Residential Zone (R -10) where a ten (10) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b ).from nonresidential zonos, and thirty (30) feet from tho lovI
density residential (R 10) zone;
(4) Maximum building coverage: fifty (50) percent unless increased per
subsection (b) of this section. In no case shall maximum lot coverage exceed seventy-five (75)
percent;
(5) Maximum development coverage: seventy-five (75) percent unless
increased per subsection (b) of this section. In no case shall maximum lot coverage exceed
ninety- five (95) percent;
(6) Maximum height: forty (40) feet, and structures within one hundred (100)
feet ofthe low density residential (R-10) zone shall not exceed three (3) stories in height.
14
2008 Zoning Code Amendments
SECTION 11. Section 20.64.070 ofthe Wheaton Way Redevelopment Corridor
in the Bremerton Municipal Code entitled "Design Standards" is hereby amended to remove the
landscaping requirement as follows:
20.64.070 DESIGN STANDARDS.
The following design standards shall be applied to all new development or significant
redevelopment of a site. When development involves the remodel or expansion of existing
structures, the Director may modify these requirements to reasonably fit the scope and scale of
the remodel or expansion.
(a) Bulk Reduction. At least two (2) of the following criteria shall be used to reduce
the appearance of mass and bulk of the facade of all buildings facing public streets.
(1) Upper floor setbacks of not more than ten (10) feet, provided the setbacks
are nbt applied to more than twenty-five (25) percent of building facades facing a public street.
(2) One or more of the following techniques:
(i) Recessing the entrance area at least three (3) feet;
(ii) An entrance area that protrudes at least three (3) feet; or
(iii) A canopy, portico or overhang extending at least five (5) feet over
the sidewalk in the entrance area.
(3) Buildings with at least five (5) foot overhangs, awnings, canopies or
arcades elevated between eight (8) and twelve (12) feet above the sidewalk.
(4) Window Fenestration. Windows shall occupy at least fifty (50) percent of
the ground floor facade measured to ten (10) feet above the sidewalk or finished grade.
(b) Residential uses shall be placed only on upper floors of mixed use structures in
which ground floors are occupied with nonresidential uses, except that on sites in single
ownership larger than three (3) acres, single-use residential structures are permitted if screened
from major arterials by mixed use structures or structures containing other permitted
nonresidential uses only. Such screening structures must comprise at least sixty-five (65) percent
ofthe arterial frontage to a height of thirty-five (35) feet.
(c) Sight obscuring landscape buffering shall be provided along property lines adjacent to
commercial corridor (CC) and 10\'1 density residential (R 10) zones pursuant to the standards set
forth in BMC 20.50.050(b). .
WW Outdoor storage of all materials shall be prohibited except for nurseries, which
shall provide screening pursuant to BMC 20.50.050(b).
W@ Refuse containers, provided:
(1) Refuse container screening shall be required and be of a material and
design compatible with the overall architectural theme of the associated structure, shall be at least
as high as the refuse container, and shall in no case be less than six (6) feet high;
(2) No refuse container shall be permanently stored between a street and the
front of a building; and
(3) Refuse collection areas shall be designed to contain all refuse generated
on-site and deposited between collections. Deposited refuse shall not be visible from outside the
refuse enclosure.
15
2008 Zoning Code Amendments
SECTION 12. Section 20.64.090 ofthe Wheaton Way Redevelopment Corridor
in the Bremerton Municipal Code entitled "Landscaping Requirements" is hereby amended to
reference the landscaping chapter and remove the landscaping requirements as follows:
20.64.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC-,-, or as otherwise modified
in this chapter.
SECTION 13. Subsection 20.66.060(b) and subsection 20.66.060(c) of the
Neighborhood Center Core in the Bremerton Municipal Code entitled "Development Standards"
is hereby amended by modifying the setback from residentially zoned properties as follows:
(b) Side yard setback: zero (0), except when adiacent to the Low Density Residential
Zone (R-IO) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b ).ten (10) feet where abutting tho 10'.'/ density residential (R 10) zone.
(c) Rear yard setback: zero (0), except when adiacent to the Low Density Residential
Zone (R-IO) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b ).ten (10) foot '.'.'here abutting the low density residential (R 10) zone.
SECTION 14. Subsection 20.66.070(b) of the Neighborhood Center Core in the
Bremerton Municipal Code entitled "Site Design" is hereby amended to remove the landscaping
requirements as follows:
(b) Site Design. In addition to other guidelines provided in this chapter, site design
shall meet the following requirements:
(1) Retail structures shall not be set back more than ten (10) feet from the
public right-of-way. In addition, retail structures shall be either mixed use structures with
residential or office uses above or be constructed so as to allow future addition of at least one
additional story containing residential or office uses.
(2) Street trees shall be provided within the front yard setback or in the sidewalk
along any facade facing a major artorial. Trees placed in the sidewalk shall be provided '.'lith
street grates at the sidewalk leyel providing a continuous walking surface to 'Nithin six (6) inches
of the tree base. Troes shall be spaced per Chapter 20.50 BMC and be: of a species appropriate
for location noar or in sidev/alks; of a species allowing pruning of Imver branches in a manner
necessary to keep the sidewalk clear of obstruction to a height of at least six (6) feet; and capable
of attaining at least twenty (20) feet in height at maturity. Trees shall not bo loss than two (2) inch
caliper at timo of planting.
(~~) Circulation. Clearly defined pedestrian and vehicle circulation routes shall
be provided such that all portions of the site are linked.
(4~) Storage. Outside storage of any kind is prohibited with the exception of
garbage cans and/or dumpsters. Garbage cans and dumpsters shall be placed in an enclosure as
per BMC 20.46.120. No garbage enclosure shall be permitted between a street and the front of a
building.
16
2008 Zoning Code Amendments
SECTION 15. Subsection 20.70.060(b) and subsection 20.70.060(c) in the
District Center Core of the Bremerton Municipal Code entitled "Development Standards" is
hereby amended by modifying the setback from residentially zoned properties as follows:
20.70.060 DEVELOPMENT STANDARDS.
(b) Side yard setback: zero (0) except when adiacent to the Low Densitv Residential
Zone (R-IO) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b ).from nonresidential zones, and ten (10) feet from the low density residerttial(R 10)
~
(c) Rear yard setback: zero (0) except when adi acent to the Low Density Residential
Zone (R-I0) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b ).from nonresidential zones, and, ten (10) feet from the low density residential-(R'l 0)
Wfl&.-
SECTION 16. Subsection 20.70.070(b) in the District Center Core of the
Bremerton Municipal Code entitled "Site Design" is hereby amended to remove the landscaping
requirements as follows:
20.70.070 DEVELOPMENT STANDARDS.
(b) Site Design. In addition to other standards provided in this chapter, site design
shall meet the following requirements:
(1) No less than thirty (30) percent of the frontage of a site along arterial
streets, as measured in lineal feet, shall be occupied by commercial Structures set back ten (10)
feet or less from a public right-of-way. In addition, such commercial structures shall be either
mixed use structures with residential or office uses above or be constructed so as to allow future
addition of at least two (2) additional stories containing residential or office uses.
(2) Street trees shall be provided within the front yard setback or in the sidewalk
I
along any facade facing a major arterial. Trees placed in the sidewalk shall be provided with
street grates at the side\valk level providing a continuous v/alking surface to within six (6) inches
of the tree base. Trees shall be spaced per Chapter 20.50 BMC and be: ofa species appropriate
for location near or in side'Nalks; of a species allowing pruning of lower branches in a manner
necessary to keep the sidewalk clear of obstruction to a height of at least six (6) feet; and capable
of attaining at least twenty (20) feet in height at maturity. Trees shall not be less than two (2) inch
caliper at time of planting.
(~~) Circulation. Clearly defined pedestrian and vehicle circulation routes shall
be provided such that all portions of the site are linked.
(4J) Storage. Outside storage of any kind is prohibited with the exception of
garbage cans and/or dumpsters. Garbage cans and dumpsters shall be placed in an enclosure per
BMC 20.46.120. No garbage enclosure shall be permitted between a street and the front of a
building.
SECTION 17. Chapter 20.74 ofthe Bremerton Municipal Code entitled
"Business Core" is hereby amended by repealing and amending the chapter to be consistent with
the Downtown Sub-Area Plan and adding a reference to the landscaping section as follows:
17
2008 Zoning Code Amendments
Chapter 20.74
Business Core
20.74.010 INTENT.
The intent of this zone is to offer 'Nell integrated employment, shopping and residential
opportunities as an integral part of the downtown regional center. Long term surface parking and
other automobile related uses arc discouraged. Pedestrian oriented day and nighttime activities
are encouraged. Residential uses are highly encouraged, particularly on upper floors and around
the periphery of the zone. The intent of this zone is detailed in the adopted Downtown Regional
Center Sub-area Plan. This Chapter supplements the adopted Plan.
20.74.020 OUTRIGHT PERMITTED USES.
The following uses are permitted:
(a) Accessory parking facility;
(b) Bed and breakfast;
(c) Co-location of wireless telecommunications facility per BMC 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;
G) 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 theater;
(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) School and education use;
(bb) Social services facility;
(cc) Transportation facility;
( dd) Veterinary clinic;
(ee) . Welfare and charitable services and facility;
(ff) Worship and religious facility.
18
2008 Zoning Code Amendments
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20. 74.080 PARKING REQUIREMENTS.
In addition to the off-street ?arking requirements set forth in Chapter 20.48 BMC, the
automobile off-street parking spaces shall be provided in accordance with the Downtown Sub-
Area Plan. Parking shall meet the standards of Chapter 20.48 BMC.
20.74.090. LANDSCAPING STANDARDS.
Landscaping shall meet the standards of Chapter 20.50 BMC.
20.74.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the
maximum size and height,standards of Figure 20.52(a) shall apply.
SECTION 18. Figure 20.74(a) of the Bremerton Municipal Code entitled
"Downtown Regional Center Maximum Building Heights" is hereby repealed in its entirety.
SECTION 19. Chapter 20.75 in the Bremerton Municipal Code entitled
"Downtown Core" is hereby amended by repealing and amending the chapter to be consistent
with the Downtown Sub-Area Plan as follows:
Chapter 20.75
Downtown Core
20.75.010 INTENT.
The intent of this zono is to focus commercial, entertainment; cultural, civic uses and
urban residential into an intense, compact, ':ialkable area served by public transit. The intent of
this zone is detailed in the adopted Downtown Regional Center Sub-area Plan. This Chapter
supplements the adopted plan.
20.75.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Community facility;
(b) Drinking place;
(c) Education and school;
(d) Entertainment use;
(e) Finance, insurance and real estate;
(f) General retail;
(g) General office and business service;
20
2008 Zoning Code Amendments
(h) Hotel and lodging place;
(i) Medical office and clinic;
G) Motion picture theater;
(k) Museum and gallery;
(1) Park, playgrounds and open space;
(m) Parking structure;
(n) Personal service business;
(0) Public administration;
(P) Restaurant;
(q) Residential uses of all types;
(r) Transportation facility;
(s) Veterinary clinic;
(t) Worship and religious facilities.
20.75.050 PROHIBITED USES.
The following uses are specifically prohibited:
(a) Light and heavy industrial/manufacturing uses;
(b) Drive-through facility;
(c) Automobile sales, service, repair or car wash;
(d) Storage of equipment and materials;
( e) Adult entertainment;
(f) Work release facility;
(g) Commercial surface parking lot not serving a permitted use.
20.75.060 DEVELOPIV1ENT 8T}.....~DARD8.
(a) Development shall comply with the follovling floor area ratio, which is the net floor
area divided by the lot area:
(1) The floor area ratio of all residential uses shall not exceed two (2);
(2) The floor area ratio of all nonresidential uses shall not exceed one (1 );
(3) The floor area ratio of residential uses may be increased to six (6) '.'lhen an
amenity is provided pursuant to BMC 20.75.065;
(1) The floor area ratio of nonresidential uses may be increased to three (3)'.vhcn
an amenity is provided pursuant to BMC 20.75.065;
(5) All neVi de'/elopment shall have a minimum floor area ratio of one (1);
(6) For tho purposes of this chapter, hotels shall be considered residential uses; .
(7) Tho floor area ratio for nonresidential uses and residential uses within a given
development are individually calculated for each use and may be added together for a combined
maximum; provided, that the maximum allov/able floor area ratio for each use is not exceeded.
(Example: .^.. proj ect that includes special amenities may have a total floor area ratio of six (6),
"'lith two (2) in commercial use and four (4) in residential use.);
(8) For the purposes of this chapter, "net floor area" is the amount of floor area
within a building as measured to the inside face of the exterior building walls, excluding the
follO'tving:
(i) Spaces below grade;
(ii) Space devoted to parking;
21
2008 Zoning Code Amendments
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(a) Rooftop Screening. Either a high parapet or a stepped or sloped roof form v/hich is a
part of the architecture of the building and is at least as high as the equipment shall screen all
rooftop mechanical equipment. Fencing is not acceptable.
(b) Screening of Parking. The street facing, ground level facades of parking garages shall
be designed to screen the vie'll of parked cars. '.Vhere COfnmercial or residential space'is not
available to accompliJh this, features such as planters, decorative grilles, or '.vorks of art sha:llbe
ase4-
(c) Building Facade.
(1) .Any building facade facing a public sidev/alk shall incorpomte'more refined
materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on
at least the first floor. The first floor shall be considered the area of the building facade
approximately fifteen (15) feet in height above the street grade.
(2) }J1Y sid0'lIalk level facade that faces any dovmtown street shall have at least
thirty five (35) percent of the facade area in transparent glass windows.
(d) Distinctive Design. Buildings taller than four (1) stories shall display a distinctive
design for the top of the building that can be achieved by various means including a change in
materials, architectural detail, color, or stepbacks at the top floor, a prominent projecting cornice,
or a roof\vith a form such as a curve, slope, or peale.
(e) Primary Pedestrian Streets. }.11 development west of '.V ashington Avenue that is
located along First, Second, Fourth, and Fifth Street, Burwell, Pacific and Park Avenue shall
additionally meet the following standards:
(1) Building facades shall abut the sidewalk, except entrance areas may be
recessed. Furthermore, buildings may be set back to accommodate exterior public spaces
pursuant to BMC 20.75.065.
(2) At least fifty (50) percent ofthe linear, sidewalk level frontage of any structure
shall consist of, or be adaptable to, retail, restaurants, cultural or entertainment uses, financial
institutes, office, indoor public spa-ces, or art galleries; and
(3) At least seventy five (75) percent of the frontage shall include weather
protection in the form of a flat or sloped canopy, projecting at least five (5) feet over the
sidewalk.
20. 75.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the
automobile off-street parking spaces shall be provided in accordance with the Downtown Sub-
Area Plan. following standards:
(a) Nonresidential uses shall provide at least one (1), but not more than four (1), off street
parking space per one thousand (1,000) square feet of gross floor area.
(b) Residential uses shall provide at least one half (0.5) off street parking space per one
thousand (1,000) square feet of gross floor area.
(c) The first three thousand (3,000) square feet of gross ground floor retail area shall be
exempt from off street parking requirements.
20.75.090 LANDSCAPING.
Landscaping shall meet the standards of Chapter 20.50 BMC.
23
2008 Zoning Code Amendments
For the purposes of this chapter, landscaping shall be provided in accordance with the
follovling standards:
(a) Street trees shall be provided with no fe\ver than three (3) trees per one hundred (l00)
linear feet of frontage. Tree grates shall be used to cover the planting pits. "'here existing
areaways or yaults preyent this form of planting, trees shall be planted in planters equipped with
irrigation. LA..!l trees shall haye a minimum caliper of two and one half (2.5) inches at the time of
planting.
(b) Surface parking lots, if they abut public sidewalks, shall pro'/ide a perimeter
landscaping strip containing a combination oftrees (with no fevler than three (3) trees per one
hundred (100) linear feet of frontage) and shrubs. Masonry walls no lower than fifteen (15)
inches nor higher than thirty (30) inches may be substituted for shrubs.
(c) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of
the interior area shall be planted with trees and sh,'ubs. All trees shall have a minimum caliper of
1'.'10 and one half (2.5) inches at the time of planting. Pedestrian walkways from adjacent
sidevlalks shall be provided.
20.75.100 SIGN STANDARDS. ,
Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs the
maximum size and height standards of Figure 20.52(a) shall apply.
20.75.110 CHLA..NCE OF USE OgREHLA..BILITATION OF EXISTINC BUILDINC.
"'hen an existing building or structure is remodeled, improycd or a change in use or
tenancy occurs, it shall be exempt from off street parking and landscaping requirements;
proyided, that:
(a) The structure is not enlarged, extended or structurally altered outside the existing
building enyelope in a manner that would require additional parking pursuant to BMC
20.18.020( c );
(b) Interior alter:ations to the envelope of the building do not increase the existing net
floor area by more than twenty five (25) percent.
SECTION 20. Chapter 20.76 in the Bremerton Municipal Code entitled
"Downtown Waterfront" is hereby amended repealing and amending the chapter to be consistent
with the Downtown Sub-Area Plan and adding a reference to the landscaping section as follows:
Chapter 20.76
Downtown Waterfront
20.76.010 INTENT.
The intent of this zone is to proyide for an array of uses related to the water, multimodal
transportation facilities, vie\v corridors, public access and residential. The intent of this zone is
detailed in the adopted Downtown Regional Center Sub-area Plan. This Chapter supplements the
adopted plan.
20.76.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
24
2008 Zoning Code Amendments
(a) Drinking places;
(b) General office and business services comprising no more than twenty-five (25)
percent of the total gross floor area of a mixed use development;
(c) General retail, including marine retail;
(d) Hotels and lodging places;
(e) Parks, playgrounds and open spaces;
(f) Residential uses of all types;
(g) Restaurants;
(h) Structured parking with other permitted uses;
(i) Transportation facilities;
G) Veterinary clinics.
20.76.050 PROHIBITED USES.
The following uses are specifically prohibited:
(a) Adult entertainment;
(b) Automobile sales, service, repair and car wash;
(c) Boat sales, storage and repair;
(d) Commercial surface parking lots not serving a permitted use;
( e) Drive-thro'ugh facilities and drive-through lanes;
(f) Light and heavy industrial/manufacturing uses;
(g) Stand-alone commercial parking not serving a permitted use;
(h) Storage of equipment and materials;
(i) Work release facilities.
20.76.060 DEVELOPMENT STANDARDS.
(a) Deyclopment shall comply with the follo','.'ing floor area ratio, 'Nhich is the net floor
area divided by the lot area:
(1) The floor area ratio of all residential uses shall not exceed one (1 );
(2) The floor area ratio of all nonresidential uses shall not exceed one half (0.5);
(3) The floor area ratio of residential uses may be increased to two (2) \\'hen an
amenity is provided pursuant to BMC 20.76.065;
(4) The floor area ratio of nonresidential uses may be increased to one (1) 'Nhen an
amenity is provided pursuant to BMC 20.76.065;
(5) For the purposes of this chapter, hotels shall be considered residential uses;
(6) The floor area ratio for nonresidential uses and residential uses within a given
development are individually calculated for each use and may be added together for a combined
mmcimum; provided, that the maximum allowable floor area ratio for each use is not exceeded.
(Example: },. proj ect that includes special amenities may have a total floor area ratio of six (6),
with two (2) in commercial use and four (1) in residential use.);
(7) For the purposes ofthis chapter, "net floor area" is the amount offioor area
within a building as measured to the inside face of the exterior building walls, excluding the
follo',ving:
(i) Spaces belo'.\' grade;
(ii) Space devoted to parking;
(iii) Mechanical spaces;
25
2008 Zoning Code Amendments
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20.76.070 DESICN STANDARDS.
(a) Rooftop Screening. Either a high parapet or a stepped or sloped roof form v/hichis a
part of the architecture of the building and is at least as high as the equipment shall screen all
rooftop mechanical equipment. Fencing isnot acceptable.
(b) Screening of Parking. The street facing, ground level facades of parking garages shall
be designed to screen the vie-'ll of parked cars. Where commercial or residential space is not
available to accomplish this, features such" as planters, decorative grilles, or works of art shall-be
HSeEh
(c) Building Facade.
(1) Any building facade facing a public sidev/alk shall incorporate mote 'refined
materials such as stone or brick and details such as pilasters, plinths, brackets, or belt courses on
at least the first floor. The first floor shall be considered the area of the building facade
approximately fifteen (15) feet in height abo'/e the street grade.
(2) i\ny sidev/alkJevel facade that faces any dovllltown street shall have at least
thirty five (35) percent of the facade area in transparent glass windows.
(d) Distinctive Design. Buildings taller than four ( 1) stories shall display a distinctive
design for the top of the building that can be achieved by various means including a change in
materials, architectural detail, color, or stopbacks at the top floor, a prominent projecting cornice,
or a roof with a form such as a curve, slope, or peale.
( e) Primary Pedestrian Streets. }..1l deyelopment west of '.J.[ ashington Avenue that is
located along First, Second, Fourth, and Fifth Street, BurNell, Pacific and Park Avenue shall
additionally meet the follo'.ving standards:
(1) Building facades shall abut the sidewalk, except entrance areas may be
recessed. Furthermore, buildings may be set back to accommodate exterior public spaces
pursuant to BMC 20.76.065.
(2) At least fifty (50) percent ofthe linear, sidewalk level frontage of any structure
shall consist of, or be adaptable to, retail, restaurants, cultural or entertainment uses, financial
institutes, office, indoor public spaces, or art galleries; and
(3) At least seyenty five (75) percent of the frontage shall include weather
protection in the form of a flat or sloped canopy, projecting at least fiye (5) feet over the
sidewalk.
20. 76.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the
automobile off-street parking spaces shall be provided in accordance to the Downtown Sub-Area
Plan. following standards:
(a) Nonresidential uses shall provide at least one (1), but not more than three (3), off
street parking space per one thousand (1,000) square feet of gross floor area.
(b) Residential uses shall pro'/ide at least one half (0.5) off street parking space per one
thousand (1,000) square feet of gross floor area.
(c) The first three thousand (3,000) square feet of gross ground floor retail area shaH be
exempt from off street parking requirements.
20.76.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards in BMC 20.50.
27
2008 Zoning Code Amendments
'For the purposes of this chapter, landscaping shall be pro'lided in accordance 'lIith the
follo'.ving standards:
(a) Street trees shall be provided '.vith no fewer than three (3) trees per one hundred (100)
linear feet of frontage. Tree grates shall be used to cover the planting pits. Vlhere existing
areaways or vaults preyent this form of planting, trees shall be planted in planters equipped .'.vith
irrigation. All trees shall haye a minimum caliper Oft'lIO and one half (2.5) inches at the time of
planting.
(b) Surface parking lots, if they abut public side'lIalks, shall provide a perimeter
landscaping strip containing a combination oftrees (with no fe'.ver than three (3) trees perone
hundred (100) linear feet of frontage) and shrubs. Masonry walls no lo\ver than fifteen (15)
inches nor higher than thirty (30) inches may be substituted for shrubs.
(c) For parking lots containing more than twenty (20) stalls, at least fifteen (15) percent of
the interior area shall be planted with trees and shrubs. All trees shallhaye a minimum caliper of
two and one half (2.5) inches at the time of planting. Pedestrian walkways from adjacent
sidewalks shall be provided.
20.76.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC. For freestanding signs, the
maximum size and height standards of Figure 20.52(a) shall apply.
20.76.110 CHANCE OF USE OR REH.\BILIT}..TION OF EXISTINC BUILDINC.
When an existing building or structure is remodeled, impro'led or has a change in use or
tenancy, it shall be exempt from off street parking and landscaping requirements; proyided, that:
(a) The structure is not enlarged, extended or structurally altered outside the existing
building enyelope in a manner that '.vould require additional parking pursuant to BMC
20.18.020( c );
(b) Interior alterations to the envelope of the building do not increase the existing net
floor area by more than twenty five (25) percent.
20.76.110 MEASURING HEIGHT.
The maximum height shall be measured from the average grade on Washington Avenue
adiacent to the subiect property's front lot line.
SECTION 21. Chapter 20.79 in the Bremerton Municipal Code entitled
"Multiple Residential" is hereby amended by repealing amendin:g language so the chapter is
consistent with the Downtown Sub-Area Plan as follows:
Chapter 20.79
Multiple Residential
20.79.010 INTENT.
The intent of the multiple residential (MR) zone district is to support the downtovm
regional center with opportunities for high density residential use. Attached multifamily units are
encouraged to take ad'/antage of the unique '/iews and nearby amenities such as shorelines,
recreational opportunities, or access to ferries and transit. There is an intentional reduction in
28
2008 Zoning Code Amendments
parking requirements and an increase in building coverago to accommodate high density
pedestrian oriented development in this most accessible of neighborhoods. The intent of this
zone is detailed in the adopted Downtown Regional Center Sub-area Plan. This Chapter
supplements the adopted plan.
20.79.020 OUTRIGHT PERMITTED USES.
The following uses are permitted outright:
(a) Co-location of wireless telecommunications per BMC 20.46.140;
(b) Residential Use. Residential uses include:
(1) Day care facility (twelve (12) or fewer persons receiving care);
(2) Foster home;
(3) Class I group residential facility;
(4) Multi-unit dwelling units;
(5) Single-unit dwelling unit, attached (zero (0) lot lines);
(6) Single-unit dwelling unit, detached;
(7) Townhouses.
20.79.030 ACCESSORY USES.
Permitted accessory uses are those set forth in BMC 20.60.030 (low density residential
(R-10) zone).
20.79.040 CONDITIONAL USES.
The following conditional uses shall be permitted pursuant to BMC 20.58.020, provided
the conditional use complies with the corresponding standard as listed in BMC 20.60.040 (low
density residential (R-1 0) zone):
(a) Bed and breakfast;
(b) Senior housing complex;
(c) Nursing/convalescent home;
(d) Day care facilities (more than twelve (12) persons receiving care);
( e) Worship and religious facility;
(f) Schools, parks and associated facilities of the types set forth in BMC 20.60.040(j).
20.79.060 DEVELOPMENT 8Tl\-,-~DA.RD8.
(a) Lot development requirements shall be in accordance 'Nith the follo'lling standards
unless allowed for by la'll otherwise:
(1) Density.
(i) No maximum density;
(ii) Minimum: five (5) d'llelling 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 Deyclopment. An attached single family d\vclling
andlor 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;
29
2008 Zoning Code Amendments
(3) Minimum lot area: three thousand (3,000) square feet;
(1) Maximum height: height limit is pursuant to Figure 20.74(a);
(5) Maximum building coyerage: eighty (80) percent.
(b) }..ccessory Structures. The following standards shall apply but are not limited to:
garages, carports, shops, barns, covered patios, cabanas, gazebos, and incidental household
storage buildings, excluding accessory dwelling units per BMC 20.46.010 and structures not
requiring a building permit:
(1) The mmcimum area for all accessory structures shall be eighty (80) percent of
the principal residential use not to exceed one thousand two hundred (1,200) square feet.
(2) Setback of detached accessory structures is pursuant to BMC 20.44.060.
(c) Garages, Storage Buildings, 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 follo\ving:
(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 (25) percent greater than the
principal unit not to exceed thirty five (35) feet.
(2) }..ny garage, storage building, or shop may be exempt from the accessory
structure size requirements provided it is contained ',vithin the principal unit.
(3) Garage, Carport and Shop Vehicle Entrance Setbacks. When the vehicle
entrance faces the street, the garage, carport or shop shall have a front yard setback of at least
twenty (20) feet, except as provided in BMC 20.11.020 (Traditional Front Yard Setbacks).
20.79.080 PARKING REQUIREMENTS.
In addition to the off-street parking requirements set forth in Chapter 20.48 BMC, the
automobile off-street parking spaces shall be provided in accordance to the Downtown Sub-Area
Plan. Off street parking shall be provided in accordance ',vith Chapter 20.48 BMC, except as
follows:
(a) Minimum parking requirement: one (1) space per unit;
(b) Access to parking shall be provided from the adjacent public facilities per the
follO'.:'1ing priority:
(1) First, from an alley, if available;
(2) If an alley is not available, from a nonarterial street, if availablo;
(3) If neither an alley nor a nonarterial street are available, from an arterial;
(c) The applicant shall demonstrate that the proposed access is pro'/ided from the highest
priority facility per the abo'/e list;
(d) Driveways providing access to parking shall be well marked;
( e) Reduction in number of required parking spaces. The Director may reduce the number
of required parking spaces on a site by up to ten (10) when a remodel, expansion, alteration; or
change in the use or tenancy of an existing building occurs, provided:
(1) For sites with multiple uses or structures, the reduction shall be applied to the
entire site and not to individual uses;
(2) 'When a use is nonconforming to the required number of off street parking
spaces, it shall not be allowed to reduce the number of existing spaces.
30
2008 Zoning Code Amendments
20.79.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC.
20.79.100 SIGN STANDARDS.
Signage shall meet the standards of Chapter 20.52 BMC.
J
SECTION 22. Subsection 20.82.060(b) and subsection 20.72.060(c) of the
Neighborhood Business Zone of the Bremerton Municipal Code entitled "Development
Standards" is hereby amended by modifying the setback requirements to residentially zoned
properties as follows:
(b) Side yard setback: zero (0) except when adiacent to the Low Density Residential
Zone (R-lO) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b )ten (10) feet from residential zones;
(c) Rear yard setback: zero (0) except when adiacent to the Low Density Residential
Zone (R-lO) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b )ten (10) feet from residential zones;
SECTION 23. Section 20.82.090 in the Neighborhood Business Zone of the
Bremerton Municipal Code entitled "Landscaping" is hereby amended to remove the landscaping
requirements and shall read as follows:
20.82.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC-,- and the follov/ing
requirements:
(a) \Vhere a commercial use in the neighborhood business zone is adjacent to a
residentially zoned lot, including across an alley from a residentially zoned lot, a landscape
buffer meeting the follO'.ving standards shall be provided:
(1)}.. solid, view obscuring wall or fenCe at least six (6) feet in height;
(2) Measures taken to ensure quality in the visual character ofthe wall or fence on
the side facing the residential lot. Measures may include any combination of the following:
(i) Refined materials or textures such as brick or stone;
(ii) A landscaped strip consisting of plantings and shrubs, which shall
count towards the landscape strip requirement per subsection (a)(3) ofthis section;
(3) }..landscaped strip at least five (5) feet in depth. Where a wall is placed \vithin
the landscaped strip, the depth of the '.vall shall be included in the measurement of the depth of
the landscaped strip;
(4) Gaps for vehicular circulation from the alley do not exceed fourteen (11) feet
in width.
SECTION 24. Subsection 20.84.060(b) and subsection 20.74.060(c) of the
Limited Commercial Zone in the Bremerton Municipal Code entitled "Development Standards"
is hereby amended by modifying the setback requirements to residentially zoned properties as
follows:
31
2008 Zoning Code Amendments
(b) Side yard setback: zero (0) except when adjacent to the Low Densitv Residential
Zone (R-lO) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b )ten (10) feet from residential zones;
(c) Rear yard setback: zero (0) except ten when adjacent to the Low Density
Residential Zone (R-I0) where a ten (10) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b )(10) feet from residential zones;
SECTION 25. Section 20.84.090 in the Limited Commercial Zone of the
Bremerton Municipal Code entitled "Landscaping" is hereby amended to remove the landscaping
requirements to read as follows:
20.84.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC~ and the follo'.ving
requirements:
(a) \Vhere a commercial use in the limited commercial zone is adjacent to a residentin:l1y
zoned lot, including across an alley from a residentially zoned lot, a landscape buffer meeting the
follov/ing standards shall be provided:
(I)}... solid, vie'll obscuring wall or fence at least six (6) feet in height;
(2) Measures taken to ensure quality in the visual character ofthe '.vall or fence on
the side facing the residential lot. Measures may include any combination of the follov/ing:
(i) Refined materials or textures such as brick or stone;
(ii) A landscaped strip at least fi'/e (5) feet in depth. .Where a '.vall is placed
within the landscaped strip, the depth of the '.vall shall be included in the measurement of the
depth ofthe landscaped strip;
(3) ~\ landscaped strip at least five (5) feet in depth;
(4) Gaps for vehicular circulation from the alley not exceeding fourteen (14) feet
in width.
SECTION 26. Subsections 20.86.060(b) and subsection 20.86.060(c) in the
Freeway Corridor Zone of the Bremerton Municipal Code entitled "Development Standards" is
hereby amended by modifying the setback requirements to residentially zoned properties as
follows:
(b) Minimum side yard setback: zero (0) except when adjacentto the Low Density
Residential Zone (R-I0) where a ten (0) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b) twenty (20) feet where abutting residential zones;
(c) Rear yard setback: zero (0) except when adj acent to the Low Density Residential
Zone (R-I0) where a ten (10) to twenty (20) foot visual screen is required pursuant to BMC
20.50.050(b)twenty (20) feet from residential zones;
SECTION 27. Subsections 20.88.060(b) and subsection 20.88.060(c) in the
Marine Industrial Zone of the Bremerton Municipal Code entitled "Development Standards" is
hereby amended by modifying the setback requirements to residentially zoned properties as
follows:
32
2008 Zoning Code Amendments
(b) Minimum side yard setbacks as follo'1/s: Zero (0) except when adiacent to the
Low Density Residential Zone (R-1 0) where a ten (10) to twenty (20) foot visual screen is
required pursuant to BMC 20.50.050(b)
(1) Zero (0) from commercial zones;
(2) Five (5) feet from residential zones for fully enclosed uses and twenty (20)'feet
for uses not fully enclosed.
(c) Minimum rear yard setback as follo\vs: Zero (0) except when adiacent to
the Low Density Residential Zone (R-1 0) where a ten (10) to twenty (20) foot visual
screen is required pursuant to BMC 20.50.050(b)
(1) Zero (0) from commercial zones;
(2) Five (5) feet from residential zones for fully enclosed uses and twenty (20) feet
for uses not fully enclosed.
SECTION 28. Section 20.88.070 in the Marine Industrial Zone of the Bremerton
Municipal Code entitled "Design Standards" is hereby amended to remove the landscaping
requirements and shall read as follows:
20.88.070 DESIGN STANDARDS.
(a) Light, glare, and odors shall not impact or be readily discemable from properties
outside the MI zone,'and all provisions ofthe noise levels ordinance, Chapter 6.32 BMC, shall be
met.
(b) Maximum building coverage may be increased to seventy-five (75) percent when
separate buildings on more than one (1) lot are constructed with uniformity ofthe following
architectural elements:
(1) Roof pitches;
(2) Exterior building facade material;
(3) Exterior building facade palette of colors;
(4) Exterior window sash material and style.
(c) Maximum development coverage may be increased to eighty-five (85) percent
with a City-approved, on-site circulation plan depicting access to and from all portions of the site
and the waterfront.
(d) All uses in the MI zone shall be screened from 'lie'll from properties outside the MI
zone, including areas across an alley, by screening meeting the provisions of Chapter 20.50BMC
and the following standards:
(1) A solid vie'oV obscuring wall or fence at least six (6) feet in height;
(2) A landscaped strip at loast fiye (5) feet in depth adjacent to the solid screen on
the side facing the residentially zoned lot.
(eft) Ingress and egress to all uses within the MI zone shall be from a collector arterial
roadway or higher roadway classification, or from a roadway or driveway that is fully within the
MI zone and not adjacent to other zones.
(f~) Hours of operation for light industrial/manufacturing uses shall be limited to 7:30
a.m. to 7:30 p.m.
SECTION 29. Subsection 20.90.060(b) and subsection 20.90.060(c) in the
Industrial Park Zone of the Bremerton Municipal Code entitled "Development Standards" is
33
2008 Zoning Code Amendments
hereby amended by modifying the setback requirements to residentially zoned properties as
follows:
(b) Minimum side yard setback: ten (10) feet, except when adiacent to the Low
Density Residential Zone (R -10) where a ten (0) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b );twenty (20) feet from residentiall)' zoned lots including
residentially zoned lots across a public right of \vay from the IP zone.
(c) Minimum rear yard setback: ten (10) feet, except when adiacent to the Low
Density Residential Zone (R-10) where a ten (0) to twenty (20) foot visual screen is required
pursuant to BMC 20.50.050(b );twonty (20) feet from residentially zoned lots including
residentially zoned lots across a public right of 'Nay from the IP zone.
SECTION 30. Section 20.90.090 in the Industrial Park Zone ofthe Bremerton
Municipal Code entitled "Landscaping" is hereby amended to by removing the landscaping
requirements and shall read as follows:
20.90.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC,,-, or as otherwise modified by
the following requirements:
(a) For each twenty (20) parking stalls, a landscaped area equal to one (l)parking stall shall
be provided;
(b) For each t'.venty (20) parking stalls, one (1) tree shall be installed within a landscaped
area. Such trees shall moet the minimum plant material sizes as set forth in Chapter 20.50 BMC.
SECTION 31. Subsection 20.92.060(b) and subsection 20.92.060(c) in the
Employment Center of the Bremerton Municipal Code entitled "Development Standards" is
hereby amended by modifying the setback requirements to residentially zoned properties as
follows:
(b) Minimum side yard setback: zero (0), when adiacent to the Low Density
Residential Zone (R-10) where a ten (0) to twenty (20) foot visual screen is required pursuanttd
BMC 20.50.050(b, plus an additional setback of one (1) foot for each foot of height above thirty
five (35) feet;
(c) Minimum rear yard setback: zero (0), except when adiacent to the Low Density
Residential Zone (R-10) where a ten (0) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b, plus an additional setback of one (1) foot for each foot of height above thirty
fiye (35) feet;
SECTION 32. Section 20.92.080 in the Employment Center Zone ofthe
Bremerton Municipal Code entitled "Parking" is hereby amended by removing the landscaping
requirements and shall read as follows:
20.92.080 PARKING REQUIREMENTS.
Parking shall meet the standards of Chapter 20.48 BMC except as modified by the
following:
34
2008 Zoning Code Amendments
(a) Required parking for a nomesidential use may be reduced by twenty (20) percent
if the project is within one thousand three hundred (1,300) feet of designated transit-oriented
development;
(b) Parking for residential uses shall not exceed two (2) spaces per residential unit;
(c) For each twenty (20) parking stalls, a landscaped area equal to one (1) parking stall
shall be provided; and
(d) For each twenty (20) parking stalls, one (1) tree shall be installed '.vithin a landscaped
area. Such trees shall meet the minimum plant material sizes as set forth in Chapter 20:50BMC.
SECTION 33. Section 20.92.090 in the Employment Center Zone of the
Bremerton Municipal Code entitled "Landscaping" is hereby amended to remove the landscaping
requirements and shall read as follows:
20.92.090 LANDSCAPING REQUIREMENTS.
Landscaping shall meet the standards of Chapter 20.50 BMC.:. and the following
requirements.
(a) Vlhere a side or rear lot line of a nonresidential use is adjacent to a residential zone,
screening '.vith the following characteristics shall be provided:
(I)}.. solid, view obscuring viall or fence at least six (6) feet in height;
(2) Measures taken to ensure quality in the visual character of the wall or fence on
the side facing the residential lot. Measures may include any combination of the following:
(i) Refined materials or textures such as brick or stone;
(ii) A landscaped strip at least five (5) feet in depth. 'Where a wall is placed
within the landscaped strip, the depth of the wall shall be included in the measurement of the
depth of the landscaped strip;
(3) }..landscaped strip at least fi','e (5) feet in depth.
SECTION 34. Subsection 20.94.060(b) and subsection 20.94.060(c) in the
Industrial Zone of the Bremerton Municipal Code entitled "Development Standards" is hereby
amended by modifying the setback requirements to residentially zoned properties as follows:
(b) Minimum side yard setback: zero (0) except when adiacent to the Low Density
Residential Zone (R-I0) where a ten (10) to twenty (20) foot visual screen is required lJUrsuantto
BMC 20.50.050(b): tY/enty (20) feet where abutting a residential zone;
(c) Minimum rear yard setback: zero (0) except when adiacent to the Low Density
Residential Zone (R-l 0) where a ten (10) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b ):twenty (20) feet 'Nhere abutting a residential zone;
SECTION 35. Section 20.94.090 in the Industrial Zone of the Bremerton
Municipal Code entitled "Landscaping" is hereby amended to remove the landscaping
requirements and shall read as follows:
20.94.090 LANDSCAPING REQUIREMENTS.
Landscaping shall be provided per the requirements set forth in Chapter 20.50 BMC.:.,-ef
as otherwise modified in this section.
35
2008 Zoning Code Amendments
(a) Where a heavy industrial/manufacturing use is abutting a residentially zoned lot,
including a-cross an alley or public right of way from a residentially zoned lot, a landscape buffer
consisting of the follO'..."ing features shall be provided:
(1) A solid, 'lie'..." obscuring wall or fence at least eight (8) feet in height;
(2) }.. landscaped strip installed and maintained by the industrial use, at least five
(5) feet in depth adjacent to the solid ':lall on the side facing the residential zone.
SECTION 36. Subsection 20.98.060(b) and subsection 20.98.060(c) in the
Institutional Zone ofthe Bremerton Municipal Code entitled "Development Standards" is hereby
amended by modifying the setback requirements to residentially zoned properties as follows:
(b) Minimum side yard setback: zero (0), except when adiacent to the Low Density
Residential Zone (R-IO) where a ten (10) to twenty (20) foot visual screen is required pursuantto
BMC 20.50.050(b); twenty (20) feet where adjacent to any lot not within the institutional (ll'TST)
~
(c) Minimum rear yard setback: zero (0), except when adiacent to the Low Density
Residential Zone (R-IO) where a ten (10) to twenty (20) foot visual screen is required pursuant to
BMC 20.50.050(b); twenty (20) feet v/here adjacent to any lot not within the institutional (INST)
~
SECTION 37. 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 38. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
! ~rtJ
Approved this ~ day of ~t/
~o;p
CARY B ZEMAN, Mayor
36
2008 Zoning Code Amendments
ATTEST:
APPROVED AS TO FORM:
{kIfftfpJ
CAROL ET EN, City Cl
PUBUSHED the o1/it day of ~
EFFECTIVE the /~ day of
ORDINANCE NO. ~
ER A. LUBOVICH, City Att
, 2008
,2008
R\Legal\Legal\Ordin3l1ces\Community Development\2008 Zoning Code amendments.doc
37
2008 Zoning Code Amendments
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
Since the adoption of the Zoning Code in 2005 staff has become more familiar with the code
and has recognized areas in need of improvement. One of these areas includes the required
setbacks for commercial structures adjacent to Low Density Residential properties which can
require up to a 60' setback. This setback has made several properties undevelopable and must
be reduced. To offset the setback reduction additional screening requirements were developed.
Minor house keeping amendments are also included in this proposal.
The Bremerton Municipal Code chapter 20.18 "Text Amendments" directs staff to bring
amendments that result in any substantive change to a public hearing by the Planning
Commission and then City Council for review and adoption. Planning Commission conducted a
hearing on February 19, 2008 and made a recommendation to approve the proposed
amendments to the Zoning Code.
I. FINDINGS OF FACT
1. Project Description:
On January 15, 2008 the Planning Commission held a workshop session to discuss setbacks
for commercial projects which are adjacent to residential properties. Setbacks vary depending
on the zone and are substantially larger in the Commercial Corridor than any other zone. The
Commercial Corridor requires a 60' setback for all projects adjacent to the Low Density
Residential Zone. While it is clear the intent was to provide adequate separation between
incompatible uses this requirement denies several property owners the ability to build anything
on their property. The Planning Commission determined that this setback must be reduced.
Significant discussion revolved around how to provide effective separation from the commercial
use to the residential use without denying property owners the use of their property. It was
determined that dense landscaping could provide better protection than a setback. Such
landscaping requirements did not exist in the City's code however several other jurisdictions
have such provisions. Planning Commission directed staff to review other jurisdictions visual
screening requirements and to add appropriate screening requirements into the landscaping
section.
Staff reviewed other jurisdictions visual screening requirements and found that the City's code
relating to landscaping should be reorganized to simplify language and ensure consistent
requirements from zone to zone. The revised code includes modified setbacks between
commercial and residential uses, increased visual screening requirements, and general
organizational changes. Additionally a few minor housekeeping amendments have been
included, these changes correct typos, and inaccurate code references. The following table
summarizes the proposed amendments.
On February 19, 2008 the Planning Commission held a Public Hearing on the proposed
amendments and unanimously recommends these amendments to the City Council for
adoption.
Exhibit A
Subject Summary Amended code
Landscaping · Addition of visual screening types Entire
~ Type I: 10' in width, single row of trees; applies to Landscaping
standard commercial projects adjacent to R-1 0 Chapter
~ Type II: 20' in width, double row of trees; applies to BMC 20.50
large retail, heavy industrial, junk yards, motion
picture theaters, and sports complexes.
· Added a general landscaping section which organizes the
myriad of landscaping requirements throughout the zoning
code.
· Increased maintenance requirements
· Increased vegetation preservation requirements
· Modified lanquaqe for readers ease
Organization · Moved landscaping requirements from each zone into the All commercial
and landscaping chapter zones
Required · Modified setbacks from R-10 so that all nonresidential
Setbacks zones are required to provide 10' - 20' visual screening
(This decreases some setbacks and increases others).
Parking · Removed an exemption from the parking standards which 20.48 Parking
allows parkinq within 5' of R-1 O.
House · Corrected inaccurate code references 20.42 Definitions
Keeping & 20.52 Siqns
· Added the Institutional zone to the sign chart 20.52 Signs
· Changed Limited Commercials maximum sign size to
match other zones
2. Procedural History
2.1 January 15, 2008 Planning Commission Workshop
2.2 January 25, 2008 CTED 60 day review period began
2.3 February 9, 2008 Notice of Public Hearing
2.4 February 19, 2008 Planning Commission Public Hearing
2.5 March 11, 2008 Issuance of SEPA DNS
3. Public Comment
3.1 Individuals providing verbal testimony at Planning Commission public hearing:
a. John Taylor, Real Estate agent for the property on the corner of Adele Avenue and 9th
Street Tax Account # 3783-003-018-0001
4. SEPA Determination
A Determination of Non-Significance was issued on March 11, 2008 with an appeal deadline of
April 4, 2008. No appeals were filed for this action.
5. Consistency
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:
Executive Secretary
Approved by:
Bill Mosiman, Chair
AFFIDAVIT OF PUBLICATION
Account # 42742 / Ad # 227861
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christy Moffitt, 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 date, to wit:
April 21, 2008 and that such newspaper was regularly distributed to its subscribers during all of said period.
':;i}("~That the full amount of the fee 'charged for the foregoing publication is the sum of $31.86 amount has not
i,})(;t::fbeen paid in full. ,/:' , " :
UyAoi-ll Y\1owiA
(Signature of Principal Clerk)
Subscribed and sworn to before me this day ot Apnl]}), :w08.
. ~. 0.411
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S> . ,~",\~&ION t';.o; . -<'-0
::S:cY OT41y '1>~. ~
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. 'oUBL'\.;
~ .. 7 . ~
"71-'. 9-ot,-i)~.. :~p
OF 'WAS~\~0
AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to
BMC Title 20, the Zoning Code including landscaping standards, setbacl;sxequirements for all co~mer~~.aJi(::.r;!;.'< ,~.;~~,.;G/~',-;:<,\^~",:"': "~f:t~~~;~~~:1~;~
zones, modification to downtown zones for compliance with the Sub-Area Plan, and minor housekeeping, .
modifications.
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 5046
:" ~\:i5S'_{~ ,,,''''
PASSED by the City Council the 16th day of April, 2008.
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.
April 21, 2008..............................Ad#20065813
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